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 72 of 96)
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county poor, and decide to have all the poor a county charge, the
clerk of the board must serve notice of such order immediately on
the overseers of the poor of every town in the county, and also
upon the clerk of each town, village or city within such county.

Id., 1857, §S 21, 25.
See ante, " Support of the Poor," §§ 732, 814 and 61.

Bond of Superintendent of tbe Poor,— Clerk's
duties relative to.
See § 713, ante.



Of the Duties of the Clekk. 655

§ 816. To Report Indebtedness of Counties,

TO'^W^ns and Villaiges. — By the act to increase the duties of
clerks of boards of supervisors, passed February 6, 1872, it is en-
acted that clerks of boards of supervisors of the several countips in
this State shall, on or before the second Monday in December in
each year, transmit to the comptroller by mail, in the form which
shall bo prescribed by the comptroller, a certificate or return of all
the indebtedness of their respective counties, and of each town, vil-
lage and ward therein.

Laws of 1872, chap. 17.

The clerk who shall refuse or neglect to make such return shall
forfeit to the people of this State the sum of $50.
Id.. § 2.

§ 817. To Deliver Statement of Railroad

Taxes. — The clerk of the board of supervisors (except in New
York and Kings counties), within five days of the making out or
issuing of the annual tax warrant by the board of supervisors, shall
prepare and deliver to the county treasurer a statement showing the
title of all railroad corporations in the county, as appears on the last
assessment-roll of the towns or cities in such county, the valuation
of the property, real and personal, of such corporations in each town
or city, and the amount of tax assessed or levied on such valuation
in each town or city in their county. ^

Laws of 1870, chap. 606; 2R. S. 1039.

Telegraph, Telepbone, Electric Li^ht Lines.

— It shall be the duty of the clerk of the board of supervisors of
the several counties of this State, within five days after making out
or issuing of the annual tax warrants by the board of supervisors of
their respective counties, to prepare and deliver to the county treas-
urer, and in the city and county of New York, the receiver of
taxes, a statement showing the title of all telegraph, telephone and
electric light lines in such county as appear in the last assessment-
roll of the town or ward in such county, the valuation of the prop-
erty, real and personal, of such line in each town or ward, and the
amount of tax assessed or levied on such valuation in each town or
ward in the county.

Laws of 1886, chap. 659, g 4.

§ 818. To Return Value of Estate.— The clerk of
the board of supervisors of the several counties in this State shall,
on or before the second Monday in December in each year, transmit



656 SuPBRVisoKs' Manual.

to the comptroller by mail, in the form which shall be prescribed
by the comptroller, a certificate or return of the aggregate valued
amount of real and personal estate in each town or ward, as cor-
rected by the board of supervisors. The clerk who shall neglect or
refuse to make such return shall forfeit to the people of this State
the sum of $50,

Laws of 1838, chap. 117.

The data for tliis report will be found in the report of the committee on equali-
zation as finally adopted by the board of supervisors, except in counties having a
board of equalization, in vrhich case the report of the latter board will give flie
facts required.

§ 819. Incorporated Companies— List, State-
ment and Taxes Tbereof. — As has been mentioned ia
the chapter on corporations (§ 413), the board of supervisors are
required to transmit to the comptroller, with the aggregate valua-
tions of real and personal estate in liieir county, mentioned in the
preceding section, a statement showing the names of the several in-
corporated companies liable to taxation in such county ; the amount
of the capital stock paid in and secured to be paid in, by each; the
amount of real and personal property of each as put down by the as-
sessors or by them ; and the amount of taxes assessed on each. In
those counties in which there is no such company, the boards of su-
pervisors shall certify such fact to the comptroller with their returns
of the aggregate valuations of real and personal estate.

Ante, % 413.

This statement is generally made by the clerk from the report of the committee
on incorporated companies when fully completed, and is transmited to the comp.
troller upon blanks prepared and issued by that officer.

§ 820. "Where Collector of Taxes Refuses to
Serve, Etc. — If a collector refuse to serve, die, resign, or move
out of the town or ward before entering upon or completing his
duties, or shall be disabled from completing the same, a new collector
may be appointed by the supervisor and any two justices of the
peace. If a warrant to collect the taxes had been issued by the board
of supervisors prior to the said appointment of the collector, and said
warrant cannot be obtained by the new collector, a new one shall be
made out by the clerk of the board of supervisors directed to the
collector so appointed.

The law is set out in full at section 359.

Duty Where Collector Neglects to Qualify.

See § 858.



Of the Duties of the Olbek. 657

§ 821. Grand Jury List— The list of grand jurors is
generally presented to the board by the proper committee, but the
selection of the persons must be the act of the hoard, not of the
committee or the clerk.

The proper procedure has been given, ante, §§ 573-7.

A list of the persons so chosen, duly certified by the clerk, must
be filed by him in the county clerk's office, within ten days after
the first day of the meeting of the board of supervisors.

§ 822. Grand Jury Dra'wn by Supervisors.—

Where a grand jury is ordered drawn for a court of sessions by the
board of supervisors, a copy of the order, certified by the clerk of the
board, must be filed with the county clerk at least twenty days
before the term of the court ; and when so filed, is conclusive evi-
dence of the authority for drawing the jury.

Code of Criminal ■Procedure, § 227.

§ 823. Ne-w To-wns, Erection of.— By chap. 194, Laws
of 1849, section 3, the board may " erect " a new town in the county.

See " General Statutes," ante.

The notices signed by the chairman or the clerk are to be transmitted by the
latter to the persons designated.

The law is given in full, ante, and explains itself.

§ 824. Special Meeting, Clerk May Call.— The
clerk may call a special meeting of the board, at any time, on the
written request of a majority of the supervisors.

Ante, Laws of 1838, chap. 314, § 5.
He should give due notice thereof to the members.

§ 825. Scbool Tax. — ^"0 clerk of the board of supervisors
or other person who shall make out the tax list or assessment-roll
of any town shall omit to include and apportion among the moneys
to be raised thereby the amount required to be raised for the sup-
port of the common schools, by reason of the omission of the board
of supervisors to pass a resolution for that purpose.

Laws o£ ]864, chap. 555, tit. 3 ; 2 K. S. 1147, § 2.

§ 826. In Relation to a Seal.— The board of super-
visors of any county in this State may adopt a seal, and, when so
adopted, the clerk of such board shall cause a description thereof,
together with an impression therefrom, to be filed in the office of
83



658 SxjPERvisoBs' Mah-ual.

the county clerk and in the ofiBce of the secretary of State^ and the
same shall thereupon be the seal of the board of supervisors of such
county.

Copies of all papers duly filed in the office of the clerk of the
board of supervisors of any county, and transcripts from the books
of records kept therein, certified by such clerk, with the seal of
office affixed, shall be evidence in all courts and places, in like man-
ner as if originals were produced.

Laws of 1855, chap. 249 ; 2 R. S. 934.

A duly certified copy of a resolution appointing an officer or com.
mittee would be the proper credentials of their right to act.

§ 827. Summary to be Furnished County

Treasurer. — A copy of the " Summary " given the committee
on ratio and apportionment should also be sent to the county treas-
urer for his use and for precaution. This will enable him to know
what moneys have been appropriated, and to whom they belong.

The published journals of the proceedings of the board are gen-
erally issued in time for such use.

§828. County and To-wn Orders.— The pay-
ments of county and town charges are made by " orders ; " the
former drawn upon the county treasurer, the latter upon the
supervisor of the town. They are made out by the clerk in an
order-book as eacji committee's report auditing and allowing claims
is adopted, or as each separate resolution making an appropriation is
adopted. The book is like any ordinary check-book used in keeping
an account with a bank, with " stubs " to correspond with the order
issued. These orders are generally signed by the clerk, and coim-
tersigned by the chairman, who should examine each "order,"
amount, name, etc., and compare it with the proper appropriation
before countersigning.

ITo " order " should be issued in which any erasures, alterations o£
figures, names or otherwise, have been made, and each order should
be " to the order of " the claimant or his duly authorized assignee,
and no such order should be issued until subsequent to the final
adjournment of the board, for the reason that at any time during the
continuance of such session, their action authorizing the issue of
such order may be reconsidered, rescinded, or revoked.

§ 829. To Transmit Proceeding's to State
Library. — The clerk shall transmit to the State librarian a copy



Of the Duties oe the Clerk. 659

of the proceedings of the board, within twenty days after publica-
tion thereof.

Laws of 1877, chap. 102.

§ 830, Assessors and To-wn Clerks Neglect-
ing' their Duties to be Reported to tlie Conip-
troller— Duty of Board of Supervisors.— The

boards of supervisors of the several counties, at every annual meet-
ing, shall transmit to the comptroller the names and places of abode
of the town clerks and assessors in their respective counties, who
«hall have willfully refused or neglected to perform the duties
required of them in this chapter ; and the comptroller shall there-
upon give notice to the district attorneys of the proper counties, to
the end that they may prosecute such delinquent town clerks and
assessors for the penalties incurred by them.

2 R. S. 1049, § 2.

" This chapter," referred to above, is tlie one relating to assessment and taxation,
ante, chap. 5.

§831. Clerk Cannot be Appointed County
Treasurer.— No supervisor or clerk of the board of supervis-
ors shall be appointed to or hold the office of county treasurer.

IRS. 363, §13.

§ 832. When Union School District Dis-
solved. — See § 582, ante.

Certificate as to Proceedings of Board.

FORM OP

Chambers of the Bd. of Sup. op the Co. of )

...., JT. T., Dec. 2Sth, 16S8. f

Pursuant to the authority of an act entitled " An act to amend chapter 219 ol
the Laws of 1878, entitled 'An act in relation to evidence in civil and criminal cases,'
passed May 21, 1884, we do hereby certify that the foregoing proceedings of the

board of supervisors of county, printed by the authority of said board,

contain a true record of the proceedings of said board for the year one thousand
^ight hundred and eighty-eight. ^ ^ SALZMAN,

Chaibman of said Board of Sup.

F. W. LOBDELL, CLEasuK op said Bd. of Sup,



CHAPTER XIV.



EOADS AND BRIDGES.



Sec. 833. Highway commissioners'
ment($2S0).

834. Town meeting, on commissioners'

application .

835. Under chap. 615, Laws of 1857.

836. 314, Laws of 1838.

837. 194, Laws of 1849.

838. Bridges imposed by legislature on

towns.

839. Bridges at town or county lines.
Bridges, borrowing money for.
Plankroads, turnpikes, purchase

of.
Locating, etc., of bridges



840.
841.

842.

ON APPLICATIOK OP TOWN OrPICERS.

843. Officers to meet.

844. Officers to borrow money, when.
845-6. Trustee of village to consent,

when.
847-53. Counties liable for one-sixth ;
counties may aid towns.

854. Grade of streets, etc.

855. Roads, etc., destroyed, etc., after

town meeting.
Under chap. 103, Laws of 1858.

856. 225, Laws of 1841.



state- Sbc. 857. Under chap. 639, Laws of 1857.

DEFECTIVE HISHWATS AND BRIDGES.

858. Under chap. 700, Laws of 1881.
Exemption, chap. 526, Laws of
1887.
863-5. Bridges over canals.

866. Counties, powers of board.

867. Under chap. 314, Laws of 1S38.

868. 855, Laws of 1869.

869. 482, Lawsof ISTS.

870. 175, Laws of 1880.

BRIDGE COUPANIES.

871. Application for leave to erect
oridges



PLANKROADS AND TURNPIKES.

872. Application, etc.

COUNTY RAILROADS.

873. Appointment of commissioners;

damages, expenses, etc., on lay-
ing out, etc., highways.

874. Damages by agreement; when no

agreement; expenses on laying
out, etc., on appeals from com-
missioners.

875. Board of supervisors to award, etc.



EOADS AND BRIDGES — EST TOWNS.



§ 833. 1. Statement Furnislied by tlie Com-
missioners of Hig'h'Way S. — The statement furnished by
the highway commissioner to the supervisor of the town fixes the
amount to be raised by tax on the town. Whatever amount the com-
missioners determine to be necessary, not exceeding $250, must be
so raised.

The law is as follows :

The commissioners of highways of each town shall deliver to the
supervisor of such town a statement of the improvements necessary
to be made on the roads and bridges, together with the probable ex-
pense thereof ; which supervisor shall lay the same before the board
of supervisors at their next meeting. The board of supervisors
shall cause the amount so estimated to be assessed, levied and col-
lected in such town in the same manner as other town charges, but
the money to be raised in any such town shall not exceed in any one
year the sum of $250.

2R. B. 1214, S4.



EoADs AND Bridges. 661

Neither the town, the town board, nor the county board, has any
right to interfere with the commissioner's right to have the amount
(not exceeding $250) he estimates, as necessary.

Hill V. Supervisors, 12 N. T. 68 ; Lament t. Haight, H How. 8.

2. Sums Voted at Tottu Meeting^. — In addition
to this $250 the commissioner may ask for additional amounts as
follows :

§ 834. On Commissioners' Application.— When-
ever the commissioners of highways of any town in this State shall be
of the opinion that the sum of $250, as now allowed by law, will be
insufficient to pay the expenses actually necessary for the improve-
ments of roads and bridges, it shall be lawful for such commissioners
to apply in open town meeting for a vote authorizing such additional
sum to be raised as they may deem necessary for the purpose afore-
said, not exceeding $250, in addition to the sum now allowed by law.

Chap. 274, Laws of 1832, §1.

Notice Tliereof. — Before making such application, it shall
be the duty of the commissioners to give notice of their intended
application by posting the same in a conspicuous manner in at least
five of the most public places in such town, at least four weeks next
preceding the annual town meeting ; such notice shall specify the
amount to be applied for and the purposes for which the same is in-
tended to be appropriated, with the probable amount necessary to be
expended at each place if there shall be more than one.
Id., § 2.

Accounts to be £xllibited. — Whenever any applica-
tion for a grant of money for the purposes mentioned in the first
section of this act shall be made to any town meeting, it shall be the
duty of the commissioners making the same, to exhibit a statement of
their accounts and an estimate of the expenses necessary for the im-
provement of roads and bridges in such town the ensuing year.

Id., §8.

Order to Levy Tax. — If the town meeting shall, by
their votes, determine that a sum over and above the amount now
allowed by law will be necessary for the improvement of roads and
bridges or to pay any balance that may be due, the clerk shall enter
such resolution as shall be agreed to, in the minutes of the meeting,
and deliver a copy thereof to the supervisor of the town, who shall



662 Supervisors' Manual.

lay the same before the board of supervisors at their next annual
meeting ; and it shall be their duty to cause the amount specified in
such resolution, to be levied and collected in the same manner as
other town charges of such town.
Id., § 4.

Tax Already Ordered. — If any town shall, at an an-
nual meeting, have already voted to raise a sum exceeding $250, for
the purposes aforesaid, it shall be the duty of the board of super-
visors of the county in which such town is situated, to assess, levy
and collect the sum so voted to be raised upon said town.

Id., §5.

§ 835. Under tlie Act of 1857, Chapter 615.-

Whenever the commissioners of highways of any town in this State
shall be of the opinion that the sum now provided by law will be
insufficient to pay the expenses actually necessary for the improve-
ment of roads and bridges, and to pay any balance that may be due
for such improvement, it shall be lawful for such commissioners to
apply in open town meeting for a vote authorizing such additional
sum, to be raised as they may deem necessary for the purposes afore-
said, not exceeding $750, in addition to the sum now allowed by
law. The same notice shall be given by the commissioners of their
intention to apply for the raising of such additional sum as is now
required by law for the raising of money for roads and bridges
above the amount of $250.

Chap. 615, Laws of 1857, § 1.

§ 836. Under the Act of 1838, Chapter 314.—

The board of supervisors are authorized to cause to be levied, col-'
lected and paid, in the manner now provided by law, such sum of
money, in addition to the sum now allowed by law, not exceeding
$500 in any one year, as a majority of the qualified voters of any
town may, at any legal town meeting, have voted to be raised upon
their town, for constructing or repairing roads and bridges in such
town.

Laws of 1888, chap. 314, § 1, subd. 5.

Notice to be Put Up.— No moneys shall be raised under
the authority conferred by the fifth subdivision of the preceding
section, unless a written notice of the application to such town meet-
ing to raise such amount shall be posted on the door of the house
where the town meeting is to be held, and also at three public places



EoADS AKD Bridges. 663

in such town, for two weeks before the town meeting, and be also
openly read to the electors present, immediately after the opening
of the m-eeting.

Id., § 2.

§ 837. Under the Act of 1849, Chapter 194 —

The board of supervisors are empowered to authorize any town in
such county, by a vote of such town, to borrow any sum of money
not exceeding $4,000 in one year ; to build or repair any roads or
bridges in such town, and prescribe the time for the payment of the
same, which time shall be within ten years, and for assessing the
principal and interest thereof upon such town.

Laws 1849, chap. 194, § i, subd. 9.

§ 838. Sums to be Raised, Where, by Act of
the Iiog^islature, Certain Bridg-es, £tc.. Must
be Cared for by Tcwns. — In some cases, the duty of build-
ing and maintaining certain roads and bridges has beeu imposed by
the legislature upon certain towns, and they must attend to such
roads and bridges. The law generally prescribes how the money
therefor shall be raised. There is a provision allowing special town
meetings to vote on the question of raising and appropriating moneys
for the construction and maintenance of any bridge or bridges which
the town may be authorized by law to erect and maintain.

§ 7, art. 1, tit. 2, chap. 11, part 1, 2 R. S.; see People, exrel. Commissioners, v. Su-
pervisors, 1 Hill, 60.

§ 839. Bridges at To-wn or County Lines.—

The board of supervisors is empowered to authorize any town, on
the vote of a majority of the electors voting at any annual town
meeting, or any regular called special town meeting, to appropriate
such sum (to be raised as other bridge -moneys are raised), or to
pledge the credit of such town in the manner prescribed by law, to
wholly construct and maintain or aid in the construction and main-
tenance of any bridge outside the boundaries of the town or county,
or from or within the boundary line of any town into another town
or county, but forming a continuation of highways leading from
such town or county and deemed necessary for the public conven-
ience.

Laws of 1875, chap. 482, § 1, subd. 4, as amended by Laws of 1886, chap. 126.

§ 840. Borrowing- Money for Bridges.— The

board of supervisors is empowered to authorize any town or towns



664 SuPEBVisoRs' Manual.

liable or to be made liable to taxation for the erection, care, repair
and maintenance, in whole or in part, of any bridge (except on the
Hudson river below Waterford, and on the East river, or over the
waters forming the boundaries of the State), to erect, repair and
maintain the same, and to borrow such sums of money, in the man-
ner provided in subdivision 29 of this section, as may be neces-
sary for the purposes of such erection, repair and maintenance,
and to pay any debt incurred in good faith by or in behalf of such
town or towns for such purpose, before or after the passage of this
act. But no authority shall be exercised under this subdivision, ex-
cept upon the application of a town liable to be taxed for such
purpose, to be made by vote of a majority of the electors thereof
voting at a regular town meeting, or at a special town meeting called
for the purpose, or upon the application of the supervisor, by and
with the consent of the commissioner of highways, town clerk and
justices of the peace of such town. If any town, at a regular town
meeting held between the 1st day of February, 1875, and the pas-
sage of this act, shall have elected commissioners for the purpose of
building a bridge and providing money to pay for the same by the
issuing of bonds or otherwise, such bonds, not exceeding the amount
authorized at such town meeting, are hereby authorized and declared
valid ; bat said bonds shall not be sold or otherwise disposed of for
less than par. And the board of supervisors shall levy a tax on such
town for the payment of such indebtedness at such times and in
such amounts as may be necessary to meet the obligations incurred by
said commissioners in pursuance of instructions given by such town
at the time of electing said commissioners.

Chap. 432, Laws of 1875, subd. 6, aa amended by chap. 451, Laws of 1885.

§841. May Authorize ToTrns to Purchase

Plankroads, Turnpikes, Etc.— The board of supei^
visors is empowered to authorize any town or towns, when applica-
tion shall be made therefor by a vote of the majority of the electors
voting on the question at any annual or duly called special town
meeting, to purchase, and any company owning the same, to sell the
whole or any part of any plank, macadamized or turnpike road, or
any toll-bridge. in such town or towns, or the franchises thereof, for
free public use, and to determine the proportion of expense proper
to be borne by each town, where there shall be more than one town
applying for this purpose.

Laws of 1875, chap. 482, § 1, subd. 7.



Roads and Bridges. 665

§ 842. Locating', Constructing and Control
of Bridges. — The board of supervisors is empowered (except in
New York county) to authorize the location, change of location and
construction of any bridge (except on the Hudson river below Water-
ford, and on the East river, or over the waters forming the boundaries
of the State) which shall be applied for by any town or towns, jointly,
or by any corporation formed pursuant to the general laws of this
State, or by any corporation or individual for private purposes ; and
in case of a public bridge erected by a corporation, to establish the
rates of toll to be collected for crossing such bridge. But in every
case where any such bridge is to cross a navigable stream of water,
full provision shall be made in the resolution or permission authoriz-
ing the same, for the erection and maintenance of a suitable draw to
prevent any impeding of the navigation of such stream of water ;
and in the case of a private bridge, provision shall be made that the
draw shall be kept open as may be required, to permit all vessels to



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 72 of 96)