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 50 of 96)
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twenty -eight words contained in such copy.

Id., § 12.

Court-Souses and Jails, etc.

It shall be the duty of the several boards of supervisors, as often as shall be
necessary, to cause the court-house and jail of their respective counties, to be duly
repaired, at the expense of such counties; but the sums expended in such repairs
shall not exceed five hundred dollars in any one year.

Id., §13.
This amount has been enlarged by subsequent laws.

See Laws 1838, chap. 314, § 1, subd. 3, and Laws 1875, chap. 482, 1 1, subd. 1.

Solitary Cells.

They shall also cause to be prepared within the jails of their respective coun-
ties, or elsewhere, at the expense of such counties, so many solitary cells for the
reception of convicts who may be sentenced to punishment therein, as the court
of common pleas of the county may direct. .

2 R. S. 927, § 14.

Section 15 relates to the pay of supervisors, and is superseded by the Laws of
1875, chap. 483, § 8, post.



Powers akd Duties op the Boakd. 465

PeruUty Against Supervisor for Neglect of Duty.

If any supervisor shall refuse or neglect to perform any of the duties which are
or shall be required of him by law as a member of the board of supervisors, he
shall, for every such oSense, forfeit th« sum of two hundred and fifty dollars.

Id., § 16.

New York County.

The mayor, recorder and aldermen of the city of New York shall be the super-
visors of the city and county of New York, and all the provisions of this article
shall be construed to extend to them respectively except where special provisions
inconsistent therewith, are or shall be made by law, in relation to the city and
county of New York.

Id. 928, a 17.

Decisions — Under Revised Statutes.

AS TO TOWN CHAEGES — BOAED MAY AUDIT.

The clium was unliquidated. If the town auditors have not, the board of su-
pervisors of the county have, ample power, and it is their duty to audit the accounts
of town officers against their respective towns, and direct the raising of such
sums as may be necessary to defray .the same.

If in a proper case, the town auditors or board of supervisors neglect or refuse
to audit and allow a just and legal claim of a town officer, the party has an ample
remedy by Tnandamus.

Preabyterian Society of Enozboro v. Seacb, 8 Hun, MA.



ILLEGAL AUDITS.

A board of supervisors has no power to audit and allow accounts not legally
chargeable to their county, and such an audit is null and void; it may be disre-
garded by the officers of the county, and is not binding and conclusive upon a
succeeding board.

The payment of such an account so audited is not a voluntary payment by the
county; but an unauthorized act of its agents, and an action lies at the suit of the
county to recover back the moneys paid.

Board of Supervisors v. Ellis, 59 N. Y. 820.

The provisions of the Bevised Statutes declaring that a majority of the super-
visors of a county shall constitute a quorum for the trsmsaction of business, and
that all questions arising shall be determined by a majority of the supervisors
present, cannot be altered by a rule of the board.

People, ex rel. Burroughs et al., v. Brinkerhoff, 68 N. Y. 256.

The provision of the Bevised Statutes authorizing a tar collector to levy an
unpaid tax " by distress and sale of the goods and chattels of the person who
ought to pay the same, or of any goods or chattels in his possession," refers to
actual, physical, and not merely legal or constructive possession, and an actual
possession by the consent of the owner, although unaccompanied by any owner-
ship in the possessor, is a possession within the meaning of the statute.

Hersee ti al. t. Porter, 100 N. Y. 40$.

In New York county the mayor, recorder and aldermen constitute the board of
supervisors.

Jn re New York Cable Co. t. Mayor, 104 N. Y. 1.

See "Auditing of Accounts," chapter VIII; "Assessment and Collection of
Taxes," chapter V.
59



466 SuPERvisoBs' Manual.

§ 550. Under the Laws of 1838, chapter 314.

See Decisions at end of this section.

AN ACT to enlarge the powers of board of supervisors.

Power to Raise Money.

Section 1. The hoard of supervisors of each county in this State shall, in addi-
tion to the powers now conferred on them by law, have power, at their annual
meeting, or when lawfully convened at any other meeting:

For Bridget.

1. To cause to be levied, collected and paid, to the treasurer of the county, such
Bums of money as may be necessary to construct and repair bridges therein; and
to prescribe upon what plan and in what manner the moneys so to be raised shall
be expended.

See Decisions post; 3 R. S. 928. See Roads and Bridges, chap, XIV.

Apportionment of Tax.

2. To apportion the tax so to be raised, among the several towns and wards of
their county, as shall seem to them to be equitable and just.

See Laws of 1883, chap. SiS, poet; 2 R. S. 928.

For Oourt-Eouae and Jail.

3. To cause to be levied, collected and paid, all such sums of money as they
shall deem necessary for rebuilding or repairing the court-house or jail of their
county; or for building, rebuilding or repairing the clerk's oflBce of the county,
and to prescribe upon what plan and in what manner the moneys so raised shall
be expended.

2 R. S. 928.

lo Appoint Special Commissionera of Highways.

4. To appoint special commissioners to lay out public highways in those cases
where they shall be satisfied that the road applied for is important, and that the
authority now conferred by law upon commissioners of highways cannot or will
not be exercised to accomplish the laying out of such road.

See Laws of 1848, chap. 164, § 1 ; 2 R- S. 928.

Momeyfor Roads and Bridges.

5. To cause to be levied, collected and paid, in the manner now provided by
law, such sum of money, in addition to the sum now allowed by law, not exceed-
ing five hundred dollars in any one year, as a majority of the qualified voters of
any town may at any legal town meeting have voted to be raised upon their town,
for constructing or repairing roads and bridges in such town.

See Laws of 1349, chap. 194, § 4, subd. 9; Laws of 1869, chap. 855, S 1; Laws of
1875, chap. 482. § 1, subd. 6 and 29.

See Roads and Bridges, chap. XIV, post.

Notice to he Put Up.

§ 2. No moneys shall be raised under the authority conferred by the fifth sub-
division of the preceding section, unless a written notice of the application to
such town meeting to raise such amount shall be posted on the door of the house
where the town meeting is to be held and also at three public places in such town
for two weeks before the town meeting, and be also openly read to the electors
present, immediately after the opening of the meeting.

2 R. J. 928.



Powers and Duties of the Boakd. 467

Notice to he Published.
% 3. All persons intending to apply to any board of supervisors for the impos-
ing any tax pursuant to the first section of this act, except in cases under the fifth
subdivision of that section, shall cause a notice of such application to be published
once in each- week for four successive weeks immediately preceding the meeting
of the board of supervisors at which such application shall be made, in a news-
paper printed in such county; but if no newspaper be printed in the county, then
such notice shall be published, in like manner, in some public newspaper printed
nearest thereto.

Id.

Special Commissioners to he Paid.

% 4. The supervisors shall have power to provide for the payment to the special
commissioners to be appointed under the fourth subdivision of the first section of
this act, for their time and expenses The decisions made by said commissioners
may be appealed from, and reviewed in the same manner and with like authority
as is allowed by law in the cases of roads laid out by the commissioners of high-
ways of any town. The roads so to be laid out by such special commissioners, or
the same as settled on appeal, shall be recorded, opened and worked as public
highways of the towns in which they are respectively situated in the same manner
as other highways of the town are now required by law to be recorded, opened
and worked.

Id. 929.

Special Meetings of Boa/rd.

§ 5. Special meetings of the board of supervisors of any county may be called
by the clerk of the board at any time, on the written request of a majority of the
supervisors of the county.

Id.

Decisions Under I<aTrs of 1838, Cbap. 314.

BEIDGES.

Where the board caused a portion of the money expended under its supervision
in repairing a public hridge, which crossed a stream dividing two towns, to be
levied upon the county, and the residue upon the two towns, held, that the tax
was legally imposed.

Hill v. Supervisors, 12 N. T. 62.

If the bridge is a county hridge, the county must pay for repairs.
People, «3! rel. Com'rs, v. Supervisors, 1 Hill, 60.

The notice required by the third section applies to all persons applying for the
imposition of a tax, but does not, it seems, restrain the board from acting on its
own motion in raising money for necessary repairs of a county bridge.
Id.

See Chapter XIV, " Roads and Bridges."

§ 551. Under the Laws of 1839, chapter 369.

-AN ACT relative to boards of supervisors, and to the town of Vernon in the

county of Oneida.

Names of Claimants to he Published.

Section 1. It shall be the duty of the board of supervisors in each county in
this State, annually to publish 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-
loU.

Id. 929.



468 Supervisors' Manual.

§ 552. Under the Laws of 1848, chapter 164,

AN ACT to amend an act entitled " An act to enlarge powers of tlie boards of
supervisors," passed May 18, 1838.

Provmon as to Opening Public Eighviays.

Section 1. The power given to boards of supervisors by subdivision four of sec.
tion one of the act entitled ' ' An act to enlarge the powers of boards of supervisors,"
passed April 18, 1838, to appoint special commissioners to lay out public high,
ways, shall not be exercised by any board of supervisors, unless the applicant
therefor shall prove to such board of supervisors the service of a notice in writ-
ing, on a commissioner of highways of each town through and into which anj
such highway is intended to be laid, at least six days previous to presenting such
application, specifying therein the object thereof, and names of persons proposed
to be appointed such commissioners.

Id. 929.

§ 553. Under the Laws of 1849, chapter 194,

See Decisions at end of this section.

AN ACT to vest in the board of supervisors certain legislative powers, and to
prescribe their fees for certain services,

Power of the Board to Alter tJie Bounds and to Erect New Town; Copy of Map
and Certificate to he FHled.

Section 1. The board of supervisors of the several counties in this State, the
county of New York excepted, at their annual meeting, shall have power within
their respective counties, by a vote of two-thirds of all the members elected,
to divide or alter in its bounds, any town, or erect a new town, but they shall not
make any alterations that shall place parts of the same town in more than one
assembly district, nor where it is proposed to divide towns into two or more towns,
unless upon application to the board, as hereinafter provided, of at least twelve
freeholders of each of the towns to be affected by the division, and upon being
furnished with a map and survey of the towns to be affected, showing the pro-
posed alterations, and if the application be granted, a copy of said map, with a
certified statement of the action of said board thereunto annexed, shaU be filed
in the ofifice of the secretary of State, and it shall be the duty of the secretary to
cause the same to be printed with the laws of the next legislature after sucli
division takes place, and cause the same to be published in the same manner as
other laws are published. ^

A3 amended by Laws 1872, chap. 819 ; 2 R. S. 929.

§ 2 repealed.

Name of New Town to be Designated and Mrst Meeting Appointed.

§ 3. Whenever the board of supervisors shall erect a new town in any cpunty,
they shall designate the name thereof, the time and place of holding the first
annual town meeting therein, and three electors of such town whose duty it shall
be to preside at such meeting, appoint a clerk, open and keep the polls, and exer-
cise the same powers as justices of the peace when presiding at town meetings,
and in case any of the said electors shall refuse or neglect to serve, the electors of
the said town present at such meeting, shall have power to substitute some elector
of said town, for each one so refusing or neglecting to serve. Notice of time and
place of such town meeting signed by the chairman or clerk of the board of super-
visors shall be posted in four of the most public places in said town, by the
persons so designated to preside at such town meeting, at least fourteen days
before holding the same. They shall also fix the place for holding the first town
meeting in the town or towns from which such new town shall be taken. But
nothing in this act shall affect the rights or abridge the term of office of any jus-
tice of the peace or other town officer in any such town, whose term of office ha*
not expired.

2 R. S. 930.



Powers and Duties of the Board. 469

Powers of Board.

§ 4 The said boards of superyisors shall have power, and thej are hereby
authorized:

Id.

Lands may be Bought to erect Poor-houses on.

1. At any meeting thereof lawfully assembled, to purchase for the use of said
county any real estate, necessary for the erection of buildings, and for the sup-
port of the poor of such county.

Id.

To erect Court- Jiouae, etc.

2. To purchase any real estate necessary for a site for a court-house, jail, clerk's
or surrogate's office, or other public county buildings in said county.



Id.



Sites to be Fixed.



3. To fix upon and determine the site of any such buildings, where they are not
already located.

Id.

Sale of Lands.

4. To authorize the sale or leasing of any real estate, belonging to such county,,
and prescribe the mode in which any conveyance shall be made,

5. (See Laws of 1885, chap. 160.)

Id.

Erection of Buildings.

6. To cause to be erected necessary buildings for poor-houses, jails, clerk's and
surrogate's offices or other county buildings, and prescribe the manner of erecting
the same.

Id.

Bailing Money by Tax.

7. To cause to be raised by tax upon such county any sum of money to erect
any of the buildings mentioned in this act, not exceeding the sum of five thou-
eand dollars in any one year.

See Laws of 1875, chap. 482, § 1, subd. 1; 2 B. S. 930.



Borrowing Money for County Use.

8. To borrow money for the use of such county, to be expendea m the purchase
of any real estate, or for the erection of any such buildings, and to provide for the
payment thereof, with interest, by tax upon such county, within ten years from
the date of such loan, in yearly installments or otherwise.

See Id.

For Town Use.

9. To authorize any town in such county by a vote of such town to borrov any
sum of money not exceeding four thousand dollars in one year, to build or repair
any roads or bridges in such town, and prescribe the time for the payment of the
same, which time shall be within ten years, and for assessing the principal and
interest thereof upon such town.

See Laws of 1869, chap. 855, 9 1; Laws of 1875, chap. 482, 9 1, subds. 6, 29, which
allow the amount to be increased; 2 B. S. 930.



470 SuPEKvisoKs' Manual.

Poor.

10. To abolish or revive the distinctioa between the town ana county poor of
such county.

2 R. S. 930.

Annual Meeting.

11. To fix the time and place of holding their annual meetings.
Id. 931.

Collection of Taxes.

12. To extend and determine by resolution at their annual meeting the time
when each collector in said county shall make return to the county treasurer; but
such time shall in no case extend beyond the first day of March then next.

See Laws of 1885, chaps. 10 and 32 ; 2 R. S. 931.



Laws to Destroy Wild Beasts, Thistles, etc.

13. To make such laws and regulations as they may deem necessary and provide
for the enforcing of the same, for the destruction of wild beasts, thistles and other
noxious weeds, to prevent the injury and destruction of sheep by dogs, and to levy
and enforce the collection of any tax upon dogs, and to direct the application of
such tax, and to provide for the protection of all kinds of game, of shell and other
fish within the waters of their respective counties, and all laws of this State now
existing in relation to preserving or destroying, killing and taking wild beasts or
birds, fish, eels and shell fish, are hereby repealed, such repeal to take effect on
the first day of January, in the year eighteen hundred and fifty.

See Laws of 1878, chap. 49; 2 R. S. 931, " Noxious Weeds," "Game and Fish,"
subd. 16, § 1, chap. 482, Laws of 1875; " Dogs," subd 14, id.

County Officer to Report.

14. To require any county ofBcer, or any officer whose salary is paid by the
county, to make a report under oath to them, on any subjects or matters con-
nected with the duties of their offices; and the said officers are hereby required to
make such report whenever called upon by resolution of any such board; and if
any such officer neglect or refuse to make suet report he shall be deemed, guilty
of a misdemeanor.

2 R. S. 931.



Boards of Supervisors may Establish Disputed Town Lines; Publication Tliereof.

15. To fix, establish, locate and define disputed boundary lines between the
several towns in their respective counties, by a resolution to be duly passed by a
majority of all the members elected to such board. A notice of intention to apply
to such board, to fix, establish, locate and define such disputed boundary line,
particularly describing the same, and the line as proposed to be acted upon by
such board, signed by the supervisor, town clerk and two or more of the justices
of the peace of some one of the towns to be affected by such resolution, shall be
published for four weeks successively before the meeting of the board at which
such resolution is to be presented, in all newspapers printed in such county, it
not more than three in number, but if they exceed three in number, then in the
three having the largest circulation in such county. A copy of such printed
notice shall also be served personally, at least fifteen days before the meeting of
such board, on the supervisor and town clerk of each of the other towns to be
aifected thereby. A copy of the resolution as adopted, which shall contain the
courses, distances and fixed monuments specified in such boundary line or lines,
together with a map of the survey thereof, with the courses, distances and fixed
monuments referred to therein, plainly and distinctly marked and indicated
thereon, shall be filed in the offiee of the secretary of State within thirty days



Powers and Duties op the Board. 471

after the adoption of such resolution, and it shall be the duty of such secretary to
cause the said resolution to be printed with the laws of the next legislature, after
the adoption thereof. A copy of such resolution shall also, within the same time,
be published for two successive weeks in all the newspapers printed in such
county, but if they exceed three in number, then in such three as the said board
shall designate for that purpose, the expenses of such publication to be paid
by the town causing the publication of the notice of the application to such
board.

Added by Lawsof 1870, chap. 361 ; 2 R. S. 931.

See §§ 108, 109, 66, ante.

Board to Fix Amount for Taxes Paid in Case of Disputed Boundary Lines of

Towns.

16. To ascertain, fix and determine the amount to which any person, persons or
corporation is equitably entitled to receive back from any town or towns for taxes
paid while the boundary line between such towns was in dispute, and to levy and
assess such amount upon such town or towns, and cause the same to be collected
in the same manner that other taxes are levied, assessed and collected.

Added by Laws of 1873, chap. 119; 2 R. S. 931.

Powers in the Fourth Section by icJiat Vote to be Exercised.

§ 5. None of the powers prescribed in the last section shall be exercised except
by a vote of a majority of all the members elected in the county, nor shall such
power be exercised under the fifth, tenth and thirteenth subdivisions of said sec-
tion, without a vote of two-thirds of all the members elected to such boards.

2 R. S. 932.
§ 6 repealed by chap. 160, Laws of 1885, which see, except as to New York an
Kings counties.

Every Resolution to be Signed and Recorded.

§ 7. Every resolution of any board of supervisors passed in pursuance of the
provisions of this act shall be signed by the chairman and clerk of such board
and be recorded in the book of miscellaneous records of such county.

2 R. S. 932.

Comptroller to Loan Money to Towns and Counties.

§ 8- The comptroller is hereby authorized to loan to any of the towns or coun-
ties of this State, any money in the treasury belonging to the capital of the com-
mon school fund, as is authorized by this act to be borrowed by any county or
town, whenever application is made to him by the treasurer of such county.

Id.

Securities to be Given for Loans.

8 9. When such moneys are loaned to such county, the treasurer thereof shall
execute his official bond for the payment thereof, and when loaned to any town
the supervisor thereof shall execute his official bond in like manner.

Id. 933.

AUowed to Supervisors for Travel, etc.

S 10. Each supervisor shall receive over and above the per diem compensation
now allowed by law, eight cents per mile for all necessary travel in the discharge
of his official duties, and three cents for each name (for making a copy of the as-
sessment-roU of his town and making out the tax bill to be delivered to the col-
lector), for the first hundred names, two cents per name for the second hundred
names and one cent per name for each name over two hundred. But no per
diem allowance shall be made to any supervisor while employed in making out
such copy of tax.

Supersededby Laws of 1875, chap. 482. § 8, as to pay for attending board of super-
visors and copying roll.



473 Supervisors' Manual.

Sepeal.

^11. Nothing in this act contained shall abridge the powers of any board of
supervisors which they now possess, and which are not inconsistent with the
provisions of this act, and all acts and parts of acts inconsistent with the pro.
visions of this act are hereby repealed.

2 R. S. 933.

Decisions Under La-ws of 1849, Cbap. 194.

The question whether a town has been legally erected may be tested in an action
in the nature of quo warranto, against one claiming to exercise the office of super-
visor of such town.

People T. Carpenter, 24 N. T. 86.

The act of the board dividing a town and forming a new one from a portion
thereof only described the dividing line; held, that the uncertainty was cured by
the reference in such act to the petition, etc., upon which it was founded, and
from which it appeared that the new town was to lie south of the line of division,
and by proof aliunde that the place named in the act for holding the first town
meeting was south of such line.

Id.

This statute does not, it seems, require that the published copy of notice of the
application of twelve freeholders for the erection of a new town shall contain
names of such applicants. It is sufficient that the notice posted should be thus
subscribed.
Id.

An affidavit stating that a notice was left with another person to be posted up,
" which was done," construed as a positive averment of the posting.

Id.

The act of the supervisors is, it seems, one of a legislative character, in favor
of the regularity of which all presumptions are to be indulged. Those who
would impeach it have the burden of disproving a compliance with the conditions
imposed by law as requisite to the exercise of the power.

Id.

The act authorizing the board to make laws for the protection of shell and other
fish is constitutional. It was not necessary to limit the penalties, but the board
should provide for the violation of the laws they should enact.

Smith T. LeTinus, 8 N. Y. 472.

The act of the supervisors in altering town lines or erecting new towns is one



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 50 of 96)