George Crane Morehouse.

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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 63 of 96)
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against him, or by leaving the same at his last place of residence, with some per-
son of suitable age and discretion, and an opportunity of being heard in his de-
fense. In case of any such removal, or of any other vacancy in the office of
county treasurer, the vacancy shall be supplied by the board of supervisors, and
the person so appointed shall hold the office until his successor shall have been
elected at the first annual election occurring after such vacancy, and shall have
duly qualified.

Laws of 1877, chap. 436, 8 9; 2 n. S. 958.

Nothing herein contained shall apply to the counties of Sullivan, Putnam,
Green, Monroe, Onondaga, Columbia, Seneca, Essex, Delaware, Cortland, Madison,
Oswego, Rensselaer and Herkimer,

Laws of 1882, chap. 804, § 11.

§ 661. Account and Report of County Treas-
urer, — At the annual meeting of the board of supervisors, or at
such other time as they shall direct, the county treasurer shall exhibit
to them all his books and accounts, and all vouchers relating to the
same, to be audited and allowed.

2 R. S. 954, § 23.

Every county treasurer shall keep an accurate account of all mon-
eys received, deposited and paid out by iiim, and shall quarterly, and
at such other times as the board of supervisors sliall, by resolution,
require, make a true statement thereof in writing, the correctness of
which shall be verified by him, and file the same with the county
clerk, and such statement shall be published, as soon thereafter as
may be, in the newspapers designated by said board for the publica-


tion of the session laws in said county ; and shall also transmit by
mail a copy of such statement to the comptroller and treasurer of
this State.

Laws of ISTT, chap. 436, §7.

This section does not apply to the counties of Sullivan, Putnam,
Greene, Monroe, Onondaga, Columbia, Seneca, Essex, Delaware,
Cortland, Madison, Oswego, Kensselaer and Herkimer.
Id., §11.

Upon the death, resignation, or removal from office of any county
treasurer, all the books and papers belonging to his office, and all
moneys in his hands by virtue of his office, shall be delivered to
his successor in office, upon the oath of the preceding county treas-
urer, or, in case of his death, upon the oath of his executors or ad-

2 R. S. 954, § 24.

If any such preceding county treasurer, or in case of his death, if
his executors or administrators, shall refuse or neglect to deliver
such books, papers and moneys upon oath, when lawfully demanded,
every such person shall forfeit, for the use of the county, the sum
of $1,250,

Id., t 25, as amended hj Laws of ]8V9, cbap. 447.

and his successor shall be required to sue therefor.

Report Under the Act of 1859. — The county treas-
urer of every county in this State shall, within ten days after the
first day of July of each and every year, make and file in the county
clerk' s office of the county in which he resides, a report, which shall
contain a statement of all moneys or securities in his hands belong-
ing to infants or other persons ; for whom invested ; how invested,
with a particular description of the securities belonging to each in-
fant, containing a statement of the amount due thereon for princi-
pal and of the amount due thereon for interest, with a particular
statement of his account as to each infant, up to the first day of July
preceding the date of said report ; the amount of fees charged by
him ; the amount in his hands invested and uninvested and to whom
the same belong ; and if he has in his hands any moneys not in.
vested, the said report shall state the amount thereof, the length of
time the same has been in his hands unin vested, and the reasons
why the same has not been invested ; the said report shall also state
whether the money in his hands uninvested is for principal or in-
terest, and the length of time any principal sum shall have remained

568 SuPEBVisoES' Manual.

in his hands uninvested during the year preceding the date of said
report, which report shall be verified by the oath of the county treas-
urer, to be in all respects true.

Chap. 386, Laws of 1859, § 1.

Supervisors May Require an Additional
Bond. — The ofiicial bonds of any county treasurer executed after
the passage of this act shall be held to apply to all moneys and se-
curities mentioned in the first section of this act, and the supervisors
of any county may require such new or additional security, at any
time, for the safe-keeping and appHcation of such moneys and se-
curities as they may deem proper.

In case .any county treasurer shall neglect to file his report as re-
quired in the first section of this act, he shall forfeit the sum of
$500 to the people of the State of New York, for the use of the
poor of the county.

Id., §2.

In passing on the annual accounts of county treasurers, boards of supervisors do
not act judicially, and have no power to sanction their withholding any moneys
of the county, or to discharge them from liability therefor, nor will the acts or
omissions of the supervisors in respect to such liability discharge the sureties.

Supervisors V. Wandel, 6 Lans. S3; affirmed, 69 N. Y. 645.

The sureties upon the official bond of a county treasurer are not discharged
from their obligation by any neglect, omission of duty, unfaithfulness or mal-
feasance on the part of the board of supervisors in their dealings with the prin-
cipal in the bond.

Supervisors of Monroe County v. Otis, 62 N. Y. 88.

While the law imposes upon the board the duty of examining the accounts of
the treasurer, it does not guarantee to the sureties the performance of that duty,
or make the omission or negligent performance thereof a defense to an action
upon the bond.


The board of supervisors and the county treasurer are alike agents of the county,
and the acts or neglects of one agent cannot affect the liability of another, or of
his sureties, to the common principal.

See Decisions, § 657, ante.

Ineligible to be Superintendent of Poor.—

No * * * county treasurer shall be elected or appointed to
hold the office of superintendent of the poor.

Chap. 352, Laws of 1829, as amended by chap. 80, Laws of 1853.

His duties in relation to assessment and collection of taxes, so far
as the board of supervisors is concerned, are contained in chapter
V, ante.

Board of Supeevisoes — Miscellaneous Duties. 569


§ 662. May Authorize Surrog'ate to Appoint
B, Clei:*]£> — Each surrogate may appoint, and at pleasure remove,
as many clerks for his offic§, to be paid by the county, as the board
of supervisors of his county authorize him so to appoint. The board
of supervisors must fix the compensation of the clerk or clerks so
appointed ; and may authorize them, or either of them, to receive,
for their or his own use, the legal fees for making copies of any
record or paper in the oifice of the surrogate. A surrogate may
appoint, and at pleasure remove, as many additional clerks, to he
paid by him, as he thinks proper.

Code CiT. Pro., § 2508.

§ 663. Examiner of Guardians' Accounts.—

The surrogate is required in February of each year to examine, or
cause to be examined, all inventories and accounts of guardians filed
since February first of the preceding year. When the surrogate
seasonably certifies in writing to the board of supervisors, or in New
York county, to the board of aldermen, that the examination required
by this section cannot be made by him, or the clerk of the surro-
gate's court, or by any clerk employed in his office and paid by the
county, the board must provide for the compe^nsation of a suitable
person to make the examination.

Id., § 2844.

§ 664. Local Officers to Discharge Duties of
Surrogate and County Judges.— The legislature may,
on the application of the board of supervisors, provide for the elec-
tion of local officers, not to exceed two in any county, to discharge
the duties of county judge and of surrogate, in case of their ina-
bility, or of a vacancy, and to exercise such other powers in special
cases as may be provided by law.

Coust., art. 6, § 16.

§665. County Judge to be Surrogate.— The

county judge shall also be surrogate of his county; but in counties
having a population exceeding forty thousand the legislature may
provide for the election of a separate officer to be surrogate, whose
term of office shall be the same as that of the county judge.

Id., §15.

§ 666. May Provide for Election of Surro-
gates.— In s5l cases where any county (except New York and

570 SuPEKTisoBs' Manual.

Kings) shall have a population exceeding forty thonsand, the board
of supervisors therein, at any meeting of such board, special or regu-
lar, called in the usual form, may, by resolution thereof, provide for
the election, at the following general election, of an officer other
than the county judge, wlio shall perform the duties of surrogate

Laws of 1871, chap. 859, § 3; 1 R. S. 41S.

Such resolution shall be immediately delivered by the clerk of the
board of supervisors to the county clerk, whose duty it shall be to
file the same in his office, and keep the same, as part of the records
thereof. A certified copy of such resolution is also to be filed and
kept in the office of the secretary of State.
Id., s i.

Resolutions as to Vacancies in Offices of
County Judg-e and Surrogate, and Abolish-
ing* Office of Surrogate. — Whenever the office of county
judge shall be vacant in a county having a population exceeding
forty thousand, the board of supervisors of that county, if there be
a separate officer to perform the duties of the office of surrogate in
said county, may resolve that there shall be no such officer in said
county ; and thereupon the office of such officer shall be deemed
vacant and abolished from the time the office of county judge shall
be filled ; and if there be no such officer, such board may resolve that
there shall be such officer in snch county ; in which case such officer
shall be elected at the time and in the manner, in all respects, that
the county judge in said county shall be elected.

Id., 9 6; 1 R. S. 413,414.
The salary of the county judge is to be fixed by the legislature.

Eealy v. Dudley, 5 Lans. 115.
So is that of the surrogate.

Spring T. Wait, 22 Hun, 442.

Section 15 of the new judiciary article (article 6) of the Constitution, in provid-
ing that the salaries of county judges "shall be established by law," confines the
power of fixing such salaries to the legislature.

And held, that the statute conferring power on boards of supervisors to estal)-
lish such sijaries is unconstitutional and void.

Heyley v. Dudley, 5 Lans. 115.

Under the provisions of the State Constitution, in reference to the ofiBce of sur-
rogate (Art. 6, § 15), and the statute of 1871 (chap. 859, Laws of 1871, as amended
by chap. 613, Laws of 1881), when a vacancy occurs in that office, outside of the
counties of New York and Kings, caused by the death of the incumbent, which,
under the Constitution, is to be filled by an election at the next general election,
the election must be for a full term of six years, beginning on the first day of
January after the election, not merely for the unexpired term of the deceased

Board of Sttpervisors — Miscellaneous Duties. ' 571

surrogate. It was competent for the legislature to provide, as it did by the said
act of 1871 (§ 5), that the person so elected to fill a vacancy shall enter upon th&
discharge of the duties of the office Immediately. The constitutional term is not
thereby enlarged, but begins on the first day of January after the election, and
the provision simply furnishes a mode of filling the vacancy up to that time.

People, ex rel., v. Townsend, 102 N, Y. 430.

§ 667. Appointment by Supervisors.— In any

county except New York or Kings, if the surrogate is disabled, by
reason of sickness, absence or lunacy, or the office of surrogate be-
comes vacant before the expiration of a full term, and there is no
special surrogate or special county judge of the same county who i&
competent and able to act as surrogate, the board of supervisors may,
in its discretion, appoint a suitable person to act as surrogate, until
the surrogate's disability ceases, or his term of office expires, if tlie
disability continues until then, or until a special surrogate or a
special county judge is elected or appointed. A person so appointed
must, before entering upon the execution of the duties of his office,,
take and file an oath of office, and give an official bond, as prescribed
by law, with respect to a person elected to the office of surrogate.

Code Civ. Pro., S 2i92.

For Kings county, see chap. 490, Laws of 1884; for New York county, see chap..
30, Laws of 1884.

§ 668. His Compensation. — An officer or a person ap-
pointed by the board of supervisors, who acts as surrogate of any
county during a vacancy in the office, or in consequence of disability,
as prescribed in the last section, must be paid for the time during
which he so acts a compensation equal pro rata to the salary of the
sun-ogate; or, in a county where the county judge is also surrogate,
to the salary of the county judge. The amount of his compensation
must be audited and paid in like manner as the salary of the surro-
gate, or of the county judge, as the case may be. Where an officer
of the county performs the duties of the surrogate, with respect to
a particular matter wherein the surrogate is disqualified or precluded
from acting, the supervisors of the county must allow him a just
compensation for his services therein, to be audited and collected iit
the same manner.

Id., § 2493.

Report by, to Supervisors. — The surrogate of each
county, except New York, must, at his own expense, make a report
to the board of supersvisors of the county on the first day of
each annual meeting thereof, containing a statement, verified by Iiis

573 SuPERvisoKS' Manual.

oath, of all fees received or charged by him for services or expenses,
^ince the last report, and of all disbursements chargeable against the
same or the county, stating particularly each item thereof.

Id., § 2501 .

§ 669. Court-Room, Furniture, etc. — Except
where other provision is made therefor by law the board of super-
visors must provide each court of record, appointed to be held
therein, with proper and convenient rooms and furniture, together
with attendants, fuel, lights and stationery, suitable and sufficient
for the transaction of its business. If the supervisors neglect so
to do, the court may order the sheriff to make the requisite pro-
vision ; and the expense incurred by him in carrying the order into
effect, when certified by the court, is a county charge.

Code of Civil Procedure, § 31.

The board of supervisors of M. county provided a, proper and convenient room
and furniture for the use of the surrogate at F., and refused to provide one at A.,
when requested so to do by the surrogate. Thereupon the latter made an order
establishing the office at A., and directed the sheriff to furnish a suitable office
and furniture therefor at A. Upon an application to compel the board to pay the
rent and expenses thereby incurred, TielA, that as the board had provided a proner
office and furniture therefor, it could not be compelled to pay for any other,
People, exrel. Westbrook, v. Supervisors, 34 Hun, 599.

Books Required to be Kept by Surrogate,
County Charg'e. — Each surrogate must provide and keep the
following books ;

1. A record-book of wills, in which must be recorded, at length,
every will, required by law to be recorded in his office, with the de-
cree admitting it to probate, and also, if the probate is not contested,
the proof taken thereupon.

3. A record-book of letters testamentary and letters of adminis-
tration, in which must be recorded all sucli letters issued out of his

3. A record-book in wliich must be recorded every decree, whereby
the account of an executor, administrator, trustee or guardian is

4. A book, containing a minute of every paper filed, or other pro-
ceeding taken, relating to the disposition of the real property of a
decedent and a record of every order or decree made thereupon ;
■with a memorandum of every report made and other proceeding
taken, founded upon a decree for such a disposition.

5. A book, containing a record of every decree or order, the
record of which is not required by this section to be kept elsewhere ;
together with a memorandum of each execution issued and of the
satisfaction of each decree recorded therein.

6. A book, in which must be recorded all letters of guardianship
issued out of his court.

BoAKD OF Supervisors — Miscellaneous Duties. 573"

7. A book of fees and disbursements in which must be entered by
items, all fees charged or received by him for services or expenses, and
all disbursements made or incurred by him, which are chargeable
against those fees or to the county. The expense of providing the
books specified in this section is a county charge.

Code Ci7. Pro., §2498.

He may keep two or more books for a further division of the
subjects specified in either subdivision of the last section.

Id., part of § 2489.


§ 670. Sheriff, Jails, Etc.— Custody of Jails.

— The sheriff of the city and county of New Tork shall have the
custody of the jail in that city, used for the confinement of persons
committed on civil process only, and of the prisoners in the same ;■
and the sheriff of every other city and county of this State shall
have the custody of the jails and of the prisons thereof, and the
prisoners in the same. And the sheriffs respectively may appoint
keepers of such jails and prisons, for whose acts they shall severally
be responsible.

2 R. S. 967, i T5.

§671. Services for the State.— Whenever a sheriiBf
shall be required by any statutory provision to perform any service
in behalf of the people of this State, and for their benefit, which
shall not he made chargeable ly law to his county, or to some
oflBcer or person, his account for such services shall be audited by the
comptroller and be paid out of the treasury.

. Id., § Y6.

§ 672. County Charges, Accounts, Etc.

See ante, "County Charges," §8 483, 501, 506, 507-8, and post, "Fees of

§ 673. Maintenance of Prisoners — Prisoners
Confined on Civil Process.— The boards of supervisors
of the counties of this State are hereby authorized and empowered
to contract with the sheriff of said counties, or the jailer of the com-
mon jail therein, for the support and maintenance of such persons
as may be confined in such jail upon any writ, process or proceeding,
as stated in the first section of this act, and such sheriff or jailer shall
attach to all bills rendered for such support and maintenance, a list,,
under oath, of the number and names of the persons to whom such

574 SuPEBvisoEs' Manual.

support and maintenance was furnished, and the length of time each
person was so supported.

Laws of 1875, cbap. 251, § 2.

King^s and Monroe Counties Excepted —

Nothing in this act shall be construed as repealing the present pro.
visions of law relating to the care, custody, support or maintenance
of such prisoners in the counties of Kings and Monroe.

Id., §3.

On Criminal Process.— Prisoners detained for trial and
those under sentence shall be provided with a sufficient quantity of
inferior but wholesome food, at the expense of the county ; but
prisoners detained for trial may, at their own expense, and under
the direction of the keeper, be supplied with any other propei' articles
of food.

3R. S. 2589, §8.

§ 674. Jails. — The building and repairing of the county jails
are under the control of the board of supervisors, who are to cause
to be levied, collected and paid, all such sums of money as they shall
deem Tiecessary therefor.

See ante, "General Statutes pertaining to their Powers and Duties."

§ 675. Solitary Cells. — They shall also cause to be pre-
pared within the jails of their respective counties, or elsewhere, at
the expense of such counties, so many solitary cells for the reception
of convicts who may be sentenced to punishment therein as the court
of common pleas of the county may direct.

2 R. S. 927, 1 14.

§ 676. Disinfectants for Jails.— The board of super-
visors of the several counties in this State, for the penitentiaries and
jails under their charge, are hereby authorized and directed to cause
to be purchased disinfectants and the means of applying the same,
at an expense not greater than the equivalent of one cent per day
for the time the same may be used, for each and every cell in each
and every prison, penitentiary and jail under their respective charge,
and direct the application of the said disinfectants as often as, in the
opinion of the physicians of the several prisons, penitentiaries and
jails, respectively, the same may be deemed requisite.

Law3 of 1868, chap. 599; 3 R. S. 2640.

BoABD OF Supervisors — Miscellaneous Duties. 575

§ Qfi. To Contain a Sufficient Number of

Each county prison shall contain :

1. A sufficient number of rooms for the confinement of persons
committed on criminal process and detained for trial, sepcvrate and
distinct from prisoners under sentence.

2. A sufficient number of rooms for the conjmement of prisoners
under sentence.

3. A suffixdent number of rooms for the separate confinement of
persons committed on civil process, for contempt or as witnesses.

8 R. S. 2589, § 2.

§678. Certain Prisoners to be Kept in Sep-
arate Rooms. — Prisoners committed on criminal process and
detained for trial, and persons committed for contempts, or upon
civil process, shall be kept in rooms sepa/rate and distinct from those
in which persons convicted and under sentence shall be confined, and
on no pretense whatever^ shall prisoners be detained for trial, or per-
sons committed for contempt, or upon civil process, be kept or put
in the same room with convicts imder sentence.
Id., § 4.

Male and female prisoners (except husband and wife) shall not
be kept or put in the same room.
Id., § 5.

§ 679. To be Employed at Hard Labor.— It shall
be the duty of the keeper of each county prison to cause each
prisoner under sentence, except such as are under sentence of death,
to be constantly employed at hard labor when practicable, during
every day except Sunday, and it shall be the duty of the county
judge, or the inspectors appointed by him, to prescribe the kind oi
labor at which such prisoner shall be employed, and the keeper shall
account, at least annually, with the board of supervisors of the
county, for the proceeds of such labor.

Id., 8 9; see Laws of 1884, chap. 21 .

Convicts May be Employed on Hig^hTrays,

Etc. — The keepers of said prison shall, respectively, have power,
with the consent of the supervisors of the county, from time
to time, to cause such of the convicts under their charge, as are
capable of hard labor, to be employed upon any of the public
avenues, highways, streets or other works, in the county in which
such prisoners shall be confined, or in any of the adjoining counties.

576 StJPEEVisoRs' Manual.

upon such terms as may be agreed upon between said keepers and
the officers or other persons under whose direction such convicts
shall be placed.

Id., § 10. But see Laws of 1884, chap. 21, just below.

The superintendent of State prisons shall not, nor shall any other
authority whatsoever, renew or extend any existing or pending con-
tract, or make any new contract for the employment of any convicts
in any of the prisons, penitentiaries or reformatories within this

Laws of 1884, chap . 21 .

§ 680. Houses of Detention.— The Laws of 1875,
chapter 464, also provide :

" Section 1. The boards of supervisors of each of the connties in this State,
except in the county of Kings and city and county of New York, are hereby
authorized and empowered to procure, by lease or purchase, a suitable place or
places other than common jails, for the safe and proper keeping, and care and
keep of women and children charged with offenses and held for trial, and all
persons detained as witnesses; such places to be termed houses of detention. "

8 R. S. 2542. ''

The sheriff is to have charge and control thereof, and entitled to collect from
the county the same fees and compensation for care and board of said persons as
are now allowed by law for the care and board of prisoners confined in the com-

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 63 of 96)