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 87 of 96)
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the assessors of such town are hereby required to indicate on the
assessment-roll the property included in such incorporated village,
in a column separate from that containing a list of the property in
the town not included in such village, and shall also place on the
assessment-roll the names of all persons liable to poll-tax who are not

Town Mebtikgs. 787

residents of such village, and the board of supervisors are directed
to levy a tax of $1 on each person liable to poll-tax as thus indicated,
but this act shall not apply to assessments made for damages and
charges for laying out or altering any road, or for erecting or repair-
ing any bridge in such town ; nor to assessments made under the
provisions of section 1 of chapter 103 of the Laws of 1858, or the
acts amendatory thereof.

Id., § 3, as amended by chap. 259, Laws of 1889.

Amount of Tax. — The amount of such tax shall be deter-
mined by the commissioner or commissioners of highways and the
board of town auditors, or a majority of them, who shall certify the
same to the board of supervisors the same as any other town charges.

Id., § i, as amended by chao. 259, Laws of 1889. ,

Board of High-way Commissioiiers — Presi-
dent to Receive Money — To Give Bond.— The

commissioners of highways shall constitute a board to be known as
" the board of highway commissioners for the town of ."

*rhey shall elect one of their number president, and in the event of
their failing so to do, the commissioner longest in oflBee shall be
entitled to that position. The president of said board is hereby
authorized to receive, and the collector of taxes is directed to pay,
the moneys collected for highway purposes. Before receiving such
moneys, the said president shall execute to the supervisor of the
town a bond with sureties in penalty of double the sum which may
come into his hands, conditioned for the faithful accounting of such
moneys ; the said bonds to be approved, both as to its form and
sufficiency, by the supervisor of the town.
Id., §5.
Section 6 is repealed.

Board to Render Accounts.— At the annual meeting

of the board of town audit, the said commissioners of highways shall
render a detailed account of the moneys received and the manner
in which they have been expended, which account must be verified
by oath.

Id., % 7.

Commissioners to Lay Out Roads.— It shall con.
tinue, as heretofore, the duty of said commissioners of highways to
lay out the several roads in their town in districts, and in the appli-

788 SuFEBVisoBS' Manual.

cation of the road money they shall have due regard to the interests
of all sections.

Id., §8.

Repea<l. — All acts and parts of acts inconsietent with this act
are hereby repealed.
Id., § 9.

In any town which may have voted, or may hereafter vote, to
change the system of working and repairing the highways, as herein
provided, such change shall not take effect until the next annual
meeting of the board of supervisors after the town meeting at which
it was decided to make such change ; and until such annual meeting
of said boards of supervisors, the former system of repairing high-
ways shall remain in force in said town.

Id., 1 10, added by chap. 240, Laws of 1888.

If the town wishes to return to the old system after using the act
above, it may do so as follows :

Upon the written application of twenty-five tax payers of any such
towns, it shall be the duty of the justices, or other officers who preside
at the town election of any such town, to submit to the electors, and
the electors of any such town may vote at the next regular annual
town meeting upon the question of returning to the said former sys-
tem of working and repairing the highways. Such vote shall be by
ballot, upon which shall be written or printed respectively, " for re-
turning to the system of working and repairing the highways pro-
vided for in article 2 and article 3 of chapter 16, title 1, part 1 of
the Eevised Statutes," and, "against returning to the system of
working and repairing the highways provided for in article 2 and
article 3 of chapter 16, title 1, part 1 of the Eevised Statutes."
The ballots shall be deposited in a separate box by themselves, be
counted by the inspectors of election, or other officers presiding at
such town election, and if a majority of the electors shall vote in
favor of returning to said former mode, the town voting therefor
may avail itself of the privileges of this act, and of said article 2
and article 3 of chapter 16, title 1, part 1 of the Eevised Statutes,
upon causing a minute of its action to be entered by the town clerk
in the town records. In any town which may have voted or may
hereafter vote to return to the system of working and repairing the
highways as herein provided, such change shall not take effect until
the next annual meeting of the board of supervisors after the town
meeting at which it was decided to make such change ; and until

Towsr Mbetings. 789

such annual meeting of said board of supervisors the former system
of repairing highways shall remain in force in said town.

Chap. 31, Laws of 1879, as amended by chap. 120, Laws of 1889.

§ 962. As to Poor Moneys on Hand, if Dis-
tinction Betiveen ToTrn and County Poor is
Abolisbed.— See § 74, ante.

§ 963. As to Gospel and School Lots.— See § 72,
subd. 3, ante.

§ 964. As to Power to Transfer Duties of
Kailroad Commissioners to Supervisors.—

See p. 15, am,te.

§ 965. As to Vacancies in ToTrn Offices. - The
provisions as to filling vacancies are contained in 1 E. S., §§ 31 to
37, which are set forth at section 18, aunte, except section 36, which
is as follows :

" Vacancies in all town offices, except the office of supervisor, asses-
sor, commissioner of highways, overseer of the poor, collector or over-
seer of highways, shall be supplied by the justices of the town, in
the manner provided in the thirty-first section of this title " (the
first paragraph of section 18, ante). Yacancies in the office of col-
lector shall be supplied in the manner prescribed in chapter 13 (see
ante, § 359), and vacancies in the office of overseer of highways,
in the manner prescribed in chapter 16 of this act (by the com-
missioner of highways).

1 K. S. 822, §36.

For Supplying* Vacancies in Office of Justice
of tlie Peace. — See§l50, a«fe.

In Office of Commissioner of Excise. — See § 966,

§ 966. Excise Commissioners to be Elected,

Etc. — Vacancies. — At the annual town meetings in the sev-
eral towns in this State, held next after the passage of this act, there
shall be elected in the same manner as other town officers are elected,
three commissioners of excise, who, while acting as such commis-
sioners, shall not hold either of the offices of supervisor, justice of
the peace, or town clerk, the office of president or trustee of any

'^90 Supervisors' Manual.

incorporated village, and who shall compose the board of excise of
their respective towns and discharge the duties imposed upon the
supervisor and justices of the peace of towns, and the president and
trustees of incorporated villages thereof, by chapter 175 of the Laws
of 1870, and laws amendatory thereof and supplementary thereto ;
and shall be entitled to receive compensation at the rate of $3
per day, while in session as a board of excise, which shall be a
town charge ; except in the counties where the moneys received by
said board are paid into the county treasury as hereinafter provided,
when it shall be a county charge. The commissioners first elected
imder this act shall be classified by lot, under the superintendence of
the supervisor, the justice of the peace having the shortest time to
serve, and the town clerk, or a majority of such officers, who shall
meet at the office of the town clerk of their respective towns for
such purpose, within ten days after such town meeting, and the per-
sons drawing for one, two and three years, shall serve for such terms
respectively ; and annually thereafter one commissioner of excise shall
be elected for a term of three years. Yacancies occurring in said
boards, from any cause, shall be filled by appointment by the super-
visor and justices of the peace of said town, or a majority of them,
until the next annual town meeting, when such vacancy shall be
filled by election.

Chap. 444, Laws of 18V4, § 1.

Ballots, £tc. — The said commissioners shall be voted for
upon a separate ballot, which shall be deposited in a separate box,
marked " excise," and before entering upon the duties of their of-
fices shall take and subscribe the constitutional oath of office, and file
the same with the town clerk, and shall execute a bond to the su-
pervisor thereof, to be approved by him in doable the amount of
the excise moneys of the preceding year, conditioned for paying
over to him or his immediate successor in office within thirty days
after the receipt thereof, all moneys received by them as such excise
commissioners. Where no moneys have been received for licenses
during the preceding year, said bonds shall be executed in the penal
sum of $1,000. Said moneys shall be disposed of as directed by
the town board, except in those counties where the support of the
poor is a county charge, where such excise money shall be paid into
the county treasury, subject to the control of the board of super-

Id., § 2, as ameDded by chap. 459, Laws of 1886.
Not applicable to Richmond county.

Town Meetings. 791

Proviso. — Nothing in this act shall affect the provisions of
any special act in so far as the same provides for any special dispo-
sition of excise moneys or fines.


§ 967. Relative to the Poor. — In those counties
where the respective towns are made liable for the support of their
poor, it shaU be the duty of the town clerk to exhibit at the annual
town meetings the accounts for the support of the poor therein, the
preceding year as the same shall have been allowed and passed by
the town auditors, which accounts shall be openly and distinctly read
by the clerk of the meeting ; and the overseers of the poor shall
also present an estimate of the sum which they shall deem necessary
to supply any deiioiency of the preceding year, and to provide for
the support of the poor for the ensuing year.

8 R. S. 1865, §64.

The Expense of Supporting- Town Poor.—

The inhabitants of such town shall thereupon, by a vote of a ma-
jority of the persons qualified to choose town officers, determine
upon the sum of money which shall be assessed upon the said town
the ensuing year, for the purpose aforesaid. The sum so voted, when
raised and collected, in those counties where a county poor-house or
other place shall have been provided for the reception of the poor,
shall be paid to the county treasurer, and by him placed to the credit
of the town ; in all other counties, the sum so voted by any town,
shall be paid to the overseers of the poor thereof.

Id., § 55.
Bat in counties working under the Livingston county act, see 453, ante.

There is a special law relating to the election and appointment of
town officers, the transacting of business, etc., in counties containing
upwards of 300,000 inhabitants.

Chap. 564, Laws of 1881 .

§ 968. Free Public Iiibraries, when may be

Established. — Each town and city and village in this State may,
by resolution duly adopted by their common council, board of trus-
tees and town auditors respectively, establish and maintain a free
public library, or free public reading-room therein, with or without
branches, for the use of the inhabitants thereof, and provide suit-
able rooms therefor, under such regulations for its government as
may from time to time be prescribed by the board of town auditors

792 SuPBEViBOBs' Manual.

of the town, or the city council, or the board of trustees of the vil-
lage. Provided, nevertheless, when any village shall establish a
library or reading-room under this act, it shall be exempt from any
charge for the establishment or maintenance of any library or read-
ing-room in the town in which it is situated.

Chap. 458, Laws of 1872, § 1, as amended by chap. 479, Laws of 1885.

Amount, hoTr Appropriated.— Any town or city or
village may appropriate money for suitable buildings or rooms and for
the foundation of such library or reading-room, a sum not exceeding
$1 for each of its legal voters, residing therein at the time such appro-
priation is made, who voted at the next preceding annual election
therein in the year next preceding that in which such appropriation
is made ; and may also appropriate annually, for the maintenance
and increase thereof, or of any public library or reading-room duly
organized under the laws of this State, in said town, city or village,
a sum not exceeding seventy cents for each of its legal voters as
aforesaid, and may receive, hold and manage any devise, bequest or
donation for the establishment, increase and maintenance of a free
public library, or free public reading-room, within the same. The
moneys herein authorized to be appropriated shall be audited, as-
sessed, levied and collected as other town, village or city charges are
now audited, assessed, levied and collected ; provided, that no such
money shall be appropriated unless a majority of all the taxable in-
habitants of said town, city or village where such library or reading-
room is to be located, petitioned to the board mentioned in the first
section, in writing, for the establishment of such library or reading-
room. In obtaining signatures or consents to such petition for said
library or reading-room, reference shall be had only to the last pre-
ceding assessment-roll of such town, city or village, and when the
genuineness of such signatures to such petitions or consent, and the
fact that said signatures constitute a majority of the tax payers as
aforesaid, shall be proven to the satisfaction of the judge of the
county in which said library or reading-room is to be located, the
sufficiency of which proof shall be certified by such county judge,
said petition or consent, together with said certificate of said county
judge, shall be filed by the clerk of such town, city or village, in the
county clerk's office of the county in which such library or reading-
room is to be established.

Id., % 2, as amended by chap. 328, Laws of 1885.

§ 968^. Special TOTm Meeting^S.— Special town meet-
ings shall be held to supply vacancies in the several cases hereinafter

Town MBETiisrGs. 793

provided. They shall also be held whenever twelve or more persons
eligible to the office of supervisor of the town shall, by application
in writing, signed by them and addressed to the town clerk, require
a special town meeting to be called for the purpose of raising moneys
for the support of common schools or of the poor when a proposi-
tion to that effect shall not have been acted upon at the annual town
meeting ; also to vote on the question of raising and appropriating
moneys for the construction and maintenance of any bridge or
bridges which said town may be authorized by law to erect or main-
tain ; or for the purpose of deliberating in regard to the institution
or defense of suits or the raising of moneys therefor ; and no special
town meeting shall have power to act on any subjects other than
such as are specified in this section.

1 E. S. 810, § 7, as amended by chap. 259, Laws of 1886.
The " several cases hereinafter provided," are those mentioned at § 18, ante.

The board of supervisors may authorize a special town meeting
to consider and decide any question upon which the electors may be
called to take action in accordance with the provisions of chapter 482,
Laws of 1875.

See chap. 482, Laws of 18T5, § 1, subd. 19.

§ 969. Notice to be Given. — No previous notice need
be given of the annual town meetings ; but the town clerk shall, at
least eight days before the holding of any special town meeting,
cause notice thereof, under his hand, to be posted at four or more
of the most public places in the town ; which notices shall specify
the time, place and purposes of such meeting.

Id., §8.




For each day '3 actual and neceaaa/ry service performed by, for town. . %% 00

Tovm cha/rge.
1 R. S. 889.


To consist of the supervisor, justices and town clerk, except certain towns in
the counties of Clinton, Madison, Warren and Essex.

For each day's actual amd necessary service performed, each $2 00

Id. '

In the towns of Ausable, Champlain, Peru and Plattsburgh in the county of
Clinton; the town of Lenox in the county of Madison; the towns of Queensbury,
Chester and Caldwell in the county of Warren, and the county of Essex.

For each day's actital and necessary sendee " not to exceed three days
(except in towns having a population of six thousand or over. In
which case they are allowed to sit six days each " $8 00

Town charge.

Laws of 1881, chap. 870, § 6, aa amended by Lawa of 1888, chap. 180
See, also, page 361, amle.

Per day actually and necessarily employed ., $3 00

1 R. S. 267. ^""^"^^^^

To be audited by the board of supervisors, but not until the secretary of State
shall notify the clerk of the board, of the receipt and acceptance of the returns
for which compensation is claimed.

EaOiday $2 00

Town cha/rge.

Lawa of 1870, obap. 242.

For «acA doy'g serciee on board _ $3 00

A twm eha/rge, except in coontiee where the poor are all a county chajrge.
S B. S. 1990.

Digest of Fees. 795

For eaan, day's aetvM and neeesswry service f or to wn $3 00'

Tomh charge. ^^

2 id. 1218.


On all sums paid within thvHy days from the first posting notices, 1 percent

After thirty days 5 percent.

CoUeetmg dog tax 10 percent.



For serving summons 25

For serving warrant with summons and order of oA'rest '. 1 00

For serving an attachment with summons 1 00

For serving an execution, for every doHar collected to the amount of

$50... 05

For every dollar collected over $50 03i

FoT attending hetoie another justice when orignal justice a witness 50

With person m ctistody, in addition 60

For notifying plaintiff of service of warrant 25

For subp(Enaing witnesses, not exceeding four, each. 25

Foi summ,oning a, JU.TJ 75

For summoning jury to assess damages in proceedings relative to

highways 8 00

For serving affidavit, notice and swmmons in proceedings to recover

possession of personal property 1 00

For taking charge of a jury 50

For every mile traveled to serve sum/mons, wa/rrant, attachment or

execution, or any other mandate, the distance to be computed from

the place of abode of the defendant, or where he shall be found,

to where the precept is returnable, going and returning 10

For every mile traveled, going and returning, in notifying plaintiff

of the service of an order of arrest 10


For serving precept or other mmidate by which proceeding is com-

For serving a wa/rrant

For a/rrestmg and com/mitting any person pursuant to process

Every mile traveled going and returning

For serving order directing proceeding before another justice and

attending before the latter

For subpoenaing each witness, not exceeding four

For swnmonmg a jury in case of the laying out or altering a road,

for svm/morwng each juror, to be paid by the applicant

For each mile actvMly and necessoml/y traveled in summoning such

jury (Code, §3323)

Notifying /Mry to assess damages relating to highways


For serving wa/rrant in a criminal case, if an arrest is m&de (1 Denio,

658) $ 75

For every mile traveled, if an arrest is made, going or returning

(Laws of 1877, chap. 89) 10

For taking defendant into custody on a mittimus 35

Mileage same as for warrant, each mile 10'

$ 25


1 00


1 00




3 00

796 Sdpeevisoes' Manual.

For taking charge of e,jwry | 50

For attending court puxsaant to notice from sheriff, for each day, ex-
cept Erie county, which is per day $3* 2 00

For each mile tra/Deled in going to and returning from such court,

payable by county treasurer on clerk's certificate (Code, § 3313). 05

For serving a aubpama for each witness 25

Mileage on distance actually and neeesaa/rUy traveled, going and re-
turning, to serve snbpcena on all the vdtnesses and not separate

mileage for each witness, for each mile (3 R. S. 2580, 2585) 05

Notifying complainant 25

Mileage going and returning 05

Keeping pmojwr per day (3 R. S. 2585, § 8; Laws of 1877, chap. 89). 1 00

The board of supervisors may allow such further compensation for the service
of process and the trouble and expense attending the same, as they shall deem

8 R. S. 2578, § 4.

For other services in criminal cases, for which no compensation is specially
provided by law, such sum as the board of supervisors of the county shall allow.


In all cases in which a specific compensation for any service is not provided by
law, the officer or person presenting an account therefor shall also exhibit in
writing a just and true statement of the time actually and necessarily devoted to
the performance of such services.

1 R. S. 978, I 2.

No travel fees shall be allowed for traveling to subpcena witnesses beyond the
limits of the county or an adjoining county, unless the board auditing the account
shall be satisfied, by proof, that such witness could not be subpoenaed without
such additional travel; nor shall any travel fees for subpoenaing witnesses be
allowed, except such as the board auditing the account shall be satisfied were
indispensably necessary.

1 R. S. 846, § 27.

There is a chance for discussion in relation to constables' fees (given above in
•criminal cases and taken from Laws of 1866, chap. 692, as amended by Laws of
1877, chap. 89; 3 R. S. 2585), as to whether all such fees are not county charges.
After enumerating certain fees the concluding sentence reads as follows: "For
attending any court pursuant to a notice from the sheriff for that purpose $3
for each day and five cents a mile for each mile traveled, in going to and returning
from such court; " then follows a semi-colon just as iu the other enumeration of
fees; after which these words occur, " which fees shall be chargeable to the county
and shall be paid by the treasurer thereof on the production of the certificate of
the clerk, specifying the number of days and distance traveled." It is the opinion
of the editor, from an examination of the whole section and from the original act
of 1886, that it was not meant to make aU such services a county cha/rge, but only
those for attending court and mileage in going and returning therefrom, and that
the division of fees between town and county was undisturbed.

See " Note A."


Each year, may retain out of the interest of moneys committed to their charge:

Upon $25,000 or a lew sum 3-4 of 1 per cent

Upon/«r«/ier sum of $25,000 or less 1-2 of 1 per cent

Where the vihoU snim shall not exceed $50,000 1-2 of 1 per cent

Except in New York County, in which county, upon all »am» ex-
ceeding $50,000, retain 1-4 of 1 per cent

1 R. S. 614, i 18.

• Not applicable to New York nor Kings counties.

$ 10

3 00

5 00



1 00



1 00

Digest of Pees. 797



Mileage to place of inquest and return, per mile

Summoning and attendance upon jury '.'.*.'.'.

Viemng body .'.'.'.*.'.".".'.*.'.

Serving aviposna, per mile traveled !!!!"!!."!!!!!!!

Swearing each witness '...'.*.!!!!!!!'.

Drawing inquisition for jurors to sign !.'!!!!.'!!."."."."!!

Copying inquisition for record, per folio! ..'!!.'.'!!.'."!.".'!!.'.' i " i . i ! '.

(But such officer shall receive pay for one copy only.)

For making and transmitting statement to board of svpermsors, each


For warrant of commitment .".'.".'.'.".'.'.""

Fov arrest and examination of offenders, fees shall be the same as

justices of the peace in like cases.
When required to do the duties of a sheriff, shall be entitled to and

receive the same fees as sheriffs for the performance of like

Shall be reimbursed for all moneys paid out actuMly and necessarily

by him in the discharge of official duties.
Shall receive for each and every day and fractional parts thereof

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 87 of 96)