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 64 of 96)
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mon jail.

Id., § 4.

§ 681. Penitentiaries— Agreement for Keep-
ing' Prisoners in Penitentiary.— It shall be lawful
for the several boards of supervisors in the several counties of this
State, to enter into an agreement with the board of supervisors of
any county having a penitentiary therein, or with any person in
their behalf, by them appointed, to receive and keep in the said
penitentiary any person or persons who may be sentenced to confine-
ment therein, by any court or magistrate, in any of the said several
counties in the State, for any term not less than sixty days. When-
ever such agreement shall have been made, it shall be the duty of
the said several boards of supervisors of the several counties afore-
said to give pubhc notice thereof, specifying in such notice the period
of the continuance of such agreement, which said notice shall be
published in such newspapers, printed in said several counties, not
less than two and for such period of time not less than four weeks,
as the several boards of supervisors of said several counties shall
direct.

Laws of 1859, chap. 289, aa amcDded by Laws of 1874, chap. 209 ; 8 B. S. 2632.



Board op Supervisoes — Miscellaneous Duties. 577

It was made the duty of courts, police justices, justices of the
peace, or other magistrates, by whom any person may be sentenced in
the several counties of this State, for any term not less than sixty
days, during the continuance of the agreement mentioned in the first
section of this act, to sentence prisoners for any crime or misde-
meanor, not punishable by imprisonment in the State prison, to such
penitentiary.

Id., s 2.

§ 682. Itshallbedutyof the sheriffs, deputy sheriffs, constables or
policemen in and for the several counties of this State, to whom any war-
rant of commitment, for that purpose, may be directed by any court or
magistrate in this act mentioned, to convey forthwith such person, so
sentenced, to the penitentiary referred to in the second section of this
act, and there deliver such person to the keeper of such penitentiary,
whose duty it shall be to receive such persons so sentenced, during
the continuance of said agreement, authorized by the first section of
this act, to be there safely kept and employed according to the rules
•and discipline of such penitentiary ; and the officers thus conveying
such convicts so sentenced shall be paid such fees and expenses there-
for as the several boards of supervisors of the several counties of
this State shall prescribe and allow.

Id., § 3, as amended by chap. 108, Laws of 1876.

Under Laws 1847, chap. 455, sec. 26, providing tbat all fees of officers in crinii-
nal proceedings shall be paid by the several towns or cities where the offense
shall have been committed, except in case of felonies or proceedings in any court
of oyer and terminer or court of sessions of the county, a constable's fees for con-
veying persons convicted in the special sessions of Yonkeraof misdemeanors com-
mitted in that city to Albany penitentiary are chargeable against the city of Yon-
kers and not against the county of Westchester.

People, exrel., v. Board of Supervisors, 6 N. Y. Sup. 153.

See ante, § 460.

Held, that the act of 1874 (Laws of 1874, chap. 209) is constitutional and valid
which authorizes boards of supervisors to agree with any county having a peni-
tentiary therein, to receive into and keep any per.son sentenced to confinement for
a term not less than sixty days, and making it the duty of every court, in a county
so agreeing, to sentence to such penitentiary any person convicted of an offense
not punishable with imprisonment in a State prison, who is sentenced for a term
not less than that specified.

Brown r. The People, 75 N. Y, 437.

The provisions of " the act to reduce the number of town officers " (chap. 180,
Laws of 1845, § 36, as amended by chap. 455, Laws of 1847, § 13), providing for
the payment of the fees of magistrates and other officers for certain criminal
proceedings by the towns or cities where the offense was committed (see § 460,
ante), "does not embrace the fees of a sheriff, as jailer, or otherwise. It
was intended only to apply to the fees of local officers in preliminary criminal
proceedings in cases under the grade of felony; not to afliact the liability of a
county for services of county officers after commitment, either for trial or upon
sentence."

73



578 SupEKvisoEs' Manual.

The accoants of a sheriff for receiving prisoneiB into and discharging them from
jail and for their board while confined therein, are properly county charges.

People, exrel. Van Tassel, v. Supervisors, 67 N. T. 830.

The accounts of a sheriff for receiving prisoners into and discharging them
from jail, and for their board while confined therein, are proper county charges.
(Laws of 1847, chap. 460, § 8, tit. 1, art. 1 ; 1 R. S. 385, § 3.) The liability of a
county extends not only to such official services in cases strictly criminal, but in-
eludes also quaii criminal oifenses, such as violations of city ordinances, the only
distinction being that, in the latter cases, instead of the statutory fee, the board
of supervisors have power to fix the compensation.

Accordingly held, that the granting of a writ of mandamua was proper to com-
pel a board of supervisors to audit the accounts of the county sheriff as jailer, for
receiving, discharging and boarding prisoners committed by the officers of a city
for misdemeanor and violations of city ordinances.

Id. ; Russ V. Board of Supervisors, 38 UuD, 22.

It is not essential to the validity of a sentence to imprisonment in a county
penitentiary, under the statute authorizing such imprisonment (chap. 209, Laws
of 1874, as amended by chap. 108, Laws of 1876), that it shall etate that the pris-
oner is "to be received, kept and employed in the manner prescribed by law and
the rules of the penitentiary," That provision of the statute is no part of the
sentence, but is simply directory to the keeper of the penitentiary.

People, exrel., v. Sadler, 97 N. T. 146.

§ 683. Expenses, -when a State Cbarg^e.-

Whenever any person shall be convicted of an offense punishable witli
imprisonment in the State prison, in either of the judicial districts of
the State having a county penitentiary within said judicial district,
and such person so convicted shall be sentenced to imprisonment for
a term not exceeding three years, the court before which such con-
viction shall be had may, in its discretion, sentence the prisoner so con-
victed to be imprisoned in the county penitentiary situated within
that judicial district instead of a State prison.

Laws of 1875, chap. 671 ; 8 B. S. 2644.

The expenses of removing such convict to and maintaining at
said penitentiary are a State charge.
Id., § 2.

A similar law exists for female convicts convicted of crimes pun-
ishable by imprisonment in a State prison.

Laws of 1877, chap. 172; 3 R. S. 2646.

684. Jail Physicians The board of supervisorsof

each county, except New York, must appoint some reputable
physician, duly authorized to practice medicine, as the physician to
the jail of the county. If there is more than one jail they must ap-
point a physician to each. He holds his office at the pleasure of
the board, except in Kings county where his term of office is three
years.

Code of Civ. Pro., { 126.



BOAKD OF StJPEBVISORS — MlSCELLAJIEOITS DUTIBS. 579

WEIGHTS AND MEASURES.
§685, State Superintendent. — A superintendent of

weights and measures for this State, who shall be a scientific man,
of sufficient learning and mechanical tact to perforin the duties of
his office, shall be appointed by the governor, lieutenant-governor
and secretary of State, or any two of tliem, at a meeting called for
this purpose by the secretary of State, and shall hold his office during
their pleasure.

Chap. 134, Laws of 1851, § 16.

His Duties. — It shall be the duty of the superintendent to
take charge of the standards adopted by this act as the standards
of the State ; to see that they are deposited in a fire-proof building
belonging to the State from which they shall in no case be removed,
and to take all other necessary precautions for their safe-keeping.
It shall also be his duty to correct the standards of the several cities
and counties, and provide them with such standards, balances and
other means of adjustment, as may be necessary ; and as often as
once in ten years, to compare the same with those in his possession ;
he shall, moreover, have general supervision of the weights and
measures of the State.
Id., § ir.

§ 686. All Counties to be Supplied ; Expenses.

— That for the better enabling the State superintendent of weights
and measures to carry into effect that clause of the seventeenth section
ante) "which requires that the said superintendent shall pro-
vide the several counties of the State with such standards and bal-
ances as may be necessary," he is hereby authorized to contract with
such manufacturers as he may select for their abihty and experience,
for the making and furnishing so many sets of weights and measures
and such and so many balances as shall be necessary to supply those
counties that are not yet provided with a proper and efficient set of
standard weights and measures and balances to meet the requirements
of the said act in relation to weights and measures, as specified more
particularly in the twenty-first section of the same, together with one
additional set of such standards, to remain on deposit in the office of
the said State superintendent, as a model whereupon to construct
new standards for such counties as may be hereafter erected within
this State. The said standard shall be fabricated and manufactured
of such materials, denorainatioos and fashion of workmanship as



580 SuPEEvisoEs' Manual.

shall be directed by the said superintendent and conformed by the
manafactnrers as nearly as practicable to the standard established by
the United States government. The cost and expenses of the said
standards shall be paid by the treasurer of the State, on the warrant
of the comptroller, based upon the certificate of said superintendent,
stating that the said sets of weights, measures and balances have
been delivered into his possession and have been examined and ap-
proved by him ; provided as an essential condition, that the said
standards are obtainable at such rates as shall be deemed just and
reasonable by the superintendent.

Chap. 326, Laws of 1854, § 1.

§ 687. Examination and Distribution.— On re-
ceiving the aforesaid weights, measures and balances, the State super-
intendent of weights and measures shall forthwith pi'oceed to examine
the balances and compare each set of weights and measures with and
conform the same as exactly as possiblcto the State standard weights
and measures in his possession ; and shall thereupon forward one set
of such standard weights and measures, together with the requisite
balances, to the county clerk or county sealer of each county in the
State not already supplied with the same, for the use of the county
sealer of such county, as specified in the twenty-first section of the act
to which this is an addition (see below, § 690), the cost of transpor-
tation to be defrayed out of such county treasury respectively, and
the fees and expenses of the State superintendent for verification and
sealing to be paid by the county treasurers to the said superintendent,
on his order.

Id., §2.

§ 688. Prime Cost to be Charged to the
County. — In order to indemnify the State treasurer for the ex-
penses incurred under the first section of this act, the prime cost of
each set of standards shall be charged to the county to which the
same is assigned, and shall remain to the debit of said county until
fully repaid, but without interest for one year after the date of the
delivery of such set of standards ; and the board of supervisors of
every such county at their first annual meeting after the reception
of such set of standards, shall provide the means to meet the ex-
penses and charges incident thereto, and shall authorize the county
treasurer to pay into the treasury of the State the prime cost of such
standards, together with the interest accruing upon the same from
one year after the reception of such standards.
Id., § 8.



Board oe Supervisors — Miscellaneous Duties. 581

§ 689< County Sealex*. — The board of supervisors of
each county shall, at their annual meeting, appoint a county sealer
of weights and measures, who shall hold his office during the pleas-
ure of the board.

Chap. 134, Laws of 1851, § 20.

§ 690> His Duty. — It shall be the duty of the county sealer
to take charge of the county standards and standard balances, and
provide for the safe keeping; to provide the town with such
standard weights and measures and standard balances as may
be wanting, and to compare the town standards with those in
his possession as often as once in every five years. In case any
town shall fail to procure or obtain l;he proper standards of
weights and measures for said town, or in case there be no sealer
of weights and measures in said town, then in such case it shall
be the duty of the county sealer, in the county where such town
is situated, to act in said town, aiad perform the duties of a town
sealer in such town, and shall be entitled to the fees as is al-
lowed by section 27 of said act; and also may perform and execute
the duties of town sealer in such towns, and for such times as said
towns may not have therein a qualified town sealer, or may not have
the requisite standard of weights and measures therein, and shall re-
ceive for such services the same fees as are allowed to town sealers
for similar services.

Id., § 21, as amended by chap. 77, Laws of 1863, and chap. 666, Laws of 1865.

§ 691. Tcwn SeSrlei*. — A town sealer of weights and
measures shall be appointed by the supervisor and justices of the
peace of the town, and shall hold his office during their pleasure.

Id., S 22.

§ 692. His Duty. — It shall be the duty of the town sealer
to take charge and provide for the safe-keeping of the town stand-
ards, and to see that the weights, measures and all apparatus used
for determining the quantity of commodities used throughout the
town, which shall be brought to him for thai purpose, agree with
those standards in his possession.

Id., §23.

§ 693. Copies of Standards for Counties.— The

supervisors of each county shall, at their first annual meeting after
the passage of this act, provide for procuring the proper standards
of weights and measures for their respective counties, and for each



583 Supervisors' Manual.

of the towns therein ; and all expenses directly incurred in f urDish-
ing the several cities, counties and towns with standards, or in com.
paring and adjusting those already in their possession, shall be borne
by the respective cities, counties and towns for which such expenses
shall have been incurred.

Id., §24.

Modification of tb.e Above.— So much of the twenty-
fourth section of the act * * * of 1851 (§ 693, cmte), " as requires the
supervisors of each county to provide for procuring a set of county
standards, is modified by the preceding third section of this act"
(§ 688, ante)," so far as respects the several counties that have not
acted under said twenty-fourth section; but the remainder of the sec-
tion shall remain in full force, to the effect that the supervisors
of each county shall, soon after the passage of this act, provide for
procuring the proper standard weights, measures and balances for
each of the towns in said county, at the expense of such towns
respectively."

Chap. 826, Laws of 1854, § 4.

§ 694. Devices for Weig'b.ts and Measures.—

The State superintendent of. weights and measures shall see that
there are impressed on all the city and county standards the emblem
of the United States, the letters " N. Y.," and such other device as
he shall direct for the particular county ; and the county sealers shall
see that, in addition to the above device, there is impressed on the
town standards such other device as the board of supervisors shall
direct for the several towns.

Chap. 134, Laws of 1851, § 25.

§ 695. Weights and Measures to be Marked*

— Whenever the several sealers of the cities, counties and towns
shall compare weights and measures, and find or make them to cor-
respond with the standards in their possession, they shall seal and
mark such weights and measures with the appropriate devices.

Id.,S26.

§ 696. Fees. — Each sealer shall be entitled to receive for his
services at and after the following rates :

For sealing and marking every beam, ten cents.

For sealing and marking measures of extension, at the rate of ten
cents per yard, not to exceed fifty cents for any one measure.

Eor sealing and marking every weight, five cents.



BoAKD OF Supervisors — Miscellaneous Duties. 583

For sealing and marking liquid and dry measures, ten cents for
each measure. He shall also be entitled to a reasonable compensa-
tion for making weights and measures conform to the standards in
his possession.

Id., §2T.

§ 697. In Case ofVacancies, Standards to be
Delivered to Successors in Office.— « « ^

When any city, county or town sealer shall resign, be removed from
oflSce or remove from the city, county or town in which he shall
have been appointed or elected, it shall be the duty of the person
so resigning, remqved or removing, to deliver to his successor in
office all the standard beams, weights and measures in his possession.

Id., §28.

§ 698. Id., in Case of Death.— In case of the death of
any such sealer of weights and measures, his representative shall in
like manner deliver to his successor in oifice such beams, weights
and measures.

Id., §29.

§ 699. Penalty for Refusal.— In case of refusal or
neglect to deliver such standards, entire and complete, the successor
in office may maintain an action against the person or persons so
refusing or neglecting, and recover double the value of such stand-
ards as shall not have been delivered. And in every such action in
which judgment shall be rendered for the plaintifE he shall recover
double costs.

Id., §30.

§ 700. Damagres, ho^r Disposed of.— One-half of

the damages in every such action shall be retained by the person so
recovering, and the other shall be applied to the purchase of such
standards as may be required in his office.

Id., §81.

§ 701. Usin^ False Weig^hts, Measures, etc.—

A person who injures or defrauds another by using, with knowledge
that the same is false, a false weight, measure or other apparatus,
for determining the quantity of any commodity or article of mer-
chandise, or by knowingly delivering less than the quantity he rep-
resents, is guilty of a misdemeanor.

Penal Code, 8580.



584 SuPEKVisoEs' Manual.

§ 702. Keeping False Weig-lltS.— A person who re-
tains in his possession any weight or measure, knowing it to be false,
unless it appears beyond a reasonable doubt that it was so retained
without intent to use it, or permit it to be used in violation of the
last section, is guilty of a misdemeanor.

Id., §581.

§ 703. False Weights and Measures Author-
ized to toe Seized. — A person who is authorized or enjoined
by law to arrest another person for violation of the last two sections,
is equally authorized and enjoined to seize any false weights or
measures found in the possession of the person so arrested, and to
deliver the same to the magistrate before whom the person so arrested
is required to be taken.

Id., § 582.

§ 704. May be Tested by Committing Magis-
trate, and Destroyed or Delivered to District
Attorney. — The magistrate to whom any weight or measure is
delivered, pursuant to the last section, must, upon the examination of
the defendant, or if the examination is delayed or prevented, without
awaiting such examination, cause the same to be tested by compari-
son with standards conformable to law ; and if he finds it to be
false, he must cause it to be destroyed, or to be delivered to the dis.
trict attorney of the county in which the defendant is liable to in-
dictment or trial, as the interests of justice in his judgment re-
quire.

Id., § 583.

§ 705. Shall be Destroyed after Conviction

of OflTender. — Upon the conviction of the defendant, the dis-
trict attorney must cause any weight or measure, in respect whereof
the defendant stands convicted, and which remains in the possession
or under the control of the district attorney, to be destroyed.

In., § 584.

§. 706. Stamping False Weights or Tare on
Casks or Packages. — A person who knowingly marks or
stamps false or short weights, or false tare on any cask or package, or
knowingly sells or offers for sale any cask or package so marked,
is guilty of a misdemeanor.

Id., § 585.

It is the practice in many towns to eleet town sealers of weights and measures
in the same manner as other town officers are elected. Sealers so elected acquire



Board of Supbrvisobs — Miscellaneous Duties. 585

DO authority for the discharge of such duties, and none can be acquired except
by appointment as herein provided.

No authority exists for county or town sealers to visit, uninvited, the business
dealers and examine or compare the apparatus used by them in determining
quantities furnished by such dealers, and these officers are empowered to exam-
ine and compare the weights and measures only which are " brought to them for
this purpose."

SUPPORT OF THE POOR.

§ 707. Supervisors May Erect Poor-House.

— The board of supervisors of any county in this State in which a
county poor-house is not already erected may, at any annual or
special meeting thereof, determine to erect such house for the
reception of the poor of their county ; and upon filing such deter-
mination with the clerk of the county they may direct the superin-
tendents of the poor of such county to purchase one or more tracts
of land not exceeding two hundred acres and to erect thereon one
or more suitable buildings for the purpose aforesaid. To defray the
expenses of such purchase and buildings, the said board may raise
by tax on the real and personal estate of the inhabitants of the
same county, a sum not exceeding $7,000, by such installments and
at such times as they may judge expedient. The said tax shall be
raised, assessed and collected in the same manner as the other county
charges, and shall be paid by the county treasurer to the superin-
tendents of the poor of the county, to be applied in defraying the
expenses aforesaid.
3R. s. 1856, §ir.
See Decisions, § 716, post.

The board of supervisors have power to purchase, for the use of
their county, any real estate necessary to the erection of public
buildings and for the support of the poor of such county, and to
locate the site of buildings when they are not already located.

Laws of 1849, chap. 194; see, also, Laws of 1875, chap. 482, § 1, subd. 1.

§ 708. Supervisors to Determine Number of
Superintendents.— It shall be lawful, hereafter, for the
board of supervisors in any county at any annual meeting of such
board, to direct, by resolution, that thereafter only one county
superintendent of the poor shall be elected in and for such countv,
who shall hold his office for three years, but in all counties where
no such resolution shall have been passed, three county superintend-
ents of the poor shall be elected. And after the board of super-
74



586 Supervisors' Manual.

visors of any county shall have, by resolution, directed that only
one superintendent of the poor shall be elected in and for such
county, the said board may, at any annual meeting thereof, revoke
such resolution, and may, by resolution, direct that thereafter three
superintendents of the poor shall be elected in and for such county.
The superintendent of the poor who shall be in ofSce at the time of
the adoption of the resolution hereby authorized shall hold his office
(subject to all provisions of law) until the expiration of the terra of
office for which he was elected. If the term of office of such super-
intendent will expire on the 31st day of December of the same year
of the adoption of said resolution, then three superintendents of the
poor for said county shall be elected at the next general election,
whose term of office, respectively, shall be determined in accordance
with the provisions of section 3 of said chapter 498. If the term of
office of the superintendent of the poor in office at the time of the



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 64 of 96)