George Crane Morehouse.

The supervisors' manual : a practical treatise on the law applicable to the duties of supervisors from the date of their election to the end of their official term; also, the law relative to town bonds, railroad aid bonds, defective roads and bridges, town meetings, assessment and collection of taxe online

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Online LibraryGeorge Crane MorehouseThe supervisors' manual : a practical treatise on the law applicable to the duties of supervisors from the date of their election to the end of their official term; also, the law relative to town bonds, railroad aid bonds, defective roads and bridges, town meetings, assessment and collection of taxe → online text (page 12 of 96)
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In witness whereof we have hereto set our hands this 10th day of July, 1869.

(Signatures.)

§ 147. Vacancies in Board of Excise.— Such va-
cancies are filled by appointment by the supervisor and justices of
the peace, or a majority of them, until the next annual town meet-
ing, at which meeting such vacancy is filled by election.

Chap. 444, Laws of 1874, § 1 ; 3 E. S. 1990.
The preceding form may be adapted to such an appointment.

§ 148. Certain To-wns and Cities Authorized
to sell Railroad Stock. — The several towns, cities and
villages in the counties of Chenango, Delaware, Madison, Ulster,
Sullivan, Cortland, Orange, Cayuga and Oswego, the towns of Pitts-
field and Edmeston in Otsego county, and the town of Vienna,
Oneida county, were authorized to sell all or any part of the capital
stock of the New York and Oswego Midland railroad now owned
by either of them, and the several towns and villages in Chenango
county, all of the Utica, Chenango and Susquehanna Valley railroad
capital stock owned by them.

No sale was to be made by the railroad commissioners or the su-
pervisor when there were no railroad commissioners, without the
approval and consent in writing of a majority of the justices of the
peace in all towns where the supervisor acted as such commissioner ;
in other towns, of the supervisor and a majority of the justices of
the peace.

Chap. 21, Laws of 1880, amended by chap. 308, Laws of 1881 .

State Bounty for Wolves and Panthers.— A

State bounty of $30 for a grown woK, $15 for a pup wolf, and $20



The Supervisor. 103

for a panther, shall be paid to aoy person or persons who shall kill
any of said animals within the boundaries of this State. The per-
son or persons obtaining said bounty shall prove the death of the
animal so killed by him or them, by producing satisfactory affidavits,
and the skull a7id skin of said animal, before the supervisor and
one of the justices of the peace of the town within the boundaries
of which the said animal was killed. Whereupon said supervisor
and justice of the peace, in the presence of each other, shall burn
and destroy the said skull, and brand the said skin so that it may be
thereafter identilSed, and issue to the person or persons claiming and
entitled to the same, an order on the treasurer of the county to
which said town belongs, stating the kind of animal killed, the date
of killing the same, and the amount of the bounty to be paid in
virtue of the within section of this act, and the county treasurers of
this State are hereby authorized and directed to pay all orders issued
as aforesaid ; and all orders issued in the manner aforesaid, and paid
by the treasurer of any county in this State, shall be a charge of said
county against the State, the amount of which charge, on delivery
of proper vouchers, the comptroller is hereby authorized and di-
rected to allow in the settlement of taxes due from said county to
the State.

Chap. 534, Laws of 1879, S 31.

FIFTH. WITH JUSTICES OF THE PEACE AND TOWN

CLERK.
§ 149. Duty as to Purcbase and Buildings
To'WIl-llOUSe. — The electors of any town of this State in
which there shall not be a town-house, at any annual town meeting,
or at a special town meeting called by the town clerk in the manner
provided in sections 7 and 8 of article 1, title 2, chapter 11, part 1,
Eevised Statutes, may, by resolution, vote a sum of money for the
purchase of a site for, and the building of, a town-house, or for the
purpose of contributing to the erection of a building for the joint
use of such town and of an incorporated village within its limits
not exceeding in number of dollars four times the number of elect-
ors in such town ; provided that a notice of such intention to pro-
pose such a resolution shall have been posted within fifteen days of
and not less than ten days preceding said meeting, iu five of the
public places in said town.

Chap. 197, Laws of 1847, § 1; as amended by chap. 135, Laws of 1889.

Amount to be Raised by Tax.— Upon proper repre-



104 SuPEEVisoKs' Manuai,.

sentation of the action of any town under the first section of this act,
the board of supervisors of the county in which such town is situated,
may cause the sum so voted, to be collected with the other expenses
of said town ; or may require the question to be again submitted to
the electors of said town, at the next annual town meeting.

Id., §2.

Erection and Control of To"wn-Houses.— Con-
veyances for sites shall be made to the towns ; sites shall be purchased
and houses erected by the supervisor, town clerk and the justices of
the town, and the house shall be controlled by the supervisor and
the justices of the peace, or a majority of them, and the electors
may, from time to time, vote such sum of money as may be necessary
to keep any town-house in repair and insured.

Id., § 8, as amended by chap. 267, Laws oi 1879.

Money to be Raiised. — The board of supervisors in any
county may, in their discretion, cause any money or any portion
thereof, voted by towns before the passage of this act, for building
town-houses, to be raised in said towns for such purpose.
Id., § i.

Qualification of Above Statute as to Incor-
porated Villagfe, etc. — Section 3 of chapter 197 of the
Laws of 1847, as amended by chapter 267 of the Laws of 1879, shall
not apply where the building is to be erected within the limits of
an incorporated village, and such town shall contribute but a part to
the expense of erecting such building. But such contribution by
such town shall be made upon such terms and conditions as to the
use, management and control of the respective portions of such town-
house, for town and village purposes respectively to be agreed upon
by and between the board of trustees of such village, and the town
board of such town.

Chap. 456, Laws of 1884, § 2.

Board of Supervisors May Authorize — The

board of supervisors have power to authorize any town, when ap-
plication shall be made therefor by vote of a majority of the elect-
ors voting on the question at any annual or duly called special town
meeting, and any village when similar application shall be made by a
vote of a majority of its tax-paying electors voting on the question
at a duly called special meeting, to purchase a site for a town or
village hall, and to purchase or erect a building for such hall, and



The Supbrtisok. 105

to raise money as may be necessary, from time to time, for the care,
preservation and improvement of such hall.

Chap. 482, Laws of 1875, subd. 20, § 1.

Upon the application of certain tax payers of the town of New Utrecht, the
board of supervisors ordered a special town meeting "to consider and decide the
question of purchasing a site for a town hall." At a meeting held in pursuance
of this order, a resolution was adopted " tha' tne question he determined by ballot
of the votes of this town meeting, whether a site shall be purchased for a town
hall, and a building purchased or erected for such hall, * * ." Upon the
return of an affirmative vote on this resolution to the board of supervisors, au-
thority was given to the town to purchase the site and erect the hall and to bor-
row money for that purpose. Seld, that the resolution adopted by the town meet-
ing was a suflHcient compliance with subd. 20, ante, and that the power conferred
by this section is not restricted by chapter 197, Laws of 1847, and chapter 157,
Laws of 1849, authorizing the erection of a town hall by said town and limiting
the amount to be expended therefor.

Bergen v. Gubna, 10 Hun, 11.

A testator devised a lot to the town of Y. for the purpose of erecting thereon
a town hall, on condition that the hall should be erected within three years after
testator's death, and then the will provided as follows: "And I further give and
bequeath to said town of Y. the sum of $300 toward the erection of such town
hall upon the plot of ground above designated; provided, nevertheless, and this
bequest and devise are upon condition that said town of Y. and people shall raise
the sum of $1,500 and apply the same toward the erection and completion of
such town hall on such lot within three years after my decease." Held, that a
town has no authority to receive a bequest to be devoted, under certain con-
ditions, to the erection of a town hall, and that the bequest was void as suspend-
ing the absolute ownership of personal property for more than two lives in being.

Inre UnderhiU'a Will, 3 N. Y. Supplement, 205.

A testator bequeathed "to the town of C, in its corporate capacity, $1,000
to be forever invested by the town board, or officers of said town having charge
of the financial matters of said town, from time to time, and at all times hereafter
on real estate worth at least double the amount loaned thereon, the interest to
be regularly collected and applied annually, by the town officers of said town,
toward the support of the poor who are supported by said town, the intention
being that said interest shall annually form part of the poor fund of said town."
Held, that the bequest was void as creating an unlawful suspension of the absolute
ownership of personal property.

Iseman v. Myres, 26 Hun, 651.

The acquisition by a town of a fee in land for highway purposes by a voluntary
grant is within the powers conferred by statute. A deed conveyed, for a valuable
consideration expressed, a certain strip of land described therein, to a town and
' ' its assignees forever," vrith covenants of warranty. Following the description was
the following: " To be used as a highway, with all the privileges thereunto be-
longing, for such pv/rpose only, with the appurtenances and all the estate, title
and interest of said parties of the first part therein," Held, that the deed con-
veyed a fee of the land, not an easement merely; that the clause restricting the
use operated at most as a condition subsequent, and until the contingency hap-
pened the whole title was in the grantee.

Vail V. L. I. B. R., 106 N. Y. 283.

But if such town-house is erected jointly by a village and the town, within the
village limits, the care and management thereof is to be agreed upon by the board
of trustees of the village, and the town board.

Chap. 456, Laws of 1884, § 3.

§ 150. Vacancy in Office of Justice of tbe
Peace. — Whnever a vacancy shall occur in the office of justice
14



106 SuPEEVisoEs' Manual.

of the peace of any town in this State, the supervisor, town clerk
and remaining justices of the peace, or a majority of such officers,
are hereby authorized, by warrant under their hands and seals, to
appoint a suitable person to fill said vacancy.

Chap. 4T6, Laws of 1859, as amended by chap. 166, Laws of 1875 ; 1 R. S. 823.
See form below.

Such appointment must be filed in the town clerk's office, and a copy thereof
in the county clerk's office, before the person so appointed is authorized to act.

Id., §2.
The person so appointed holds his office until the next regular town meeting,
unless said appointment shall have been made to fill the vacancy of an officer
whose term of office would have expired on December thirty-first next succeed-
ing such appointment; in which case the term of office of the person so appointed
shin expire on the thirty -first day of December next succeeding such appointment.

Id.
A iustice of the peace whose term would have expired December 31, 1886,
resiened on June 23, 1885, and on February 16, 1886, the vacancy was filled by
appointment. At the annual town meeting in April, 1886, 121 votes were cast for
W and 112 for E. for justice of the peace, the latter ballots specifying that they
were for a full term, while those for W. had no specification. The election offi-
cers refused to certify E.'s election and contended that but one justice was elected,
and certified to W.'s election. Application was made for a mandamus to compel
the election officers to determine that both W. and E. were elected justices, and
that E. was elected for a full term. The application was denied. -SsM. "o e''-
ror; that there was no vacancy to be filled at the April election, and that W. was
elected for the full term.

/« re Elliott, 25 N. T. Week. Dig. 341.

ORDER APPOINTING JUSTICE OF THE PEACE TO FILL VACANCY.

COUNTY OF EENSSELAER, ) .
Town op Pittstown, )

Whereas, a vacancy has occurred in the office of justice of the peace of the
town of Pittstown, by reason of the death (or as the case may he) of George
Holmes, heretofore elected to said office from said town.

Now, therefore, by virtue of the power vested in us by the statute, in such
case made and provided, we, the undersigned, the supervisor, town clerk, and the
remaining justices of the peace of said town, do hereby, in order to fill such va-
cancy, nominate and appoint Charles Adams to be justice of the peace of said town,
to hold his said office until* the next succeeding annual town meeting of said
town, as by law provided. n i. j t

In witness whereof we have hereto set our hands and seals this 10th day of

July, 1869. , „ , ,

(Signature and Seals.)

§ 151. To Supply Vacancies in Inspectors of
Election.

See post. Elections, chap. IV, § 177.

§ 152. Duties as Board of Health.

See post. Board of Health, § 168.

* If such appointment is to fill the vacancy of an officer whose term of office
would have expired on the thirty-first day of December next, insert after the as-
terisk (*) " the thvrty-flrst day of December next," instead of the above.



The Supervisor. 107

§ 153. Duties as Board of Town Auditors.

See post, Auditors, § 449.

SIXTH. WITH TOWiq- CLERK.
§ 154. 'When to act as Inspector at a Villag'e
Election. — The general act for the incoi-poration of villages

Laws of 18W, chap. 291.

provides for the holding of an election to determine whether a par-
ticular territory shall be incorporated as a village.

Id., § 7, title 1.

and directs that at such election the supervisor and town clerk of the
town, or supervisors or town clerks of the towns, part or parts of
which are taken for such village, or any two of such persons, shall
constitute the board of inspectors for such election, preside at such
election, and all the laws applicable to the election of town officers
shall apply' to such election and to all the proceedings thereat, so far
as the same shall be applicable and are consistent with the provisions
of this act. Due notice of the time of such election shall be given
to the persons herein designated as inspectors, by some one of the
persons signing the notice required by section 7 of title 1 of this act.
Id., § 8.

Form of Ballot. — Every elector residing in such territory
and qualified to vote for town officers in the town in which such ter-
ritory or some part thereof shall lie, may vote at such meeting by
a ballot having thereon the word "yes" or the word "no."
Id., § 9.

Inspectors to File Certificate of Result.—

Within three days after such election the said board of inspectors shall
make out a certificate of the holding of the same and of the canvass
of the ballots thereat, showing the whole number of such ballots,
the number with the word " yes" thereon, and with the word "no"
thereon, with a copy of the notice of the holding of such election
and an affidavit of posting or publishing the same as hereinbefore
provided. Such certificate shall be signed by said inspectors or a
majority of them, and its truth verified by their affidavits annexed
thereto, and shall within ten days after such election be filed and
recorded in the county clerk's office of the county within which such
territory shall be, or in case such territory shall be located in two or
more counties, then such certificate shall be filed with the county
clerk of each of such counties.

Id., S 10; as amended by chap. 59, Laws of 1878.



108 Supervisors' Manual,

An appeal may be taken within ten days by an elector to tlie
county judge specifying the irregularities in and objections to such
election, by depositing $100 and on proper notice.

When NcTT Election Ordered.— If the county judge
shall decide such election to have been illegal, he shall forthwith, in
rendering his decision, make an order and file tlie same in the county
clerk's ofiice in the county in which snch territory shall be, or in case
such territory shall be located in two or more counties, with the county
clerk of each of such counties, directing another election to be held to
determine the question of the incorporation of such territory. The
election so ordered shall be held on notice of such election signed by
some one or more of the persons designated as inspectors of election
for the previous election as to incorporation, specifying the hours of
opening and closing the polls, and place of holding the same, stating
the proposed name of village and the amount for ordinary expendi-
tures for the first year, and giving the verbal description provided
for hereinbefore of the bounds of such territory ; such notice to be
published or posted as hereinbefore provided in relation to the pre-
vious election, for at least fifteen days before the election.

Id., § 13, as amended by chap. 59, Laws of 1878.

The " verbal description provided for " is a description by metes
and bounds of the territory to be embraced in such temtory, to be
made hy impractical surveyor, showing the quantity of land in such
territory, all to be verified by the surveyor's affidavit thereon or an-
nexed thereto.

Id., §2.

The " notice " is to be pubhshed in a newspaper, if there be one
within the proposed bounds of said village, and copies posted in ten
pubhc places within said bounds.
Id., § r.

Second Election, Holding* of.— Sucli second election

shall be held in the manner and by tlie persons as inspectors, as here-
inbefore provided for the first election, and with like powers to the
inspectors, and the inspectors presiding shall make a certificate of
such election, such as was required at the previous election by this
act, and file the same within ten days from the holding of such elec-
tion as directed as to the certificate of the previous election.

Id., §14.

Election of First Village Officers.— Within
twenty days after the day on which such territorv shall become and



The Supervisok. 109

be incorporated as a village, the persons hereinbefore designated as
inspectors of the first election, or a majority of them, shall publish
or cause to be published in a newspaper, if one shall be published in
said village, and post or cause to be posted in ten public places in
such village, a notice stating that on a day stated and at a place
named in such village and between certain hours, an election will be
held for the election of such village officers as shall be required to
be elected by this act.

Such notice shall be published (if published at all in a newspaper),
and posted at least fifteen days before the time of holding such elec-
tion. Such election shall be held for at least the space of four hours
uninterruptedly, between ten o'clock in the forenoon and four o'clock
in the afternoon, and the notice of election shall state the hours of
opening and closing the polls, and the names of the offices to be
filled. The provisions of section 8, title 1 of this act shall, so far as
applicable, apply to the election held under this section.

Id., §18.

Canvass, etc., of Result.— The persons presiding as
inspectors, or a majority of them, at any election held by virtue of
this act, after the village shall have been incorporated, shall imme-
diately canvass the votes, openly declare the result, and make and
subscribe a certificate of such canvass, showing the whole number of
votes given, the number given for each person voted for, and the
office for which he shall have been voted for, which certificate shall
be recorded in the records of said village.

Id., §19.

Plui*ality to Elect. — The person eligible and having the
greatest number of votes for any office shall be deemed elected to
such office. If there shall be a tie as to a particular office between
two or more persons eligible and having the greatest number of votes,
the person presiding at such election shall forthwith determine by
lot, in the presence of the other inspectors or a majority of them,
which shall be deemed to be elected, and set forth such fact in the
certificate of the result made by them. This section shall apply to
all subsequent elections under this act.

Id., § 20.

SEVENTH. WITH TOWN" CLERK AND ASSESSORS.

To Make Jtjey Lists.
§ 155. In TO"Wns. — Except in the counties of Kings and
New York, and certain cities, the supervisor, town clerk and asses-



110 Supervisors' Manual.

sors of each town must meet on the first Monday of July in the
year 1878, and in each third year thereafter, at a place within the
town appointed by the supervisor, or in case of his absence or of a
vacancy in his ofiiee, by the town clerk, for the purpose of making
a list of persons to serve as trial jurors for the then ensuing three
years. If they fail to meet on the day specified in this section, they
must meet as soon thereafter as practicable.

Code of .Civil Procedure, § 1035.

§ 156. In Cities. —Making' Lists of Jurors in

Cities. Each ward of the city of Utica is considered a town for

the purpose of making lists of jurors ; and the supervisor and asses-
sor of that ward must execute the duties of the supervisor, town
clerk and assessors of a town, as prescribed below, except that a
diiplicate of the list of jurors made by them must be filed in the
oflace of the clerk of the city. In the city of Albany the recorder
of said city shall perform the duties imposed in this matter upon the
supervisor, town clerk and assessors of towns. In each of the other
cities of the State the like duties must be performed by the officers,
and in the manner prescribed by law. A city wherein two or more
assessors are elected for the entire city is considered a town for the
purpose mentioned, except where the officers who are to perform
the duties of the supervisor, town clerk or assessor, as prescribed
above, are specially designated by law.

Id., § 1041, aa amended by chap. 532, Laws of 1881.

HOTT Maide . — At the meeting specified in section 1035 above
given, the officers present must select from the last assessment-roll
of the town and make a list of the names of all persons whom they
believe to be qualified to serve as trial jurors, as prescribed in the
Code of Civil Procedure.

Id., §1036. In Kings county, see Id., §1132. In New York, see Id., § 1090.

In Seneca county, see chap. 137, Laws of 1822.

As to wlio are qualified, disqualified, and exempt, see next section.

None of the persons entitled to exemption from serving on juries, or who are
disqualified by reason of holding certain ofiSces, or who do not possess the re-
quisite qualifications, should be selected and placed on the list.

§ 157. Who are Disqualified from Serving

as Jurors. — Persons who do not possess the qualifications are
disqualified. Besides these, each of the following officers is dis-
qualified to serve as a trial juror:

1. The governor, the lieutenant-governor, the governor's private
secretary.



The Supekvisoe. Ill

2. The secretary of State, tlie comptroller, the State treasurer, the
attorney-general, the State engineer and surveyor, a canal commis-
sioner, an inspector of State prisons, a canal appraiser, the superin-
tendent of public instruction, the superintendent of the bank de-
partment, the superintendent of the insurance department, and the
deputy of each officer specified in this subdivision.

3. A member of the legislature during the session of the house
■of which he is a member.

4. A judge of a court of record or a surrogate.

5. A sheriff, under sheriff or deputy sheriff.

6. The clerk or deputy clerk of a court of record.

Id., § 1029.

§ 158. Who are Entitled to Exemption fpom

Jury Duty. — The Code of Civil Procedure provides that each
of the following persons, although qualified, is entitled to exemption
from service as a trial juror upon his claiming exemption therefrom :

1. A clergyman, or a minister of any religion, officiating as such,
and not following any other calling.

2. A resident officer of, or an attendant, assistant, teacher, or
other person, actually employed in a State asylum for lunatics, idiots,
or habitual drunkards.

3. The agent or warden of a State prison ; the keeper of a county
jail ; or a person actually employed in a State prison or county jail.

4. A practicing physician or surgeon, having patients requiring



Online LibraryGeorge Crane MorehouseThe supervisors' manual : a practical treatise on the law applicable to the duties of supervisors from the date of their election to the end of their official term; also, the law relative to town bonds, railroad aid bonds, defective roads and bridges, town meetings, assessment and collection of taxe → online text (page 12 of 96)