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 4 of 96)
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and Papers.

To Hon. W. B. Sittton, County Judge oi' Onetda County:

The petition of D. D. C, above named, respectfully shows that on March 5,
1885, one J. S. T. was duly elected to the office of supervisor of the town of
Deerfield, in said county, to serve for one year from said date, and duly quali-
fied therefor and took possession of said office and of the records, books and
papers hereinafter mentioned, and continued in possession thereof till June 9,
1885, when he died.

2 That your petitioner was, on the 12th day of July, 1885, duly appointed to
fill the vacancy in said office caused by the death of said T., and has duly taken
and subscribed the oath of office, duly filed the same in the town clerk's office
of said town, and duly furnished the security, and duly qualified himself as
supervisor of said town as required by law, and since said July 13, 1885, has
been and now is the supervisor of said town.

That, by virtue of said appointment, and the other acts above set forth,
your petitioner is the successor to said T. in said office, and entitled to posses-
sion of the records, books and papers heretofore in the possession or under the
control of said T. belonging to or appertaining to said office. That the said
records, books and papers belonging and appertaining to said office, to- wit:
(deserve the property), have come to and are now in the possession of C. D. ;
that said C. D. has not been elected or appointed supervisor of said town, and
does not claim to be such.

3 That on the day of , 1885, your petitioner duly demanded said
records, books and papers of said CD., who thereupon refused to deliver the
same, or any of them, to him. That said C. D. now is, and for a year last
past has been, a resident of Oneida county. That no previous application for
the order herein asked for has been made herein.

Wherefore, your petitioner demands that the said C. D. be ordered to show
cause before your honor why he, the said C. D., should not be compelled to
deliver said records, books and papers to your petitioner, and why your peti-
tioner should not have such further or other relief or order as may be proper.

Dated Aiigiist 1, 1885. D. D. C.

Oneida County, ss.:

D. D. C, being duly sworn, says: That he is the petitioner above named;
that he has read the foregoing petition and knows the contents thereof; that
the same is true to his own knowledge, except as to the matters therein stated
to be alleged on information and belief, and that as to those matters he believes
it to be true.

D. D. C.

Sworn to before me, this 1st ~|

day of August, 1885. [

John Doe, [

Justice of the Peace. J

If any of the allegations in the above petition are upon information and belief,
it would be safer to attach the affidavit of some person who knows the facts in
relation thereto. If such person will not make the affidavit, then allege the
sources of the petitioner's information, and the grounds for his belief, and the
reason why the informant's affidavit is not given.

§ 32. Order to Sho-w Cause on Application.

(Title substantially as in the la.st form.)

On reading and filing the petition of D. D. C, dated August 1, 1885 (and speci-

4



26 Supervisors' Manual.

fying other papers relied on, if any), and being satisfied by tbe oath of said pe-
titioner and other testimony offered, that the records, books and papers mentioned
in said petition are unlawfully withheld, on motion of W. A. Matteson, Esq.,
attorney for said petitioner, it is hereby

Ordered, that said C. D. show cause before me at my chambers in the city of
Utica, N. Y., on the 10th day of August, 1885, at ten o'clock in the forenoon of
that day, why he should not be compelled to deliver the records, books and papers
mentioned in said petition to said D. D. C, and why said D. D. C. should not
have such other and further relief as may be just. Let a copy of this order and
the papers on which the same is granted be served on said C. D. personally, on
or before August 5, 1885.

Dated August 1, 1885. W. B. SUTTON,

Oneida County Judge.

If, upon an inquiry before said officer, the person charged with
withholding such books or papers shall make affidavit before such
officer that he has truly delivered over to his successor all such books
and papers in his custody or appertaining to his office, within his
knowledge, all further proceedings before such officer shall cease, and
the person complained of shall be discharged. If he does not make
such oath, then the officer shall, by warrant, commit such person to
the jail of the county, there to remain until he shall dehver such
books and papers, or be otherwise discharged according to law.

1 R. S. 876.

The following forms may be used therefor :
§ 33. Affidavit of Delivery.

STATE OP NEW YOUK, ) .
CoBNTT OF Oneida, ) "

C. D. of said county, being duly sworn, says, that he is the person mentioned
and described in a certain petition and complaint made by one D. D. C. before the
Hon. W. B. Sutton, county judge, on the 1st day of August, 1885, and that he
has truly delivered over to said D. D. C. all the books, records and papers in his
custody or appertaining to said office of supervisor of the town of Deerfield in
said county, within his knowledge.

C. D.
Sworn, etc

This affidavit must be made before the officer before whom the proceedings are
pending. °

McGrory v. Henderson, 43 Hun, 438.

If such affidavit be made, the proceedings cease. If it is not made
and after investigation the judge is satisfied that the papers are un-
lawfully withheld, an order is usually made in the following form :

§ 34. Order thereupon.

(Title substantially as in the preceding form, § 31.)

Whereas, on the 1st day of August, 1885,'at my chambers in Utica N Y
complaint was made to the undersigned, county judge of Oneida countv bv D
D. C. of which the following is a copy, to- wit (fiere insert thepetUion. or 'a surri
mary of its contents); and, ""^



The Supbkvisor. 27

Whereas, being satisfied, by the oath, of said D. D. C. that the records, books
and papers mentioned in said petition or complaint, dated August 1, 1885, were
unlawfully withheld, and that said C. D. resides in Oneida county, I granted an
order directing said C. D. to show cause before me, on August 10, 1885, at my
chambers, why he should not be compelled to deliver said records, books and
papers to said D. D. C, and for such other and further relief as may be just, and
at the time and place so appointed, said D. T>. C. and said C. D. appeared before
me, and due proof having been made of the service of said order, petition and all
papers accompanying the same, I proceeded to inquire into the circumstances,
which inquiry was continued before me from day to day until this day, the matter
having been regularly adjourned, and said C. D. not having made oath that he
has truly delivered to said D. D. 0. the said books, papers and records, and it ap-
pearing that said D. D. C. is the successor to said office of supervisor of the town
of Deerfield, and that said records, books and papers are still unlawfully with-
held, and that said C. D. still omits and refuses to deliver up the same (*), now
after hearing W. A. Matteson, Esq., attorney for said D. D. C, in favor, and D.
C. Stoddard, Esq., attorney for said C. D. in opposltiop thereto, it is hereby

Ordered, that said C. D. forthwith deliver to said D. D. C. all the records, books
and papers belonging or appertaining to the office of supervisor of said town of
Deerfield, to-wit: (here enumerate and describe the several records, books and papers),
which have come to the hands of, in possession of or under the control of said C.
D., or in default thereof, that a warrant issue to the sheriff of the county of
Oneida to commit said C. D. to the jail of said county, therein to remain until he
deliver to said D. D. C. said records, books and papers, to-wit: Qiere enumerate as
before) or be otherwise discharged according to law.

And the same being required by said D. D. C, it is furtner

Ordered, that on such default being made by said C. D., a search warrant issue
to said sheriff or any constable of said county, commanding him to search, in the
day-time, the house of said C. D. situated {insert a particular designation or de-
scription of said house, and of any other place to be searched), for said records,
books and papers, to-wit: Qwre insert a pa/rticular description of the articles) so
withheld, and seize and bring them before the undersigned.

Dated August 15, 1885.

W. B. SUTTON,

Oneida County JtrcGE.

If default be made in obeying the order after service of a copy
thereiof on the person so withholding, a warrant and search warrant
in the following form issue :

§ 35. Warrant of Arrest.

The People op the State op New Yokk to the Shebipp op Oneida County:

Whereas (recite the proceedings as in the last form to the asterisk(^) ).

These presents are, therefore, to command you, the" sheriff of Oneida county,
and you are hereby commanded to take the body of said C. D. and commit him to
the jail of Oneida county, there to remain until he shall deliver the following
records, book.s and papers, to-wit: (Jiere insert a pa/rticula/r description of the rec-
ords, books and papers) or be otherwise discharged according to law.

In witness whereof I have hereunto set my hand and seal, at my 6hambers in
Utica, N. Y., this 18th day of August, 1885.

W. B. SUTTON, [l. s.]
Oneida County Judge.

§ 36. Searcli Warrant.

The People op the State op New York to the Sheripp, or any Constable
op Oneida County:
Whereas (recite proceedings to tJie asterisk (*) as in the second form above), and
said D. D. C. having further required a search warrant to be issued, you, the said
sheriff of Oneida county, and any constable of said county, are hereby further
commanded to search, in the day-time, the house of said C. D., situated (insert a



28 Supervisors' Makdal.

particular designation or description of said house and of any other place to be
searched) for said records, books and papers, to-wit: (Aere insert a partievia/r de-
scription of tlie same) and seize and bring them before the undersigned.

In witness whereof, I have hereunto set my baud and seal, at my chambers in
Utica, N. Y., this 18th day of August, 1885.

W. B. SUTTON, [l. s.]
Oneida County Judge.

§ 37. To Demand from his Predecessor and
other ToTrn Officers all School and To^tm
Moneys. — It is his duty, so soon as the bond to the county treas-
urer, by the third article of the third title of this act required, shaD
have been given by him and approved by the treasurer, to deliver
to his predecessor the treasurer's certificate of these facts, to procure
from the town clerk a copy of his predecessor's account, and to de-
mand and receive from him any and all school moneys remaining in
his hands.

2 R. S. 1155, 1 6, subd. 7; chap. 555, Laws of 1864.

The bond referred to is the same mentioned in section 23,
" Second," ante Furnished with the treasurer's certificate and a
certified copy of his predecessor's account from the town clerk, and
the approval by the auditors of his bond, he is then entitled to
demand and receive all scliool moneys.

Unless this certificate and approval be produced the moneys
should not be paid to him by his predecessor, nor should he pay
these moneys to his successor when his term of ofiice expires. It is
his duty, upon receiving such a certificate and approval from his
successor, and not hefore, to pay him all school moneys remaining
in his hands, and to forthwith file the certificate in the town clerk's
office.

Id., subd. 3.

§ 38. Keeping Accounts.— Having received the books,
and it being his duty to receive and pay out the town and school
moneys, it is necessary for him to keep proper accounts thereof.

The supervisor of each town shall receive and pay overall moneys
raised therein for defraying town charges, except those raised for
the support of highways and bridges, of common schools, and of the
poor where poor moneys shall be raised.

1 E. S. 826.

He shall keep a just and true account of the receipt and expendi-
ture of all moneys which shall come into his hands by virtue of his
ofiice, in a book to be prepared for that purpose, at the expense of
the town, and to be delivered to his successor in office.
Id.



The Supervisor. 29

In addition to the above, which relates to town charges, it is his
duty to keep a just and true account of all the school moneys re-
ceived and disbursed by him during each year, and to lay the same,
with proper vouchers, before tte board of town auditors at each
annual meeting thereof.

Chap. 555, Laws of 1864; 2 R. S. 1155, § 6, subd. 4.

To have a bound blank book (the cost of which shall be a town
charge), and to enter therein all his receipts and disbursements of
school moneys, specifying from whom and for what purposes they
were received, and to wh(»m and for what purposes they were paid
out, and to deliver the book to his successor in office.

Id., subd. 5.

Within fifteen days after the determination of his office, to make
out a just and true account of all school moneys theretofore received
by him, and of all disbursements thereof, and to deliver the same to
the town clerk, to be filed and recorded, and to notify his successor
in office of such rendition and filing.

Id., subd. 6.

The accounts and book last above mentioned (subds. 4, 5 and 6)
are based upon his duties in relation to common schools. The law
pertaining thereto is as follows :

It is the duty of every supervisor to disburse the school moneys
in his hands applicable to the payment of teachers' wages upon, and
only upon, the written orders of a sole trustee, or of a majority of
the trustees, in favor of qualified teachers, or upon the order of the
trustee of a separate neighborhood, in favor of any teacher of a
school in an adjoining State, recognized by him and patronized by
the inhabitants of such neighborhood. Such teacher shall be deemed
a qualified teacher.

Id., subd. 1.

To disburse the library moneys upon, and only upon, the written
orders of a sole trustee, or a majority of the trustees.

Id., subd. 2.

In the case of a union free school district, to pay over all the
school money apportioned thereto, whether for the payment of
teachers' wages or as library moneys, to the treasurer of such dis-
trict, upon the order of its board of education.

id., subd. 3.

If the order is regular upon its face, that is to say, if it bears the signatures of ^
majority of the persons acting in fact as trustees of a district, under color of an



30 Supervisors' Manual.

election, in favor of a person whom it states to be a duly qualified teacher, em-
ployed by them in the district during the year in which it is drawn, and in pay-
ment of his wages as such teacher, it is a sufiBcient voucher for the supervisor,
and it is not for him to inquire whether the trustees have exceeded their authority
or acted improperly in drawing the order. If presented by any other person than
the teacher in whose favor it is drawn, it should bear his written indorsement or
order for payment to a specified person.

Code of Public Instruction, p, 179.

§ 39. Form of Account.— The following form is iu use
in many towns and will be sufficient for general purposes :

Thomas J. Lewis, Supbktisor, in account with the town of Trentou.

Poor Fond.
1885. Dr. Cr.

March 19. To amount received from L. G. W., late supervisor, $546 93

May 4. To cash from H. H., excise commissioner 390 00

June 1. To cash from H. H., excise commissioner 27 50

To cash transferred from dog fund 33 50

$987 93



Contra.

1885.

March 37. By cash paid H. B., overseer of poor, voucher No. 1, $75 00

April 31. By cash paid R. W., overseer of poor, voucher No. 3, 30 00

Sept. 11. By cash paid H. B., overseer of poor, voucher No. 3, 75 00

30. By cash paidR. W., overseer of poor, voucher No. 4, 40 00

Oct. 29. By cash paid H. B., overseer of poor, voucher No. 5, 50 00

1886.

Feb. 15. By cash paid R. W., overseer of poor, voucher No. 6, 30 00

By balance on hand , 687 93



$987 93 $987 93



March 1. To balance on hand $687 93



Local School Fund.

1885. Dr. Or.
Feb. 32. To amount of said fund received of L. Q. W., late

supervisor $353 OO

To interest thereon one year 31 18

$374 18

1886. Contra.

Feb. 33. By paid school district No. 1 (voucher No. 8) $5 00

By paid school district No. 3 (voucher No. 9) 15 00

By paid school district No. 3 (voucher No. 10) 1 18

By balance on hand invested in a mortgage dated
February 1, 1885, made by J. D. and wife on real

estate in said town for 353 qq

$374 18 $374 18
To balance $353 00 ^^^^^^



The Supbkvisob. 31

Dog Fund.

1885. Dr. Cr.

Mar. 9. To cash from L. G. W., late supervisor $80 00

1886.

Feb, 20. To cash from W. M., collector 85 00

$165 00

1885. CONTKA.

Nov. 5. By cash paid H. M. (voucher No. 74) $23 75

Nov. 5. By cash paid C. W. (voucher No. 75) .... 25 00

Nov. 5. By cash paid J. B. J. (voucher No. 76) 3 00

Nov. 5. By cash paid E. O. (voucher No. 73) 5 75

1886.

Feb. 23. By cash paid poor fund 23 50

By balance on hand 85 05

$165 00 $165 00

1886. ^^^^ ^^^^^
Mar. 1. To balance on hand $85 05

And so on ■with each fund.

The account book pertaining to school moneys contains two classes
of accounts, viz.:

1st. The general account.

2d. The account with each school district in town, and is in the
following form:

(Under the first head, viz.:)



32



SuPBRVisoKs' Manual.



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This also, with the proper vouchers, is laid before the town auditors.
Within fifteen days after his term of office expires he must file a copy of
the last two accounts with the town clerk and notify his successor thereof.



The Stjpeevisoe.



33



On the accounting before the town auditors the supervisor will need,

1st. The account books.

2d. A transcript or copy of his account upon said books, to be filed with the
town clerk after the account has been audited. (This is sometimes put into
the form of a report by the supervisor and read at town meeting.)

3d. The vouchers showing his disbursements to be filed with the town clerk.
It would be more convenient on an accounting to number each voucher con-
secutively, and to note on each item of disbursement in the account the number
of the corresponding voucher. After his account has been audited the auditors
enter a certificate thereof in the books and also upon the copy to be filed.

§ 40. Certificate by ToTrn Auditors as to Ac-
count of Supervisor.

Town of Florence, ss.:

We, the undersigned, board of town auditors in and for said town, do hereby
certify that we have this day examined the foregoing account of Humphrey
Courtney, supervisor of said town, and the vouchors accompanying the same,
and do find the same true and correct in all respects, and that the following is
a statement of his account with said town, to- wit:





Receipts.


Disbursements


On hand.


Poor fund


$987 93

165 05

2,020 78

374 18


$300 00

8a 00

3,030 78

21 18


$687 93
85 05








Local school fund


353 00








$3,547 94


$2,421 96


, $1,125 98



Leaving a balance on hand belonging to said town of $1,135.98.
Dated March 6, 1886.

A. B.,
C. D.,
E. F.,

Justices of the Peace.
G. H.,
Town Clekk.
1 R. S. 82r.

See post, Auditing of Accounts.



§ 41. Wlien to Account. — On Tuesday preceding the
annual town meeting he shall account with the justices of the peace
and town clerk of the town for the disbursement of aU moneys
received by him.

Id. 826.

The account should be verified. No account shall be audited

by any board of town auditors, or supervisors, or superintendents

of the poor, for any services or disbursements, unless such account

shall be made out in items and accompanied with an affidavit at-

5



34 Supervisors' Man-ual.

taclied to, and to be filed with, such account, made by the person
presenting or claiming the same, that the items of such account
are correct, and that the disbursements and services charged
therein have been in fact made or rendered, or necessary to be
made or rendered at that session of the board, and stating that
no part thereof has been paid or satisfied ; and the chairman of
such board, or either of said superintendents, is hereby authorized
to administer any oath required under this section.

§ 24, chap. 180, Laws o£ 1845, as amended in 1847 ; 1 R. S. 845.

§42. Bonds of otlier ToTrn Officers. — The follow-
ing officers are required to give bonds for the proper performance
of their duties :

1. Highway commissioners.

2. Collector.

3. Constables.

4. Justices of the peace.

5. Excise commissioners.

6. Overseers of the poor.

7. Kailroad commissioners.

8. Officers issuing bonds to retire or pay town debts.

See g 59, chap. 816, Laws of 1886. See post. Bonds by Guaranty Companies.

And the supervisor should see that the bonds are given, that they
are correct in form, properly executed and acknowledged, that the
sureties justify and are of sufficient means to answer for any defi-
ciency in the officer's accounts or duties, and he should approve
and file them as required by law. The law pertaining thereto is as
follows :

§ 43. Commissioners of Hig-ll-w-ays.— Every com-
missioner of highways hereafter to be elected or appointed shall,
before entering upon his duties, and witlun ten days after notice of
his election or appointment, execute to the supervisor of his town a
bond, with two sureties, to be approved by the supervisor by an in-
dorsement thereon, and filed with him, in the penal sum of $1,000,
conditioned that he will faithfully discharge his duties as such com-
missioner, and, within ten days after the expiration of his term of
office, pay over to his successor what money may be remaining in
his hands as such commissioner, and render to such successor a true
account of all moneys received and paid out by him as such com-
missioner.

IR. S. 844, 8 3.



The Supekvisoe. 35

§ 44, ColleCtOX*. — Every person chosen or appointed to the
office of collector, before he enters on the duties of his office, and
within eight days after he receives notice of the amount of the taxes
to be collected by him, shall execute to the supervisor of the town,
and lodge with him a bond, with one or more sureties, to be ap-
proved of by such supervisor, in double the amount of such taxes,
conditioned for the faithful execution of his duties as collector.

Id. 818, § 19.

The collector must have actual notice of tlie amount of taxes to be collected.
62 N. Y. 374.

He is not bound to take notice of tlie proceedings fixing the amount of the tax.
Id.

Although the collector must qualify, by taking and subscribing the oath of
office, no time is prescribed for taking such oath, and if taken at any time before
the office is forfeited by reason of the neglect to give the bond, as required by
statute, it is sufficient.

Id.

§ 45. Constaible. — Every person chosen or appointed to the
office of constable, before lie enters on the duties of his office, and
within eight daiys after he shall be notified of his election or ap-
poiutment, shall take and subscribe the oath of office provided by
the Constitution, and shall execute in the presence of the supervisor
or town clerk of the town, with at least two sufficient sureties, to
be approved of by such supervisor or town clerk, an instrument in
writing, by which such constable and his sureties shall jointly and
severally agree to pay to each and every person who may be entitled



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 4 of 96)