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 57 of 96)
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the board of supervisors by county superintendents of the poor, as the efficiency
of the service and the protection of the interests of the public may require, all
such rules, regulations and amendments thereto to be adopted by such boards of
supervisors at a regular session of the board.

8 3. This act shall not apply to the county of Richmond.

§ 3. This act shall take eSect immediately.

See next section.

§ 568. Under the Laws of 1887, chapter 655.

AN ACT to confer upon boards of supervisors the power to regulate the disburse-
ment of temporary or out-door relief to the poor, in their respective counties.

May IHreet Tax to be Paid to Overseer.
Section 1. The board of supervisors of any county in this State may by reso-
lution direct that the money to be raised in the seVeral towns of said county for
the support of the poor in said town, be paid to the overseers of the poor of the
respective towns, instead of to the county treasurer, and that the warrants at-
tached to the tax-rolls in said county direct accordingly.

Temporary Relief.
% 3. The board of supervisors of any county may make such rules and regula-
lions as it may deem proper in regard to the manner of furnishing temporary or
out-door relief to the poor of the several towns in said county by the overseers of
the poor thereof, and also in regard to the amount such overseers of the poor may
expend for the relief of each person or family, and after the board of supervisors
of any county shall have made such rules and regulations, it shall not be neces-
sary for the overseers of the poor of the towns in said county to procure an order
from a justice of the peace, or the sanction of the superintendent of the poor to
expend over ten dollars for the relief of any person or family, unless the board
of supervisors of such county shall so direct, but this shall not apply to the
oounties of New York, Kings and Onondaga.

§ 569. Under the Laws of 1886, chapter 644.

AN ACT to enable any county, city or town in the State of New York to lease its
public buildings, or a part thereof, to posts of the Grand Army of the Republic.

May Lease Public Buildings, etc.
Any county, city, town or village in the State of New York is authorized to
lease or grant the use of, for a period not exceeding five years, to any post or
posts of the Grand Army of the Republic, or other veteran organization of hon-
orably discharged soldiers, sailors or marines of the late war, any public building,
or any part thereof, belonging to such county, city, town or village, except school-
houses, in actual use as such, without expense, or at a nominal rent to be fixed
by the board of supervisors of such county, or the board of aldermen of such city,
or the board of trustees of such village, or the board of town officers of such
town, having charge of such buildings.

Laws of 1886, cliap. 644, § 1, as amended by Laws of 1888, chap. 62, J 1 .

All acts or parts of acts inconsistent with the provisions of this act are hereby
repealed.

Id.



Powers and Duties of xhe Boabd. 511

§ 570. Drafted Men. Under chapter 525, Laws of 1887.
Powers of Boards of Supervisors to raise Money by Tax.

Section 1. In each city or town of the State where provision has not been
already made at the public expense to meet the requirements of the several drafts
made under the act of congress, entitled " An act for enrolling and calling out
the national forces and for oth^r purposes," approved March 3, 1863, and the acts
amendatory thereto, while the option of commutation by the payment of $300 re-
mained; said drafts having been enforced under proclamation of the president of
the United States, subsequently made to furnish troops to replenish the armies of
the United States, the board of supervisors are authorized and directed, if a ma-
jority of the legal voters of such city or town, who are tax payers and voting at
the next annual city election, or the next annual town meeting, vote in favor of
such refunding or relief, to raise by tax, in whole or in annual installments, not
exceeding five years, in the same manner as other taxes are authorized by law to
be assessed, levied and collected by them, a sum sufficient to pay, as follows:

To Drafted Men viKo Died or were Killed in Service $300.

1. To each man, or his heirs at law, who having been drafted in one of the sev-
eral drafts, under said conscription act, or acts amendatory thereto as aforesaid,
in order to fill the quotas of the several cities and towns of the State, to supply
the armies of the United States with troops, went personally into the service as a
drafted man and has been honorably discharged therefrom, and to the heirs at law
of each man, who having been so drafted, and having gone into such service as a
drafted man, died or was killed in such service, the sum of $300, or such sum as
the town or city has received on account of such drafted man, with interest at the
rate of six per centum per annum for six years.

2. To each man, or to his heirs at law, who having been drafted as aforesaid,
furnished a substitute who was accepted, a sum equal to the amount paid by him
for such substitute, not, however, exceeding the sum of $300, or such sum as the
town or city has received on account of such drafted man, with interest at the
rate of six per centum per annum for six years.

3. To each man, or his heirs at law, who, having been drafted as aforesaid, paid
the commutation of $300 (the sum established by law), "for the procuration of a
substitute," the sum of $300, or such sum as the town or city has received on ac-
count of such drafted man with interest at the rate of six per centum peri annum
for six years.

Vote to be Taken at Annual Election ; Notice to be Given

§ 3. A vote for the decision of the aforesaid question of refunding and relief
ishall be taken in the cities and towns, as aforesaid, at the annual city or town
election in the year 1891. The clerk of such city or town shall give public notice
of the submission o£, the aforesaid question at such ensuing election by posting
notices to that effect in at least ten public places in cities and at least five public
places in towns at least twenty davs before such election.

Style of Ballot.

§ 3. The ballots to be used by the legal voters, who are tax payers, in voting
upon the said question of refunding and relief shall be entitled ' ' For the re-
funding and the relief of the drafted men " and " Against the refunding and the
relief of the drafted men." A separate ballot-box shall be provided for these bal-
lots, provided that there shall not be any liability on the part of any city or town
under and by virtue of the provisions of this act, unless the ballot entitled " For
the refunding and the relief of the drafted men " shall receive a majority of the
whole number of votes cast at such election by the legal voters who are tax pay-
ers, and in order to enable the result to be correctly ascertained, the inspectors of
election shall certify and file with the officers required by law, returns showing
the whole number of balwts cast at such election "For. the refunding and the
relief of the drafted men " and the whole number of the ballots cast for the bal-
lots " Against the refunding and the relief of the drafted men," and unless the
ballot entitled " For the refunding and the relief of the drafted men" shall have
received a majority of the whole vote cast at such election by the legal voters who
are tax payers the same shall be deemed unfavorable to said ticket.



512 Sdpektisoes' Manual.

Semlt to be Certified to Board of Supeniaors if Favorable — Money to be Deposited
with County Treasurer.

1 4. The result of such election if favorable to the drafted men shall be certified
to the board of supervisors at the opening of their next annual meeting by the
mayors of the cities and by the supervisors of the towns, vrhereupon the board
of supervisors shall proceed to levy tax upon sudi cities and towns the needed
amount to pay their drafted men as aforesaid. All moneys thus raised shall be
deposited with the county treasurer, and be paid by him to meet the claims arising
under this act ; but no claim shall be paid which has been transferred, sold or as-
signed, either in whole or in part, either before or after the passage of this act.
The ownership of the claim must be made to appear to the satisfaction of the
county treasurer by the affidavit of the party or parties making such claim.

Balances.
§ 5. In all cases where the payment of said commutation and for substitutes
and for relief has been assumed in part, or made in part, by any of the said cities
or towns, the balance only shall be paid to said drafted men, as aforesaid, by such
cities or towns.

Money Obtained by Donation, Loan or Mutual Insurance.
§ 6. In all cases in which the money, or any part thereof, paid in commutation,
or for a substitute under said drafts, was obtained by donation or loan, or in mu-
tual insurance to the individuals drafted and held to service paying the same, or
for whom the same was paid, the board of supervisors are directed to pay heirs
at law the balance only with interest, if any, to the said drafted man or to his
heirs at law.

Three Months^ Notice to Interested Persons.
§ 7. The board of supervisors, where payments are made under this act, shall
give three months' notice to all persons interested in such a manner as they may
designate, such notice to be by advertisement for said length of time in the
newspapers published in the county, authorized to publish the session laws ; all
claims not presented to the county treasurer within the said three months, except
the claim of the drafted men themselves or their heirs at law, shall be forever
barred.

Exemptions from Provisions of Tliis Act.
§ 8. The counties of Kings, Queens, New York, Richmond, Putnam, Westches-
ter, Rockland and Sullivan, and the cities of New York, Brooklyn, Albany, Co-
hoes, Troy, Syracuse, Rochester and Buffalo, and the towns of Kinderhook in
Columbia county; Rensselaerville in Albany ; Greenbush in Rensselaer ; Fort Ed-
ward in Washington ; Bleecker in Fulton ; Herkimer and Russia in Herkimer ;
Stockbridge and Smithfield in Madison ; Antwerp in Jefferson ; Mendon and
Pittsford in Monroe ; Waterloo in Seneca ; Allen in Allegany ; St. Armond in
Essex ; and Westford in Otsego, having already made provision for the dratted
men of the class aforesaid, are hereby exempt from the provisions of this act.

Exemption from Taxation.
§ 9. Every person who enlisted or served in the army or navy of the United
States, and who has been honorably discharged therefrom, shall be exempt from
taxation under provisions of this act .

Laws of 1887, chap. 525.

§ 571. Municipal Indebtedness.

For laws for providing for borrowing money on bonds, refunding debts, etc.,
see Chapter XV, post.



CHAPTER X.
BOAED OF SUPERYISOES {Continued).

MISCELLANEOUS DUTIES.

Seo. 572. State taxes. Sec. 642-3. Relative to county judge.

573-7. Grand jurors. 644-6. Tillage water commissioners, etc.

578-586 . Common schools. 647-9 . Relative to county clerk.

587. Common school fund. 650-61. Relative to county treasurer.

588-601. U. S. deposit fund. 662-9. Relative to surrogate.

602-8. State militia. 670-84. Relative to sherifi.

609. Assembly districts. 685-706. Weights and measures.

610-11. Game and fish. 707-28. Support of the poor.

612. Power to accept donations. . 729. Support of the poor — Excise

613 . May not in ordinance discriminate. moneys.

614-15. Attorney, may employ. 730. Support of prisoners on civil pro-

616. May compromise judgment. cess.

617. Manifest errors, etc. 731. Support of State paupers.

618. Fix compensation for conveying 732-3. Support of county or town pau-

Juvenile delinquents. pers.

619-21. Burial of deceased soldiers, etc. 734-46. Support of insane — indigents.

622-4. Publishing laws, 747. Support of insane — chronic pauper.

623. Publishing election notices. 748-56. Support of insane — criminal.

627-631. Publishing audits, etc. 757-60. Support of idiots, etc.

632-6. Reports to supervisors. 761-7. Benevolent institutions.

637-40. Relative to district attorney. 768-71. Appointments to office.

641. Relative to assistant district attor- 772. Resignations of office.

ney. 773. Veterans to be preferred.

§ 572. State Taxes.

A statement of the amount of assessment for eacli county, as fixed by the board
of equalization (the State board) shall be certified by said board and deposited in
the office of the comptroller as soon as completed, and before the tenth day of Oc-
tober in each year. The comptroller shall immediately ascertain from this assess-
ment the proportion of State tax each county shall pay, and send a, statement of
the amount by mail to the county clerk and the chairman and clerk of the board of
supervisors of each county.

If the name or residence of the chairman or clerk of the board of supervisors
shall be unknown to the comptroller, he may inclose such statement in an envel-
ope addressed to him by his name of office, and directed to the county town of
the county. The county clerk shall file the statement received by him in his
office, and immediately send a copy thereof to the chairman of the board of super-
visors of the county.

Laws of 1859, chap. 312, § 8; 2R. S. 1000.

The amount of State tax which each county is to pay, as so fixed and stated
by the comptroller as aforesaid, shall be raised and collected by the annual col-
lection of taxes, in the several counties in the manner now prescribed by law.

Id., 8 9.

The moneys necessary to defray the county charges of such county shall be
levied on the taxable property in the several towns in such county, in the manner
prescribed in the thirteenth chapter of this act. And in order to enable their re-
spective county treasurers to pay such contingent expenses as may become pay-
able from time to time, the boards of supervisors of the several counties shall

65



514 SuPEKVisoRS' Manual.

annually cause such sum to be raised in advance, in their respective counties, as
they shall deem necessary for that purpose.

2 B. S. 969, § 5.

If the board neglect or refuse to include and assess such taxes, mandamui
lies to compel them to do so.



TO PREPAEE LIST OF GEAND JUEOES.

§ 573. liist of Grand Jurors.— The supervisors of the
several counties of this State, except the city and county of New
York, at their annual meeting in each year, shall prepare a list of the
names of three hundred persons, to serve as grand jnrors at the courts
of oyer and terminer, and courts of general sessions, to be held in
their respective counties during the then ensuing year, and until new
lists shall be returned.

8 E. S. 2558.

If the county judge of any other county, except the county of
New York, shall at any time be of opinion that a greater number of
persons than that herein required should be returned to serve as
grand jurors in his county, he may, by an order under his hand, di-
rect such number to be increased ; but such increase shall not exceed
one-half the number herein required to be selected for such county.

Id. 2559, t 8.

§ 574. Duty of Supervisors.— Upon any order which
is authorized by the last section being served upon the board of su-
pervisors, they shall, at their next annual meeting, increase the num-
ber of persons returned by them to serve as grand jurors, pursuant to
such order.

Id.

The Code of Criminal Procedure provides that a grand jury may
be drawn for every court of sessions (other than that of the city and
county of New York) when specially ordered by the com-t or by the
board of supervisors.

§226.

If the order is made by the board of supervisors, a copy thereof,
certified by the clerk of the board, must "be filed with the county clerk
at least twenty days before the term, and when so filed is conclusive
evidence of the authority for drawing the jury.

S 227.

This does not apply to New Tork, Kings and Albany counties.



BOAED OF SUPEKVISOKS — MiSOELLAlSrEOUS DUTIES. 515

"Who to be Placed on liist.— In preparing such lists,
the said boards of supervisors shall select such persons only as they
inow, or have good reason to believe, are possessed of the qualifica-
tions by law required of persons to serve as jurors for the trial of is-
sues of fact, and are of approved integrity, fair character, sound
judgment, and well informed.

8 R. S. 2558, § 3.

§ 575. WllO to be Omitted. — Persons exempt by law
^rom serving as jurors for the trial of issues of fact shall not be
placed on any list of grand jurors, required ly the preceding pro-
"visions.

Id.

§ 576. Contents of Lists, etc — The lists so made out by
the said board of supervisors shall contain the christian and surnames,
•at length, of the persons named therein, their respective places oi
residence, and their several occupations; it shall be certified by the
«lerk of the board of supervisors, and shall be filed in the office of
the clerk of the county, within ten days after the first day of the
meeting at which the same is herein directed to be made.

Id.

Tliis list is generally made out by the supervisors of each town and presented
•to the board at the commencement of the session, so that it may be sent to the
committee to complete, report and file with the county clerk mtMn ten dwys after
the first day of the session.

For form of such list and the duties of such supervisors, see ante, § 62.

§ 577. Form of Report of Committee on
Grand Jury List.

■To THE HONOHABIiB THE BOARD OP SUPERVISOBS OF COUNTT:

Tour committee, to Trhom was referred the duty of preparing the list of grand
jurors to serve as such for the ensuing year, would report, that we have selected
ftom the qualified inhabitants of said county the whole number, three hundred,
a list of whose names is hereto annexed, to act as grand jurors therein, appor-
tioned to the several towns and wards as follows;

ANNSVILLE.

John W. Sullivan, farmer Qlenmore.

Wesley Hillman, farmer Taberg.

-George Gibbons, farmer McConnellsville.

Jacob Mack, farmer Taberg.

Philo S. Lake, farmer Taberg.

John Finn, farmer. Glenmorc.

William B. Ferguson, farmer Taberg,

(And so on imth each (own.)



516 Supervisors' Manual.

We recommend the adoption of the following resolution:

Beaolved, That the persons, a list of whose names is hereto annoxed and above
mentioned, be and each of them is hereby designated and selected to act as
o-rand jurors in and for said county, during the ensuing year and until a new lis!
shall be returned.

All of which is respectfully submitted.

O. F. HULSER,

Dated , 188 . Chairmah.

DUTIES IN KELATION TO COMMON SCHOOLS.

§ 578. Wlien to Increase Salary of Commis-
sioners. — Whenever a majority of the supervisors from all
the towns composing a school commissioner district shall adopt a
resolution to increase the salary of their school commissioner, be-
yond the $1,000 payable to him from the free school fund, it shall
be the duty of the board of supervisors of the county to give effect
to such resolution, and they shall assess the increase stated therein
upon the towns composing such commissioner district ratably, ac-
cording to the corrected valuations of the real and personal estate of
such towns.

Laws of 1864, chap. 555, tit. 2, 88, as amended by Laws of 1885, chap. S40; 2 R. S.
1145.

The board of supervisors shall annually audit and allow to each
commissioner within the county the fixed sum of $200 for his e.x-
penses, and shall assess and levy that amount annually by tax upon
the towns composing his district.

Id., § 9, as amended by Laws of 1867, chap. 84; 2 R. S. 1145.

§ 579- To Raise Money. — There shall be raised by tax
in the present and each succeeding year, upon the real and personal
estate of each county within the State, one mill and one-fourth of a
mill upon each and every dollar of the equalized valuation of such
estate, for the support of common schools in the State ; and the
proceeds of such tax shall be apportioned and distributed as herein
provided.

Id., tit. 3, §1, as amended by Laws of 1867, chap. 406; 2 R. S. 1147.

No clerk of any board of supervisors, or other person who shall
make out the tax list or assessment-roll of any town, shall omit to
include and apportion among the moneys to be raised thereby the
amount hereby required to be raised for the support of schools, by
reason of the omission of the board of supervisors to pass a reso-
lution for that purpose.

Id., §2; 2R.S. 1147.



BOAED OF SUPBEVISOES — MISCELLANEOUS DUTIES. 517

§ 580. When Comptroller May Witbliold

JBlLoiieyS, — The comptroller may withhold the payment of any
moneys to which any county may be entitled, from the appropriation
of the incomes of the school fund and the United States deposit
fund for the support of common schools, until satisfactory evidence
shall bo furnished to him that all moneys required by law to be
raised by taxation upon such county, for the support of schools
throughout the State, have been collected and paid or accounted for
to the State treasurer ; and whenever, after the first day of March
in any year, in consequence of the failure of any county to pay such
moneys on or before that day, there shall be a deficiency of moneys
in the treasury applicable to the payment of school moneys to which
any other county may be entitled, the treasurer and superintendent
of public instruction are hereby authorized to make a temporary
loan of the amount so deficient, and such loan and the interest
thereon at the rate of twelve per cent per annum, until payment
shall be made to the treasury, shall be a charge upon the county in
default, and shall be added to the amount of the State tax, and
levied upon such county by the board of supervisors thereof, at the
next ensuing assessment, and shall be paid into the treasury in the
same manner as other taxes.

Id., § i, as amended bj Laws of 1867, chap. 406 ; 2 R. S. 1147.

§581. Union Scliool Districts.- By Laws of 1875,
chapter 482, section 1, subdivision 28, as amended by Laws of 1878,
chapter 239, boards of supervisors have power " To authorize boards
of trustees or of education in any union free school districts, or trus-
tees of common school districts, established ia conformity to the
general or to any special law of this State, on the application of a
majority of the taxable inhabitants of the district, voting on the
question at a duly called meeting, to sell or exchange real estate be-
longing to the district for the purpose of improving or changing
fichool-house sites, and to increase or diminish the number of mem-
bers of said boards."

§ 582. Dissolution of Union Free Scliool Dis-
tricts. — ^In any union free school district established under the
laws of this State, it shall be the duty of the board of education,
upon the application of fifteen resident tax payers of such district,
to call a special meeting, in the manner prescribed by law, for the
purpose of determining whether application shall be made in the
manner hereinafter provided, for the dissolution of such union free



518 SuPEEvisoKs' Manual,

school district and for its reorganization as a common school district
or districts.

Laws of 1880, chap. 210, § 1 ; 2 R. S. 1199.

If Two-Thirds Vote to Dissolve— Applica-
tion to Board of Supervisors.— * * * * Whenever,
at any such meeting called and held as aforesaid, it shall be determined
by a two-thirds vote of the legal voters present and voting, to be
ascertained by taking and recording the ayes and noes, to dissolve such
union free school district, it shall be the duty of the board of educa-
tion to present to the clerk of the board of supervisors a certified
copy of the call, notice and proceedings, and the said clerk shall lay the
same before the board of supervisors at their next meeting. If the
board of supervisors shall approve of the proceedings of said meet-
ing, the clerk shall certify the same to the board of education. Such
approval shall not take effect until the day preceding the first Tues-
day of August next succeeding ; but after that date such district
shall cease to be a union free school district.

Id., § 2.

But if at such meeting a majority vote by yeas and nays deter^
mine not to dissolve such district, no other meeting for a similar
purpose shall be held within three years thereafter.

Id., as amended by Laws of 1889, chap. 245; 2 B. S. 1199.

§ 583. Action of Supervisors in Case of Con-
solidation of T-wo or More Districts.— If any

union free school district dissolved under the foregoing provisions



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 57 of 96)