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 61 of 96)
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Laws of 1849, chap. 194, § 4, subd. 14.

§ 636. Sxcise Commissioners to Report.— The

commissioners of excise in the several counties in this State are
hereby required to make annual reports to the boards of supervisors
of said counties, at each annual meeting of said boards, and within
the first five days from the first day of such annual meeting in each
and every year after the passage of this act.

Laws of 1S60, chap. 274; 3 R. S. 1986.

Such report shall be in writing, and shall be signed by the said
commissioners, or a majority of them, and shall contain a true state-
ment of all moneys received by them as such commissioners in their
official capacity during the year preceding the date of said report,
and also the name of every person in said county to whom the said
commissioners have granted a license to sell strong and spirituous
liquors, under any section of the excise law, passed April 16, 1857.
Id.

Such report, when so made as aforesaid, shall be verified by oath
or affirmation of the said commissioners, or a majority of them, and
shall contain a written statement indorsed thereon, signed by the
county treasurer of the count}', setting forth the whole amount of
money paid over to them by said commissioners during the same
year in which such report shall be made, and the said commissioners
shall also report to said boards the whole amount of fines or penalties
received by them in their official capacity from any and every per-
son for any violation of the act entitled " An act to suppress intem-
perance, pauperism and crime," passed April 16, 1857, and in case said
commissioners, or either of them, shall neglect or refuse to report as
aforesaid, he or they shall forfeit and pay $100 for every such neg-
lect or refusal, to the use of the people of the county in which he
or they may reside.

Laws of I860, chap. 274.

Probably this does not apply except to countieB where all the poor are a county
charge.

KELATIYE TO THE DISTEICT ATTORNEY.

§637. District Attorneys to Give Bonds.— In

every county except Erie, New York and Kings, the district attorney
is required, before entering upon the duties of his office, to execute
to the people of this State, with two or more sufficient sureties, be-



BOAED OF SUPBEVISOES — MlSCELLANEOtTS DUTIES. 549

ing resident freeholders, a joint and several bond and in such sum as
the board of supervisors shall direct, to be approved by the county
judge, conditioned for a faithful accounting, payment and transfer
of all moneys that may come into his hands in the execution of the
duties of his office.

Laws of 1884, chap. 337.
Sucli bond is to be filed in tlie county clerk's office.
For Erie county, see chap. 55, Laws of 1888.

§ 638. Salary of District Attorney, ho^e
.7ixed* — The board of supervisors of the several counties in this
State, the county of New Yorli excepted, at any annual meeting of
such board, duly convened, may lawfully determine that the office
of district attorney of such county shall be a salaried office, and
thereupon it shall be their duty, and they are hereby authorized, to
fix the amount of compensation to be paid to the district attorney
thereof for his services ; and the salary, when so fixed, shall not be
diminished during the term for which the district attorney has been
or may be elected.

Laws of 1852, chap. 304, § 1, as amended by Laws of 1870, chap. 752.

See subd. 2, § 1, chap. 483, Laws of 1875, at end of § 7, of this law of 1853.

For Erie county, see chap. 55, Laws of 1883; for Ulster county, see chap. 355, Laws
of 1879, as ameuded by chap. 231, Laws of 1884.

His Compensation a County Cliarg-e.— The com-
-pensation fixed shall be a county charge and shall be paid by the
■county treasurer to the district attorney, yearly or quarter yearly)
as the board of supervisors may determine, in lieu of the fees now
provided by law ; and the amount thereof shall be raised and col-
lected in the same manner and at the same time as other county
charges are by law raised and collected.

Laws of 1852, chap. 304, § 2.

If He Refuses Salary as Fixed. — Whenever any
board of supervisors shall determine the office of district attorney to
he a salary office, and fix the compensation thereof pursuant to this
act, the clerk of the board shall deliver to the person filling the of
fice of district attorney of such county a certified copy of the reso-
lution of said board ; and if such person shall, within ten days
thereafter, give notice in writing to the said clerk, that he refuses to
accept such salary as a compensation for his services, this act shall
•not be construed to apply to snch district attorney during the term
for which he shall have been elected ; but the same and the reso-



650 SupEEVisoRs' Manual.

lution of the said board shall, in that case, apply to the successors in
office of the said district attorney.

Id., §3.
But see subd. 2, § 1, chap. 483, Laws of 1875, po»t.

Counties Where Office is no-w a Salaried
Office. — In those counties in the State where the office of dis-
trict attorney is now a salary office, the salary shall remain the
same until altered by the board of supervisors in pursuance of this
act.

Id., §4.

Not to Act as Justice of tlie Peace. — No dis-
trict attorney shall act as a justice of the peace.

Id., §5.

Fees, etc., to be paid to County Treasurer.—

It shall be the duty of any district attorney whose salary is, or shall
be hereafter, fixed by the board of supervisors of the county in
which such district attorney is elected, within thirty days after the
receipt by him of any money for judgments, fees, or costs in suits
brought upon recognizances or otherwise, received or collected by
him by virtue of his office, to pay over the same, except his taxable
disbursements therein, to the treasurer of said county, for the use of
the county.
Id., § 6.

Repeal, etc. — All laws inconsistent with this act are hereby
repealed.

Id., § 7.

Powers under Act of 1875.— The board of super-
visors has power to fix, subject to the limitations of section 15, arti-
cle 6 of tlie Constitution, the salaries and per diem allowance of
county officers whose compensation may be a county charge, and
which shall not be changed during the terra of office of such officers
respectively, and to prescribe the mode of appointment and fix the
number, grades and pay of the deputies, clerks and subordinate em-
ployees in such offices.

Laws of 1875, chap. 482, § 1, subd. 2.
See Decisions, § 559, ante.

District Attorney May Employ Counsel, etc.

— Tlie district attorney of any county in which an important crim-
inal action is to be tried, with the approval, in writing, of the county



Board of Supervisors — Miscellaneous Duties. 551

judge of the county, which shall be filed in the county clerk's office,
may employ counsel to assist him in such trial, and the cost and ex-
pense thereof, and also the cost and expense of any counsel assigned'
designated or appointed by the governor or attorney-general, a^, the
request of the district attorney, to assist him on the trial of any such
action, shall be certified by the judge presiding on such trial, and
shall be a charge upon the county in which the indictment in the
action is found, and shall be assessed, levied and collected by the
board of supervisors of such county at its next annual assessment,
levy and collection of county taxes after such service shall have been
performed, and thereupon be paid over to the party entitled to the
same ; and no appointment or designation of counsel to assist in the
trial of such cases shall hereafter be made by the governor or attor-
ney-general except as herein provided, and the State shall in no case
hereafter be liable for any such services.

Laws of 1874, chap. 323, § 1.

From and after the passage of this act the district attorney for any
county in which a capital case is to be tried, with the approval in writ-
ing of the county judge of the county, which shall be first filed in the
county clerk's office, may employ counsel to assist him on such trial,
and the costs and expenses thereof, to be audited by the board of
supervisors, shall be a charge upon the county in which the indict-
ment in the case is found, and shall be assessed, levied and collected
by the board of supervisors of such county at its next annual assess-
ment, levy and collection of county taxes after such services shall
have been performed, and thereupon be paid to the party entitled to
the same.

Laws of 1882, chap. 196, § 1.

All acts and parts of acts inconsistent with this act are hereby re-
pealed.

Id., § 2.

In Case of Vacancy, Court May Appoint.— ^

Whenever there is a vacancy, or the district attorney of any county,
and his assistant, if he has one, shall not be in attendance at a term
of any court of record, which he is by law required to attend, or
shall be unable, by sickness or by being disqualified from acting in a
particular case, to discharge his duties at any such term, the court
may, by an order entered in its minutes, appoint some attorney at
law, residing in the county, to act as specinl district attorney during



552 SuPEEVisoKs' Makual.

the absence, inability or disqualification af the district attorney and
his assistant ; but such appointment shall not be made for a period
beyond the adjournment of the term at which made. The special
district attorney so appointed shall possess the powere and discharge
the duties of the district attorney during the period for which he
shall be appointed. The board of supervisors of the county shall
pay the necessary disbursements of, and a reasonable compensation
for, the services of the person so appointed and actins:.

§ 90, art. 7, tit. 2, chap. 12, part 1, R. S., as amended by Laws of 1888, chap. 128.

§ 640. Fines and Penalties.— District Attor-
ney to Report Fines, etc. — Every district attorney shall
report annually to the board of supervisors all fines and penalties
imposed in any prosecution conducted by him duriug the previous
year ; and all moneys collected or received by him or by the sheriff
or any other officer, for or on account of such fines and penalties,
shall be immediately paid into the county treasury, and tlie receipt
of the coimty treasurer shall be a sufficient and the only voucher for
such moneys.

Laws of 1864, chap. 555, tit. 3, § 23 ; 2 K. S. 1151.

This relates to the fines and penalties imposed for violation of
the common school law.

As to Otlier Fines, etc. — It shall be the duty of the
several district attorneys to prosecute for all penalties and forfeitures,
exceeding $50, which may be incurred in their respective counties,
and for which no other officer is, by law, specially directed to prosecute.

§ 91, art. 7, tit. 2, chap. 12, part 1, R. S. (2 R. S. 970).
See, also, § 633, ante.

Receipts Therefor. — It shall be the duty of every dis-
trict attorney whenever he shall receive any moneys for fines, re-
cognizances, forfeitures or penalties, to deliver to the officer or per-
son paying the same, duplicate receipts, one of which shall be filed
by such officer or person in the office of the county treasurer.

Id., § 92.

Annual Account.— Report as to Fines and
Penalties. — Every district attorney shall, on or before the first
Tuesday of October in each year, file in the office of the county
treasurer an account, in writing, verified by the oath of such district
attorney, of all moneys received by him by virtue of his office, dur-



Board of Supbrvisobs — Miscellaneous Duties. 553

ing the preceding year ; and shall at the same time pay over such
moneys to the county treasurer.

Id., §93.
See "Report," §§ 632-5, and § 433, ante.

In Oneida County. — The district attorney of the county
of Oneida shall keep an accurate minute or record of all process is-
sued by him in behalf of the people, or by any of the courts of this
county, on his motion, containing the names of the parties and the
officer to whom the process shall be delivered for service. If the
process be a subpoena, he shall also enter in his minutes the names
of the witnesses to be subpoenaed, and their places of residence, if
known. The said district attorney shall also furnish an accurate
copy of the minutes so kept by him, to the clerk of the board of
supervisors, on the first day of their annual session.

Laws of 1859, chap. 169, § 1.

Compensation Therefor. — The board of supervisors
of said county shall, at their annual meeting, audit and allow to said
district attorney, for necessary clerk hire in keeping and furnishing
a copy of said minutes, a sum not exceeding $100.

Id., § 4.



EEL ACTIVE TO ASSISTANT DISTKICT ATTORNEY.

§ 64 1 . When Supervisors May Appoint.— It shall
be lawful for the supervisors of any county in this State having at
its last census a population exceeding 70,000, to authorize the dis-
trict attorney of such county to appoint a suitable person to be the
assistant of such district attorney. Every such appointee must be a
counselor at law and a citizen and resident of the county in which
he is appointed. Every such appointment shall be in writing, under
the hand and seal of the district attorney, and shall be filed in the
clerk's office of the county in which such appointment is made.
Every such person before he enters upon the duties of his office,
shall take and subscribe the constitutional oath of office. Every
such appointment may be revoked by the district attorney making
the same, which revocation shall be in writing, and shall be filed in
said county clerk's office.

Chap. 587, Laws of 1872, § 1.
70



554 SuPBRvisoES' Manual.

Compensation. — Every sucli assistant district attorney shall
be compensated for his services at and after such annual rate as shall
be determined by the board of supervisors of the county in and for
which he shall be appointed.
Id., § 3.

This act does not apply to any county where the appointment of
an assistant district attorney is now authorized by law.

Id., § 4.

There are local acts on this subject.

§ 642. County Judg^e. — The county judge is required to
report as to his proceedings and decisions in relation to indigent luna-
tics committed to the asylum.

See " Support of the Insane."

Also all commitments or appointments to asylums, reformatories,
penitentiaries, etc.

See "BenevoJent Institutions. "

§ 643. Coroner's Report.

See "County Charges," §§ 614, 516, ante.

§ 644. Village Water Commissioners' Report.

— By Laws of 1875, chapter 181, a board of water commissioners in
villages was provided for, to furnish " pure and wholesome water to
the inhabitants thereof."

Said commissioners shall annually, on May 1st of each year, and
at all such other times as required by the board of supervisors of a
county in which said village or some portion thereof is situated, de-
liver to said board of supervisors a detailed statement of all their ac-
counts, a general statement of all their work, and condition of their
affairs and state of finances, including a full detail of the amount
expended in the progress of the work, and a particularized state-
ment of any deficiency as to the water rents in meeting the principal
and interest of the sum borrowed, as in the previous section herein-
before referred to, and all books and papers of every kind and de-
scription kept by said commissioners, upon which are entries of their
transactions as such, shall, at all times, be subject to the inspection
by said board of supervisors, and by every elector of said village.
In case such commissioners shall have been elected as such by the
vote of the electors of the village or appointed by the president of



Board of Supervisors — Miscellaneous Duties. 555

the board of trustees, as provided for by this act, then, and in that
case, the board of water commissioners shall furnish such statement
to the board of president and trustees of the village in lieu of f urnish-^
ing such statement to the board of supervisors of the county.

Chap. 181, Laws of 1875, § 17, as amended by chap. 455, Laws of 1889.

§ 645. Railroad Commissioners' Report.

See Laws of 1880, chap. 336, § 554, ante, and Laws of 1886, chap. 316, § 59,
ante.

§ 646. Reports of Benevolent Institutions.

See " Benevolent Institutions."

Reports of tlie Several Supervisors.

See chap. III.



DUTIES RELATIYE TO OOUISTTY CLERK.

§ 647. Bond to be Given by County Clerk.—

Except where otherwise provided by law, it shall be the duty of each
county clerk hereafter elected or appointed, except in the county of
New York, upon assuming the duties of his office, to execute a bond,
with at least two sureties, to the board of supervisors of the county
in which he is clerk, in such sum and with such sureties and in such
form as the board of supervisors of said county shall prescribe and
approve, conditioned that he will faithfully execute and discharge
the duties of county clerk, and will truly account for all moneys re-
ceived by him and belonging to said county, and for all moneys de-
posited with him pursuant to law or the order of any court, or by his
predecessor in office, and pay them over as required by law or
directed by order of court. Whenever it would be necessary to call
an extra or special session of the board of supervisors of the county
to prescribe such bond as aforesaid and approve the same, such
duties shall be devolved upon and be performed by the county judge
of the county or by any supreme court judge residing in the county,
together with the chairman, if there be a chairman, of the then exist-
ing board of supervisors of the county, but in such case the bond
shall not be less in amount than was the bond of the last preceding
county clerk of the county.

Chap. 331, Laws of 1889, § 1.

In Erie, St. Lawrence, Monroe and New York counties these are salaried
officers.



556 SupBEvisoKs' Manual.

Custody of Books, Records, etc.— The clerk

of each county shall have the custody of all books, records,
deeds, parchments, maps and papers now deposited, or that may
hereafter be deposited or kept in his office ; and it shall be his duty,
from time to time, carefully to attend to the arrangement and
preservation thereof.

2 R. S. 960, § 52.

He shall, at the expense of the county, provide proper books for
the recording of deeds, mortgages or other conveyances acknowl-
edged or proved, according to law ; and for the recording of all other
papers, documents or matters required by law to be recorded in his
office. He shall also receive and file all papers and documents
directed to be filed therein.

Id., I S3.

As to the powers of boards of Bupervisora over these records and books, gee
" Decisions under Laws of 1869, chap, 855, § 557, ante."

Laws of 1844, chapter 125, require everv county clerk to keep a book in which
£hall be entered all fees, charged or received by him for official services, the time
of rendering the same, the persons, if known to him, for whom the same were
rendered, and a brief statement of the nature of the service for which any fees
are charged or received.

Laws of 1844, chap. 125, S 1.

To be Open for Public Inspection.

Such books shall be open for inspection, without fee or reward, at all times
•when the office in which they are kept shall be open for the transaction of
business.

Id., § 2.

He is also required to send a sworn statement of such matters to the secretary of
State.

See SS 8 and 4.

§ 648. Wbat are not County Cbarg-es There-
under. — No county clerk shall make any charge against tbe county
for fuel or lights for his office, or for stationery, except record books
and stationery furnished by him for courts held in the county, and
no charge shall be made by any county clerk or register for filing
and docketing the transcript of a judgment entered in any other office
in this State.
Id., § 6.

§ 649. Procuring- Duplicate County Seals.—

In all the counties of this State having two shire towns, the board
■of supervisors in said county shall procpre a duplicate of the seal of



BOAKD OF SUPBRVISOBS — MISCELLANEOUS DUTIES, 55T

such county, which shall be kept at the shire town where the county
clerk's office is not situated, at some safe place to be designated by
said county clerk, and may be used by him the same as if at his
office.

Laws of 1881, chap. 302 ; 2 R. S. 964.

General Indices, Fees for.— The clerks of the several
counties in this State, and the register of the city and county of
New York, in those counties in which general indices of deeds and
mortgages have not been made and preserved, according to the act
passed April 18, 1826, shall provide proper books for making such
general indices, and shall form indices therein in such manner as to
afford correct and easy reference to the several books of record in their
offices respectively. There shall be one book for deeds and another
for mortgages. In each book there shall be made double entries, or
two lists of names in alphabetical order. In one shall be set the
names of the grantors or mortgagors, followed by the names of their
grantees or mortgagees, and in the other the names of the grantees
or mortgagees, followed by the names of the grantors or mortgagors,
leaving proper blanks between each class of names for subsequent
entries ; and in those counties in which indices were made under
the said act of April 18, 1826, and have been preserved, the several
clerks shall complete the same by bringing them down to the present
time, and in either case, the said clerks shall keep the said indices
complete by adding to the lists, as deeds and mortgages shall be sent
in to be recorded.

Chap. 199, Laws of 18i3, § 1 .

Expenses to be Paiid. — Each county clerk is hereby au-
thorized to charge in his account against his county, all necessary ex-
penses which he may incur in the purchase of books for such indices,
and at and after the rate of fifty cents for every hundred names which
he may enter in such book.
Id., § 2.

Exception. — The provisions of this act shall not apply to such
counties in this State as now have a general numerical index of
deeds and mortgages in the office of the clerk of said counties.
Id., § 8.

Indices. — It shall be the duty of the clerk of each county in
this State, and of the register of the city and county of New York, to



558 SuPBEvisoKs' Manual.

attach to every book kept in his office, in which deeds or mortgages
shall be recorded, or collector' s bonds entered, an index to the mat-
ters contained in such books, arranged in alphabetical order, under
the names of the several parties to such matters, with references to
the pages where the same may be found ; which, together with such
books, shall at all proper times be open for the inspection of any
person paying therefor the fees allowed by law.

§ 61, art. 2, tit. 2, chap. 3, part 3, E. S.

Under section 61, just above, the county clerk does not seem to be entitled to
fees from the county for continuing the indices.

People V. Superviaors, 24 W. 181.

See "County Charges," ante, and "Fees of County Clerks," po«J; also, § 440,
ante, as to fees of public oflBces. Code Civ. Proc, g 3280.

For Ulster county,

See chap. 855, Laws of 1879, as amended by chap. 231, Laws of 1884, § 2.



KELATIVE TO COUNTY TEEASITKEE.

§ 650. Bonds of County Treasurer.— Treas-
urer to Give Bond to Supervisors.— Every person
appointed or elected to the office of county treasurer, before he enters
upon the duties of his office, shall give a bond to the supervisors of the
county, with three or more sufficient sureties, to be approved by the
board of supervisors, and in such sum as they shall direct, conditioned
that such person shall faithfully execute the duties of his office^
and shall pay over, according to law, all moneys which shall have
come, or which shall thereafter come, to his hands as treasurer, and
render a just and true account thereof to the board of supervisors when
thereunto required. Whenever, in the opinion of said board or a
majority of them, the moneys intrusted to such person as treasurer
shall be deemed unsafe, or the surety insufficient, such board may
require from said treasurer a new and further bond with Jike condi-
tions as aforesaid, and in such penalty and with such surety as such
board shall deem requisite and proper ; and in case said county treas-
urer shall fail to renew said bond, as required, within twenty days after
he shall be notified by said board of such requirement, such omis-
sions shall work a forfeiture of his office, and the same shall become



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 61 of 96)