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 60 of 96)
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scope of their authority, and, also, by like vote, to correct any manifest clerical
or other error in any assessments or returns made by any one or more town
officers to such board of supervisors, or which may or shall have properly come
before such board for their action, confirmation or review; and it may cause to be
refunded to any person the amount collected from him of any tax illegally or
improperly assessed or levied. In raising the amount so refunded, or the amount
necessary to supply the deficiency caused by the correction of any errors in such
assessments as aforesaid, such board shall, in the same or next ensuing annual
tax levy, adjust and apportion said amount upon the property of the several towns
and wards of the county, as shall be just, taking^to consideration the portion of
State, county, town and ward tax included therem, and the extent to which each
town or ward has been benefited thereby.

§ 3. This act shall not apply to the city and county of New Tork.

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hereby repealed.

§ 4 This act sball take effect immediately.

Laws of 1886, chap. 306.

As to the decisions under this act, see ante, § 343.

The same principles are applicable to the other powers conferred by this section.
Albany county has a special law on this subject, chap. 522, Laws of 1887.

§618. To Fix and Determine Compensation
of Officers for tlie Conveyance of Juvenile
Delinquents to Houses of Refuge, and of
Lunatics to Insane Asylums.— The boards of super-
visors in the several counties of this State are empowered, and it is
made their duty, annually, to iix and determine the compensation to
be allowed and paid to officers for the conveyance of juvenile delin-
quents to the houses of refuge, and of lunatics to the insane asylums ;
'and no other greater amount than that so fixed and determined
shall be allowed and paid for such service.

Laws of 1874, chap. 446, tit. 1, § 29 ; Laws of 1859, chap. 254; 8 R. S. 2584^19W.

As to fees and expenses for conveying convicts to the penitentiary,
See " Sheriffs' ¥eeB," post, and " County Charges," ante, §§ 483, 501.

§ 619. Burial of Deceased Soldiers, Sailors
and Marines. — It shall be the duty of the board of super-
visors in each of the counties of this State to designate some proper
authority other than that designated by law for the care of paupers
and the custody of criminals, who shall cause to be interred the body



BoAKD OP Supervisors — Miscellaneous Duties. 53*

of any honorably discharged soldier, sailor or marine, who served in
the army or navy of the United States during the late Eebellion, or
in the war with Mexico in the years 1846, 1847 and 1848, who shall
hereafter die without leaving means sufficient to defray funeral
expenses, but the expenses of such funeral shall not in any case
exceed the sum of $35. In case the deceased has relatives or friends
who desire to conduct the burial, and who are unable or unwilling
to pay the charges therefor, then the said sum shall be paid to
them, or their representative, by the county treasurer, upon due proof
of the death and burial of any person provided for by this section.

Chap. 203, Laws of 1881, § 1, as amended by chap. 34, Laws of 1885.

Interments not to be Made -with Paupers—
Headstones. — Any interment provided for by the provisions
of this act shall not be made in a cemetery, or in any cemetery or
plot, used exclusively for the burial of the pauper dead. The grave
of any such deceased soldier, sailor or marine, and the grave of any
honorably discharged soldier, sailor or marine, who served in the
army or navy of the United States during the late rebellion, who
shall have been heretofore buried in any of the counties of this
State, but whose grave is not marked by a suitable headstone, and
who died without leaving means to defray the expense of such head-
stone, shall be marked by a headstone containing the name of the
deceased, and, if possible, the organization to which he belonged, or
in which he served ; such headstone shall cost not more than $15,
and shall be of such design and material as shall be approved by the
board of supervisors, and the expense of such burial and headstone
as above provided for shall be a charge upon and shall be paid by
the county in which the said soldier, sailor or marine shall have
died. Except that if said soldier, sailor or marine, being at the
time of his death a resident of this State, shall die without the State
and be buried within the State, the expense of such burial and head-
stone shall be a charge upon and shall be paid by the county wherein
he resided. And the board of supervisors of such county is hereby
authorized and directed to audit the account and pay the expense of
such burial and headstone, in the same manner in which the accounts
of such officer as shall be charged with the performance of such
duty as above provided shall be audited and paid.

Id., § 2, Bs amended by Laws of 1887, chap. 216.

§ 620. Form of Application to Defray Funeral
Expenses.

Application is hereby made to the committee of Oneida county for the interment

■of deceased soldiers, etc., for relief in the burial of ,

■who died in the town of , in Oneida county, on the

day of , 188. .., based upon the following facts:



540 Supervisors' Manual.

That said was a in the late war of the

Eebellion; that he enlisted on or about the month of 186

in Co Regiment, and served therein until about the month of

, 186. ., when he was honorably discharged therefrom. That

said died without leaving mesins sufficient to defray bis

funeral expenses.

* The deceased has relatives or friends who desire to conduct the burial, hut who
are unable or unwilling to pay the charges therefor.



Applicant.
* This clause is to be erased if it is desired that the committee shall conduct the burial,

Oneida County, ss.:

, being duly sworn, says that

is the of the within named ,

deceased, and resides at the town of in said county. That

the facts stated in the foregoing application are true to the best of deponent's
knowledge, information and belief.

Sworn to before me, this day!

of ,188..



I hereby approve of the foregoing application.

Town Committeb.



Application granted.



\ COMMITTEK.



The editor is under obligations to Mr. John Eohler, ex-GOonty treasurer of
Oneida county, for the above form.

§ 631. Form of Application for Headstone.

APPLICATION FOB SOLDIERS' HEADSTONE.
(To be made to committee of supervisors, on approval of town committee.)

Genesee Cotjntt, ss.:

being duly sworn, deposes that ,

for whose headstone application is hereby made, was an honorably discharged
soldier of the civil war; that he died a resident of this county; that he is buried
in an unmarked grave; that he did not leave means to provide a headstone, and
that his friends are unable or unwilling to erect one.



Subscribed and sworn to before me,
188..



The foregoing application is hereby approved.
, 188..

\\''\ '. \ Town Com.



Board of Supervisors — Miscellaneous Duties. 541
inscription.

Name

Military organization

Date of death



To be erected in cemetery, town of

P. O. address of person who will direct wJiere it is to be erected ." ! '

To Mr : The above application and proof being

satisfactory, you are hereby authorized and directed to prepare the headstone
solicited, in accordance with contract made by you with board of supervisors, and
to erect the same, when its approval and acceptance by the committee of the
board is indorsed hereon.
, 188..



:f



Committee of Supervisors.



The above is taken from the journal of the Genesee county board of super-
visors, and is a very good one.

§ 622. To Select Newspapers. 1. Laws.— All
laws of a general nature which shall hereafter be passed by the
legislature of this State shall be pubhshed in at least two newspapers
in each county of this State, where there is or may be hereafter two-
newspapers published ; and in one newspaper in each county where
but one newspaper is published or may be published.

Laws of 1845, chap. 280, § 1 ; 1 R. S. 435.

All laws of a local nature which shall hereafter be passed by the
legislature of the State shall be published in like manner in each of
the counties interested in the same.

Id., s 2.

Supervisors to Designate Papers — It shall be
the dtity of each board of supervisors in the several counties of this
State, at their annual meeting, or at any special meeting called for
the purpose, to appoint the printers for publishing the laws in their
respective counties. The appointment shall be made in the follow-
ing manner : The members of the board of supervisors representing,
respectively, each of the two principal political parties into which the
people of the county are divided, or a majority of the members of the
board of supervisors representing, respectively, each of such political
parties, shall designate, in writing, a paper fairly representing the
political party to which they respectively belong, to publish the laws,
and such designation shall be signed by the members making it, and
filed with the clerk of the board of supervisors, and the two papers
so designated shall publish the laws. In case the members of the
board of supervisors representing either of the two principal politi-
cal parties into which the people of the county are divided, or a ma-
jority of such members, cannot agree upon a paper, then, in that



542 SuPBKTisoKs' Manual.

case, they shall make report to that eJBEect to the clerk of the board of
supervisors, and such board shall,by resolution, designate a paper fairly
representing such political party to publish the laws. If there shall be
but one paper published in the county, then, in that case, the laws
shall be published in that paper. If either of the two principal
parties into which the people of the county are divided shall have no
representative among the members of the board of supervisors, then
it shall be the duty of the board of supervisors, by resolution, to
designate a paper fairly representing such political party, that is un-
represented in the board, to publish such laws, with the paper selected
as hereinbefore provided.

Laws of 1845, chap. 280, § 3, as amended by Laws of 1887, chap. 625.
See Decisions at end of g 625.

If there is a disagreement, or one political party has no represen-
tative in the board, the form given at section 625 can be adapted to
the case.

§ 623. Form of DesigrilS'l'ion.— At the annual meeting
of the board of supervisors of Oneida county, held at their cham-
bers in the city of Utica, on the day of , 188 : "We,
the undersigned, being a majority of the Republican members elected
to said board, do, under and in pursuance of the statute in such cases
made and provided, hereby designate the , as a paper
fairly representing the political party to which we belong, and do
hereby appoint said to publish the session laws for the
ensuing year, and do hereby certify that the Republican party is one
of the two principal political parties into which the people of Oneida
county are divided.

Witness our hands this day of , 188

(Signatures.)

Money Therefor to be Raised by Tax. — It

shall be the duty of each board of supervisors in the several counties
of this State, in making out the assessment-roll, to assess and levy
on the taxable property of the county whose representatives they
are, such sums as shall be sufficient to defray the expenses of pub-
lishing the laws in the newspapers designated.

Id.,§ 5.

§ 624. Printer's Fees Therefor.— The publisher of

each of the papers so designated as aforesaid, shall be entitled
to receive for publication of the laws above specified, a sum not ex-
ceeding fifty cents nor less than twenty cents, for each folio, except



Board of Supervisors — Miscellaneous Duties. 543

in counties having a city of 50,000 inhabitants. In counties having
a city of over 50,000 inhabitants, by the last preceding census, the
sum to be paid for such pubhcation shall not be less than thirty cents
or more than fifty cents for each folio. The specific rate per folio
to be paid in each county shall be fixed by the board of supervisors
thereof; within the limits above specified.

Id., § 6, as amended by Laws of 1887, chap. 443.

§ 625. 2. Election Notices and Official Canvass.

Boards of supervisors have authority, by resolution duly entered
and published in their minutes, to determine, except in the county
of Kings, in what newspapers, not to exceed two, the election
notices issued by the secretary of State, and the official canvass shall
be published, and tojvx the compensation for such pvhlication. But
in cases where such publication shall be ordered to be made in two
newspapers, such papers shall be of opposite political character.

Chap. 482, L. 1875, § 7, sub. 3.
Erie and Kiogs counties have special laws on the subject.

In determining whether the two papers receiving the highest and next highest
number of votes are of opposite politics and fairly represent the two principal po-
litical parties into which the people of the county are divided, the board of super-
visors acts judicially and manda/mug will not lie to control its action.

People V. Supervisors of Cattaraugus, 19 Hun, 11.

When a newspaper is designated by a board of supervisors as one of the papers
in which the session laws shall be published, in the absence of any contract
with the proprietor, as to his compensation, he is entitled to the compensation
prescribed by law; and the board of supervisors has no right to reduce the allow-
ance to him helow that amount.

People V. Supervisors of Cortland, 58 Barb. 139; S. C, 40 How. 53.

A return to an alternative writ of manda/mus, that two newspapers were " duly
designated," and " fairly represent the two principal political parties in said
county," is bad. Any citizen of the county may maintain the writ.

People V. Supervisors, 66 N. T. 249.

Form of Resolution Selecting^ Ne-wspapers.

EESOLUTION, No.

A resolution to determine and select two newspapers in which to publish elec-
tion notices and the official canvass, passed in pursuance of the provisions of
chapter 483 of the Laws of 1875 and its amendments, by a vote of a majority of
all the supervisors elected to the board of supervisors of Oneida county voting in
favor thereof, by yeas and nays.

Besohed, That the Roman Citizen and the Rome Sentinel be and they are
hereby selected and designated by this board as the newspapers to publish the
official canvass and election notices for the ensaing year, which said newspapers
are hereby determined and adjudged to be of opposite political character within
the meaning of said laws.

§ 626. No Poorer to Provide for Official Print-
ing of Otlier County Officers.— To provide, in ad-



544 SuPBBvisoEs' Manual.

vance, for the official printing of the several comity officers is no
part of the duty of the board of supervisors. The board has no
authority or power, except what is derived from the statute, and the
statute does not authorize or empower them to contract, in advance,
for such printing.

People T. Supervisors of Cortland, 58 Barb. 189: S. C 40 How. 63.

They have no power or authority to direct the county clerk whom
he shall employ to do his official printing ; or to direct, in advance,
what price he shall pay, or agree to pay.
Id.

The contracts of a county clerk, in the name of the county, for
printing necessary and proper to enable him to perform the duties
of his office, are binding upon the county.
Id.

§ 627. 8. To Publisli Audits and Equalization

Pz*OCeedingfS« — It shall be the duty of the boards of super-
visors in each countv in this State annually to publish, in one or
more public newspapers in such county, the name of every indi.
vidual 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-roll.

Laws of 1839, chap. 369 ; 2 R. S. 929.
See chap. 13, post.

§ 628. 4. Statement as to Supervisors' Com-
pensation, etc. — It shall be the duty of clerks of boards of
supervisors on the thirty-first day of December, or within ten days
previous thereto, in each year, to make out a statement showing,

1. The amount of compensation audited by the board of super-
visors, to the members thereof, severally, within the year, and the
items and nature of such compensation as audited.

2. The number of days the board shall have been in session within
such year, and the distance traveled by the members respectively, in
attending the meeting of the board.

3. Whether any accounts were audited or allowed without being
verified according to law, for any member of the board of super-
visors, or any other person, and if any, how much, and for what.

And such statement shall be certified by such clerk, and be printed
in a newspaper printed in the county, in the manner that the accounts
audited by boards of supervisors are now required by law to be



Board of Supervisoes — Miscellan-eous Duties. 545

printed, within two weeks after said statement shall be so made out,
and it shall be the special duty of such clerk to see that the same is
so published, and for every intentional neglect so to do, such clerk
shall be deemed guilty of a misdemeanor.

Laws of 1847, chap. 455, § 14; 1 B. S. 849.
See chap. 13, post.

§ 629. 5. Town Audits to be Published It is the

duty of boards of town auditors to make annually brief abstracts
of the names of all persons who have presented to said board
accounts to be audited, the amounts claimed by each of said persons,
and the amounts finally audited by them respectively, and to deliver
said abstracts to the clerk of the board of supervisors, and the said
clerk is to cause the same to be printed with the statements required
to be printed by him by the above section.

Id.; §24; 1 R. S. 851.

See chap. 13, post.

These last two sections do not apply to Kings, Queens, Suffolk or New Tork
counties.

Id., »26.

§ 630. Reports as to Town Debts.— The supervisor

of every town having a public debt, consisting of bonds or other
evidences of debts issued on the credit of the town, is required to
report in tabular form specifying the different acts under which the
bonds or debts were issued, with the rate of interest, the amount
unpaid at the time of his election,, the amount paid at date of his
report, and coming due during his term of office.

Laws of 1870, chap. 552; 1 B. S. 852.

Report to be Publisbed.— The report so made to the
board shall be published in the annual report of the proceedings of
said board.

Id., § 8. See ante, i 69.

§ 631. To Publish Every Resolution Adopted
in Pursuance of Chapter 482, La-ws of 1875,
etc. — And every resolution adopted in pursuance of the provisions
of the first section of this act, and of any previous act conferring
legislative powers on boards of supervisors, shall be prefixed by a
title concisely expressing its contents, following which shall be a
reference to the law or laws from which the authority to pass the
resolution shall be derived, and a statement of the vote, whether by
two-thirds or a majority of all, by which it was passed, and in cases
where it is required that the resolution should receive the assent of
69



546 SuPEEvisoKs' Manual.

the supervisor of the town to which it applies, the fact whether or
not it received such assent shall be also stated ; and all resolutions bo
adopted shall be numbered in the order of their passage, and certi-
fied by the chairman and clerk, and, within six weeks after the close
of each session, published in the newspapers in the county appointed
to publish the session laws of the legislature.

Laws of 1875, chap. 482, S 2.
See chap. 12, post.

A full compliance with the. above provisions of law requires every resolution
passed under the act of 1875, and of any previous act conferring legislative
powers, to be numbered, prefixed by a title, a reference to the law authorizing
its passage, a statement of the vote, etc. There seems to be no real need of sucE
a requirement as to many of such resolutions. The evident intent of the framer
of the law was to require resolutions, in the form, of legislation, to have the
f ormfilities above. An amendment of the law is quite desirable,

§633. Officers to Report to Supervisors —
Officers Receiving Money to Make an Annual
Report of Same. — Each officer in the several counties of this
State who shall receive, or is authorized by law to receive, any money
on account of any fine or penalty or other matter, in which his
county, or any town or city therein, shall have an interest, shall
make a report in writing, every year, bearing date the first day of
iTovember, in which he shall state particularly the time when, and
the name of the person or persons from whom such money has been
received, and also the amount and on what account the same was
received, and also all sums remaining due and unpaid, which report
shall include all receipts of moneys before mentioned that he haa
received during the year next preceding the date of his report, and
if no such moneys have been received, his report shall state such facts.
Said report shall be made to the board of supervisors of his county,
duly verified by oath, and filed with the clerk of said board on or
before the fifth day of November, in each and every year, and no
officer shall be entitled to receive payment for services, salary or
otherwise, from the supervisors or from a city or county treasurer,
unless he shall file with the supervisors his affidavit that he has made
such report and haa paid over all moneys which he is bound to pay
over.

Laws of 1863, chap. 404, § 1, as amended by Laws of 1864, chap. 841 ; 2 B. S. 980.

This report is a condition of any payment by the board for ser-
vices and if it is withheld, the board are entitled to refuse payment
of the officer' s accounts.

People, exrel. Calkins, y. Supervisors, 27 N. Y. W. Dig. 337.



BOABD OF SUPEKVISORS — MISCELLANEOUS DUTIES. 547

§ 633. Officers to Pay Moneys to County
Treasurer in Ninety Days After Receipt ol
Same. — Each officer who shall have received such moneys as pro-
vided in the preceding section of this act shall, \vithin ninety days
after the receipt thereof, pay the whole amount so received, without
any deductions for costs or charges in collecting the same, to the
treasurer of his county, who shall give to such person duplicate receipts
therefor, one of which receipts shall be attached to the annual report
to the board of supervisors hereinbefore provided to be made ; pro-
Tided that nothing in the preceding section contained shall be con-
strued to apply to moneys received by any town or city officer in his
official capacity as such town or city officer, specially appropriated
for any town or city purpose.
Id., § 2.

§ 634, Duty of District Attorney.— It shall be the
duty of the district attorney of the several counties of this State to
sue for and recover, in behalf of and in the name of . his county, the
money received by any officer for or on account of such county or
any town or city therein, and not paid to the county treasurer of
such county as provided in the preceding section of this act.

See post, as to District Attorney.
Id.. I 8.

All moneys belonging to any town or city in such county, which
shall be received by the county treasurer, shall be distributed to the
several towns or cities entitled to the same, by resolutions passed by
a majority of the board of supervisors at any legal meeting thereof,
which resolutions shall be entered at length in the minutes of the
proceedings of said board.

Id., 5 i.

Each officer of the several counties of this State who shall neglect
or refuse to make the reports or pay over moneys received by him,
as provided in sections 1 2 and 3 of this act, shall be deemed guilty
of a misdemeanor.

Id., I 5.

§ 635. Po-wer to Require Officers to Report.

— The board of supervisors have power to require any county offi-
cer, or any officer whose salary is paid by the county, to make a
report under oath to them, on any subject or matters connected
with the duties of their offices ; and said officers are hereby required
to make such report whenever called upon by resolution of any such



548 SuPERVisoEs' Maitual.

board; and if any such officer neglect or refuse to make such
report, he shall be deemed guilty of a misdemeanor.



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 60 of 96)