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 5 of 96)
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thereto, all such sums of money as the said constable may become
liable to pay on account of any execution which shall be delivered to
him for collection ; and shall also jointly and severally agree and be-
come liable to pay each and every such person for any damages which
he may sustain from or by any act or thing done by said constable
by virtue of his office of constable.

Id. 819, as amended by chap. T88, Laws of 1872, § 21.

The supervisor or town clerk shall indorse on such instrument his
approbation of the sureties therein named, and shall then cause
the same to be filed in the office of the town clerk.

1 B. S. 819, § 22.

§ 46, Justices of tlie Peace.— Every justice of the
peace elected or appointed in any of the towns or cities of this State
shall, before he enters upon the duties of his office, execute an instru-
ment in writing, with two sureties, to be approved by the supervisor.



36 Supervisors' Manual.

of the town, or the town clerk thereof where the said justice of the
peace is also supervisor of said town, or the commi^ii council of the
city in which such justice shall reside, conditioned that he will pay
over, on demand, to the officer, person or persons entitled to the
same, all moneys received by him by virtue of his office, and previous
to entering upon the discharge of his official duties, shall file the said
instrument in the office of the clerk of the city or town in which
he shall reside. Every such justice of the peace shall, at or before
the time of presenting himself to be sworn into office, file with the
county clerk a certificate of the clerk of the city or town in wiiich
such justice of the peace resides, that he has filed the bond required
by this section, and no justice of the peace shall be sworn into office
until he shall have filed such certificate as aforesaid.

Laws of 1878, chap. 107, as amended by chap. 867 of same year, and Laws of 1881,
chap. 12S; 1 K. S. 821.

This act does not apply to 'New York county or to those cities
whose charters require these officers to give such bonds.

1 R. S. 821.

§ 47. Excise Commissioners.— The excise commis-
sioners shall execute a bond to the supervisor, to be approved by him,
in double the amount of the excise moneys of the preceding year,
conditioned for paying over to him or his immediate successor in
office, within thirty days after the receipt thereof, all moneys received
by them as such excise commissioners. Where no moneys have been
received for licenses during the preceding year, said bonds shall be
executed in the penal sum of $1,000.

Chap, m, Laws of 1874, section 2, as amended by chap. 459, Laws of 1886 ; 3 E. S.
1991.

Bicliinond county is exempt therefrom.
Id.

§ 48. Overseers of tbe Poor.— Bond of Over-
seer of Poor. — Every person hereafter elected or appointed to
the office of overseer of the poor in the several towns of this State,
within ten days after being notified of his election or appointment,
shall execute to the supervisor of the town a bond, with one or more
sureties, to be approved by such supervisor, conditioned that he will
faithfully discharge the duties of his office, and will pay, according
to law, all moneys which shall come into his hands as such overseer.

Such bond, with the approval of the supervisor indorsed thereon
shall, within five days thereafter, be filed in the office of the town
clerk of such town.

Chap. 269, Laws of 1855 ; 8 R. S. 1876.



The Supekvisob. 37

§ 49. Form of Bonds of Otlier Town Officers.

BOND OF HIGHWAY COMMISSIONERS.

Know all men by these presents, that we, A. B., as principal, C. D. and E.
F., as sureties of the town of Bethlehem, in the county of Albany, and State
of New York, are held and finuly bound unto Q. H., as supervisor of said
town, in the penal sum of $1,000, to be paid to the said supervisor, or to his
successor in office. For which payment well and truly to be made, we bind
ourselves, our heirs, executors and administrators, jointly and severally, firmly
by these presents.

Sealed with our seals and dated August 30, 1869.*

Whereas, the above-named bounden, A. B., was on the 9th day of March,
1869, duly elected commissioner of highways of the town of Bethlehem, in
the county of Albany,

Now, therefore, the condition of this bond is such that, if the said A. B.
shall faithfully discharge the duties of his office as such commissioner, and
shall, within ten days after the expiration of his term of office, pay over to
his successor all moneys 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 commissioner, without fraud or delay, then this obligation to
be void, otherwise to be of full force and virtue.

A. B.,
CD.,
E. P.



L. 8.]
L. 8.1
'li. S.]



[Add acknowledgment and justification as in section S4, and an approval by
supervisor as follows :]

APPROVAL BY SUPERVISOR.

I hereby approve the foregoing bond, as to its form and manner of execution
and the sufficiency of the sureties thereon.
Dated August 31, 1869. G. H.,

Sttpbkvisok.

This bond is to be filed with the supervisor within ten days after notice of his
election or appointment.

§ 50. Bond of Collector.

[As in preceding form to the asterisk (*) inserting as penalty double the amount
of taxes named in warrant, and then continue as follows :]

The condition of this obligation is such, that if the said
who has been duly chosen or appointed to the office of collector of the town
aforesaid, shall well and faithfully execute his duties as such collector,
pay over all moneys received by him, and account in the manner and within the
time required by law for all taxes upon the assessment-roll of said town deliv-
ered to him for the current year, then this obligation shall be void; otherwise to
remain in full force and virtue.

(Signatures and seals.)

[Add acknowledgment and justification as in section 24, ante."]
Add approval of supervisor as in preceding form.]

This bond is to be filed within six days thereafter, by the supervisor (after Tie
has approved the same), in the county clerk's office.

§ 51. Bond of Constable.

Know all men by these presents, that we, A. B., chosen a constable in the
tovm of , in the county of , as principal, and C. D. and E. F., as



38 SuPEKVisoEs' Manual.

sureties, do hereby jointly and severally agree to pay to each and every person
who may be entitled thereto all such sums of money as the said constable may
become liable to pay on account of any execution which shall be delivered to
him for collection; and we do also jointly and severally agree and hereby be-
come liable to pay each and every such person for any damages which he may
sustain from or by any act or thing done by said constable by virtue of his
office of constable.
Dated March 1, 1886.



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



L. 8.
L. S.
L. S.



[Add acknowledgment and justification.]

2 Wend. 616; 12 id. 306.
The bond may run " to the people."

Id. 616; id. 281; 20 J. 74; 12 Wend. 307.
As to New York county, see 2 Abb. Pr. 188.

This bond is to be executed in the presence of the supervisor or town clerk,
within eight days after notice of election or appointment, and filed in the town
clerk's office, after the sureties therein have been approved, which approval may
be as follows:

I hereby approve the foregoing bond as to its form and manner of execution
and the sufficiency of the sureties therein, and hereby certify that the same
was this day executed, in my presence, by said A. B., C. D. and E. F., therein
named.

Dated March 1, 1886.

G. H,

StrPERVISOB,

(or L. M.,

Town Clerk.)

It would be safe practice to add the acknowledgment and justification as in
section 24.

§ 52. Bond of Justice of tbe Peace.

Know all men by these presents, that I, Richard W. Reese, of Whitesboro,
N. Y., who have been duly chosen to the office of justice of the peace of the
town of Whitestown, in the county of Oneida, as principal, and Orville A.
Burnham and Edward L. Akehurst, of the same place, as sureties of the said
Reese, do hereby jointly and severally agree to pay over, upon demand, to the
officer, person or persons who may be entitled thereto, all moneys received by
said Reese by virtue of his said office.



Dated this lit day of Janua/ry, 1886.



RICHARD W. REESE,
ORVILLE A. BURNHAM,
EDWARD L. AKEHURST.



I/, s.

L. S.
L. S.



[Add acknowledgment ana justification and approval of the supervisor, or of
the town clerk, if the said justice of the peace is also supervisor, as in the bond
of highway commissioners, and section 24, ante.\

This bond should be filed "before entering upon the duties of his office," but
the Revised Statutes provide that "whenever any officer is required by law to
execute any official bond, he shall cause the same to be filed in the proper office
vrithin the time herein prescribed for filing his oath of office, unless otherwise
provided by law."

1 R. S. 368, § 26.



L.


S.'






L.


s.'


L.


s.'






L.


s.'






'l.


s.



The Supekvisoe. 39

The oath of office must be filed within fifteen days after he receives notice of
his election or appointment, or within fifteen days after the commencement of his
term of office.

Id., § 21.
It is filed with the town clerk.

§ 53. Bond of Excise Commissioners.

Know all men by these presents, that we, A. B., L. M. and R. S., as principals,
and C. D. and E. F., as sureties, all of Camden, N. Y., are held and firmly bound
unto G. H., as supervisor of the town of Camden, in the county of Oneida, in the
penal sum of {dovble the amount of excise moneys for the preceding year, stating
the same in full, or if no moneys were then received, then for $1,000) for which pay-
ment well and truly to be made, we bind ourselves, our heirs, executors and ad-
ministrators, jointly and severally, firmly by these presents. Sealed with our
seals and dated this day of , 18 .

The condition of this obligation is such, that if the above bounden, A. B., L.
M. and R. S., who have been elected commissioners of excise in and for said
town, shall well and truly pay over to said G. H., as supervisor, or to his immedi-
ate successor in office, within thirty days after the receipt thereof, all moneys
received by them as such commissioners of excise, in pursuance of, and as re-
quired by, chapter 444 of the Laws of 1874, and all laws amendatory thereof, or
supplemental thereto, without fraud or delay, then this obligation shall be void;
otherwise to remain in full force and virtue.

A. B.,
L. M.,
R. S.,
C. D.,
E. F.

[Add acknowledgment, j ustification and approval by supervisor as in gg 24 and
49, ante/]

It would seem that the supervisor shall retain the bond.

§ 54. Bond of Overseer of the Poor.

Know all men by these presents, that we, A. B. as principal, and C. D. and E.
F. as sureties, all of the town of Marcy, Oneida county, N. Y., are held and
firmly bound unto G. H., as supervisor of the town of Marcy, aforesaid, in the sum
of dollars, in pursuance of chapter 269, Laws of 1855, and the laws amend-

atory thereof, and supplemental thereto, for which payment well and truly to be
made to the said G. H. , as supervisor aforesaid, or to his successor in office, we
bind ourselves, our heirs, executors and administrators, jointly and severally,
firmly by these presents. Sealed with our seals and dated the 6th day of March, 1886.
Whereas, the above-named A. B. was, on the 1st day of March, 1886, duly
elected to the office i^ overseer of the poor in and for said town of Marcy: Now,
therefore, the condition of this bond is such that if the said A. B. shall faithfully
discharge the duties of his said office, and shall well and truly keep, and pay out
and account for all moneys which shall come into his hands, or possession, as
such overseer, without fraud or delay, all of which we hereby covenant and agree
that he shall do, then this obligation shall be void; otherwise to remain in full
force and virtue.

A. B., [l. s.'
C. D., [l. s.'
E. P. [L. s.;

[Add aclcnowledgment, justification and approval of the supervisor as in §§ 24
and 49, ante.]

This bond must be executed and delivered to the supervisor for his approval
within ten days after being notified of the election or appointment, and within five
days thereafter the same must be filed with the town clerk.
5



40



SuPERVisoBs' Manual.



Bond of railroad commissioners can be adapted from the foregoing. It is con-
ditioned "for the faithful discharge of their of&cial duties as railroad commis-
sioners of said town, and that they will well and truly keep and pay over and
account for all moneys belonging to such town and coming into their hands as
such commissioners."

Chap. 720, Laws of 1873; 1 R. S. 879.

The sureties are to be approved by the board of town auditors. The bond is
made to and delivered to the town clerk within ten days after entering upon their
duties and before receiving any of the town funds.

But see chap. 402, Laws of 1S89, § 3,

§ 55. Filing* Papers, Bonds, etc. — The filing of
papers, bonds and other documents means something more than
mere delivery to the proper office or officer.

All sucli papers should be indorsed so as to show what they con-
tain, together with the fact and date of their reception.

The following form is commonly used :



TOWN OF FLOYD.



ElCHABD EOK



to



John Doe, as Supervisor of the Town of Floyd.



Official Bond of Eichaud Roe, as Overseer of the
Poor for the year 1886.



[■ «s.;



TOWN OF FLOYD,
Clerk's Office,

The within bond was duly filed in said office this
6th day of March, 1886.

A. B.,
Tovra Clerk.



The Supervisok. 41

§ 56. Reports by Supervisor. — A supervisor is re-
quired to make or deliver the following reports or statements.

TO THE BOAKD OF SUPEE VISORS.

He shall lay before the board of supervisors such copies of entries
concerning moneys voted to be raised in his town as shall be deliv-
ered to him by the town clerk.

1 R. S. 827.

It is the town clerk's duty to deliver the same to the supervisor, and the super-
visor's duty to obtain the same and lay them before the board.

§ 57. In Relation to Rejected Taxes.— The comp-
troller shall transmit to the supervisor a return of rejected taxes,
and the supervisor shall deliver the same to the board of supervi-
sors at the next meeting. "Whenever the comptroller shall have
rejected any tax in the first instance, or have canceled and charged
the same to a county to which it had previously been credited, the
supervisor of the town or ward in which such lands are situate shall,
if in his power, add to the assessment-roll of such town or ward,
for the year during which such transcript shall have been forwarded
by the comptroller to the county treasurer, an accurate description of
such lands and the correct amount of taxes thereon, stating the tax
of each year and each kind of tax separately, and shall furnish the
comptroller with all such maps and surveys of such lands as shall
have been required by him ; and, if necessary, he may cause a survey
of each lot or parcel returned for more perfect description to be
made, and the expense of such survey and map shall be a charge upon
such land to be added to the tax thereon.

2 R. S. 1021, §§ 18 and 19, as amended by ohap. 152, Laws of 1878.

§ 58. In Relation to Hig-livray Commission-
ers' Statement. — The commissioners of highways of each
town shall deliver to the supervisor of such town a statement of the
improvements necessary to be made on the roads and bridges, together
with the probable expense thereof ; which supervisor shall lay the
same before the board of supervisors at their next meeting. The
board of supervisors shall cause the amount so estimated to be
assessed, levied and collected in such town in the same manner as
other town charges, but the money to be raised in such town shall not
exceed in any one year the sum of $250.

Id. 1214, s 4.
See, also, the report in relation to roads and bridges, post, § 684.



42 Supervisors' Manual.

As to Noxious Weeds, etc.— It shall be the dutj of
the overseer of every road district, and of the street commissioner
of every city or village, to see that the provisions of section 1 of
this act are enforced, and it is hereby made his duty to give written
notice to any occupant of premises to cut all weeds, briars and brush
growing within the bounds of the highway, if they shall neg-
lect so to do, as above provided ; and if, after receiving such notice,
the occupant of the premises shall fail to do so within ten days, it
shall be the duty of the overseer or street commissioner to employ
some one to do so, and make a report, under oath, to the commis-
sioner or commissioners of highways of the amount so expended by
him, and the ownership and occupancy of the several parcels of land
against which such labor was performed, on or before the first day
of November in each year. The commissioner or commissioners of
highways shall certify these statements to the supervisor of the
town, and the supervisor shall lay the same before the board of su-
pervisors at their next meeting, and such board shall include the
amounts included in said statements in the taxes assessed upon the
lands upon or against which the labor was performed, the same to
be collected with the other taxes and paid over, upon the order of
the supei'visor, to the parties entitled thereto.

Chap. 49, Laws 1878, as amended by chap. 604, Laws 1887.

As to Bridges over Boundary Streams or
Waters. — By chapter 346, Laws of 1883, counties are liable to
pay one sixth and not over one-fourth of the expense of construc-
tion, care, maintenance, preservation and repair of public bridges
lawfully constructed over streams or other waters forming boundary
lines thereof. The highway commissioner is required, on or before
November first of each year, to deliver to the supervisor of his town
a sworn statement, in writing, containing a description of said bridge,
the whole expense, in items, incurred by said town during the year
preceding for such construction, etc. This statement is to be laid
before the board of supervisors.

See chap. 346, Laws 1883, of statutes, post, | 577.

Bridges Bet-vreen To-wns.— Whenever any two or
more towns shall be liable to make or maintain any bridge, or
bridges, the same shall be built and maintained at the joint expense
of said towns, without reference to town lines.

Chap. 225, Laws 1841, as amended by chap. 383, Laws 1857.



The Supervisor. 43

Damages on Iiaying out Bridges.— The award
of the commissioners iipon laying out any road, except private roads,
is to be delivered by the supervisor to the board of supervisors.

See post, Roads aud Bridges, subd. 5, § 685.

§ 59. To Report as to Town Debt.— Whenever a
town has a public debt, consisting of bonds or other evidences of
debt issued on the credit of said town, it is the duty of the super-
visor thereof to make a report to the board of supervisors of the
county, at the next annual session thereof, and at every annual ses-
sion thereafter, of the amount of the public debt of his said town.

Laws of 1870, chap. 552, § 1.

Such report must be in tabular form, specifying the difEerent acts
under which the bonds or debts were issued, with the rate of inter-
est thereon, the amount unpaid at the time of the election of said
supervisor, and the amount of debt paid at the date of said report,
and coming due during his term of ojBfice.

Id., § 2.

Such report must be published in the annual report of the pro-
ceedings of the board of supervisors.
Id., § 3.

It is also the duty of the supervisor, at the expiration of his term
of office, at the annual town meeting, to make and present thereto a
duplicate copy of such report, including and adding thereto the
amount 6f bonds issued, and the amounts and interest paid, since
the date of said report, up to the day and date of his term of office,
duly attested before a justice of the peace. Said report must be
duly filed in the town clerk's office of the town, subject to the in-
spection, when required, of any elector thereof.

Id., §4.

For neglecting or refusing to perform any of the above duties, he
is to be deemed guilty of a misdemeanor, and shall forfeit, upon
conviction, the sum of $250, and be imprisoned not exceeding sixty
days.

Id., g 6 ; 1 R. S. 852.
In a general sense the supervisor is town treasurer.
Bridges t. Supervisors, 92 N. Y. 5T0-5.

In towns bonded under the act of 1869, chapter 907, the " treas-
urer or other proper officer of every municipal corporation " is re-
quired to invest all moneys, interest, dividends and percentages
received by him as a " sinking fund " in the manner directed by



44 Supervisors' Manual.

section 4 ; and in every annual report to be made by him to fully
set forth under the head of " railroad sinking fund," the manner and
character of said investment and the condition of said funds.

§ 12, chap. 907, Laws 1869 (added by chap. 62, Laws 1879).

The act of 1869, chapter 907, will be found more full, post, . Sec-
tion 6 requires the railroad commissioners to report to the board of
supervisors any deficiency in the sinking fund to be levied and raised
annually.

Form of report:
To THE Honorable, the Board op Sdpervisors of Oneida CotTNTT:

The undersigned, supervisor of the town of Boonville in said county, in com-
pliance with chapter 553 of the Laws of 1870, respectfully reports:
That the bonded indebtedness of the town of Boonville, aforesaid, at

the time of my election as supervisor, at the last town meeting,

was $10 , 000 00

Amount paid at date of this report Nothing.

Amount coming due, during my term of office, to- wit, on March 1,

1886 2,000 00



These bonds were issued bearing date March 1, 1885, in accordance with chap-
ter 523, Laws of 1881, to provide for the payment of a like amount of bonds is-
sued in aid of the Adirondack Railroad Company, and bear interest at the rate of
four per cent, payable semi-annually, at the office of the Union Trust Company,
of New York; bonds payable at the same place on maturity.

The bonds are divided into five series of two $1,000 bonds each, and numbered
A to E, inclusive. Series A is payable March 1, 1886, and one series annually
thereafter till all are paid.

The amount to be provided for the coming year is as follows:

Interest March 1, 1886 $200 00

Interest September 1, 1886 160 00

Series A, March 1, 1886 2,000 00

Total $2,360 00

Dated November 10, 1885.

Respectfully submitted,

F. A. WILLARD,

SlTPBBVISDR.

In towns bonded under the act of 1869 the report should also
contain a statement as to the " sinking fund," which may be as
follows :

The following is the condition of the railroad sinking fund:

Amount on hand $50,000 00

Invested as follows: Bonds issued by the town of ,
January 1, 1875, due January 1, 1890, with interest
at6percent $30,000 00

Bonds issued by the county of July 1, 1880, due

July 1, 1892, with interest at 4 per cent 19,900 00

Cash in savings bank 100 00

$50,000 00 $50,000 00
The said investments are considered good. ~



Thb Supervisor. 45

To Report as to Bonded Indebtedness, etc.—

By chapter 316 of the Laws of 1886, the supervisor is to make a
report as to bonded indebtedness.
The law is as follows ■

CHAP. 316.

AN ACT in relation to the bonded indebtedness b( villages, cities, towns and
counties in this State, and to provide means for the payment and refunding
thereof.

Passed May 11, 1886; three-fifths being present.

The People of the State of New • York, represented in Senate and Assembly, do
enact as follows :

Section 1. Issue of Bonds to retire Present Indebtedness. — The present bonded
indebtedness of any village, city, town or county in this State, including interest
past due or unpaid, may be paid up or retired by the issue of new bonds for like
amounts by the board of trustees, mayor or common council, town board, board
of supervisors or supervisor, or railroad commissioners or officer or officers now
having in charge according to law the payment of interest or principal on bonds
herein proposed to be paid or retired respectively of such village, city, town or
county; provided, however, that such new bonds shall be issued only when exist-
ing bonds can be retired by the substitution therefor of such new bonds or can
be paid up by money realized on the sale of such new bonds, but where the said
bonded indebtedness shall become due within two years from the issue of said
new bonds, then such new bonds may be issued or sold to provide money in ad-



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 5 of 96)