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 70 of 96)
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provement, and that prior to the issuing and negotiation of said bonds,
said county treasurer execute, acknowledge and deliver to this board, a
bond in pursuance of section 3, chapter 483, Laws of 1875, in the penal
Bum of $30,000 with two sureties to be approved by the county
judge, for the faithful performance of his duty in the issue of such
bonds and the lawful application of the funds arising therefrom, and
the full accounting therefor, and of the funds which may be raised by
tax for the payment thereof which may come into his hands annually,
to the board of supervisors of said county.



<636 SuPEKvisoEs' Manual.

Mesohed, That any and all expenses incurred, or services rendered
by the county treasurer, in the carrying out of the duties herewith im-
posed, be presented to the board of supervisors for their audit and
allowance.

Resolved, That the form of the bond so to be issued shall be as fol-
lows.

form of "No Series No....

iga ion. ^ Bond. . County of Oneida. . . . For the Altering and Improving the
County House.
Know All Men by These Presents, that the county of Oneida is held

and firmly bound unto in the sum of

dollars, to be paid to the said his or

their certain representatives, successors or assigns on the 1st day of
March, 188. . ., for which payment well and truly to be made, the said
county of Oneida binds itself firmly by these presents.
Dated the day of 18 .

The Condition of this Obligation is such that if the ubove-bounden
County of Oneida shall well and truly pay or cause to be paid to the
above-named his or their certain representatives, suc-
cessors or assigns, the sum of dollars, and annual interest

upon all sums unpaid thereon, to be paid on the first day of March, as
the same shall occur, at the rate of four per cent from the date of the
last payment thereof, then this obligation shall be void; otherwise to
remain in full force and virtue.

All payments of principal and interest to be made at the office of the
county treasurer.

This bond is issued in pursuance of chapter 483, Laws of 1875, and of
a resolution of the board of sapervisors of said county, passed Decem-
ber...., 18 .

In witness whereof, the said county has caused these pres-

r n ents to be attested by the official seal of said board of super-

>■ ' -I visors, and signed by the treasurer of said county the day and
year above written.



County Trbasdbeb.



Certlfl STATE OF NEW YORK, '



cate.



Oneida County,

;OAKD OP SUPBKVIf

Dated , 18



In Boakd op Supervisors, f "' •'



The foregoing resolution was duly passed by a majority of all the
members elected to the said board, voting in favor thereof.

r, o 1 By Order of the Board.

'■ ■■ LESTER G. WATTFUL.

H. B. Mazfield, Chairman."

CliBRK.

§ 794. 2. Authorizing- Survey of Higliway
and Making* Records Thereof.

RESOLUTION No..

A resolution authorizing and directing the highway commissioner of the town
of Lee, at the expense of said town, to cause surveys of any and all highways in
said town, and to make a complete systematic record thereof, and establish the
location of said highways by suitable monuments.

Passed in pursuance of subdivision 11 of section 1 of chapter 482 of the Laws
of 1875, and the amendments thereof, by a vote of a majority of all the super-
yisors elected to the board, including the supervisor from the town of Lee, voting
in favor thereof.



Committee on Lbgislatiok. 637

BesoUed, That the highway commissioner of the town of Lee be, and he is
hereby anthorized and directed, at the expense of said town, to cause survey to be-
made of any and all highways in said town, and to make a complete and system-
atic record thereof, and to revise, collate and rearrange existing records of high-
ways, and to correct and verify the same by new surveys, and to establish the
location of highways by suitable monuments whenever such commissioner may
deem it expedient.

Such records so made or revised, corrected and verified, shall be deposited witli
the town clerk of said town, and shall thereafter be the lawful records of the
highways which they describe, but shall not affect rights pending in any judicial
proceedings commenced prior to the deposit with the. town clerk of such new or
revised records

STATE OF NEW YORK, ]

CoxiNTT OF Oneida, I .
In Boabd of Stjpervisoks, f "
Nov. th, 18 . J

The foregoing resolution was duly passed by a majority of all the
fL. B.J members elected to said board, including the supervisor of the

town of Lee, voting in favor thereof by yeas and nayS:

, Clerk. , Chairmak.

3. Autbopizing I^evy for Road-Scraper.

(Number, title and statement as before.)

Sesohed, That pursuant' to the certificate and request of the board of auditors
of the town of Deerfield, made to the board in accordance with the provisions of
chapter 398, Laws of 1883, and duly placed upon the files of this body, the fol-
lowing sums, as apportioned by said auditors to the several highway districts in
said town, viz.: District No. 2, $58.86; District No. 5, $58:40; District No. 16,
$24.36; District No. 41, $58.40; District No. 43, $16.86; District No 47, $19.50;
aggregating the sum of $236.38, and the amount of said tax, as extended against
the owners of the taxable property in said districts, for the purpose of procuring
and defraying the cost of two Waldo road-scrapers for the joint use of said high-
way districts, be, and the same is hereby confirmed in each and every respect,
and that the collector of taxes in and for said town be directed to pay the moneys
resulting from the said taxes to thei commissioner of highways thereof.

{Add certificate.)

This resolution should be passed after the tax against the proper tax payers
has been extended and entered in the assessment-roll.

§ 795. 4. Authorizing Town to BorroTT
Money.

(Number, title and statement as before.)

RESOLUTION No.... Number.

A RESOLUTION authorizing the town of Forestport to borrow Title and
$2,000 on the credit of said town, by the issue of town bonds therefor, state-
and to authorize the supervisor of said town to issue and negotiate said ™6nt.
bonds for the purpose of liquidating the expenses of erecting and main-
taining bridges therein, and to provide means for payment thereof,
passed in pursuance of the provisions of chapter 482, Laws of 1875, and
its amendments, a majority of all the supervisors elected to the board
voting in favor thereof.

Whereas, The supervisor of the town of Forestport has applied,
by and with the consent of the commissioners of highways, the justices



638 SupEKVisoEs' Mahttal.

of the peace and town clerk of said town (which application and consent
are duly filed), to borrow the sum of $3,000, for and on credit of said
town for the purpose above mentioned ; therefore

Resolved, That the town of Forestport, in said county, be, and the
same is hereby authorized to borrow the sum of $3,000, to pay said ex-
penses of erecting and maintaining bridges in said town, and to issue
bonds for said sum, bearing interest at four per cent per annum, in
manner following :

Series No. 1. " For erecting and maintaining bridges in the town of
Forestport, county of Oneida, State of New York," one thousand dol-
lars, to mature April 1, 1891, payable at the First National Bank of
Utica, N. T.

Series No. 3. "For erecting and maintaining bridges in the town
of Forestport, county of Oneida, State of New York," one thousand
dollars, to mature April 1, 1893, payable at the First National Bank of
Utica, N. Y.

Resolmd, That the supervisor of said town be and he is hereby author-
ized and directed to issue and negotiate said bonds, according to law, at
not less than the par value thereof, and to the best advantage, and
apply the proceeds thereof in payment of the expenses aforesaid, and
that prior to the issuine^ and negotiation of said bonds, said super-
visor execute, acknowledge and deliver to this board a bond (in addition
to the security now required by law to be given by said supervisor), in
the penal sum of $4,000, with two sureties to be approved by the jus-
tices of the peace, town clerk and highway commissioners of said town,
for the faithful performance of his duty, in the issue of such bonds and
the lawful application of the funds arising therefrom, and the full ac-
counting therefor, and of the funds which may be raised by tax for the
payment thereof, which may come into his hands annually, to the said
board of supervisors.

Resolved, That the form of the bonds so to be issued shall be as follows:

"No Series No

Bond.... Town of Forestport, County of Oneida, State of New York For

Erecting and Maintaining Bridges in said Town.

Know All Men by these Presents, that the town of Forestport, county and

State aforesaid, is held and bound unto in the sum of

dollars, to be paid to the said his or their certain representa-
tives, successors or assigns, on the 1st day of April, 18 .... for which payment
well and truly to he made the said town of Forestport binds itself firmly by
these presents.

Dated the day of 189. . . .

The Condition of this Obligation is such that if the above-bounden town of For-
estport shall well and truly pay or cause to be paid to the above-named

his or their certain representatives, successors or assigns, the sum of

dollars, and annual interest upon all sums unpaid thereon, to be paid on the 1st
day of April, as the same shall occur, at the rate of four per cent from the date
of last payment thereof, then this obligation shall be void ; otherwise to remain
in full force and virtue.

All payments of principal and interest to be made at the First National Bank
of Utica, New York.

This bond is issued in pursuance of chapter 483, Laws of 1875, and its amend-
ments, and of a resolution of the board of supervisors of Oneida county, passed
December . . , 18. ..

In witness whereof, the said town has caused these presents to be sealed and
signed by the supervisor of said town and indorsed by the certificate of
the town clerk thereof, to the effect that such bonds are issued with the
cx)nsent of the highway commissioners, justices of the peace and town
clerk of said town, at a meeting thereof duly held on the . .th day of
March, 18...



Committee ou LsGisLATioiir. 639

Besolved, That there shall be assessed and levied upon the taxable property of
said town of Forestport in the year 18. ., the sum of $1,080, to pay the interest
and bond falling due on April 1, 18; ., and that there shall be assessed and levied
upon' the taxable property of said town in the year 18.., the further sum of
$1,040 to pay the interest and bond falling due on April 1, 18. ., and the amounts
BO assessed and levied shall be paid to the supervisor of said town and shall be
applied by him to the payment of said obligations as they respectively mature.

Mesohed, That any and all claims for expenses incurred or services rendered by
said supervisor in carrying out the duties hereby imposed upon him, be presented
to the board of auditors of said town for their audit.

{Add Certificate.)

It would be safer to have them indorsed by the town clerk with the certificate,
substantially in the following form :



^1



STATE OF NEW YORK

County op Oneida,

Town of Fokbstpokt,

I, Henry Smith, Town Clerk of said town of Forestport, do hereby certify,
that the within bond is issued with the consent of the commissioners of high-
ways, town clerk and the justices of the peace of said town duly given, at a meet
ing thereof duly held on March . . , 18. ..

HENRY SMITH,

Town Clerk.

Totth Bonds (Oonimiced). Where the statute does not pre-
scribe a form of iond, the following has been held good, although
not sealed :

STATE OF NEW YORK :
No. 8. County of Cayuga. $1,000.

Seven per cent Loan, not Bxceeding $35,000.

Be it known, that the town of Venice, in the county of Cayuga and State of
New York, in pursuance of an act of the legislature of the said State, entitled
' ' An act to authorize any town in the county of Cayuga to borrow money for aid -
ing in the construction of a railroad, or railroads, from Lake Ontario to the New
York and Erie, or Cayuga and Susquehanna railroad," passed April 16, 1852, and
for the purpose of aiding the construction of the Lake Ontario, Auburn and New
York railroad, owes and promises to pay to , or bearer, $1,000, with inter-

est at the rate of seven per cent, payable semi-annually, on the first days of Jan-
uary and July in each year, on surrender of the coupons attached, at the Bank of
the State of New York, in the city of New York, the principal to be reimbursable
at the same place, at the expiration of twenty years from the 1st day of Janu-
ary, 1853.

In testimony whereof, the supervisor and commissioners of the town of Venice
have, pursuant to the provisions of the act aforesaid, and the written
assent of two-thirds of the resident tax payers of said town, obtained
and filed in the office of the clerk of the county of Cayuga, hereunto sub-
scribed their names, this . .th day of February, A. D. 18. ..

(Signed.) A. B..

SUPEBYISOR.
J. W.

J. s.,

COMMISBIONERS.



640 SuPEKvisoRs' Manual.

Cayuga County Clbbk's Office, as.:

I, E. B., clerk of the county of Cayuga, hereby certify that a paper pur-
porting to be the written assent of two-thirda of the resident tax payers of the
town of Venice, with the affidavit required by section 1 of the act referred to by
its title in the foregoing bond, has been filed in this office.

Dated Auburn, , 18. . .

E, B.,

Clerk of Cayuga County.

Gould T. Town of Venice, 29 Barb. 442.

§ 796- 5. Resolution to Divide ToTrn and
Erect a Ne-w ToTrn.

(Number, title and statement as before.)

Whereas, Application has been duly made to the board of supervisors of
county to erect a new town in said county by more than twelve freeholders
of each of the towns to be affected by the division, alteration and erection, and a
map and survey of the towns to be affected thereby, showing the proposed altera-
tions, has been duly furnished, therefore

Resolved, That all that part of the town of described and bounded as

follows, viz. : (insert boundaries idth the same accuracy as in deeds) is hereby erected
into a separate town, to be hereafter known and distinguished by the name
of

The first annual town meeting in the town hereby erected shall be held at the
house now occupied by , in said town, on the day of March, 18 ;

and thereafter the same shall be held on the same day that other towns hold their
annual town meetings in said county of

A. B., C. D. and E. F., electors of said town, are hereby appointed to preside at
the first town meeting to be held in said town of , to appoint a clerk,

open and keep the polls, and shall have and exercise the same powers as justices
of the peace when presiding at town meetings, and in case any of said three
electors above named shall refuse or neglect to serve, the electors of said town
present at such meeting shall have power and they are hereby authorized to sub-
stitute some elector of said town for each one so refusing or neglecting to serve.

All the rest and remainder of the town of is hereby erected into a

separate town, to be hereafter known and distinguished as the town of

The first annual meeting in the town hereby erected shall be held at the house
now occupied by , in said town, on the day of March, 18 ; and

thereafter the same shall be held on the same day that other towns hold their an-
nual town meetings in said county of

M. S., A. B. and S. W., electors of said town, are hereby appointed to preside at
the first town meeting to be held in the said town of , to appoint a clerk,

to open and keep the polls, and have and exercise the same powers as justices of
the peace when presiding at town meetings, and in case any of said electors last
above named shall refuse or neglect to serve, the electors of said town present at
such meeting shall have power, and they are hereby authorized, to substitute
some elector of said town for each one so refusing or neglecting to serve.

This act shall take effect on

{Add certificate).

A certified copy of this resolution and of the maps should be filed in the office
of the secretary of State.



Committee ok Legislation. 641

§ 797. To Authorize ToTrn Meeting-s to be
Held by Election Districts.

(Number, title and statement as before.)

The board of supervisors of the county of ( ) in pursuance of subdi-

vision 26 of section 1, chapter 482, Laws of 1875, do hereby resolve and enact,

1. The town of shall be divided, as the same is now divided, into
town election districts, for the election of all town officers, required by law, to be
elected by ballot.

2. District Number One shall comprise the present Election District Number
One, in said town, and shall hold its elections therein at the village of

3. District Number Two shall comprise the present Election District Number
Two in said town, and shall hold its elections at the village of

4. District Number Three shall comprise the present Election District Number
Three in said town, and shall hold the elections therein at the village of

5. The supervisor, assessors and town clerk of said town shall meet at the
town clerk's oflSce, in said town, on the first Monday of February, as the same
shall hereafter occur, at ten o'clock in the forenoon, and form themselves into a
board; and in case a majority of said officers for any cause do not attend on that
day, it shall be the duty of those who do attend, to adjourn to some future day,
not exceeding five days, and shall immediately give notice in writing to those
officers who do not attend of the time of such adjournment; and it shall be the
duty of such officers to attend on said adjourned day, and proceed in the same
manner as though a majority had attended on the day appointed herein. They
shall designate the house in each of the places herein named at which town elec-
tions shall be held during the year, and they shall thereupon give notice, written
or printed, or partly written and partly printed, of the annual town elections in said
districts, together with a list of all such town officers as are to be elected at such
election, and post the same in at least ten public places in each district, at least
six days previous to the holding of such annual town elections, which elections
shall be the same day oH which the annual town meeting now is, or shall here-
after be designated, shall be held.

6. The said town officers shall also at the meetings herein required to be held
by them on the said first Monday of February, as the same shall hereafter occur,
designate and assign one justice of the peace of said town, together with the
inspectors of election now provided by law in each election district, to hold the
said election in each of said districts, who shall act as the board of inspectors
thereof for such districts, and the said inspectors shall be allowed to vote in the
districts where they shall be respectively designated and assigned, which designa-
tion and assignment shall at the time of making the same, be signed by the board
and filed in the office of the town clerk, who shall immediately cause written or
printed notice thereof to be given to the officers designated as inspectors of elec-
tions in each of said districts.

7. The officers thus assigned and designated shall be the inspectors of the an-
nual and special town elections held in the several districts in said town for
which they have been appointed, for the election of all town officers required by
law to be elected by ballot.

8. In case of a vacancy in the board of inspectors in any election district in said
town, or of the absence or inability of any town officer appointed as aforesaid to
act as'inspectors at any election, the inspectors who are present are hereby author-
ized and empowered to fill all vacancies by appointment from among the electors
of such district for the time being, who shall take the oath of office as hereinafter
provided.

9. The inspectors of the said elections shall receive the same comnensation pro-
vided by law for such services at the general elections.

10. If a special election shall be called to fill a vacancy in any town office, tne
town clerk shall give the like notice, provided in section 5, together with a list of
such town officers as are to be chosen at such election; and the justices of the
peace in said town shall meet at the office of the town clerk on the succeeding
day, and proceed to complete the canvass and declare the result as hereinaftei
provided for the annual town elections.

11. The inspectors of each election district shall meet at the time and place

81



643 Supervisors' Manual.

where an election shall have been appointed to be held therein, and shall proceed
to organize themselves as a board, for the purpose of presiding at, and conducting
said election.

12. The inspectors shall appoint one of their number chairman of the board
who shall administer the constitutional oath of office to the other inspectors, and
the same oath shall then be administered to the chairman by one of the other in-
spectors.

13. The inspectors, or amajority of them, shall then appoint a clerk from their
number, who shall take the constitutional oath of office, which shall be adminis-
tered to him by the chairman, and such clerk shall keep a poll-list, and make
such other minutes as may be required.

14. Before the electors shall proceed to vote for any town officer, they shall de-
termine the hour for closing the poll of such election, and proclamation shall
thereupon be made of such hour.

15. The inspectors shall possess the same authority to preserve order as is
vested in the board of inspectors at a general election, and shall proceed in the
same manner, and be governed by the same rules provided for the election of town
officers in title 3, article 1, of the Eevised Statutes.

16. As soon as the poll of an election district shall have been finally closed, the
inspectors in their respective districts shall proceed to canvass the votes. Such
canvass shall be public, and shall not be adjourned or postponed until it shall
have been finally completed.

17. When the canvass shall have been completed, and the result ascertained, a
statement of all the votes for each candidate shall be made in said meeting, signed
and certified by the presiding officer and clerk of such district, with one ballot of
each kind or party found to have been given for the officers chosen at such elec-
tion, to be securely attached to such statement.

18. The inspectors in each district shall designate one of their number who shall
deliver such statement so made and certified to the board of the annual town meet-
ing, which shall be held at the office of the town clerk, on the succeeding day, ou
or before ten o'clock in the forenoon thereof.

19. The board of such annual town meeting shall then proceed to complete the
canvass by adding all the statements from the several districts together, and de-
clare the result, as though such voles had been polled at such annual town meet-
ing, and the persons having the greatest number of votes shall be declared elected
to the office for which they have been respectively designated.

20. All resolutions for raising money in said town for roads or bridges, or for
any other purpose, which are usually, or are required to be, submitted to a vote
of the electors at the annual town meeting, shall be submitted to the electors of
each election district in said town, and the electors thereof shall vote thereon by
ballot.

It shall be the duty of the inspectors of election of each district to return to the
board of annual town meeting, at the time of making return of votes for town of-
ficers as hereinbefore provided by this act, the whole number of votes for and
against each resolution so voted upon in their respective districts; and it shall be
the duty of such board of annual town meeting to canvass and declare the result
of such votes.

21. If the election districts, as now constituted in said town, shall hereafter
be altered or changed in any respect, the provisions contained in the first, sec-
ond, third and fourth subdivisions hereof shall conform to such alteration or
change.

23. This act shall take effect immediately.

(Add certificate.)

§ 798. Declaration ofVote by Cliairinaxi.

The proper form for declaring the result of the vote on these questions is, "the
resolution having received the affirmative vote of a majority (or two-thirds a> tne
ease may be) of all the members elected to the board* is duly passed."

If the resolution enacts a special ordinance for one town, insert after the aster-



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 70 of 96)