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 46 of 96)
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This act does not apply to Eichmond county.

Sec Neary v. Robinson, 98 N. Y. 81.

§ 536. Account and Report of Superintend-
ent of the Poor.

To THE HONOHABLE THE BOAHD OF SUPERVISOKS OF THE COUNTY OF ONBIDA:

The undersigned herewith submits his annual report of the expenditures and
cost of maintaining the indigent poor under his charge, custody and control for
the year ending October 31, 188S.

DEBITS.

FOK BUBSISTENCB.

Groceries $6,576 89

Flour 4,319 16

Meats 9,695 30

Butter and cheese 743 44

Vegetables 757 50

Meal 809 50



$22,901 29



CLOTHING.

Dry goods $3,244 69

Men's clothing 1 , 228 75

Hats and caps 73 10

Boots and shoes 592 50



HOOSE FUKNISHING.

Crockery $582 24

Miscellaneous house utensils 322 39



CONTINGENCIBS.

Hardware $483 24

Medicines 863 85

Coal 4,997 89

Miscellaneous 55 90

Beef packing barrels 286 50

Soap and soap stock 274 32

Transporting State pauper to New York 18 00



FABM.

Utensils $277 88

Blacksmithing 259 57

Wagons, sleighs and repairing 282 45

Sundries 197 52

Phosphate and manure 331 08



$5,189 04



904 63



6,929 70



1,848 60



AuDiTiifG OF Accounts. 419

LIVE STOCK.

Cattle $1,547 60

Oxen and horses 607 50

Hay 263 73

Straw 877 38

Feed 3,727 25

Sheep and lambs 433 00

Poultry 163 89

6,631 54

Transportation of paupers 459 23



SAIiABIBS.

Physician |800 00

Attendants . . . . ~. 7,449 03

'■ 8,249 03

CASH.

Transferring patients to TJtica, Syracuse, Newark and

AmityviUe $108 85

Postage 40 20

Telephone , 55 50

Sundries 33 50

Freight 99 86

321 91

Total $53,874 88

Amount of appropriation by last boara $15,000 00

Amount received and due from pay patients 4,097 44

Amount received and due from State board of charities. . . 4,535 70

$33,633 14

SALES PROM PAEM.

Hides $764 45

Tallow 140 96

Sundries 230 70

Cash on hand 320 00

1,356 11

Balance deficiency to be provided for 37,885 61

Total $53,874 86

Amount received from State board of charities and paid over to the

county treasurer $4,585 70

Whole amount of deficiency to be provided for $33,431 31



CASH.

Sundry receipts. . . $4,301 85

Transferring patients to tJtica, Syracuse, Newark and

AmityviUe $103 86

Postage 40 20

Telephone 55 50

Freight and express 99 86

Sundries 32 50

Paid county treasurer 3,759 94

Cash on hand 330 00

4,301 85



430



SuPEKVisoRs' Manual.



STATISTICS.

Number on hand November last 483

Received during the current year 476

Number born 10



Number discharged during the current year 378

Number died 69

Number bound out 10

Number absconded 10

Number remaining November 1, 1885 502



969



Average cost per week, $1.46 9-16. Number weeks' board, 29,239.



Number in county house 151 males, 91 females. .

Number in asylum 100 males, 160 females.



343
360



Total.



503



Names of State paupers on hand October 81, 1885: James Blanchard, Mary E.
Kelsey, and so on. Total, 46.

Names of incurable insane whose maintenance is partially or wholly contributed
by their friends: Martha Braman, and so on. Total, 31.

Articles of clothing and bedding manufactured at the Oneida county alms-
house during the current year ending October 31, 1885: 1,218 chemises, 180 waists,
and so on.

PRODUCTS OF PAEM DTTRING THE CUBKENT TEAK.



6,478 lbs. butter, 22o

180 tons hay, $12

5 tons straw, $7

40 tons corn fodder

1,225 bush, potatoes, 40o. . . .

150 bush, onions, 60c

50 bush, cucumbers, $1.20, .

100 bush, tomatoes, 35c

50 bush, apples, 60c

780 bush, carrots, 35c

1,235 bush, beets, 50c

750 bush, sweet turnips, 40c.
300 bush, flat turnips, 25c. . .

150 bush, peas, 50c

250 bush, oats, 40c

20 bush, beans, $1.50

240 bush, corn, 80c

125 bush, sweet corn, 65c...



$1,425 16


2,160 00


35 00


240 00


490 00


90 00


75 00


35 00


30 00


273 00


612 50


300 00


75 00


75 00


100 00


30 00


193 00


81 25



13,500 heads cabbage, 3c .

175 quarts stravberries, lOo.

280 quarts currants, 10c

Summer squash

8 load pumpkins, $1

650 summer Hubbard squash,

3c

Pie plant

9,265 lbs. beef, 2c

10,773 lbs. pork, 6c

1,350 lbs. veal, 6c

Turkeys, chickens and eggs,

Pigs

28,500 quarts milk, 2o

85,000 quarts skim milk, -^c. .



$375 00


17 50


28 00


5 00


3 00


19 50


15 00


185 30


646 38


81 00


225 00


80 00


570 00


435 00



$8,984 59



Stock on Hand — 8 horses, 2 bulls, 9 heifers, 3 calves, 62 cows, 1 yoke oxen,
75 pigs, 77 hogs.

Compensated Services — Physician, $800; book-keeper, $480; engineer, $480;
baker, $300; attendants, $6,189.03; total, $8,249.03.

All of which is respectfully submitted,

THEO. S. COMSTOCK,

Superintendent of the Poor.

The vouchers accompanying this report, properly verified, numbered, folded
and indorsed, should be presented with the books.



AuDiTiHG OF Accounts. 431

§ 527. Supervisors' Accounts — The accounts of the
members of the board of supervisors shall be made out in items,
and verified as before provided.

Laws of 1845, chap. 180, § 22; 1 R. S. 845.

County op Oneida;

To Dr.

SnPERVISOB OF THE TOWN OF

188 .

20. To annual salary as supervisor a

To making one copy assessment roll, .'. . .written "lines". ". ". ".
To mileage to and from session once, miles at 8c



$



Oneida County, ««..•

, being duly sworn, says that the items of the foregoing ac-
count are correct; and that the disbursements and services charged therein have
been in fact made or rendered, or are necessary to be made and rendered at the
current session; and that no part thereof has been paid or satisfied.

Sworn before me, December ,188 .

In those counties where the compensation of members of the board is not a
fixed salary therefor, the bill should be made per diem and the amount is at the
rate of " f 3 for each full day of twenty-four hours."

§ 528. TaiXes. — The notices of unredeemed lands sold and
advertised bj the comptroller are a county charge.

2 R. S. 1028, S 61.

Maps required by the comptroller preparatory to a sale of lands
for taxes are a county charge.

2 R. S. 1025, t 48.

Copies of act relating to taxation transmitted to the county treas-
urer by the comptroller, shall be distributed by the treasurer as fol-
lows:

Five copies to each town clerk.

One copy to each assessor and collector.

The expense of distributing is a county charge.

2 B. S. 1050, § 14.



423 Sttpervisoes' Manttal.

§ 529. Form of General Account, Against
County.

The Cocnty op Oneida:

EOMK, September 30, 1885.

To Jones & Howeb. Dr.

1885.

Feb. 21, 1207 lbs. broken rice, at 6 cents $72 43

May 18, 2400 lbs. Imported beans, 40 bushels, $2.15 86 00

June 10, 200 lbs. cod, at 6 cents 12 00

3 boxes whole cod, 900 lbs., at 6 cents 54 00

$224 42
{Add verification.)

§ 530. Accounts of Justices of the Peace.

§ 6. The bills rendered by justices of the peace for services
in criminal proceedings shall, in all cases, contain the name and resi-
dence of the complainant, the oifense charged, the action of the
I'ustice on such complaint, the constable or officer to whom any war-
rant on such complaint was delivered, and whether the person charged
was or was not arrested, and whether an examination was waived or
had and witnesses sworn thereon j and the account shall also show
the final action of the justice in the premises. At any time within
fifteen days after the board of town auditors of any town shall have
filed with the town clerk thereof, the certificate of accounts audited,
as required by law, any tax payer of said town may appeal from the
action of said board of town auditors, in auditing the account of any
justice of the peace, to the board of supervisors of the county.
Shall appeal shall be made by serving notice thereof in writing on
the town clerk of the town, and on the clerk of the board of super-
visors, within the time above limited. The said supervisors shall
thereupon audit the accounts of such justice of the peace, and their
decision in the auditing and allowing of said accounts shall be
final.

Laws of 1869, chap. S55, g 6, as amended by Laws of 187.1, chap. 274.

The Accounts of Justices and Constables in
these cases are audited as foUo-ws ;

§ 531. 1. To-^n Charges are to be Audited by

the Tovrn Board.— Any taxpayer or the justice or consta-
ble may appeal to the board of supervisors, who then, and not till
then, have power to audit them.



Auditing of Accounts. 433

§ 532. 3. County Charges Therein are Au-
dited by tlie County Board.— The rules for distinguish-
ing what are town and county charges are as follows :

first. In all criminal cases, except felonies, the town wherein the
ofiense was committed is chargeable with all the expenses, when the
prisoner is tried before the justice.

Second. But if the prisoner shall be boimd over to the court of
oyer and terminer, or court of sessions, or committed to jail, to await
a trial in either of said courts, the costs of the proceedings had be-
fore the single magistrate shall be chargeable upon the towns wherein
the offense is committed, and audited by its board of town auditors,
and after the person charged shall have been so bound over or com-
mitted, the costs are chargeable to the County, and these latter only
are audited by the board of supervisors.

Third. If the offense charged is a felony, all the expenses are
county charges and audited by the board of supervisors.

Laws of 1845, chap. 180, as amended by Laws of 1847, chap. 455; 1 R. S. 846,
See law in full and Decisions, § 460, ante, and Decisions, g§ 681-3, post.

A felony is a crime which is or may be punishable by either death
or imprisonment in State prison.

Fenal Code, $ 5.

By the Code of Criminal Procedure, a justice has jurisdiction to
issue his warrant to arrest anywhere in his county, and the warrant
is returnable, and the prisoner triable, before the justice issuing the
warrant.

Code Crim. Proc, S§ 146, 147, 150, 151, 156, 158, 159.

This would entitle the officer to his fees, from the town wherein
the offense (under grade of felony) was committed, whether the jus-
tice resided there or elsewhere.

Before auditing or allowing a justice's account he should be re-
quired io present the report mentioned at section "533 A," post.

See the law at § 633, poit.



434



Supervisors' Manual.



§ 533A.



To THE Honorable the Board of Supervisors of



COUNTT:

November 1, 188 .



I, , a justice of the peace of , county of , do

hereby make my report to said board pursuant to chapter 404 of the Laws of 1868,
as amended by chapter 341, Laws of 1864.

I have not received any money on account of any fine or penalty or other mat-
ter in which said county or said town has any interest since the date of my last re-
port, filed with said board on the day of , 188 , (or since I assumed the
duties of said office), except the following;



Time when received.



Name of person from
whom received.



Amount.



On what account.



There is now due from me and remaining unpaid on account of moneys which
I am authL^rized to receive and which said county or town is interested no sums ot
money except the following:




Total



JOSTTCB OF THE PEACE.



AuDiTiifG OF Accounts. 435

AFFIDAVIT TO BE ATTACHED TO SAID REPOET.

COUNTY, )
Town of , p*-"

1 T. i • ' ^^'°S duly swom, says he is the person named in and who
makes the foregoing report; that he has therein correctly stated the time when,
the name of the person or persons from whom received; and the amount and ac-
count on which the same was received; and that he has correctly stated all sums
remaining due and unpaid on account of moneys which he has received and in
which said town (or county) is interested.

(Signed.)

Subscrihed and sworn before me, )

November . 188 . J **"'

§534.

FORM OP JUSTICE'S ACCOUNT.

The County op Onbida-

To Justice of the peace, Dr.,

who resides at town of



The People

vs.
, Defendant.



Complainant's name was

Complainant resides at town of.

OfEense charged was , ,

On the information filed I issued a



(CHmTlff the actum of justice in the matter.)

Warrant was delivered to Constable

The defendant was arrested

An examination of defendant was had

Witnesses sworn on such examination were as follows :



Defendant was •■

(Qi/eing final action of justice in the matter.)

To administering oaths, at ten cents .

To drawing an information .' 25

To taking deposition of witnesses on information

To issuing warrant of arrest 25

To indorsing warrant from county of 25

To warrant of commitment 25

To subpoena t 25

To copies of subpoena for service, at ten cents , —

To filing

To copy of folios, at five cents — —

54



426 SuPBEvisoBs' Manual.

To certificate

To drawing undertaking of bail , 25

To taking acknowledgment ,

To days' attendance in hearing or examination

To necessary adjournments

To venire 25

To swearing witnesses, at ten cents

To swearing jury 25

(And so on with each item.)



Total %

IE OF NEW YO:
Oneida County,



STATE OF NEW YORK, )



being duly sworn, says that he is the claimant

above named; that the items of such account above set forth are correct, and that
the services charged therein have been in fact made or rendered, or necessary to
be made or rendered; that no part thereof has been presented to any preceding
board of supervisors for audit, and no part thereof has been paid or satisfied; that
he has duly made his report on fines, penalties and other moneys received by him
in which said town (or county) is interested, to the board of supervisors of said
county, at their annual session in 188 , pursuant to chapter 404, Laws of 1863,
and its amendments; and that he has paid over to said town (or county) all
moneys which he is bound to pay over.

(Signed)

Sworn to before me, this da

of 18..



§ 535. Accounts of Constables.

See note to preceding section as to justices of the peace, and next section.

FORM OF CONSTABLES' ACCOUNTS.
County of Oneida :

To Constable, Dr.

Residence



The People

vs.

A. B.



Warrant issued by

Offense charged

Offense committed in town of

Defendant arrested at

Distance actually and necessarily traveled to arrest said defendant going from

to and returning. . . .miles.

To serving (insert name of precept 8ert>ed) on said defendant at

To taking said defendant into custody on mittimus

To miles traveled in going from to (Uticaor Rome jail,

as the case may be) in order to deliver said defendant.
To taking charge of jury.

To keeping prisoners days.

To notifying complainant, complainant's name was

and he resides at

^e services herein were rendered by the direction of

The said defendant was (discharged or committed or bailed as the case maybe) by
said magistrate.



AUDITIKG OF ACOOUNTS. 427

Travel fees are to be computed from the place where mandate or process is
served or executed to the place where it is returnable, unless a difEerent rate is
Bpecially prescribed by statute; where two or more mandates are served or exe-
cuted m one special proceeding, or against two or more persons in one action or
proceeding, the constable is entitled, in all, to only ten cents for each mile neces
sanly traveled.

Code of Civ. Pro., §§ 3322, 3323.

A constable, who charges any traveling fees, must show by affiOmit that the
travel was necessary to perform the service with respect to which it is charged;
that no more miles are charged for than were actually and in good faith traveled
for that purpose; that he had, at the time, no other official or private business upon
the route so traveled, and that the traveling fees are charged upon one mandate
only, which must be attached or described in the affidavit.
Id., § 3324.

The two sections above probably relate to civil cases.

Whenever a subpoena for witnesses in criminal cases or complaints, containing
one or more names, shall be served by a constable or other officer, such officer
shall be allowed for mileage only for the distance, going and returning, actually
traveled to make such service upon all the witnesses in such case of complaint,
and not separate mileage for each witness, unless the board of supervisors audit-
ing accounts for such services shall deem it equitable to make a further
allowance.

Chap. 606, Laws of 1836, § 1.

FORM OF ACCOUNT FOB SERVICE OF SUBP(ENA,



The People

vs.

A. B.



Subpoena issued by

Offense charged was

Number of names in precept

Number of persons upon whom served.



Place where each witness was served was as follows-



Knmber of miles actually traveled to make such service, going and returning,

and not separate mileage for each witness

Notifying complainant

Precept returned to

Offense was committed in town of at ,

STATE OF NEW YORK, ) .
Oneida County, f "

I (insert name of person making the affidavit), being duly sworn, do depose and
say:

That the items of the foregoing account are correct, and that said account, or
any part thereof, has not been presented by me, or by any one in my behalf, to any
preceding board of supervisors for audit; that the disbursements and services
charged therein have been in fact made or rendered, and that no part thereof has
been paid or satisfied; that the travel charged in serving the process in each of the
above-entitled cases was necessary on the process on which it was charged, and
that no more miles are charged for than were actually and in good faith traveled



428 Supervisors' Manual.

on tho execation of such process; that at the time I executed said process I had
no other private or official business on such traveled route, and that the charge for
going and returning is made only upon one process, which process is attached ot
described in this account and affidavit.

(Signed)

Sworn to before me, this day of,

188..

CD.,

JOSTICK OP THE PEACE, ONBIDA CODKTT,



1

, N. Y J



§ 536. To Publish Audits.— It shall be the duty of the
boards of supervisors in each county in this State, annually to pub-
lish in one or more public newspapers in such county, the name of
every individual who shall have had any account audited and
allowed by said board, and the amount of said claim, as allowed,
together with the amount claimed, and also their proceedings upon
the equalization of the assessment-roll.

Laws of 1339, chap. 369 ; 2JL.S. 829.

If the purpose of the above law is to benefit the tax payers, or to
protect the public from "raids" upon its treasury, it would seem
better and wiser to publish the claims presented, hefore the auditing
board is allowed to act on them at all, not after the claims are audited,
the board adjourned and all chance for relief has passed. A judicious
use of "printer's ink " before claims are acted on would be an economi-
cal measure worth trying ; and if this were followed by publishing,
before the final adjournment of the board, the number of the claim
(numbered as in the first publication), and amount " as allowed," it
would protect the people and the claimant, the former from the
"raids," and the latter from unjust redactions, made without cause
or reason, and give time to correct, by legal proceedings, if necessary,
any injustice. The fact that a claim would be published in full,
would alone be a safeguard and protection.

At any rate, if any money is to be expended in publishing claims,
let it be expended at a time when it can accomplish some good.

THE SYSTEM OF AUDITING ACCOUiTTS IN ALBANY
COUNTY (UNDER CHAP. 283, LAWS 1881).

Accounts, Form of, to be Published.— All claims

and demands against the county of Albany, which are to be passed
upon by the board of supervisors of such county, must be presented to
the board in the manner now required by law, in the form of ac-
counts, itemized and verified as hereinafter provided for. Such ac-
counts, after being presented, shall be delivered to the clerk of the



AUDITISTG OF ACCODNTS. 429

board, and shall (excepting the verification thereof) be printed under
the direction of said clerk, at an expense not exceeding the ordinary
price paid for such work, and shall be distributed under his direc-
tion to each member of the board within eight days after such ac-
counts have been presented ; and no claim or demand against snch
county of the character above described shall be in any manner
acted upon by the board (except to refer the same to an appropriate
committee for examination and report), until three days after such
account has been printed and distributed as herein required. A
willful neglect to have snch accounts as are above described, printed
or distributed, as is by this act required, and within the time herein
specified, and the presentation of an account known to the person
presenting it to be fictitious and without any foundation, shall be a
misdemeanor.

Laws 1881, chap. 288, § 1.

Wlia/t Account Must State. — Each account must state
when and where the work was performed or materials furnished,
and by what contract or under what authority it was performed or
the materials furnished, and must state, with reasonable detail, the
character and amount of the work done and materials furnished.
The account must contain the names of each person interested in
the same, or who makes any claim to any share or portion of the
sum to be paid.

Id., §2.

Hew Verified. — Such account must be verified by one at
least of the parties in whose name the same is presented, and must
be to the effect that the same is presented in the name or names of
the real party or parties in interest, and that the contract was not made
or the work performed or materials furnished in the name of one
person for the benefit of another ; and that no county officer or mem-
ber of any board, or commission, of the county, or salaried employee
thereof, is or has been directly or indirectly interested therein, either
in the doing of the work or' the furnishing of the materials, or has
been paid or promised any thing for the letting of the contract.
That the work as charged for was actually done, and the materials
specified actually furnished and used at the times and places men-
tioned, and are of the value charged, or are at the prices specified in
the contract. That no bill has been presented or claim made thereto-
fore for the payment for such work or materials, or for any part or
item of such work or materials, except as therein stated, and if such
bill has been theretofore presented, or such claim has been thereto-
fore made, for the whole or any part thereof, it shall be stated to
whom or what board, body or commission it was presented or made,
the time or times thereof, and the action of such person, board, body
or commission thereon, and when such action was taken.

Id., §3.



430 SuPEEVisoBs' Manual.

Blank Form of VeriScation to be Furnished

by Clerk. — The clerk of the board shall prepare a blank form
of veritication, uDder the last section, to be approved by the district
attorney, and it shall be printed and furnished by said clerk gra-
tuitously to all persons demanding the same, and who have a claim
or demand of the aforesaid character to present to the board, and no
account shall be presented to the board, or received or paid, or or-
dered paid, or acted upon by it, unless the verification is in the form
prepared by said clerk, and in no case shall the account be paid until
five days after the proceedings of the board allowing or auditing the
account have been printed and distributed, as herein provided for,
of which the certificate of the clerk of the board to that efEect shall
be evidence ; and such account shall not be paid by the county treas-
urer at all unless the verification and the bill presented complies
with the provisions of this act. When paid the original account or
bill having the verification attached shall be receipted by the party
receiving the money, or by his duly authorized agent, and filed with
the county treasurer, and is hereby declared to be a public record in
his oflBce. All claims and demands presented, including verifica-
tion, which shall not be allowed or paid, shall be retained and filed,
with the proper indorsement of the name, date and amount, by the
clerk of the board, in his office, and shall be public records.

Id., § i.

Proceeding's of Board to be Printed.— The

proceedings of the board of supervisors shall also be printed and
distributed, under the direction of its clerk, within the time above
mentioned for the printing and distribution of the aforesaid accounts.
In addition to the number of copies that may be required by the



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 46 of 96)