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 6 of 96)
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vance, with which to pay up such existing bonds, when they shall become due
and payable; and provided further, that such new bonds shall bear interest at a
rate not exceeding four per centum per annum, payable semi-annually or quarterly.
All existing bonds taken up by the substitution of such new bonds, or paid under
the provisions of this act, and all new bonds and coupons, when paid up as herein
provided, shall be immediately canceled as now provided by law, and a certificate
executed by the officers issuing such new bonds shall be forthwith made and filed
by them in the county clerk's office of the proper county, which shall state the
amount of existing bonds so canceled and of new bonds so issued. This act shall
not be so construed as to authorize the issue of new bonds to supersede or pay
existing bonds which have been adjudged invalid by the final judgment of a com-
petent court. The new bonds so to be issued shall be made payable at any period
or periods deemed advisable by the officers issuing the same, not less than one
year nor more than forty years from their date; and shall bear date and draw in-
terest from the date of the payment of existing bonds, or the receipt of the money
to pay existing bonds; and an amount not less than two per cent of tlie whole
amount of said bonds so issued shall be made payable and shall be paid and re-
tired, each and every year after the issue thereof, and said bonds shall be issued
in no case at less than for their par value.

Parker v. Supervisors, 106 N. Y. 392.

^ 3. Bonds — Recitals in. — The bonds issued under the provisions of this act
w£en submitted* or sold to retire existing bonds, by any authorized officers of
any town, village, city or county, or their successors in office, shall be valid and
binding on the town, village, city or county wherein they are issued, and such
bond shall contain a recital that they are issued under the provisions of this act,
and such recital shall be conclusive evidence in any court of the validity of said
bonds and the regularity of their issue.

§ 3. Exempt from Taxation.— k\\ new bonds issued by any village, city, town
or'county in this State, under the provisions of this act, shall be exempt from
taxation for town, county, municipal or State purposes, until the period when
they are made payable.

§ 4. BaUroad Commissioners, Svperoisors, etc., to Report Annually. — It shall be
the duty of the railroad commissioners, supervisors and financial officers of towns,

* So in original.



46 Supervisors' Manual.

villages, cities and counties, having in cliarga tile money received and collected,
and responsible for the payment of the interest and principal due on bonds issued
under this act, and they are hereby required to report annually to the board of
supervisors of counties, the trustees of villages and the mayor and board of alder-
men or common council of cities as the case may be, as now required by law, the
sum due and payable the succeeding year, both principal and interest on said
bonds.

§ 5. Levy of Tax to pay Interest. — It shall be the duty of the board of super-
visors of counties, the trustees of villages, and the board of aldermen and the
common council of cities, and they are hereby required to levy and collect in each
year upon the towns, villages, cities or counties severally obligated, moneys suffi-
cient to pay such interest when and as it shall fall due, and the principal of such
bonds, when and as the same shall become due and payable.

§ 6. Commissioners to give Bonds. — Before the said commissioners or either of
them shall enter upon the discharge of their duties under this act, they shall
jointly and severally, with two or more sureties, execute to the supervisor of said
town or city a bond in the penal sum equal to one-fourth the amount to be issued
by said town or city under and by virtue of this act, conditioned for the faithful
discharge of their duties as commissioners under this act and existing laws, and
for the just and honest application by them of all moneys, or bonds issued by
them or coming into their hands as such commissioners. The sufficiency of said
sureties shall be determined by the supervisor of said town or city, or the county
judge of the county wherein said town is situated, or any justice of the supreme
court, and shall be indorsed on said bonds. The said bond shall immediately
thereafter he deposited with the supervisor or supervisors of said town or city, to
be collected by him or his successors in office for the use and benefit of said town
or city, in case the said commissioners, or either of them, are guilty of such a
breach of duty or malfeasance in office as to render said bonds collectible; and it
is further provided, that any willful misappropriation or embezzlement, or wrong-
ful conversion of any said town bonds, or the moneys' arising from the same,
or the moneys to be raised by a sale thereof, as provided by this act, or of moneys
to be raised by a tax as aforesaid, to an amount exceeding $1,000, shall be a felony
punishable by imprisonment in the State prison for a term not exceeding ten years.

§ 7. This act shall take effect immediately.

See Parker v. Supervisors, 106 N. Y. 392.
The form of this report can be made from the preceding one.

§ 60. liist of Collectors and Assessors.— Duty
of Town and City Clerks.— The clerks of the cities of
New York, Albany, Hudson, Schenectady and Troy, and the town
clerks of the several towns, shall yearly, before the first day of
October in each year, certify and deliver to the supervisors of their
respective towns the names of all the assessors and collectors in their
respective cities and towns, and the same shall be delivered to the
board of supervisors at their next meeting.

2 R. S. 1048.

§ 61. As to Sheep Injured by Dog-s.- When the
owner of sheep injured by dogs shall, produce to the supervisor the
certificate of the fence viewers, showing the amount of the damage,
and his own affidavit that he has failed to discover the owner or
possessor of the dogs, or that he has failed to recover his damages,
the supervisor shall lay the same before the board of supervisors at
the next meeting.

8 B. S. 2118, § 12.



The Supervisoe.



47



The board of supervisors issue an order therein to the county
treasurer therefor.

Id., § 13.
See post, "Dogs."

This law does not apply to those counties which have adopted the act known as
the " Ontario Count j Law."

See 3 R. S. 2120, or chap. 197, Laws of 1864.

§62. List of Grand Jurors. — As the list of grand
jurors must be made out and filed by the board of supervisors within
ten days after the first day of the annual meeting, the supervisor of
each town should present to the board of supervisoi's, immediately
after the board convenes, a list of such persons in his town as he
deems qualified to serve as grand jurors. Such persons must be,

1st. Qualified to serve as jarors for the trial of issues of fact.

2d. Of approved integrity, fair character, sound judgment and
well informed.

3d. And not exempt from serving as trial jurors.

This list should contain the Christian and surnames in full, their places of resi-
dence 'and occupation.

3 R. S. 2558.

The whole number for each county, except New York, is three hundred, and is
apportioned among the towns according to the population of each. This number
may be increased by the order of certain judges.

Id. 2559.

For New York and Albany counties this is not applicable.

Form of —

To THE HOKOKABLE, THE BOABD Of'SuPEKVISOES OF ReNSSELAEK COTINTT:

The following is a list of grand jurors selected by the supervisor of the town
of Hoosick from the qualified inhabitants thereof :



NAMES.


Occupation.


Residence.




Blacksmith




(Add other names in full.)





I hereby certify that the foregoing is a list of grand jurors selected by me from
the qualified inhabitants of the town of Hoosick.
Dated iVoDemier 10, 1885. G. W. M.,

Stjpeevisok .

§ 63. To Report to Superintendent of Public
Instruction.

Laws of 186i, chap. 555, tit. 3, § 21 ; 2 R. S. 1151.

The superintendent of public instruction is required to report
annually to the legislature as to whether there are within towns, any



48 Supervisors' Manual.

" gospel or school " lots, describing the same, and to what use they
are put by the town, if leased, to whom, for what term and upon
what rents, and whether the town holds or is entitled to any land,
moneys or securities arising from sale of such lots, the investment of
the proceeds or of the rents or income thereof, and a full statement
and account of such lands, moneys and securities.

Chap. 555, Laws of 1864, tit. 3, § 19.

Also whether any town has a common school fund originated un-
der the act of 1829 (inserted in full, post), and if it have, the
full particulars thereof and of its investment, income and applica-
tion.

Id., § 20.

And to these ends he is authorized, at any time and from time to
time, to require from the supervisor, board of town auditors, or any
officer of a town, a report as to any fact, or any information or ac-
count he may deem necessary or desirable.

Id., §21.

§ 64. To Report Paupers to the Clerk of
Board of Supervisors. — It shall be the duty of the su-
pervisi>r of every town, in those counties where all the poor are not
a county charge, to report to the clerk of the board of supervisors,
within fifteen days after the accounts of the overseers of the poor
have been settled by the board of town auditors, in each year, au
abstract of all such accounts for the preceding year, which shall
exhibit the number of paupers that have been relieved or supported
in such town the preceding year, specifying the number of county
paupers and of town paupers, the "whole expense of such support,
and specifying the allowance made to overseers, justices, constables
or other officers, and any other items which shall not comprise any
part of the actual expense of maintaining the paupers.

The said abstracts shall be delivered by the clerk of the board of
supervisors to the county superintendents, to be included by them
in their report aforesaid.

Any supervisor who shall neglect or refuse to make such reports,
abstracts or copies aforesaid, or who shall willfully make any false
report, shall forfeit $100.

3 R. S. 1868, § T6.

This report is only to be made by the supervisors of those coun-
ties where all the poor are not a county chara;e.

The boai-d of town auditors meet for this purpose on the Tuesday



The Supeetisoe. 49

preceding the annual town meeting, so that this report must be

made within fifteen days thereafter. The supervisor in office at

the time the accounts are audited should make the report, but if he

does not, his successor must do so, or he will be liable for the neglect.

Form of report :

To THE Clerk op the Boahd op Super visors:

The undersigned, supervisor of the town of , in the county of re-

spectfully reports as follows:

The number of paupers supported or relieved in the town of ,

during the year ending the i day of , 18 , as appears from

the accounts of the overseers of the poor, was

Of these, the number of county paupers was

" " town "

The whole expense of such support was $

Of this sum there was paid for transportation of paupers

Allowance made to overseers for their services

' ' " justices

" " keepers and officers

" " physicians for services and medicines

" " overseers for support of county paupers

" " for town paupers

The actual value of the labor of the paupers maintained was

Estimated amount saved in the expense of their support, in consequence
of their labor, was

[Insert any other clmrges there may 6«.]

Of the whole number of paupers relieved by the overseers, there were
foreigners, lunatics, idiot and mutes. The number of paupers under

their charge, at the time of auditing their accounts, was ; of which

were males and females. The vested poor money of said town amounts to

dollars. The sum raised by tax upon the town, for the support of the poor
for the year preceding this report, was dollars.

I certify that the foregoing is a correct abstract of the accounts of the overseers
of the poor of the town of , for the year ending the day of ,

18 , as they were settled by the town auditors.

Dated , the day of , 18 . CD.,

SnPBRVISOR.

Report, as to commitments or appointments to State benevolent institutions,
within ten days. See post. Benevolent Institutions.

§ 65. To Make a Return of Moneys in their
Hands to the County Treasurer. — On the first
Tuesday in March in each year, each supervisor shall make a return
in writing to the county treasurer for the use of the school com-
missioners, showing the amounts of -school moneys in his hands not
paid out on the orders of trustees for teachers' wages, nor drawn by
them for library purposes, and the districts to which they stand ac-
credited (and if no such moneys remain in his hands, he shall report
that fact) ; and thereafter he shall not pay out any of said moneys
until he shall have received the certificate of the next apportion-
ment ; and the moneys so returned by him shall be reapportioned as
hereinbefore directed.

Laws 1864, chap. 655, tit. 4; 2 R. S. 1155.

7



50 Supervisors' Manual.

Form of report :

To THE County Tbeasuber of the Cottntt of Rensselaer:

The undersigned, supervisor of the town of Schodack, in said county,
hereby returns and reports that the amount of school money in his
hands not paid out on the orders of trustees, for teachers' wages, nor
drawn by them for library purposes, is $700 00

That said moneys stand accredited to the districts as follows:

District No. 1 50 00

District No. S ■ 75 00

$

Dated. (Signature.)

§ 66. To tlie State Eng'ineer and Surveyor.—
State Boundary Monuments — The supervisors and
commissioners of highways of any and all towns of this State which
may adjoin any of the boundary lines of the State are hereby charged
with the care and preservation of the monuments which have here-
tofore been placed, or may hereafter be placed, by official action, to
mark the said boundary lines. And the said supervisors and com-
missioners of highways are hereby required to enforce the statutes
of this State for the preservation of monuments and land-marks, so
far as they may relate to said boundary moniiments, and to prose-
cute any person who may injure, disturb or remove any of them.

§ 3. The State engineer and surveyor is hereby authorized and directed during
the year eighteen hundred and eighty-seven, and every third year thereafter, to
cause to be made an examination and inspection of all the said monuments upon
the State boundary and to make a detailed report thereof to the legislature, and
if any such monuments be found injured, displaced or removed, said State engi-
neer and surveyor is hereby authorized and directed, in co-operation with persons
duly authorized by the adjoining State, to restore and replace the same and to
cause suitable stone monuments to be set wherever such are now lacking, at the
points where said State boundary is intersected by the boundary of any towns or
counties of this State or by any highway, and for the purpose of carrying out the
provisions of this act the sum of three thousand dollars, or so much thereof as
may be necessary, is hereby appropriated therefor, payable by the treasurer upon
the warrant of the comptroller upon the certificate of the State engineer and sur-
veyor, out of any money not otherwise appropriated.

Chap. 449, Laws 1886, as amended by chap. 421, Laws 1887.

§ 67. Account of School Moneys.— To the
TOTrn Cleric. — Within fifteen days after the determination of
his office, to make out a just and true account of all school moneys
theretofore received by him and of all disbursements thereof, and to
deliver the same to the town clerk, to be filed and recorded, and to
notify his successor in office of sucli rendition and filing.

2 R. S. 1155, § 6, subd. 6, or chap. 555, Laws of 1864.

§ 68. Supervisor of To^rn to make List of
Corporations to the Comptroller. — The supervis-



The Supervisor. 51

ors of each town, ward, city or district in this State for which a su-
pervisor is elected shall, on or before the first day of May in each
year, make an accurate list of every corporation, joint-stock com-
pany and association incorporated by this or any other State or
country, located or doing business in such town, ward, city or district
for which such supervisor has been elected, and shall forthwith for-
ward the same to the comptroller of this State, verified by their
oath before some magistrate or person authorized to administer oaths,
to the effect that such list is full and complete to the best of their
knowledge, information and belief.

The comptroller of this State shall, on or before the fifteenth day
of April in each year, forward to the said supervisors suitable forms
for making up the said lists so required to be sent to him.

Chap. 166, Laws of 1881; 1 E. S. 865.

§ 69i All Suits Ag-ainst the ToTvn. — To the
TO'wn Meeting. — In all legal proceedings against towns by
name, the first process and all other proceedings required to be
served shall be served on the supervisor of the town ; and whenever
any such suit or proceeding shall be commenced, it shall be the duty
of the supervisor to attend to the defense thereof, and to lay before
the electors of the town, at their first town meeting, a full statement
of such suit or proceeding for their direction in regard to the de-
fense thereof.

1 R. S. 840, § 3.

§ 70. As to TO'wn Debt. — The report mentioned at sec-
tion 59 is also to be made to the town meeting,

See ante, § 59. >

and add to it, the amount of bonds issued, and the amounts and in-
terest paid since said report, up to the day and date of his term of
office, duly attested before a justice of the peace.

The forms for the more important reports, etc., are set forth ante.
From these, the others can readily be made out .

AS TO COMMON SCHOOLS, SCHOOL DISTEICTS.

§ 71. Li 1864, by chapter 555, the several statutes in relatiojj to
common .schools were consolidated, and, so far as they pertain to the
duties of the suoervisor, are as follows :

Gospel and School Lots.

§ 72. Supervisor's Duties in Relation to.—

The supervisor, by virtue of his office, is trustee for the gospel and



53 SuPEBTisoES' Manual.

school lot funds, lands, etc., and vested with the following powers
and duties:

1. To take and hold possession of the gospel and school lots of
their town.

2. To lease the same for such time, not exceeding twentj-one
years, and upon such conditions as they shall deem expedient.

3. To sell the same, with the advice and consent of the inhabitants
of the town, in town meeting assembled, for such price and upon
such terms of credit as shall appear to them most advantageous.

4. To invest the proceeds of such sales in loans, secured by bond
and mortgage upon unincumbered real property of the value of
double the amount loaned.

5. To purchase the property so mortgaged upon a foreclosure,
and to hold and convey the property so purchased whenever it shall
become necessary.

6. To re-loan the amount of such loans repaid to them, upon the
like security.

7. To apply the rents and profits of such lots, and the interest of
the money arising from the sale thereof, to the support of the gospel
and schools, or either, as may be provided by law, in such manner as
shall be thus provided.

8. To render a just and true account of the proceeds of the sales
and the interest on the loans thereof, and of the rents and profits of
such gospel and school lots, and of the expenditure and appropri-
ation thereof, on the last Tuesday next preceding the annual town
meeting in each year, to the board of auditors of the accounts of
other town officers.

9. To deliver over to their successors in ofBce all books, papers
and securities relating to the same, at the expiration of their re-
spective oflBces ; and,

10. To take therefor a receipt which shall be filed in the clerk's
office of the town.

2 R. S. 1202.

§ 73. "Wlieil Town Divided.— Whenever a town, having
lands assigned to it for the support of the gospel or of schools, shall
be divided into two or more towns, or shall be altered in its limits
by the annexing of a part of its territory to another town or towns,
such lands shall be sold by the trustees of the town in which such
lands were included immediately before such division or alteration,
and the proceeds thereof shall be apportioned between the towns



The Supervisor. 53

interested therein, in the same manner as the other public moneys
of towns, so divided or altered, are apportioned.

The shares of such moneys, to which the towns shall be respect-
ively entitled, shall be paid to the trustees of the gospel and school
lots of the respective towns, and shall thereafter be subject to the
provisions of this title.

Whenever the " trustees of the gospel and school lots " are spoken of ahove it
now means the supervisor of the town.

2 R. S. 1154; Taylor v. Gurnee, 26 Hun, 624.

§ 74. Moneys in tlie Hands of the Overseers
of tlie Poor. — In 1829, by chapter 287 of the Laws of 1829,
the right was given to towns, in counties that had abolished, or
should thereafter abolish, the distinction between county and town
paupers, to appropriate the moneys and funds remaining in the
hands of the overseers of the poor of such town to such objects and
for such purposes as shall be determined at a town meeting. If the
town meeting determined to appropriate the moneys and funds for
the benefit of common schools in the town, such moneys were de-
nominated " the common-school fund of such town," and were placed
under the care and superintendence of the commissioners of com-
mon schools of said town. Afterward, the office of commissioners
of common schools in towns was abolished, and their powers vested
in the supervisor.

The act of 1329 is given herewith, and wherever the comrais-
sioners of common schools are mentioned therein the supervisor now
acts in their place and is vested with their powers.

The following is the act of 1829 (chap. 287) above referred to :

§ 1 . It shall he lawful for the iuhahitants of any town, in such counties as have
abolished the distinction between county and town paupers, and in such counties
as may hereafter abolish such distinctions, at any annual or special town meeting,
to appropriate all or any part of the moneys and funds remaining in the hands
of the overseers of the poor of such town, after such abolition, to such objects
and for such purposes as shall be determined on at such meeting.

§ 2. If any such meeting shall appropriate such money or funds for the benefit
of common schools in their town, the money so appropriated shall be denomi-
nated "the common-school fund of such town," and shall be under the care and
superintendence of the commissioners of common schools of said town.

§ 3. If any such meeting shall appropriate such money or funds for the benefit
of common schools, after such appropriation shall have been made, and after the
commissioners of common schools shall have taken the oath of ofSce, the over-
seers of the poor of such town shall then pay over and deliver to the said com-
missioners such moneys, bonds, mortgages, notes and other securities remaining
i& their hands as such overseers of the poor as will comport with the appropria-
tion made for the benefit of common schools of their town.

§ 4. The said commissioners may sue for and collect in their name of office the
money due or to become due on such bonds, mortgages, notes or other securl-



54 SupEEVisoES' Manual.

ties, and also all other securities by them taken under the provisions of this
act.

§ 5. The moneys, bonds, mortgages, notes and other securities aforesaid shall
continue and be a permanent fund, to be denominated the common-school fund of
the town appropriating the same, the annual interest of which shall be applied to
the support of common schools in such towns, unless the inhabitants of such town,
in annual town meeting, shall make a different disposition of the whole of the
principal and interest, or any part thereof, for the benefit of the common schools
of such town.

§ 6. The said commissioners of common schools, whenever the whole or any
part of the principal of said fund shall come to their hands, shall loan the same
on bond, secured by mortgage on real estate of double the value of the moneys so
loaned, exclusive of buildings or artificial erections thereon.



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 6 of 96)