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 16 of 96)
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sent a duly certified copy of the resolution and proceedings of the board of town
auditors of the town of Vernon in relation to roads and bridges, which said copy
is hereto annexed and marked Exhibit A {annex a copy of the form preceding and
mark it Exhibit A).

That in pursuance of said resolution, the commissioner of highways in said
town duly erected said bridge, and thereafter presented his vouchers and account
therefor to the said board of town auditors, whereupon the said board duly audited
the same as more fully appears from the proceedings thereof, a certified copy of
which is as follows:

At the annual meeting of the board of town auditors of the town of Vernon^
held at , on the day of , 1886:

The account and expenses of , highway commissioner of said town, in-

curred in pursuance of the consent of this board, given August 1, 1886, by reso-
lution hereto annexed, marked Exhibit A, are hereby audited and allowed at the
sum of $800, payable as follows:



In whose favor.


Nature of work done and material

furnished.


Amount
claimed.


Amount
allowed.


Grotou Bridge Company. .
A. B




$700 00

10 00
50 00

10 00


$700 00


Five days' services in erecting

tbp SHTne




10 00


CD


2,000 feet plank at $25

Five days' services in erecting
bridge


50 00


E. F






10 00


(And so on).






Total


$800 00


$800 00







(Signed.)



Supervisor.
Town Clerk.
Justices of the Peace.



The Supeevisoe. 139

Town of Vbknon, ) **"'

We hereby certify that we have compared the foregoing transcript of the pro-
ceedings of the board of town auditors of said town, duly held on the day of
, 1886, with the original thereof on file in the town clerk's oflSce, and that
the same is a correct transcript therefrom and of the whole of said original.
Dated , 1886.

A. B.,

Supervisor.
C. D.,

Town Clerk.

In connection therewith I ask the passage of the following resolution:
Besolved, That the sum of $800 be and the same is hereby levied upon the tax-
able property of the town of Vernon, and orders therefor be drawn payable to
the several persons specified in said auditor's certificate for the amounts set op-
posite their respective names.
All «f which is respectfully submitted.

A. B.,

StTPERTISOH.

Dated , 1886.

The board of supervisors have no discretion as to the amount to be raised.

They are to raise the amount audited by the town board.

People T. Supervisors of Queens, 1 Hill, 195 ; Osterboudt v. Eigney et al., 98 N. T.
222-280.

§ 167. Meeting' to Determine What Amount
Shall be Borro^red.— On the first Monday of March, in
each year, at ten o'clock in the morning, at the town clerk's office,
the supervisor, commissioners of highways, town clerk and justices
of the peace, shall meet to determine what amount, if any, shall be
borrowed on the credit of the town, for building or repairing any
road or roads, or bridge or bridges, in such town, or partly in such
town and partly in an adjoining town, or to pay any existing debt
incurred in good faith by, or on behalf of, such town before the pas-
sage of this act, and for what roads or bridges such amount shall be
borrowed or appropriated, and for the same purposes a meeting or
meetings of said officers may, and shall also be held, upon the call
of the town clerk, whose duty it shall be to call the same within
one week after the receipt of the written request of twelve tax pay-
ers of the town therefor, and any such meeting may be adjourned
for want of a quorum, or in default of any final determination of
any question arising, concerning such appropriation ; but no such
meeting shall be held subsequent to the first Monday of October,
in each year.

Chap. 855, Laws of 1869, §1, as amended by chap. 250, Laws of 1882.

The amount to be borrowed cannot exceed one-half of one per



140 SuPERVisoEs' Manual.

cent of the assessed valuation of taxable property of the town for
such year.

Id.

The minutes of the meeting should be properly kept in town books of record
and show the whole proceedings to be regular.

The following petition will bring the matter before the board of supervisors
and also shows the proper method of keeping the record of the proceedings of
the town officers.

PETITION — FORM OF.

To THE HONOKABLE THE BOARD OP SlTPEIlVISOBS OF ONEIDA COUNTY.

The petition of the undersigned, supervisor of the town of Marshall, in said
county, respectfully represents:

That at a meeting of the supervisor, town clerk, commissioner of highways and
justices of the peace of said town, held at the town clerk's office in said town, on
the first Monday of March, 1886, in pursuance of chapter 855, Laws of 1869, and
the acts amendatory thereof, the following proceedings were had, viz. :

At the annual meeting of the supervisor, town clerk, commissioner of high-
ways and justices of the peace of the town of Marshall, held at the town clerk's
office, March 1, 1886, all of said town officers being present.

On motion of A. B. Mi. Day was chosen chairman and C. D. clerk.
On motion of Mr. F., the following resolution was adopted:
Resolved, That we ask the board of supervisors of Oneida county to authorize
the supervisor of the town of Marshall to borrow $500, for and on the credit of
said town ; for the purpose of opening the road running from N. to W. as laid
out in the fall of 1885, and issue bonds therefor, payable in one year, at six per
cent interest, at the First National Bank of Utica, and deeming the same to be
necessary, we hereby consent thereto.

On motion of L. M. the meeting adjourned.

(Signed.) JULIUS A. DAY,

Supervisor.
CD.,

Town Clerk.
E. F.,

Commissioner op Highways.
G. H.,
L. M.,
R. S.,
T. v.,

Justices op the Peace.
CLERK'S OFFICE, 7 .
Town of Marshall, ) "
I hereby certify that I have compared the foregoing transcript of the proceed-
ings of the town officers of said town, with the original on file in this office, and
that the same is a correct transcript therefrom and of the whole thereof.

C. D.,
Dated November 1, 1886. Town Clerk.

That the assessed valuation of the taxable property of said town for the year
1886, is $1,000,000.



The Supervisor. 141

Wherefore, your petitioner prays that the supervisor of the said town be au-
thorized, in pursuance of such resolution and consent and the statute aforesaid,
to borrow the sum of $500, for and on the credit of said town, and that your
board fix and prescribe the form of obligation to be issued and the time and
place of payment as prescribed by law.

JULIUS A. DAY,

Dated November 6, 1886. Supervisor.

This petition should be presented to the board, and is generally referred to the
committee on ' ' Legislation " or "Laws," for the reason that the proper form of a
resolution authorizing such loans is quite technical and requires careful prepara-
tion.

A form for such resolutions may be found in a subsequent chapter, post.

See "Committee ou Legislation.''

These forms can be adapted for use, in the cases of additional amounts to be

raised at town meetings or special town meetings, or upon the application of the

town officers as provided in

Chap. 274, Laws of 1832; chap. S14, Laws of 1838; chap. 615, Laws of 1857, and
chap. 482, Laws of 1875, as amended by chap. 451, Laws of 1885.

When Supervisor may Purchase Stone
Cruslier. — The supervisor of any town in the State of Newr
York may, when authorized so to do by a majority vote of the
electors voting thereon at the annual or at a special town meeting,
purchase a machine for crushing stone, to be used for the improve-
ment of the roads of said town, and shall present his account and
vouchers for such purchase, to the board of the town auditors of his
town, for audit.

Chap. 220, Laws of 1884, § 1.

Notice of Election.— The town clerk, on the application
of the road commissioners of the town, or a majority of them, shall
give at least ten days' notice that such vote will be taken, by posting
notices of the same in not less than five public places in the town
and the vote when taken shall be by ballot, which, written or printed,
shall read as follows: " For a stone crusher," or " Against a stone
crusher."
Id., s 2.

Custody of Machine. — Such machine, when purchased,
shall be deemed to be, and shall be, under the care and custody of
the supervisor of the town, and where there is an incorporated vil-
lage constituting a separate road district in any town, he shall permit
an equitable use of said machine to said separate road district.

Id., § 3.

Tax to Pay the Same. — The board of supervisors of
the county shall cause to be levied and collected by tax, on any town



142 StJPEEvisoEs' Manual.

having authorized the purchase of a stone-crushing machine, in the
same manner as other town taxes are levied and collected, such sum
as shall be necessary to pay for the purchase of the same.

Id., §4.

Election as to Purcliasing' Stone, etc.— When-
ever any town shall have purchased a machine for crushing stone,
by virtue of the provisions of this act, the town clerk of such town,
on the application of the commissioners of highways, or a majority
of them, shall call a special town meeting of the electors of said
town, to vote upon the question of raising by tax a sum of money,
to be specified in said call, not exceeding $2,000 in any one year, for
the purpose of purchasing rock or stone, quarrying, breaking, crush-
ing and placing the same on the highways in said towns, and to de-
fray all the expenses of operating said stone-crushing machine ; such
vote to be taken, either at a special town meeting called for that
purpose or at any annual town meeting. In either case the town
clerk shall give at least eight days' notice that such vote will be taken,
by posting notices thereof in not less than five public places in said
town ; and the vote, when taken, shall be by ballot, either written
or printed, and shall read as follows: "For the appropriation to
defray the expenses of supplying and operating the stone crusher,"
or " Against the appropriation to defray the expenses of supplying
and operating the stone crusher." If a majority of the ballots cast
are " For the appropriation to defray the expenses of supplying and
operating the stone crusher," the board of supervisors of the county
shall cause to be levied and collected by tax, in any town having
voted as aforesaid, either at special or annual town meeting, the
amount so voted, in the same manner as other town taxes are levied
and collected, and the same shall be paid over to the commissioners
of highways, to be used by them for the purposes aforesaid.

Id., § 6, added by chap, ill, Laws of 1887.

Supervisor's Duties in Preventing' Spread
of Diseases in Peacli Trees, etc. — Fruit
Trees Infected -vritli Yellcws. — It shall be un-
lawful for any person to knowingly or willfully keep any peach,
almond, apricot, or nectarine tree infected with the contagious
disease known as the yellows, or to offer for sale or shipment, or to
sell or ship to others any of the fruit thereof; that both tree and
fruit so infected shall be subject to destruction as public nuisances,
as hereinafter provided, and no damages shall be awarded in any
court in this State for entering upon premises and destroying such



The Supervisob. 143

diseased trees and fruit, if done in accordance with the provisions
of this act ; and it shall be the duty of every person as soon as he
becomes aware of the existence of such disfease in any tree or finiit
owned by him, to forthwith destroy or cause the same to be de-
stroyed.

Chap. 403, Laws of 1887, § 1.

Supervisor may Appoint Town Commission-
ers. — In any town in this State in which such contagious disease
«xists, or in which there is good reason to believe it exists, or danger
may be justly apprehended of its Introduction, as soon as such in-
formation becomes known to the supervisor thereof, it shall be the
duty of said supervisor to appoint forthwith three competent free-
holders of said town, as commissioners, who shall hold office during
the pleasure of said supervisor, and such order of appointment and
of revocation shall be entered at large upon the town records.
Id., § 2.

Commissioners to File Acceptance. — To-wn
Clerk to Keep Record. — It shall be the duty of said
commissioners, within ten days after appointment as aforesaid, to
:file their acceptances of the same with the clerk of said town, and
said clerk shall be eoa-officio clerk of said board of commissioners,
and he shall keep a correct record of the proceedings of said board
in a book to be provided for the purpose, and shall lile and preserve
all papers pertaining to the duties and actions of said commissioners,
or either of them, which shall be a part of the records of said town.

Id., § 3

Duty of To-wn Commissioners. — It shall be the
duty of the commissioners, or any one of them, upon or without
complaint, whenever it comes to their notice that the disease known
as yellows exists or is supposed to exist within the limits of their
town, to proceed without delay to examine the trees or fruit sup-
posed to be infected, and if the disease is found to exist, a distin-
guishing mark shall be placed upon the diseased trees and the owner
notified personally, or by a written notice left at his usual place of
residence, or if the owner be a non-resident, by leaving the notice
with the person in charge of the trees or fruit, or the person in
whose possession said trees or fruit may be. The notice shall con-
tain a simple statement of the facts as found to exist, with an order
to effectually remove and destroy, by fire or otherwise, the trees so
marked and designated, within ten days, Sundays excepted, from
the date of the service of the notice ; and in case of fruit so in-



144 SupKKTisoRs' Manual.

fected, such notice shall require the person in whose possession or
control it is found, to immediately destroy the same or cause it to
be done ; said notice and order to be signed by the full board of
commissioners.

Id., §4.

Duties of Commissioners Wben Order Re-
fused. — Whenever any person shall refuse or neglect to comply
with the order to remove and destroy the trees marked by the com-
missioner, as aforesaid, it shall become the duty of the commission-
ers to cause said trees to be removed and destroyed forthwith, em-
ploying all necessary aid for that purpose, the expense for such re-
moval and destruction of trees to be a charge against the town ; and
for the purpose of said removal and destruction the said commis-
sioners, their agents and workmen, shall have the right and power
to enter upon any and all premises within their town.
Id., § 5.

Failure of 0\^ner to Destroy Trees a Mis-
demeanor. — If any owner neglects to remove and destroy,
or cause to be removed and destroyed, as aforesaid, such diseased
trees or fruit after such examination and notification, and within
the time hereinbefore specified, such person shall be deemed guilty
of a misdemeanor, and punished by fine not exceeding $100, or
by imprisonment in the county jail, not exceeding three months, or
both, in the discretion of the court ; and any justice of the peace
of the town where such fruit is sold, shipped or disposed of, as
aforesaid, shall have jurisdiction thereof ; and all such fines so col-
lected shall be turned over to the supervisor of said town, to be
placed by him in the contingent fund of said town.

Id., §6.

Pay of Commissioners a To-vrn Charge.— The

commissioners shall be allowed for services under this act, $2 for
each full day and $1 for each half day, and their other reasonable
charges and disbursements hereunder to be audited, as well as any
other charges and disbursements under this act, by the board of town
auditors, to be paid to said commissioners as other town accounts
are paid. Such fees and all reasonable charges and disbursements
of said commissioners in each case may be recovered by the town,
in the name of the supervisor, from the owner of the diseased fruiter
trees on account of which such fees, charges and disbursements be-
came payable or were incurred.
Id., s 7.



CHAPTER IV.

ELECTIONS.

Sec. 168. Preparation for general election. Sec. ISO. Caption.

169. Order dividing town into election 181. Unlawful to distribute other bal-

districts. lots.

170. New towns, election districts in. 182. Penalty.

171. Alteration of districts. 183. Repeal.

172. Order altering election districts. 184-205. Canvass of votes by inspectors.

173. To give notice of time and place 206-207. Statements of canvass.

of holding election. 207X- Duties of supervisors.

174. Notice of holding an election. 208-223, Board of county canvassers.

175. Inspectors of election to be 224-237. Duties of county clerk.

elected annnally. 238-243. Official canvass.

176. Form of appointment for third 244. When to order special election.

inspector in towns. Inspect- 245. Notice for. special election,

ors, vacancy in office. 246-256. Digest of decisions.

177. When to appoint inspectors; 255. Court may correct errors; man-

who eligible as inspectors. damns.

178. Appointment of inspectors to fill 256. Practice therein ; Broome connty;

vacancies. instructions for inspectors, etc.,

179. Ballots must be on plain paper in.

and uniform.

DUTIES UNDEE ELECTION LAWS.

§ 168. Preparation for General Election.—
When may Divide To^rn into Districts.— The

supervisor, assessors and town clerk of each town shall meet at the
town clerk's office in such town on the first Tuesday in September
next, at ten o'clock in the forenoon, and form themselves into a
board. And in case a majority of said officers, for any cause, do not
attend on that day, it shall be the duty of those who do attend, to
adjourn to some future day, not exceeding five days, and shall
immediately thereupon give notice to those officers who do not
attend, of the time of such adjournment ; and it shall be the duty of
all said officers to attend on such adj6urned day, and to proceed in
the same manner as though a majority had attended on the day
appointed by law; and adjournments from time to time may be had
by said officers, as occasion may require ; but no such adjournments
shall extend beyond the first day of October in said year. They
shall, in all cases where any town shall contain more than five hun-
dred electors, divide tlie same into a convenient number of election
districts, so that each district shall be in a compact form within their
town, and shall contain not more than five hundred electors, as
far as the number can be ascertained. But where any town shall
contain less than five hundred electors, the board may, in their dis-
cretion, divide the same into districts. They shall make a certificate
19



146 Supervisors' Manual.

of such division, under their hands, in which such districts shall be
numbered and described by known boundaries, which shall be imme-
diately filed in the office of the town clerk. The town clerk shall,
at least two weeks before the day of election, put up copies of the
said certificates in at least four public places in each of said districts,
within ten days after such meeting ; and he shall deliver a copy
thereof to an inspector in each district before the day of election.

1 R. S. 382.
Tliis law was passed in 1843. See next three sections.

1 169. Order Dividing- To-wn into Election
Districts.

COUNTY OF RENSSELAER, ) .
Town of Pittstown, ) "

We, the undersigned, supervisor, town clerk and assessors of the town of Pitts-
town, in the county of Rensselaer, having met at the town clerk's office in said
town on the first Tuesday in September, 1868, for the purpose of dividing said
town into election districts, and a majority of said officers being present, did then
and there divide said town into two election districts, which districts shall be
known as election districts No. 1 and 3. Said district No. 1 shall comprise and
consist of all that part of said town lying and being within the following bounda-
ries, viz : (describe each district carefully by known boundaries.) Said district No.
3 shall comprise, etc.

Dated this l4</t day of September, 1868. (Signatures.)

§ 170. Ne-w To-wns, Election Districts in.—

When any new town shall be formed, the supervisor, town clerk
and assessors therein shall meet at the town clerk's office on or
before the first Tuesday in September preceding the first general
election to be held in such town, and divide the same into districts
as herein prescribed, and the sara,e proceedings, in all respects, shall be
had as herein provided in respect to towns now existing.

S 17, tit 8, chap. 130, Laws of 1842 ; 1 R. S. 882.

§ 171. Alteration of Districts.— In every succeeding
year the same officers shall meet at the town clerk's office on the
first Monday of October, at ten o'clock in the forenoon, and form a
board. They shall determine whether any alteration in the existing
election districts be necessary or expedient, and shall have power to
make the same, subject to the same restrictions and limitations con-
tained in section 168, cmte ; and shall, in like manner, make a certifi-
cate of such alterations, exhibiting the districts as altered, and their
numbers, respectively ; which certificate shall be filed in the tovm
clerk's office. Such alteration shall not take effect until after the
then next general election, except in case of the alteration, erection



Elections. I47

or division of a town, or except such alteration of districts shall not
affect any inhabited territory in a town, in which case it shall take
effect immediately.

Id., § 14, as amended, chap. 437, Laws of 1880; and chap. 267, Laws of 1885.

§ 172. Order Altering- Election Districts.



COUNTY OF RENSSELAER,
Town of Pittstown,



^\e, the undersigned, supervisor, town clerk and assessors of the town of
Pittstown, in the county of Rensselaer, having met at the town clerk's office in
said town, on the first Monday of October, as by statute required, and a majority
of said officers being present, did then and there decide and determine that the
following alterations in the existing election districts in said town are necessary
and expedient, viz. :

Election district No. 1, in said town, is hereby altered so as to comprehend and
include all that part of said town bounded and described as follows, to-wit {insert
immdivries as before). Election district No. 3, etc.

Dated this Zd day of October, 1868.

(Signatures.)

This must be filed in the town clerk's office.

§ 173. To g-ive Notice of Time and Place of
^Holding Elections. — The common council of each city and
the said town officers of each town, on the first Tuesday of Septem-
ber next, and on the first Monday in September in each year there-
after, shall designate the place in each election district in such city
or town at which elections shall be held during the year ; and they
shall thereupon give notice, written or printed, to be posted in at
least eight public places in each district, containing a description of
such place so designated, and of the time of opening and closing the
poll. And in case a majority of said common council in any city,
or a majority of said town officers, shall for any cause fail to attend,
for the purposes aforesaid, on the days above mentioned, the same
powers are given in relation to adjournments and the same duties are
required in all particulars as are given in the fifteenth and sixteenth
eections of this title to town officers, except that no adjoummenta
4Bhall extend beyond the fifteenth day of September in each year.

Id., § 18, as amended by Laws of 1881, chap. 137.

§ 174. Notice of an Election.



Town op



COUNTY, )



We, the undersigned, composing the board of town officers of said town, do
hereby give notice that the ensuing general election, at which the following offi-
cers are to be elected, viz. : (insert the list of officers contained in tlie notice of the
aecreta/ry of State) will be held on the day of " next, in



148 Supervisors' Manual.

election district No. 1, at the house of W. X., in said district; on the same day,
in election district No. 2, at the house of H. S , in said district; and in election
district No. 3, on the same day, at the house of P. Q., in said district, and that
the poll of the election will be opened on the day of afore-

said, at (iTisert the time fixed upon by the board, not later tlum 9 A. if.,) and
closed at sunset on that day.
Dated , the day of September, 18 .

A. B.,

Supervisor.
S. C,

Town Clerk.
E. F.,
T. W,
M. N.,

Assessors.



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 16 of 96)