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 8 of 96)
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Approved this day of , 1886.

G. H.,

SUPERTISOR OP THE TOWN OF

Or as follows:

I hereby approve and consent to a further renewal of the within (or foregoing)
warrant for the period of thirty days.
Dated , 1886.

G. H.,

SUPEEVISOR OF THE TOWN OP

In an action brought to recover damages forsaking and selling plaintifE's wagon,
defendant claimed to have taken the property as a collector of school taxes under a
warrant issued to him on the 30th day of October, 1885. Upon the trial it appeared
that a few days after the warrant had expired it was renewed by an indorsement
made thereon by the trustee in the following words: " Kenewed for ten days." On
November 3d the trustee wrote upon it the additional words: " Renewed for twenty
days from the time it ran out." The levy was made November 5, and the wagon
sold on November 12. The court below held that, as the sale was made after
the ten days had expired, it was not authorized by the first renewal, and that the
second renewal was void for want of the written approval of the supervisor in-
dorsed thereon, as required by the statute.

The General Term held that the court below erred in so doing, that the words
of limitation added to the first renewal, being unauthorized by the statute, were
to be treated as surplusage, and that the renewal was to be regarded as the issu-
ing of a new warrant of the same force and effect, in all respects, as the original
warrant, and that the collector was, therefore, protected by it in making the levy
and sale.

Baker v. Lee, 41 Hun, 591. See, also, Duntley v. Davis, 25 N. Y. Week. Dig. 297;
S. C, 42 Hud, 229.

The cases on "Renewals of Warrants " are collated and discussed in 41 and 43
Hun, supra.

§ 90. Certain Duties and PoTrers of the Su-
pervisor Abolished. — His consent is not necessary to the
changing of site, or removal of a school-house. His power to fill
vacancy in office of trustee was abolished by chapter 331, Laws of
1887, nor is his concurrence necessary in order to condemn a school-
house.

Chap. 592, Laws of 1887.

§91. Duty of To^rn Clerk.— It is the duty of the town



64 SupEKTisoRs' Manual.

clerk, under the school law, to report to the supervisor any loss of
or injury to any books, maps, papers and records of his office touch-
ing common schools ; to receive from the supervisor the certificates
of apportionment of school moneys to the town, and record them in
a book to be kept for the purpose ; forthwith to notify the district
trustees of the filing of such certificates; to receive from the super-
visor andrecord the annual account of the receipts and disbursements
of school moneys required to be submitted to the town auditors,
together with the action of the town auditors thereon, and to ^end
a copy thereof by mail to the superintendent of public instruction,
whenever so required by him, and to file and preserve the vouchers
accompanying the accounts. To receive and record in the same
book the supervisor's final account of the school moneys received
and disbursed by him, and deliver a copy thereof to the successor
in office of such supervisor. To receive from the outgoing
supervisor, and file and record in the same book, the county
treasurer's certificate that his successor's bond has been given and
approved.

Laws of 1864, chap. 555, tit. 5 ; 2 R. S. 1156.

There are other duties of the town clerk in connection with common .schools,
but the above are the ones pertaining to his duties so far as the supervisor is con-
cerned.

§ 92. Supervisor to sue for Penalties and
Forfeitures imposed by lia^rs relating^ to
ScllOOls. — It is the duty of the supervisor, by his name of
office, when the duty is not elsewhere imposed by law, to sue for
and recover penalties and forfeitures imposed for violations of this
act, and for any default or omission of any town officer or school
district board or officer under this act, and after deducting his costs
and expenses, to report the balances to the school commissioner.

Laws of 1S64, chap. 655, tit. i, § 6, subd. 9 ; 2 R. S. 1155, § 6, subd. 9.

§ 93. Certificate of Apportionment of School
Moneys by School Commissioner.— The school
commissioner shall certify to the supervisor of each town, the amount
of school moneys apportioned to his town, and the portions thereof
to be paid by him for hbrary purposes and for teachers' wages, to
each such distinct separate neighborhood, district and part of a dis-
trict.

Id., tit. 3, § 27, subd. 10 ; 2 R. S. 1153.



The Supervisor. 65

§ 94. Duty of Supervisor. — On receiving the certifi-
cate of the commissioners, each supervisor shall forthwith make a
copy thereof for his own use, and deposit the original in the office
of the clerk of his town ; and the moneys so apportioned to his town
shall be paid to him immediately on his compliance with the re-
quirements of the next section, and not before.

Id., §30.

" The requirements of the next section " are the giving of the hond, etc. The
law may be found at section 23, "second," ante.

§ 95i Wlio May- Vote at Scliool Meeting-. —

Every person of full age residing in any neighborhood or school dis-
trict, and entitled to hold lands in this State, who owns or hires real
property in such neighborhood or school district liable to taxation
for school purposes, and every resident of such neighborhood or dis-
trict who is a citizen of the United States above the age of twenty-
one years, and who is the parent of a child or children of school age,
some one or more of whom shaE have attended the district school
for a period of at least eight weeks within one year preceding, and
every such person not being the parent who shall have permanently
residing with him or her such child or children, and every such resi-
dent and citizen as aforesaid, who owns any personal property as-
sessed on the last preceding assessment-roll of the town, exceeding
$50 in value, exclusive of such as is exempt from execution, and no
others, shall be entitled to vote at any school meeting held in such
neighborhood or district.

§ 12, tit. 1, chap. 555, Laws of 1864, as amended by chap. 655, Laws of 1886.

§ 96. Supervisor to call District Scliool
Meeting, -Wlien. — "Whenever the time for holding the
annual meeting in school districts shall pass without such meeting
being held in any district, a special meeting shall thereafter be called
by the trustees, or by the clerk of such district, for the purpose of
transacting the business of the annual meeting; and if no such
meeting be called by the trustees or the clerk within twenty days
after such time shall have passed, the supervisor or superintendent
of public instruction may order any inhabitant of such district to
give notice of such meeting in the manner provided in the second
section of this title, and the officers of the district shall make to such
meeting the reports required to be made at the annual meeting, sub-
9



66 SrPEETisoKs' Manual.

ject to the same penalties in case of neglect ; and the officers elected
at such meeting shall hold their respective offices only until the next
annual meetinsr. and until their successors are elected and shall have
qualified, as in this act provided.

2 R. S. 1160, or chap. 555, Laws of 1864, tit. 1, % 10.

§ 97. Notice to be Given Thereof.

To C. D., A Taxable Inhabitant of School District No. , inthe Town

op:

Whereas, The annual meeting in said district has not been held for the year

at the date prescribed by law, and no special meeting thereafter has been

called by the trustees or clerk of said district for the purpose of transacting the

business of the annual meeting therein, and more than twenty days have passed

since said date:

You are hereby required to notify every person of full age, residing in said
irieigM>orhood or) school district and entitled to hold lands in this State, who owns
or hires real property in such school district {or neighbm'hood) liable to taxation
for school purposes, and every resident of such district {or neighborfiood) who
is a citizen of the United States above the age of twenty -one years, and who is the
parent of a child or children of school age, some one or more of whom shall
have attended the district school for a period of at least eight weeks within one
year nest preceding the date hereof, and every such person, not being the parent,
who shall have permanently residing with him or her, such child or children, and
every such resident and citizen as aforesaid, who owns any personal property
assessed on the last preceding assessment-roll of the town, exceeding $50 in
value, exclusive of such as is exempt from execution, that a .special district meet-
ing of said district is hereby appointed to be held at , at o'clock of the
day of next, for the purpose of electing officers and transacting the
business of the annual meeting, as prescribed by sections 10 and 16 of title 7 of
the General School Act.

You are required by law to read this notice in the hearing of each inhabitant
qualified as above described, or in case of his absence from home, to leave a copy
of so much thereof as relates to the time and place of such meeting at the place
of his abode at least six days before the time of the meeting.

Dated this day of , 1886.

A. B.,

Supervisor of the Town of

§ 98. Apportionment of Valuation of Rail-
roads among- School Districts.— It is the duty of
the town assessors, within hfteen days after the completion of their
annual assessment lists, to apportion the valuation of the property
of each and every railroad, telegraph, telephone and pipe-line com-
pany, as appears on such assessment list, among the several school
districts in their town in which any portion of said property is situ-
ated, giving to each of said districts their proper portion according
to the proportion that the value of said property in each of such
districts bears to the value of the whole thereof in said town.

Chap. 694, Laws of 1S67, S 1, as amended by chap. 414, Laws of 1884.

Such apportionment shall be in writing, and shall be signed by



The SuPEKVisoK. 67

said assessors, or a majority of them, and shall set forth the number
of each district and the amount of the valuation of the property of
each railroad, telegraph, telephone and pipe-line companies appor-
tioned to each of said districts ; and such apportioment shall be
filed with the town clerk by said assessors, or one of them, within
five days after being made, and the amount so apportioned to each
district shall be the valuation of the property of each of said com-
panies, on which all taxes against said companies in and for said
districts shall be levied and assessed until the next annual assess-
ment and apportionment.
Id., § 2.

In case the assessors shall neglect to make such apportionment, it
shall be the duty of the supervisor of the town, on the application
of the trustees, or board of education of any district, or of any rail-
road, telegraph, telephone or pipe-line company, to make such ap-
portionment, in the same manner and with the like effect as if made
by said assessors.

Id., § 3, as amended by chap. 340, Laws of 1885.

In case any alteration shall be made in any school district affecting
the property of any railroad, telegraph, telephone or pipe-line com-
pany, the officer making such alteration shall, at the same time, de-
termine what change in the valuation of said property in such dis-
trict would be just, on account of the alteration of district, and the
valuation shall be accordingly changed.
Id., § 5.

§ 99. Women Eligible to Vote at School
Meeting and to Serve as Scbool Trustees.—

No person shall be deemed to be ineligible to serve as any school
officer, or to vote at any school meeting, by reason of sex, who has
the other qualifications now required by law.

Chap. 9, Laws of 1880

The fact that a woman is the wife of a man owning real estate in
which she has a dower right, is not sufficient to qualify her to vote at
school meeting. Nor is ownership of a reversionary interest in real
estate which is subject to an unexpired life estate. In a case where
two ladies swore that they owned real estate at the time of school
meeting, but failed to disclose the location or any other facts con-



68 Supervisors' Manual.

cerning the same, and the public record showed no conveyance to
them, held, that they were bound to supply such facts, and raises
the presumption that such ownership is not hona fide, and was ef-
fected only to enable them to vote at the school meeting, and that
their claim to do so could not be sustained.

/»?■« Appeal Wilcox, p. ITS, Kept, of Supt. of Pub. Inst, for 1889.

§ 100. Under Compulsory Education Act.—

The trustee or trustees of any school district, the president of any
union school, or such officer as the board of education of a city, in-
corporated village or town may designate, is to report in writing all
violations of this act to the treasurer or chief fiscal officer of his
city, or to the supervisor of the town.

Chap. 421, Laws of 1874, § 5; 2 R. S. 1206.

Penalties for violation thereof are to be paid to such officers or
said supervisor, which penalties, when paid, are to be added to the
public school money of said school district.

Id., §6.

The trustee, in case the parent, guardian or other person having
control of any child between eight and fifteen years of age is unable
to provide such child for said fourteen weeks with text-books
* * * and shall so state in writing to said trustee, shall provide
the text-books for fourteen weeks at the public school, and the ex-
pense of the same shall be paid by the treasurer of the city or the
supervisor of the town on the certificate of said trustee, specifying
the items furnished for the use of said child.

Id., §6.

It does not say from what fund this shall be paid.

Actions for such fines and penalties are to be brought in the name
of said treasurer, chief fiscal officer of the city or the supervisor of
the town, but shall be brought under the direction of said trustees.

Id., s 9.

§ 101. Supervisor may Receive Real or Per-
sonal Estate in Trust.— Eeal and personal estate may
be granted, conveyed, devised, bequeathed and given in trust and
perpetuity or otherwise * * * to any county, town or super-
visor of a town * * * for the. support and benefit of common



The Supekvisoe. 69

schools within such county, town, or within any part or portion
thereof respectively, or for the support and benefit of any particular
common school or schools therein.

Laws 1864, chap. 555, tit. 3, § 15 ; 2 R. S. 1150.

No such grant, conveyance, devise ot bequest shall be held void
for want of a named or competent trustee or donee, but where no
trustee or donee, or an incompetent one is named, the title and trust
shall vest in the people of the State, subject to its acceptance by the
legislature ; but such acceptance shall be presumed.

Id., §16.

A testator by his will gave and bequeathed to the school district
in which he resided " the sum of $300 to be forever loaned by the
town ofiicers mentioned in item sixth " (the town board or oflBcers
of said town having charge of its financial matters), "and the in-
terest thereon to be annually paid by such officers to the trustees of
said school district, to be by them applied toward the support of the
school in said district." Seld, that the bequest was valid, and that
it was the testator's intention to authorize the supervisor of the
town to invest the fund and pay over the income to the school district.

Iseman t. Myres, 26 Hun, 651. '

As to whether such bequest or devise may be made upon condi-
tion prescribed in the will,

See In re Underbill, 3 N. Y. Sup. 205 ; Vail v. L. I. R. R., 106 N. T. 283.

m RESPECT TO DOGS.
§ 102. There are, apparently, three different general statutes in
relation to the taxation of dogs and the disposition of the moneys
arising therefrom ;

FIRST, UNDER THE REVISED STATUTES :

TaiX upon Do^S, etc. — In all the counties of the State
except the city and county of New York, the county of Kings and
the county of Erie, there shall be annually levied and collected the
following tax upon dogs over four months old : upon every bitch
owned or harbored by any one or more persons or by any family,
three dollars ; upon every additional bitch owned or harbored by the
same person or persons or family, five dollars ; upon every dog, other
than a bitch, owned or harbored by one or more persons or by any
family, one dollar, and upon every additional dog, other than a bitch,
owned or harbored by the same person or persons or family, two



70 SuPEEVisoEs' Manual.

dollars. Every owner or harborer of every snch dog, except in the
city and county of 'New York, the county of Kings and the connty
of Erie, shall annually, on or before the first day of May, cause the
same to be registered in a book to be kept for that purpose in the
office of the clerk of the city, village or tovrn wherein such dog is
owned or harbored, and to be by such clerk numbered and licensed
for one year, which clerk shall be entitled to receive from such owner
for such service a fee of fifteen cents for each dog so registered ;
and such owner shall cause such dog to wear around its neck a collar
which shall be distinctly marked with its owner's name and its regis-
tered number ; and the said clerk shall annually, on or before the
first day of June, furnish to the assessor of the town, village or city
wherein such dog is owned a list of the persons or families owning
or harboring any dogs which are so registered. Every person own-
ing or harboring any such dog, who shall neglect or refuse to have
the same registered, numbered and licensed, as prescribed in this sec-
tion, shall be liable to a fine of not more than seven dollars, nor less
than three dollars; in each case, to be imposed by any court having
jurisdiction thereof, upon prosecution therefor in the name of the
supervisor of the town or ward, or president of the village wherein
such owner may harbor such dog, to be collected by authority of snch
court, and to be paid to the county treasurer of the proper countyj
and to be placed by such county treasurer to the credit of the fund
constitiited for satisfying such damages as may arise in any year from
killing or injuring sheep by dogs in such county.

3 K. S. 2116, § 1, as amended by chap. 466, Laws of 1889.

Dog- not Registered or Collared may be

Killed. — Any dog not registered or collared as provided for in
section 1 of this act may be lawfully killed by any constable, game
constable or policeman of any city, town or village, who upon pre-
senting satisfactory proof thereof to the supervisor of the town or
ward, or president of the village, wherein the same was killed, shall
be paid the sum of fifty cents for each dog so killed, which shall be
a charge upon said town or village, and shall be paid the same as
other town or village charges.

Id., § 2, as amended by chap. 466, Laws of 1889.

Owner to Deliver Description of Dog^.— The

owner or possessor of every dog liable to the above tax, shall, when-
ever required by any assessor, deliver to him a description in writing,
of every such dog owned or possessed by him. For every neglect



The Supervisor. 71

or refusal so to do, and for every false statement made in any descrip-
tion so furnished, he shall forfeit five dollars, to be recovered by the
supervisor of the town.

Id., § 3, as amended by chap. 244, Laws of 1862.

Assessment and Collection of Tax.— The asses-
sors of every town or city, or ward of a city, except the city of New
York, shall annex to the assessment-roll of real and personal estate
therein, made by them annually, the name of each and every person
or persons liable to the tax imposed hereby, together with the num-
ber of bitches and dogs for which such person or persons is or are
assessed, and return the same to the supervisor of their respective
towns, cities, or wards of cities, to be laid by said supervisor before
the board of supervisors, to be by them collected in the same man-
ner as other State and county and town taxes are collected. And if
any person duly assessed shall refuse or neglect to pay the tax so
assessed within five days of the demand thereof, it shall be lawful
for any person, and it shall be the duty of the collector to kill the
dog so taxed.

Id., §4, as amended by chap. 244, Laws of 1862.

Duty of Collector and Liability.— The collector to
whom such list shall be delivered shall proceed and collect the sums
of money therein specified, within the time now required by law for
the collection of taxes laid by said supervisors, in the same manner
and with the like authority in all respects, as in the collection of
taxes imposed by the supervisors of the county, and shall pay the
same to the county treasurer, after deducting the commissions
allowed by law ; and the same remedies to compel such collection
and the payment over of the moneys collected, may be had against
such collectors and their sureties, as in the case of taxes levied by
supervisors.
Id., § 5.

When "Dog may be Killed. — If any person duly as-
sessed shall refuse or neglect to pay the tax so assessed, for five days
after demand thereof, it shall be lawful for any person to kill the
dog so taxed.

Id., § 6.

Collectors' Fees. — Each collector shall be allowed to retain

a commission of ten dollars on every hundred dollars collected, and

at that rate upon all sums collected by him pursuant to the direction

of the supervisors ; and said collector shall also, on filing his affidavit



73 Supervisors' Majstual,

of the fact with the connty treasurer, be entitled to retain as a
further compensation from the moneys collected by him, the sum of
one dollar for every dog or bitch killed by him, under the provisions
of the second section of this act.
H., § r.
Tax, liow Applied. — The moneys so collected and paid to
any county treasurer shall constitute a fund for the satisfying such
damages as may arise in any year from dogs killing or injuring sheep
in such county, and the residue for the use of the poor of the county.

Id., 18.

Liability of O-wners of Dog's for Injuries to
Slieep. — The owner or possessor of any dog that shall kill or
wound any sheep or lamb, shall be liable for the value of such sheep
or lamb to the owner thereof, without proving notice to the owner
or possessor of such dog, or knowledge by him, that his dog was
mischievous or disposed to kill sheep.

Id., S9.

Fence Vie-vrers to Ascertain Damages, etc —

The owner of any sheep or lambs that may be killed or injured by
any dog, may apply to any two fence viewers of the town, or asses-
sors of the city, or of the ward of the city, who shall inqiaire into
the matter, and view the sheep injured or killed, and may examine
witnesses in relation thereto, for which purpose either of them shall
have power to administer oaths. If they are satisfied that the same
were killed or hurt only by dogs, and in no other way, they shall
certify such fact, the number of the sheep killed or hurt, and the
amoimt of the damages sustained thereby by the owner, together
with the value of the sheep hurt or killed.

Id., § 10.

Certificate to be Evidence.— The said certificate shall
be presumptive evidence of the facts therein contained, in any suit
that may be brought by the party injured against the owner or pos-
sessor of any dog, if it shall appear on the trial of such suit that
notice in writing of the time and place of such view shall have been
served at least twenty-fonr hours before, on the said owner or pos-
sessor, either personally or by leaving at his dwelling-house with a
person who usually dwells therein, and who shall have arrived at
the age of sixteen years, was given to the owner of the dog, of the
intended application.
Id., 5 11.



The Supervisor. 73

Application for Damagres.— If the party injured
cannot discover the owner or possessor of the dogs by which such
damage was done, or shall fail to recover the value of the sheep
killed or injured, against such owner or possessor, he may apply to
the supervisor of the town, and upon producing to hira the certifi-
cate mentioned in the tenth section, made as aforesaid, and his own
affidavit that he has not been able to discover such owner or pos-
sessor, or that he has failed to recover his damages from such owner
or possessor, .the said supervisor shall lay the same before the board
of supervisors of the county at their next meeting.

Id., § 12.

The board of supervisors shall issue their order on the county



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 8 of 96)