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 47 of 96)
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clerk of the board, for the distribution above provided for, there shall
be printed 300 copies, which shall be kept by said printer in some
safe place, and immediately after the first day of January in each
year such copies for the preceding year shall be bound in good law
sheep at the prices ordinarily paid for such work, under the direc-
tion of the clerk of the board, with an index list of county officers,
committees, et cetera, to be prepared by him, and the same shall be
distributed under the direction of the board.

Id., §5

"When Tax Payers May Have Copies.— Upon
payment of $10 to the county treasurer of the county, any tax
payer may have for one year a printed copy of the proceedings of
the board, and of the printed bills as they are from time to time dis-
tributed, and at the times above described for their delivery to the
members of the board delivered to him at some place to be desig-
nated by him, and within one-quarter of a mile from the place in
which the board holds its meetings.

Id., § 6.



Auditing of Accounts. 431

Sa>la<X*ies not Affected..— Kone of tke provisions of this
act shall be held to aflfect the salaries of county officers, or the mode
or manner in which payment thereof is made, or the wages of the
city laborers ; nor shall the provisions of this act affect any contract
now existing ; and none of the provisions of this act shall apply to
the employment of counsel to aid the district attorney in any legal
matters in which the county is interested when such employment is
by authority of law.

Id., §7.

UNDER THE ACT OF 1883, CHAPTER 79.

Annual Meeting of tlie Board.— The board of su-
pervisors of the county of Albany shall meet annually, for the pur-
pose of organizing, on the second Tuesday in May in each year, and
shall at such meeting elect a president and clerk of the board, and
also the journal clerk hereinafter mentioned. The board shall also
meet on the second Wednesday next following the general election
in November in each year, for the purpose of auditing claims and
accounts against the county of Albany, and of doing any of the
other several acts and things which it is provided by law shall be
done by said board.

Chap. 79, Laws of 1883, § 1.

DlltjT of Clerk. — It shall be the duty of the clerk of the
board to cause to be published in two newspapers, in the county of
Albany, on the 15th day of October, and daily, except Sundays, for
the two weeks succeeding that date, a notice requiring all claims and
demands against the county of Albany to be presented to the clerk
of said board on or before the first day of November following, at
his office in the city of Albany (and upon blanks which can be had
upon application to said clerk), which notice shall state that all
claims not presented on or before that date in the form and with
the verification required by chapter 283 of the Laws of 1881, can-
not be audited by the board of supervisors at its then next annual
meeting. It shall also be the duty of the clerk to cause such notice
to be printed upon postal cards, and to mail such cards, one ad-
dressed to each person, corporation or institution in whose name any
bill or claim was audited by the previous board of supervisors, and
to each other person who shall file with the clerk a written notice
that he has any claim or demand against the said county of Albany.
Id., s 2.

As to Claims.— Bills Not to be Audited, etc.—

The said clerk shall examine all claims which shall be presented
pursuant to said notice, and shall enter in a book to be kept by him
the name of the claimant and of the person actually presenting or
delivering the claim ; the amount of the claim and the date when
the bill or claim was presented, and such other matters as may be



432 SuPEBVisoEs' Manual.

proper. All bills or claims which shall not comply in form and verifi-
cation with the provisions of chapter 283 of the Laws of 1881, shall
be forthwith returned by the clerk to the claimant personally or by
mail, with a notification of the defect therein, and that the same
must be returned, duly corrected, to said clerk on or before the tenth
day of November following, or that it cannot be audited or allowed
by the board of supervisors of that year. The clerk shall, on or im-
mediately after the said first day of November in each year, cause
the bills so presented as aforesaid, which are not defective in form,
to be printed as required by chapter 283 of the Laws of 1881, and
the same shall be numbered in the order in which they are printed.
All bills which having been returned by the clerk as defective shall
be again presented to him in due and proper form on or before the
said tenth day of November, but none others, shall be in like manner
printed. No bill or claim against the county, except such as shall
be so presented and printed as above provided for, shall be audited
by the board of supervisors, except that in case of extraordinary
public emergency the board shall have power, by unanimous con-
sent, after a two days' notice has been given by any member of his
intention to present any bill, to allow such bill to be presented and
printed, and the same may then be audited as other claims against
the county ; provided, however, that in the year 1883 the board of
supervisors may, by resolution, direct that any bills presented in due
form during the first week of its session shall be printed, and the
same may in that case be audited as other county charges.

Id.,§S.

Exception Thereto. — The bills presented by inspectors
of election and poll-clerks, and by coroners' jurors, need not to be pre-
sented before the first day of November, and shall not be printea or
distributed by the clerk ; but in all other respects as to form, verifi-
cation and manner of audit and payment, the provisions of chapter
283 of the Laws of 1881, as hereby amended, shall apply to such
bills.

Id., Si-
Salary of Clerk, etc. — The clerk shall receive a salary
of $1,800, payable monthly, and shall have the assistance from the
fifteenth day of October of one clerk, who shall be known as the jour-
nal clerk, and shall receive on the certificates of the clerk a salary of
$500, and shall continue to act during the session and thereafter
until the duties of that position are fully executed, to the satisfaction
of the clerk ; and of a second clerk who shall be appointed by the
board of supervisors at their first meeting in November, and be
known as the committee clerk, and shall receive on the certificates of
the clerk a salary of $300, and shall continue to act during theses-
sion of the board. Such clerks shall assist and be under the direc-
tion and control of and be subject to removal by the clerk of the
board of supervisors, who shall fix and define their respective duties.
It shall be the duty of the clerk of the board, either himself or by



AUDITIITQ OF ACCOUHTTS. 433

his two subordinate clerks, to give all clerical and other assistance
required for the preparation of the official canvass of votes, and the
footing up and verification of the assessment-rolls, and which may
be essential and proper for the efficient conduct and execution of the
duties devolved upon the board of supervisors or any of its com-
mittees, and no other clerks or other persons shall be paid for any
such services.

ld.,§ 5.

What Payments to be made Quarterly.—

Whenever the board of supervisors of Albany county is now au-
thorized by law to audit and allow any sum of money for publication
of notice of redemption from tax sales, for rent of real estate, or for
services to be rendered continuously throughout the year, by any
officer or employee, either in its own discretion or upon the certificate
or approval of any other board or officer, it may, upon the presen-
tation of the proper certificate or approval, or without it, if none is
required, direct in advance that such rent, or such person so render-
ing the services, shall during the ensuing year be paid quarterly or
monthly, by the county treasurer, a sum to be stated in each case,
which shall not exceed the amount the board is now authorized by
law to allow for such services, if a duly verified claim for the same
were presented for audit, and may also direct in advance the pay-
ment of the expense of publishing notices of redemption from tax
sales, provided that all claims and bills presented to the county treas-
urer for payment under this section shall be in the same form and
be verified in the same manner as would be required in case such bills
were presented to the board of supervisors of Albany county for
audit ; and they shall not be paid by the county treasurer unless pre-
sented in such form and duly verified, and in the case of the re-
demption notices, a printed copy of such notice shall be attached to
the bill.

Id., §6.

Not to Affect Certain Acts.— This act shall not in any
way apply to or aflEect the provisions of chapter 497 of the Laws of
18Y5, or the work therein provided to be done, or the compensation
to be paid therefor.
U.,%1.

Verification of Claims.— Whenever a claim against the
county of Albany is presented by any county officer or the member
of any board or commission, or salaried employee of the county,
which he is authorized by law to present for audit, the said officer,
member or employee may strike out from the affidavit of verifi-
cation of such claim the aHegation that no county officer or member
of any board or commission, or salaried employee thereof, is or has
been, directly or indirectly, interested therein (but no other part
thereof), and substitute at the end of such affidavit a statement as
to his relation to the county.

Id., §8.

55



434 Supervisors' Manttal.

Construction. — Whenever, in any law, a reference is made
to the annual session or meeting of the board of supervisors, it shall
be construed and deemed, as regards the board of supervisors of
Albany county, to mean and intend the session or meeting of said
board to be held commencing in November of each year.

Id., § 9.

Tax to Pay Bonded Debt.— It shall be the duty of the
board of supervisors of Albany county to raise in the county tax
budget each year a sum not less than $20,000, which shall be applied
to the payment and extinguishment of so much of the principal
of the bonded debt of the county.

Id., § 10.

Salaries Payable Monthly.— The amount of salaries
of the assessors of the city of Albany, as provided for by chapter
447 of the Laws of 1870, shall hereafter be included in the tax
budget of said city, and be received and paid out monthly bv the
chamberlain of said city, instead of by the county treasurer.

Id., §11.

Moneys, boTv to be Distributed. — The amount of
money now required by section 25 of chapter 284 of the Laws of
1872, for the salaries and expenses of the officers employed by the
district attorney of Albany county, shall hereafter be disbursed by
the county treasurer of Albany county, who shall in all respects per-
form the duties now imposed by said section upon the chamberlain
of the city of Albany.
Id., § 12.

UNDER THE ACT OF 1884, CHAPTER 368.
Detailed Statement of Repairs, etc.— Whenever

it shall be necessary that any repairs or alterations shall be made, or
any new materials, furniture or supplies, other than gas, food or
provisions, be furnished, or any work be done, in or upon or in con-
nection with the use of any building in said county, the expense of
repairing, altering or supplying which is a county charge, and such
repairs, alterations, materials, furniture, supplies or work would be
and constitute a proper and lawful charge against the county of
Albany, to be audited and allowed by the board of supervisors
thereof, and to be paid for from the county treasury, it shall be the
duty of the person or officer having the charge and custody of the
building or place where such repairs or alterations are to be made,
or new materials, furniture or supplies are to be furnished or work
is to be done, to make in writing and in detail a full statement of
the same and of the items thereof, upon printed blanks to be fur-
nished by the county treasurer of Albany county for that purpose,
and obtain from some reputable contractors, mechanics or dealers,



Auditing of Accounts. 435

■written proposals for the making of sucli repairs or alterations, the
furnishing of such materials, furniture or supplies, or the doing of
such work. Where the cost thereof shall be less than $10, at least
one proposal shall be obtained therefor ; where the cost thereof shall
be $10, and not exceeding $25, at least two proposals shall be so
obtained therefor ; and where the cost thereof shall be over $25, at
least three proposals shall be obtained therefor. Where the ma-
terials or work is of such a character that only one or two persons
in the place where the materials are to be supplied or the work is to
be done are engaged in the business of supplying or doing the same,
the county treasurer may, by an indorsement in writing upon the
requisition hereinafter mentioned, dispense with the furnishing of
any proposals therefor except from those so engaged in said busi-
ness.

Chap, 368, Laws of 188i, § 1.

Proposals to be Presented to County Treas-
urer, Wliat to State, etc.— It shall be the duty of the
person or officer so obtaining such proposal or proposals to present
to the county treasurer of the county of Albany the said proposals,
together with the detailed statement so made as above provided for,
of the repairs,, alterations, materials, furniture, supplies or work re-
c[uired for the furnishing or doing of which said proposals are
received, accompanied by a requisition in writing, upon a blank
form to be furnished by the county treasurer, stating that the several
things specified in such statement to be furnished or done are a
county charge, and are necessary and proper for the proper conduct
of the business of the county, and the reason or reasons why they
are so necessary and proper. Such requisition shall also state the
statute law, if any, by a reference to the page and section, or chap-
ter and section, of the book containing the same, which authorizes
the several matters and things in such statement contained to be
furnished or done at the county expense, or the other authority
therefor, if there be no statute expressly relating thereto.

Id., § 2.

Duty of County Treasurer Thereunder.— The

county treasurer shall forthwith cause to be copied into a proper
book, to be kept by him for that purpose, the aforesaid statement,
and add thereto the names and addresses of the parties furnishing
proposals for the furnishing or doing of the things mentioned in
such statement, and the prices therefor mentioned in such proposals.
He shall then, in case such repairs, alterations, new materials, furni-
ture or supplies are necessary and proper and a county charge, by an
order to be made under such entries so made upon bis book, and to
be dated and subscribed by him, direct that the work be done on or
before a certain date, by such of the parties making such proposals
as it shall be in his jildgment for the best interests of the county,
and shall furnish a copy of such order to the party or parties so



436 SupERvisoEs' Manual.

named therein, who shall thereupon proceed under the supervision
of the person or officers making the aforesaid requisition therefor, to
furnish the said articles or things or do the said work. In case the
said county treasurer shall be of opinion that it is for the best inter-
ests of the county that other or further proposals shall in any case
be furnislxed, he may require the officer making such requisition to
obtain the same. In case the party or parties whose proposal shall
be accepted shall fail or neglect to fulfill the same within the time
or in the manner specified, new proposals shall be procured in the
manner above stated for the doing or completion of such work, for
the furnishing of the whole or the balance of the things specified in
such statement, and the work shall be awarded thereunder in the
same manner as above stated.

Id., §8.

Ri^ht of Tax Payer to ReviOTr, etc.— If the
county treasurer shall refuse to order the materials to be furnished
or the work to be done under any proposal, upon the ground
that the matter or thing proposed to be furnished or done is not
proper or necessary, or that the expense thereof is not a county
charge, or shall have reason to believe that any fraud is being practiced
upon the county, by collusion or any improper practices in the re-
ceiving or making out of proposals for any matter or thing to be
furnished or done hereunder, he shall give ito the officer or person
making the requisition, and also to any tax payer filing with him
written objections to his granting the aforesaid order in any case,
written notice of a time and place, within ten days after receiving
the aforesaid requisition, when the matter will be brought to the
attention of the county judge of Albany county. And whenever
the county treasurer shall order said material to be furnished or work
to be done he shall forthwith give written notice of such order to
any tax payer who shall have filed objections as aforesaid, and such
tax payer may within one day after service upon him of written
notice that such order has been made, file with the county treasurer
a notice that he desires to have the matter brought before the county
judge for review when it shall be the duty of the county treasurer
to immediately, and within three days from the filing of said notice,
take the foregoing steps for that purpose, and the time fixed for the
hearing before the county judge shall be within ten days after the
filing of the notice of appeal to the county judge. It shall be the
duty of the said county judge of Albany county, whenever appli-
cation shall be made to him for that purpose by the county treasurer
of Albany county, to fix a time and place, in accordance with the
provisions of this act, for the public hearing of the matters and
things so brought to his attention, and the statements of any parties
interested therein, and the said county judge shall, by an order to
be made and entered by him, after hearing all parties in interest in
the premises, direct the county treasurer to take such action in the
premises as shall be lawful and may best promote the interests of



Auditing of Accounts. 437

the county. The order so made by the county judge shall he sub-
ject to review upon the law and the merits, upon an appeal to the
general term oi the supreme court by the county treasurer, or the
officer making such requisition, and in case he shall give the security
for the costs of the appeal, in the form and amount required to stay
the issuing of an execution on appeals to the general term of the
supreme court from the county court, by any tax payer of the couuty.

Id., § 4, as amended by chap. 207, Laws of 1889.

Superintending of Work, etc.— Whenever any re-
pairs or alterations shall be made, or any new materials, furniture
or supplies, other than food or provisions, shall be iurnished, or any
work shall be done pursuant to proposals made under the aforesaid

Erovisions of this act, it shall be the duty of the person or officer
aving the charge or custody of the building or place where such
repairs or alterations are to be made, or new materials, furniture or
supplies are to be furnished, or work is to be done, diligently to su-
perintend and examine the same ; and whenever and in case the
same shall in all respects comply with the detailed statement under
which the proposals therefor were made, but not otherwise, he shall
give to the person or persons furnishing or doing the same, a certifi-
cate in writing, upon a printed form to be furnished by the county
treasurer, to the effect that the said work has been done, and the
said materials have been furnished of the quality and kind, and in
the amount in the said statement above mentioned specified, and
that the said work has been fully completed ; and whenever, in the
aforesaid or any other cases, any claim against the county of Albany
is paid by the county treasurer, upon the certificate of any officer or
person other than the board of supervisors, or its clerk, it shall be
the duty of the said officer or other person making or giving such
certificate to state therein upon what days, specifying the respective
days of the month, the services embraced in such claim were ren-
dered or the materials therein charged for were furnished. Where
the amount due for any such work done, or materials or supplies
furnished under the aforesaid provisions of the act shall not exceed
$25, the county treasurer, if satisfied that such work has been done,
and that the materials or supplies have been furnished in accordance
with the statement under which the proposal therefor was made,
shall, upon the presentation by the claimant of a bill therefor, make
out in the form and with the verification now required where claims
are presented to the board of supervisors of Albany county, accom-
panied with the certificate aforesaid that the work has been done
and the materials have been supplied, pay therefor out of the county
treasury.
Id., §5.

When Work Exceeds $50 Notice to be Given.

— No order directing or authorizing the doing of any work or the
furnishing of any materials shall be made or delivered by the county



438 SuPBBVisoEs' Manual.

treasurer under the provisions of section 3 of tliis act in any case
whatever where the cost thereof exceeds $50, nor in any other case
where the cost exceeds $10 (unless it is, in such latter case in the
opinion of the county treasurer, essential to the interests of the
county, and he so certiiies, in the aforesaid book to be kept by him,
that the work be done or the materials be furnished forthwith) until
the end and expiration of three days from and after the time at
which the said county treasurer shall have delivered or caused to be
deposited or delivered (at the Albany post-office, or at the place or
respective places to be designated by the person or persons who shall
make the payment of $2 into the county treasury as hereinafter
stated), notices duly inclosed in envelopes addressed j-espectively with
the full name and address of such person ; which notices shall state
the name of the officer who made the requisition, the place or build-
ing where the work is to be done or the materials or supplies are to
be furnished, the nature of the work, materials or supplies, the names
of the parties offering to do or furnish the same, and the amount at
which they offer to do or furnish the same ; and no payment exceed-
ing $10 shall be made of any bill for work done or materials fur-
nished under the authority of any such order until a similar notice
or notices, duly inclosed in an envelope, and addressed with the full
name and address of each person who shall make the aforesaid pay-
ment into the county treasury shall have been deposited or delivered
at the said post-office, or other place in the city of Albany five days
prior thereto, which latter notice shall further state that the bill for
such work or materials, duly certified, has been presented for pay-
ment. The aforesaid payment of $2 shall entitle the party paying
the same to the service of the aforesaid notices, at any place within
one-half mile of the public office of the county treasurer in the city
of Albany, or, in case a place within such half mile is not designated,
to their deposit in the Albany post-office in a post-paid envelope,
duly addressed to such party, for the period of one year from and
immediately after the date of such payment, and it shall be the duty
of the county treasurer to give such notices and to enter in the
aforesaid book to be kept by him, a statement of the time of deliver-
ing or depositing of the same and each of them, and of the names of
the parties notified.

Id., §6.

Duty of Treasurer to Hear Objections.— It

shall bo the duty of the county treasurer to hear allobjeetions made
to his autliorizing any such expenditure and to the payment of any
such claim, and if any party objecting thereto shall so require, the
county treasurer shall notify the officer making the requisition, or
the claimant, to appear, and shall and is hereby authorized to ad-
minister an oath to such officer or claimant, and to any other person
who may appear to testify in the premises, to make true answers to
all questions which shall be put to him in relation to the matter.
And the county treasurer may and shall, when requested so to do.



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 47 of 96)