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 45 of 96)
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After the first day of January, one thousand eight hundred and eighty-
six, the salary of each stenographer in the third and sixth judicial
districts, appointed pursuant to section two hundred and fifty-eight
shall be payable by the comptroller of the State, in equal quarterly
payments, upon a certificate of a justice of the supreme court of the
Tudicial district in and for whicli the stenographer was appointed.
To provide the means to pay said salaries, the comptroller of the State
shall, on or before the first day of November, one thousand eight
hundred and eighty-five, and in each year thereafter, fix and transmit
to the clerk of each board of supervisors a statement of the sum to be
raised by the board of supervisors of each of the counties within said
district in accordance with the amount of real and personal property
in each of said counties, as shown by the last annual assessment-roll
therein. After the first day of January, one thousand eight hundred



408 SuPEBVisoBs' Maitoal.

and ninety, the salary of each stenographer in the fifth judicial dis-
trict, appointed pursuant to section two hundred and fifty-eight, shall
be paid by the Comptroller of the State in equal quarterly payments,
upon a certificate of a justice of the supreme court of the judicial dis-
trict in and for which the stenographer was appointed. To provide
the means to pay said salaries the comptroller of the State shall, on
or before the first day of November, one thousand eight hundred and
eighty-nine, and each year thereafter, fix and transmit to the clerk of
each board of supervisors a statement of the sum to be raised by the
board of supervisors of each of the counties within said district, in
accordance with the amount of taxable real and personal property in
each of said -counties, as shown by the last assessment-roll therein.
Said board of supervisors must annually levy and cause to be coUeoted
as a county charge the sum fixed by the comptroller, and paid over
to the county treasurer of each county, who shall pay over the sum
so collected to the comptroller of the State, for the payment of said
salaries.

Code Civ. Pro., § 259, as amended by chap. 499, Laws of 1889.

In the fourth judicial district the stenographers reporting special
terms therein receive a salary of not exceeding $750 therefor, also
necessary expenses for traveling and stationery, payable by the comp-
troller, who on November 1 of each year transmits a statement
thereof to the boards of supervisors therein, to be levied and col-
lected as a county charge.

Laws of 1886, chap. 401.

In the eighth judicial district the salary is $2,000 each.

Chap. 215, Laws of 1883, § 1.

In Erie county, the surrogate may appoint and at pleasure remove
a stenographer, at a salary to be fixed by the surrogate, not exceed-
ing $900 a year, to be paid as the salary of the clerk of said surro-
gate's court is paid.

Chap. 482, Laws of 1880.

In Albany county the surrogate is authorized to appoint and at
pleasure to remove a stenographer at a salary not exceeding $1,200,
who is also to perform clerical duties in said court, as the surrogate
may direct. The provisions of the Code of Civil Procedure, appli-
cable to stenographers, shall apply to such stenographers, except
when they conflict with the provisions of this act.

Chap. 232, Laws of 1888.

In Kings county, the salary of the supreme court stenographer is
$5,000, and is a county charge. There shall be no other compensa-
tion allowed to him or his assistants as a county charge.

Chap. 659, Laws of 1881.



AuDiTiifG OF Accounts. 409

And a phonographic reporter for the city court of Brooklyn, sal-
ary $2,090, may be appointed; a county charge.

§6, chap. 170, Laws of 1865, as amended by chap. 796, Laws of 1867.

In Westchester county, a stenographer may be appointed by a
justice of the supreme court holding a special term therein, who
shall fix his compensation. The same is a county charge

Chap. 191, Laws of 1877.

The county judge of any county, upon the recommendation of
the district attorney, may appoint a stenographer to take the testi-
mony given before grand juries in said county ; excepting in New
York and Erie counties where the district attorney appoints; and
providing further, that in all counties not having a population of
75,000, as shown by the State or Federal census next preceding such
appointment, the county judge shall only appoint such stenographer
upon a favorable vote of the board of supervisors.

§1, chap. 348, Laws of 1885, as amended by Laws of 1886, chap. 131.

He must be a citizen and resident of the county in which he is
appointed.
Id., § 2.

C011ipeiisa<ti011 of. — Each stenographer appointed as afore-
said shall receive such compensation for services rendered while en-
gaged in taking testimony before a grand jury, as shall be deter-
mined by the board of supervisors of the county in which he is ap-
pointed, except that in Mew York county it shall be fixed by the
board of estimate and apportionment; and in addition thereto, he shall
be entitled to and allowed for a copy of testimony furnished the
district attorney, the same rate per folio as is now allowed to stenog-
raphers of the county courts or court of common pleas, in their re-
spective counties. Such compensation shall be a county charge and
shall be paid by the county treasurer upon the affidavit of such ste-
nographer and the certificate of the district attorney specifying the
number of days' actual service, and the number of folios of copy
furnished.

Id., § 7.

§ 503. Stenog-raplier for County Court and
Court of Sessions. — By section 358 of the Code of Civil
Procedure, as amended by Laws of 1883, chapter 403, the board of
eupervisors of any county except Kings, Livingston, Monroe, Cort-
land, Oswego, Westchester and Onondaga, may, in their discretion,
provide for the employment of a stenographer for the county court
and court of sessions thereof, and when said board of supervisors
shall so provide, the stenographer shall be appointed by the presid-
ing judge of said courts, and said board of supervisors must fix his
52



410 SuPEBVisoEs' Manual.

compensation and provide for the payment thereof in the same man-
ner as other county expenses are paid.

It is the duty of the cleric of any court by which a criminal shall be
sentenced to the Elmira Reformatory to furnish to the oflScer having
such criminal in charge a record containing a copy of the indict-
ment, and of the plea, the names and residences of the justices
presiding at the trial, also the jurors and of the witnesses sworn
on the trial, a full copy of the testimony and of the charge
of the court, the verdict, the sentence pronounced, and the date
thereof, which record, duly certified by the clerk, under his hand
and official seal, may be used as evidence against such criminal
in any proceeding taken by him for a release from imprisonment by
habeas corpus or otherwise. A copy of the testimony taken on the
trial and of the charge of the court, shall be furnished to the clerk
for the purposes of this act, by the stenographer acting upon the
trial, or if no stenographer be present, by the district attorney of
the county ; but the court may direct the district attorney to make
a summary of such testimony, which summary may, after approval
and by direction of the court, be made a part of the record herein
provided for ; and if the court so directs, a copy of the testimony
need not be made and may be omitted from such record. The ste-
nographer or district attorney furnishing such copy or summary,
and the county clerk, shall be entitled to such compensation in each
case in which they shall perform the duties required by this act, as
shall be certified to be just by the judge presiding at the trial, and
shall be paid by the county in which the trial is had, as part of the
court expenses.

Laws 1887, chap. 711, S "J-

The judge holding or presiding at a term of the county court or
cowt of sessions in either of the counties of Livingston, Niagara,
Monroe, Onondaga, Erie, Oswego or Cortland, where issues of fact
are triable, may employ a stenographer to take stenographic notes
upon trials thereat, who is entitled to a compensation to be certified
by the judge, not exceeding $10 for each day's attendance, at the
request of the judge. The stenographer's compensation is a charge
upon the county, and in the counties of Livingston and Onondaga
must be audited, allowed and paid as other county charges ; and m
the counties of Monroe, Niagara, Erie, Oswego and Cortland, must
be paid hy the county treasurer, on an order of the court, granted
on the affidavit of the stenographer, and the certificate of the judge
that the services were rendered.

Code Civ. Proc, § 361, as amended by Laws 1888, chap. 499.

§ 504. Costs. — In an action or special proceeding, brought in
the name of the people, to recover money or property, or to estab-
lish a right or claim for the benefit of a county, if costs be awarded
defendant they are a county charge.

Laws of 1832, chap. 246; 3 R. S. 2463 ; Code Civ. Proc, % 8248.
See Decisions, § 458; " Judgments," etc.; post, §§ 509-513.



AuDiTiKG OF Accounts. 411

Costs and expenses of trying an indictment for crime or misde-
meanor, where the trial has been removed to another county, in con-
sequence of any inability to obtain an unprejudiced or impartial jury,
are a county charge upon the county from which such removal was
had.

Laws of 1853, chap. 195; 3 R. S. 2584.

But where a convict in either of the State prisons or New York
State Keformatory shall be indicted and tried for any offense com-
mitted by him, during the time of his imprisonment therein, the
expenses of such trial, and in case of conviction of murder in the
first degree, the expenses of executing the judgment or sentence of
the court are a State charge.

Laws of ^882, chap. 389.
See ante, "Game Laws," § 497.

§ 505. Contingent Cbargres.—Whenever services have
been rendered which are beneficial to a county, and no specific com-
pensation has been provided by law, they may be deemed contingent
charges, of the allowance of which the supervisors are the best judges
unless the legislature itself provides for them.

People V. Hawes, 34 Barb. 69 ; 21 How. 1V8 ; People v. Albany, 15 id. 225 ; Brady v.
New York, 2 Sandf. 460 ; Bright t. Chenango, 18 Johns. 242.

But, where it appears to have been the intention of the legislature
that no compensation should be made, the board cannot allow any.

Mallory v. Cortland, 2 Cow. 531.

The board of supervisors cannot lawfully engage a county in, or bind it to the
payment of the expenses of a litigation by an individual to establish his right to
an office, and the audit and payment thereof are unlawful.
Supervisors v. Ellis, 59 il. Y. 620. ^

§ 506. Torts.

See ante, " Torts," § 435, and Decisions.

Services in criminal cases, for which no compensation is specially
provided by law, may be audited at such sum as the board of super-
visors shall allow.

3 E. S. 2578, § 4.

§ 507. Court-Rooms and Otlier County Prop-
erty, Attendants, etc. — The necessary expense incurred
in keeping in repair and in a condition for use the court-rooms which
the county is required to provide, or the property of the county, is
a county charge.

People V. Stout, 23 Barb. 849; 4 Abb. 22; 13 How. 314.



412 SupBRVisoKs' Manual.

This includes the expenses for court-rooms, convenient furniture,
attendants, lights, fuel, and stationery. If the supervisors neglect
60 to do, the court may order the sheriff to make the requisite pro-
vision ; and the expense incurred by him in carrying the order into
effect, when certified by the court, is a county charge.

Code of Civil Procedure, § 31.

The expense of providing the surrogates^ courts with room, fuel,
lights, and stationery is a county charge.

Id.

If the supervisors have provided a proper office and furniture for
the surrogates' office, they cannot be compelled to pay for any other.

People, ex rel. Westbrook, v. Supervisors, 34 Hun, 699.

Jails are included.

2 R. S. 927.

In Eiie county, the clerk of the superior court is entitled to a
salary of $2,500, to be paid by the county of Erie.

§ 6, chap. 96, Laws 1854, as amended by chap. 219, Laws 1888.

The board of supervisors are to provide suitable places for holding
terms of said court ; a county charge.

Id., § 30.

The salary of the deputy clerk is $1,.500, to be paid quarterly by
the county of Erie.

§ 1, chap. 232, Laws 1874; as amended by chap. 219, Laws 1883.

and one of the special deputy clerks, if two be appointed, a salary of
$800, to be paid quarterly by Erie county.

Id., §2.

The sheriflE of Erie is^not required to attend or to designate any
officers to attend the special terms of the supreme court in Erie
county, unless requested by the justice presiding, but the justices of
said court of the eighth judicial district may appoint an officer to
attend the special terms and at justices' chambers. His salary is $1,000
per year, to be paid in equal monthly payments by the county treas-
urer.

Chap. 242, Laws 1888.

§ 508. Jail Furniture, necessary for a jail, is a county
charge.

Schenck t. Mayor, 67 W. T. 44.

§ 509. Counsel. — Services rendered as counsel for the board
of supervisors are a county charge.

Gillespie T. Broas, 23 Barb. 871.



Auditing of Accounts. 413

§ 5 10. Counsel, to assist district attorney in an important
criminal action, or in a special case when approved by the county
judge, in writing, are a county charge ;

Laws of 1882, chap. 196 ; Laws of 18M, chap. 323 ; 2 R. S. 972.

or counsel designated or appointed by the governor or attorney-gen-
eral, at the request of the district attorney to assist him on such trials,
the cost and expenses therefor, certified by the judge presiding at
such trial, are a county charge UDon the county in which the indict-
ment was found.
Id.
§511. Counsel assigned by the court to defend a prisoner
on the trial of an indictment, his services are not a county charge.

People, ex rel. Brown, v. Supervisors of Onondaga Co., 3 How. (N. S.) 1 ; People
ex. rel. Ransom, t. Supervisors, 78 N. Y. 622, and oases cited. '

§ 512. Counsel employed by the superintendent of the poor
in bastardy proceedings are a county charge.

Neary v. Robinson, 98 N. T. 81.

Counsel employed by the county commissioners of excise are a
county charge.

People T. Supervisors, 45 N. Y. 196.

Counsel employed by the district attorney or attorney-general, to
prosecute charges against a public officer before the governor, are
county charges.

People, ex. rel. Bemus, v. Supervisors, 39 Hun, 442.

The board has power, when a claim is presented to it, under the
law relating to removal of county officers, to examine the items
thereof and determine whether or not such costs and expenses were
reasonable, and whether or not they were necessarily and properly
incurred, and as to these matters the court will not control the dis-
cretion of the board by mandamus.

People, ex rel. Benedict, v. Supervisors, 24 Hun, 413.

§ 513. Excise Commissioners.— The compeusation
of excise commissioners at $3 per day while in session, and the ex-
penses of procuring necessary books for minutes and necessary^lanks,
when actually incurred, are a county charge in counties where the
support of the poor is a county charge ;

Laws of 1874, chap. 444, § 1, as amended by Laws of 1886, chap. 459; 3 R. S. 1990.

in other counties, a town charge.
Id.



414 Sdpervisobs' Manual.

§ 514. Coroners.— All items of coroner's compensation are
county charge, to be audited and allowed by the supervisors.

Lawaof 1873, chap. 833; 3R. S. 2587.
But see " Fees of Coroners," last chapter.

Before auditing and allowing the account of a coroner, the board
of supervisors must require from him a statement in writing of any
money or other property found upon persons on whom inquests have
been held by him, verified by his oath, to the effect that the state-
ment is true, and that the money or property mentioned in it has
been delivered to the legal representatives of the deceased, or to the
county treasurer.

Code Crim. Pro., § 788.

Many counties have special laws giving fixed salaries, prohibiting
other fees, etc.

§ 515. PliysiciaiUS. — Services of a physician, rendered by
order of the district attorney in making a chemical examination or
analysis in aid of an inquiry into a case of alleged poisoning, are a
county charge.

People, ex rel. Sherman, t. Superriaors, 30 How. 178.

If a coroner employs two competent physicians to make a post-
mortem examination and dissections, and to testify to the same, the
compensation therefor is a county charge.

Laws of 1873, chap. 833; 8 R. S. 2586.

Dissection, Post-Mortem Examination, etc.—

The right to dissect the dead body of a human being exists in the
following cases:

1. In the cases prescribed by special statutes.

2. Whenever a coroner is authorized by law to hold an inquest
upon a body, so far as such coroner authorizes dissection for the
purposes of the inquest, and no further.

3. Whenever and so far as the husband, wife or next of kin of
the deceased, being charged by law with the duty of burial, may
authorize dissection for tiie purpose of ascertaining the cause of
death, and no further.

4. W'iienever any district attorney in this State, in the discharge
of his ofiBcial duties, shall deem it necessary, he may exhume, take
possession of, and remove the body of a deceased person, or any
portion thereof, and submit the same to a proper physical or chemi-
cal examination, or analysis, to ascertain the cause of death, and the
same shall be made on the order of any justice of the supreme court
of this State, or the county judge of the county in which such dead
body shall be, which order shall be made on the application of the



Auditing of Accounts. 415

district attorney, witli or without notice to the relatives of the de-
ceased person or to any person or corporation having the legal charge
of such body, asthe court may direct. Said district attorney shall
have power to direct the sheriff, constable or other peace officer in
this State, or to employ such person or persons as he may deem
necessary to assist him in exhuming, removing, obtaining possession
of and examining physically or chemically such dead body or any
portion thereof. The expense therefor shall be a county charge, to
be paid by the county treasurer on. the certificate of the district
attorney.

Penal Code, § 308, as amended by chap. 500, Laws 1889.

Jail Pliy Siciaill. — The board of supervisors of each county,
except New York, must appoint some reputable physician, duly au-
thorized to practice medicine, as the physician to the jail of the
county. If there is more than one jail they must appoint a physi-
cian to each. The common council of the city of New Tork must
appoint a similar physician, to the jail of that city and county. The
physician to a jail holds his office at the pleasure of the board which
appointed him, except in the county of Kings. In that county, the
term of his office is three years.

§126, CodeCiT. Proc.

For services of health offic&r, in relation to adulterated wines, and county
charges in connection therewith, see § 1, chap. 603, Laws of 1887, set out in
full, ante, % 163.

§ 516. Coroner's Jurors. — Fees of, are county charge.

Laws of 18?3, chap. 833; 3 R. S. 2587.

See "Pees of Coroners," and exemptions of certain counties therewith, in last
chapter.

Not to exceed $1 per day.

Id.

But the coroner holding such inquest and summoning said jurors
shall make report to the next succeeding board of supervisors after
every such inquest of the names of such jurors, and the term of
service of each, and upon what inquest rendered, on or before the
third day of the annual session in each year.
Id., §4.

§517« Jurors. — ^Expense of grand and petit jurors are a
county charge not exceeding per day $2 and mileage

Code of Civ. Pro., §3314.
See " Fees of Jurors," last chapter.



416 SuPEEVisoKs' Manual.

If trial jury serve more thau thirty days in a trial, court may
order extra compensation.

Id., § 3315.

§ 518. Jurors. — Expense of food for, during trial, is a county
charge.

Id., i 8315.

Justices of Sessions.

See " Fees of Justices of Session^" last chapter.

§ 519. Lunatics.— When county charge.
See post, " Lunatics, Insane," §§ 732-733.

§ 520. Idiots, Deaf-Mutes and Blind.— When a

county charge.
See post, "Idiots," § 734, "BUnd," § 107, "Deaf-Mutes," § 105.

§ 521. Orplian Asylums.

See post, "Orphans," § 719.

§ 522. Militia — Armories, etc.— What expenses are
county charge.
See post, " Military," §§ 603-608.

§ 523. Moneys Necessarily Expended.— A

county is not relieved from liability for money expended by a
county officer in executing his official duties, by the fact that such
duties are imposed by special laws, and that no pecuniary benefit
inures to the respective counties from their execution.

People T. Supervisors of New York, 32 N. Y. 473.

Moneys are " necessarily expended " within the meaning of sub-
division nine of section three of the statute above cited, when the
expenditures are not only needful and proper as contradistinguished
from such as are needless and improvident, but also reasonable, ap-
propriate and customary in the execution of the particular official
duty. Expenditures properly incurred by a district attorney in prose-
cutions for penalties are vnthin the protection of the statute.

Id.

The fact that there are no funds in the county treasurer's hands to
meet expenses necessarily incurred by a county officer is no reason
why the board of supervisors should not audit such an account, though
it might necessarily delay the payment. They may be compelled to
do so by mandamus.

Hasbrouck v. Superrisora of New York, 22 How. 71.



Auditing of Accounts. 417

District attorneys are county officers, and money necessarily ex-
pended by thein in the discharge of their official duties, in the ab-
sence of provisions for specific compensation, are chargeable to the
county.

Id.

A district attorney who bas paid sheriff's fees which had been
necessarily incurred by his predecessor in the execution of his official
duties, may by momdarrms compel the supervisors to allow the sum
paid in his account.

People, exrel. Hall, t. Supervisors, 32 N. Y. 4V3.

A mamdamus will not lie to compel the supervisors to audit a
claim of the district attorney for services and expenses in proceed-
ings for apprehending and extraditing a criminal who has fled to
Canada, even though the expenses were incurred before the granting
of the requisition by the governor. Such claim is illegal by section
51, Penal Code.

Gardenier t. Supervisors, 17 N. Y. State Rep. 983.

As the supervisors are authorized to commence suit, although they
misjudge in regard to the merits of their cause of action in a par-
ticular case, the fair charges of the attorneys and counsel employed
by them are a legal demand against the county.

Gillespie v. Broas, 23 Barb. 370.

See ante, §§ 504, 505, 507, 508, 509-512, 515, " County Treasurer," post, and
" Bailroad Aid Bonds."

For Roads and Bridg'es, see chap. XIV.

§ 524. Referee's Fees. — The referees appointed to assess
damages for laying out a highway at $2 per day are a county charge
when the determination of the highway commissioners is reversed.

1 K. S. 849, § 9.
See Roads and Bridges, chap. XIV.

§ 525. Superintendent of the Poor, and Sub-
ordinate Officers. — Such boards of supervisors shall have
the power, and it shall be their duty, to audit the accounts of the
superintendents of the poor of the county, and to examine the ac-
counts of subordinate county officers.

Laws of 1869, chap. 855.

Section 1. The boards of supervisors of the several counties of this State are
hereby authorized to make such regulations and requirements concerning the
keeping of poor accounts, and disbursements by overseers of the poor, and their
report to town auditors, and also, concerning the keeping of poor accounts and
disbursements and the manner of auditing bills presented to them and their report

53



418 SUPEEVISOES' MAlfUAL.

to the board of supervisors by county superintendents of the poor, as the efficiency
of the service and the protection of the interests of the public may require, all
such rules, regulations and amendments thereto, to be adopted by such boards of
supervisors at a regular session of the board.

Laws of 1886, chap. 355.



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 45 of 96)