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

. (page 90 of 96)
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 90 of 96)
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costs 374-80

the auditing of a claim does not make it a legal charge 343

the law fixes legal charges 342

accounts to be presented by some certain day 343

certain counties not to audit accounts not presented in time 343

exceptions thereto 343

notice to be given by clerk of board, in certain counties as to presenting

county claims 343

accounts must be itemized and verified 344

unless account verified, the auditors no jurisdiction to audit 344r-5

if not properly verified, to be retiurned for correction 345

if account informal, may be amended 345

board to act on each item specifically 345

an arbitrary reduction from gross amount of account is improper 345

claim for services, statement of 845

for torts, improper 346-9

exception thereto 346

torts defined 346

rcgected, on the merits, not to be audited by other boards 349

not on the merits may be audited 350

same board can reconsider audit 850

no action lies for town or county charge 349-50

vouchers should accompany 351

board cannot delegate power to committee 351

majority of board can audit 93, 351

form of 354

how audited 355

by town board 355-97

by county board 397-428

who are to audit 355

in towns . 355-68

in counties 397-428

laws pertaining to auditing by town board 355-363

whentomeet ...856-8,362-73

auditors to make certificate 33, 356, 395, 396

duty of board of supervisors as to town audits 356, 483

account of justices of the peace in criminal cases. 356, 381, 387, 423, 434-5, 483

form of account ■ -384, 434-6

of report by • • • • 434

of overseers of the poor 3o6, o63

under Livingston county law 364

form of account • ■ • ■ 368

of highway commissioners °°°t ?'"

form of account q7n 1

of colSS^:!^;;:;\\::.v;:;::v::;.v:;;;::.-;;:35d:7,-38i, m 436

of town officers who disburse and receive moneys 356-7, 362-4

statement as to such accounts 357

to be read at town meeting "O'



820 Index.

AUDITING — Continued. p^gi^

appeal by tax payer from 357-8

by to\irns and counties acting under Iiaws 1875, chapter 180 358

acting under Laws 1886, cliapter 585 359-63

of supervisor 33, 363, 431

who are to audit it 363, 431

certificate as to supervisor's account 363, 431

of town charges 372-97

vaccination 374

books for chattel mortgages 374

jury Usts for justices of peace , 374

judgment and costs against town officers 374-80

under the Ontario county dog law 380

railroad aid bonds 887-9

to be canceled 387-9

town notes, so called 390

relief of indigent soldiers and sailors 893-3

lands for monument purposes 394

abstract of tow^n accounts 396

officers receiving fines or penalties to report before their accounts

are audited 546-7

form of report ... 424

tow^n bonds not to be audited 389

by board of supervisors 897-438

concurrent jurisdiction to audit town charges except justices' and

constables' claims 398

county charges to be presented to 397

contingent expenses may be raised in advance 397

accounts fur services 398

account to be numbered 398

of superintendent of the poor 417-20, 483, 594

of supervisor 30-8, 363, 421

form of account 431

judgment for damages by defective roads and bridges 374, 377-9, 683

or to claims therefor 346

in Albany county 438-40

Montgomery county 440-3

Bensselaer county 443-5

Saratoga county 445

county chsirges. (See Cohhtt Chabges.)

AUDITOKS, BOARD OF TOWN:

to prescribe bond or security of supervisor 15

and approve the same 15

certificate by, as to supervisor's account 33

accounting for gospel and school lots fund 51-3

duties on buying and canceling town bonds 45, 84, 387-9, 710

vacancy in, when supervisor to supply 87, 359, 361

duties as to roads and bridges damaged or destroyed after town meet-
ing 136, 673-3

when to audit accounts thereof 137, 673-3

and issue certificate therefor 137, 673-8

form of consent to repair thereof 137, 673-3

to audit judgment for defective roads and bridges 683-91

claims therefor 346

estimate by, of expenses of town poor for coming year 865

certificate as to poor under Livingston county law 365

to audit town charges 356, 358, 360, 363-96

duties as to railroad commissioners 15-6, 387-9

town bonds 15-6, 387-9

to prescribe and approve bond of railroad commissioners 15-6, 388-9

as to levying tax to buy and cancel town bonds 45, 387-9, 710

need not audit town bonds 389

to report as to gospel and school lot funds 890



Index. 821



F^QE.



AUDITORS, BOARD OF TOWN — Continued.

may dispose of excess of eKcise moneys 391

certificate as to town audits 395

form of I 395

pay of 794

atowncharge 373, 794

laws relating to town auditors 355-90

(See Auditing of Accounts.)

audits of, to be published 396, 545

relief of indigent soldiers, sailors, etc 392-4

acquiring lands for monument purposes 394

BALLOTS:

law as to uniform , 150-1

must be on plain white paper and uniform 150

caption to , 150

unlawful to distribute other 151

defective 173

loss of 176

BANKS:

taxation of ' 810-5

(See COBPOKATIONS.)

stockholders of, to be taxed 313-4

duty pf , as to unpaid school taxes against stockholder ,294-5

Kst 01 stockholders to be kept by 312

non-resident stockholders of 313

to retain dividends when , 312

individual banker, how assessed 195-6, 313

who is.. 314

oath of 313

foreign banking corporation 314

savings banks, where and when assessed 814

deposits in, when assessed 314

designated as depositary for county funds to give bond to board of
supervisors 560

BENEVOLENT INSTITUTIONS:

what are ; 615

report of commitments to 615

what to contain 615

with whom filed 615-6

death, removal or discharge from, to be reported 616

accounts of, to be verified and delivered clerk of board 616

BIRTHS:

registration of 119

BLIND:

the, duties in respect to , 77-82

BOARD OF COUNTY CANVASSERS:

who compose the •_ 159

are not town or county officers, but distinct and for special service 159

when and where to meet 159

duty of, in Hamilton county 159

in Fulton county 159

county clerk to be secretary ■ • • • 160

oath to be taken by 1°0, 166

quorum of 1™

if no quorum, how proceed 162

to estimate and state votes • • „ V "lan S?

how stated and certified 160-,i, low-^l

to determine who are elected 160

to publish the same 1°1



822 liiDEX.

BOARD OF COUNTY CANVASSERS — Continued. pace.

to return statements of votes to inspectors of election, if any omissions,

mistakes 16^

county clerk to deliver statements to 16S

and to procure returns when 16S

and to record the same 16S

statements to be transmitted 163, 169-70

and delivered county ofiScer elected 163, 171

list of members of assembly 164, 171

electors of president and vice-president, duties of 164

records of meeting of 165

how kept 165-7

committee on " forms of election returns " 167

committee on "footing election returns " 167

resolutions, as to canvass 170

as to officers elected 170

when to order special election 171

notice for special election 172

powers of 172-7

may be compelled by court to correct errors in determination 177

practice therefor 181'

decisions as to 172-7

BOARD OF HEALTH. (See Health, Board of.)

BOARD OF TOWN AUDITORS. (See Auditors, Board of.)

BOARD OF SUPERVISORS (see County):

may lease county building to G. A. R 100

duties of, as to assessment-rolls 248-821

powers of a county as a body corporate 447-0

to be exercised by the board of supervisors 448

limitation of its corporate powers 448

proceedings by or against county, in the name of 448

effect of division on county lands . . .• 448

on personal property 448

on county debts 449

no action for a county charge 449, 451

power to audit county charges exclusive of all other authority 449

cannot audit claims for torts .346-9, 449

acting without jurisdiction, void vii, viii, 888-53, 449, 450

can be sued for illegal tax collected and paid into county treasury 450

can sue to recover moneys fraudulently drawn from county treasury.. . 450

when county treasurer not agent of county 450

may compromise suits 453

arbitrate claim 452

no power to borrow money unless given by statute 452

may acquire property 453.

by bequest 453

by voluntary grant, gift or devise 453

on tax sale 453.

by statute 453

lease real estate 454

cannot make bills of exchange 338

nor ratify illegal act 343

nor furnish dinner at public expense 393

resolution of, authorizing suit 332, 343

what is not ratification by, of void contract 457

to warrant suit against, there must be some duty of the county 449

not liable for defscalt or neglect of county officers 451

who compose the board 463, 633

annual meeting of 463, 623

how fixed 463, 467

vote required 623



Index. 833

BOARD OF SUPERVISORS — Continued. p^o^,

special meeting of 4g3 ^Qrj

how called ; ".'.'.'.'.'.. . '. 467

meetings to be public " " 4g3

quorum ...."!.'.'.".'.'.'.".'.'.'.'.".".'.' 463

organization of 623-34

clerk prepares roll ... 624

former clerk calls to order 624

in case of contested seat, how act 625

officers chosen at 624r-7

chairman ..463, 624

in Kings county 626

in Erie county 626

in Albany county 431

in Rensselaer county , 443

clerk 4641626

term of office of 626

Erie county 626

Albany county 43I

Rensselaer county 443

Kings county 626

reading clerk 627

janitor 637

to prescribe rules of order 627

first code of 628

second code '. 629

must be in accordance with law 627

power to determine who are members of 628

may reconsider questions 627

standing committees 684

how to exercise powers 460, 461-8

by resolution 460, 461-3

powers of vii, ix, 454

cannot be delegated 454^60

when may , . . .454-60

act only by resolution 460

illegal condition in, void '. 458, 460

to be entered on records 460

limited by statute vii, viii, 454, 460

jurisdiction defined vii, viii, 454

(See JUEIBDICTION.)

neglect by, penalty for 454, 465

cannot bind county by act not delegated by law • 449-61

nor act upon their notions of what the law ought to be 45, 454

nor allow claim on their notions as to its equity 454

cannot delegate their powers to a committee or other persons 257,

261-2, 334, 842, 351, 402-8, 455-60

quorum of 463

annual and special meeting 465, 467

powers of, under Revised Statutes 463-5

chairman of 463

clerk of 464

his pay 404

books and records of 464

general statutes pertaining to 463-512

statement of county assessment to be sent by comptroller to 257, 518

also amount of State tax 257, 513

such amount must be levied and collected 238, 513

if not, mandamus lies 258, 513

to repair and erect court-house and jails 464, 466, 469, 489

to prepare solitary cells in jail 464

to repair bridges. (See Roads and Bkidobs.)

to apportion county tax 466

when to appoint special commissioners of highways 466-7

pay therefor 467



824 Index.

BOARD OP SUPEBVISOES — Continued. page.

to levy taxes for roads and bridges voted by town meeting 466, 469

notice therefor 466

to be published 467

to publish list of claimants and accounts audited 467

when may divide and alter and erect new towns , 468, 474

vote required 468

limitation on 468

how application made 468

map and survey on 468

to be filed 468

apportion debts on 474

to name new town 468

to appoint officers to preside at town meeting in new town 468

to buy lands for poor-house 469

to sell and lease county lands 469

to levy tax for county buildings 469

or borrow money therefor 469

may extend time for collection of taxes 470-93

may enact laws for destruction of wild beasts, thistles and noxious

weeds 470

to prevent injury to sheep, game and fish 470, 494

may require county officer to report 470

may fix, locate and define disputed town boundaries 470

notice therefor 470

how so fixed 470

and refund taxes paid while line in dispute 471

every resolution to be signed and recorded, when 471

may adopt seal 475

records of, when evidence 475

may summon witnesses, books and papers 475, 477-80

how proceed 475

duty of sherifi" 476

power of committee 476, 477-80

when adjourn during examination 476

bond of witness 476

can contract only through authorized agents 843

cannot legalize illegal claim by acknowledgment, ratification or other-
wise 342

may employ counsel 343

mayauthorize towns to borrow money for roads and bridges. .480-1, 491, 497
(See Roads and Bridgbs.)

partly in,viUages 484

application of town officers therefor 480-1, 491

to prescribe form of obligation therefor 480, 499

certificate to be indorsed thereon 481, 498

to ]evy tax therefor 481, 491

borrowing money by 481, 489

vote req aired 498

resolution therefor 498

(See Committee on Legislation.)

security required 498

to prescribe form of obligation 480-1, 499

powers of, as to soldiers' monuments, voted by towns 483, 509

or county 483, 509

vote required 483

moneys, how expended 483

may stay further expenditure 483

informal action of town meeting, how legalized and corrected . . . 482, 587

also manifest errors 353-7, 483, 537

to have charge of books and records 483, 556

to authorize copies thereof 488

expense thereof, how certified 483

by whom to be approved 483



Index. 835

BOARD OF SUPERVISORS — Continued. p..^

PAGE.

to audit accounts of superintendent of poor and subordinate county

officers. 483, 510 594

prescribe form for 510

powers of, Queens county !...'.'!.' 484

may contract with sheriff for support of prisoners on civil process. 488] 573

not in Kings or Monroe counties 488

may purchase real estate for court-houses, clerk's office and oilier b'uildl

ings 447,453^, 489

and issue bonds therefor 489

limit thereto 4y9

may change location of such buildings 489

how changed 509

may fix salaries of certain county officers, and number of clerhs and

employees , 500-2

may change location of bridges, when 490, 665

(See Roads and Bridges.)

fix tolls 490, 665

joint action of boards thereon 490, 665

in case of destruction of bridges, may repair 490, 665

purchase rights of corporation in 490, 665

prescribe weight to be carried ou , 490, 666

apportion expense of 490-9, 665, 695

county's share of bridge over boundary stream. . . 491, 503, 665, 668

town's share to be apportioned 491

may authorize towns to purchas eplank roads, turnpikes, bridges, etc. 493, 664

may consolidate road districts 493, 696

and manner of collecting taxes thereon 493, 696

■when may authorize grade of streets 493, 503, 671

petition therefor 493, 671

notice to be published 493, 671

town officers not to receive pay therein 492-8, 673

to prescribe width of highways 493, 503, 697

may authorize survey and record of highways in towns 493, 503, 698

and monuments thereof 493, 698

effect thereof 498, 698

non-resident tax ou highways may be appropriated for improving such

roads 493, 698

commissioners to be appointed, . , 493, 699

may ez:tend time for collection of taxes 493

application of penalties in towns 494

as to game and fish 470, 494, 506, 531-5

jail limits, may establish 494-5, 504

may provide for employment of prisoners 494

may authorize special town meetings 495

purchase of town and village halls 103-4, 495, 497

purchase of village fire apparatus 495, 497

and issue of bonds therefor 495

cemetery association to acquire lands 495

town to enlarge or sell cemetery 496

proceedings therein 496

election of tax receiver 496

town meeting to be held by election districts 496

may prescribe number of assessors, highway commissioners and over-
seers of poor 496

may authorize towns to borrow money for certain purposes 497, 503

to levy taxes therefor 497

may authorize sale or exchange of school-house sites 497

or increase or diminish boards of trustees or education 497

or divide school conunissioners' districts 498

may establish fire districts in villages 497, 505

procure water supply therefor and fire apparatus 497

may fix time for opening and closing county offices 497

powers of, under act of 1875, how exercised 498

104



826 Index.

BOARD OF SUPERVISORS — Continued. page.

powers of, etc. , vote required 498

resolutions thereunder 493

form of 498

to be published 498, 645

fees therefor 498

copies to be filed 498

what to contain 498

to require security when bonds are issued 498

form of obligation to be prescribed 499

when statute law conflicts with supervisors' enactments, eflfeot of . ... 499

to determine contested membership .499, 506

to make rules •. 499

and prescribe penalties for violation thereof 499

to select paper to publish election notices and ofScial canvass 499, 543

session laws 499, 541

how selected 541-3

pay of members of 499, 506, 806

may appoint commissioners to receive and expend moneys appropriated

by State for highways and bridges 507

laying out highways through unoccupied and unimproved land .... 507, 698

when exercised 507

may appoint commissioners therefor 507

with power to borrow therefor 507

may authorize highway commissioner to alter, discontinue, widen or

narrow highways laid out by the State 503

duties of, in relation to paying and refunding debts by issuing new

bonds 45-6

(See Chapter XV.)

levying taxes therefor 45-8

may authorize towns to lease its buildings to Grand Army Posts 510

no power to ascertain, by committee, who are railroad commissioners of

town 477

no power to alter salary of surrogate 50O

to prescribe regulations concerning poor accounts 510

disbursement of 510

duties of, as to grand jury 47, 514-6

list of, to be made 47, 514^6

contents of 47, 514-6

increased number of 47, 514-6

by board 47, 514-6

by judges 47, 514-6

order to be filed 47, 514r-6

who to be placed on 47, 514-8

who are exempt 47, 514-6

report of committee on 515

duties as to common schools 497-8, 516-20

may authorize sale or exchange of school-house site 497

may divide school commissioner's district .•. . . .498, 51&

bat not in cities 519

may increase his salary 518

how levy tax therefor 516

to levy tax for support of schools 518

amount thereof 518

must not be omitted 516

how act if omitted 516

dissolution of union free school district 517

dissolution of consolidated districts 518

may approve the same conditionally 518

common school fund 519-

as to United States deposit funds 530-6

duties as to the militia 526-30

to provide armories 526-9

who select 627



Index, 837"

BOARD OP SUPERVISORS — Continued. p^o^

duties, etc. , expense of armory a county charge 526-9

armorer, janitor and engineer for armory 529

expense a county charge 539-30

enrolled militia !,".".. 530

national guard 526-30

duties of, as to assembly districts , 531

may accept donations 535

may not discriminate against inhabitants of other localities 536

may authorize appointment of assistant district attorney 553

and fix his pay 554

may employ attorneys 536

pay a county charge 536

substitute attorneys 586

may arbitrate claims 536

compromise judgment 537

to fix compensation for conveyance of juvenile delinquents and lunatics

and prisoners 538

(See Fees.)

soldiers, burial of deceased 538-41

headstones for 538-41

■when county charge 538-41

no power to provide for official printing of other county officers 543

each officer receiving moneys for fines and penalties to report to . . . 424, 546

and pay to county treasurer 547

if not reported, no salary or fees of offices to be pEtid 546

suit for neglect to pay over 547

moneys may be distributed to tovrns 547

excise commissioners to report to 548

loan commissioners to report to 524

duties thereon 520-6

to fix salary of district attorney 549

to fix and approve bond of district attorney 549

district attorney to report to 552

compensation a county charge 549

may authorize appointment of assistant district attorney 553

and fix pay . . . „ 554

village water.works commissioners to report to 554

what to contain 554

county clerk to give bond 555

approval of, by • 555

to provide duplicate county seal in counties having two shire towns. . . . 556

reports of county judge to • • 554

as to county treasurer :

bonds of, to 658

amount of, how fixed 558

how approved 558

new bond to be given if required by 558-9, 568

to sue bond, if required by comptroller 560

to dispose of funds received therefrom 560

as to banks receiving funds or deposits from county treasurers to

give bonds to board of supervisors 560

how approved 561

does not apply to certain counties 561

to fix pay of county treasurer 561

fees of, go to the county 562-3

clerks for county treasurer • • -489, 563

must determine amount of sinking fund 565

cannot direct county treasurer not to pay drafts of superintendent

of poor 563

vacancy in office of, may be filled by supervisors ^ 566

seal of county treasurer, may be provided by 566

as to surrogate :

board may authorize clerk for ' 569



828 Index.

BOARD OF SUPERVISORS — Continued.

as to siirrogate : page.

board may authorize clerk for, and fix pay. ... 569

or examiner of guardians' accounts 569

board of supervisors may apply for election of officers to discharge

duties of county judge and surrogate 569

county judge to be surrogate 569

cannot fix pay of surrogate 570

or county judge : 570

to provide court-rooms, furniture, fuel, attendants and stationery., 573

not obliged to provide more than one, for any one officer 572

appointment of, by 571

compensation 571

report by 571

as to sheriffs 573-8

as to jails :

to fix jail limits 494-6, 504

building and repair of 400, 413, 464, 466, 469, 489, 574

to provide solitary cells in 464, 574

disinfectants for 574

sufficient rooms for separate confinement of prisoners 675

prisoners to be kept at hard labor , 575

houses of detention ... 576

expenses of, are county charge 576

as to penitentiaries :

may contract for expenses of prisoners in 576-8

notice to be given thereof 576

such contracts are valid 577-8

to prescribe fees of officers conveying prisoners to 577

to appoint jail physician and fix his pay 578

to appoint county sealer of weights and measures 581

as to roads and bridges. (See Roads and Bkidges.)

as to plankroads and turnpikes. (See Roads and Bridges.)

as to county railroads. (See Roads and Bridges.)

as to the poor 585-603

may erect poor-house 469, 489, 585

determine number of superintendents 585

may fill vacancy in office of superintendent of poor 587

-who not eligible to be superintendent 586

term of office of 587

pay of 667

bond of superintendent of poor 568

how fixed 688

who approve 588-9

the powers of superintendents of the poor 587-94

meeting of superintendents, may be prescribed by supervisors 569

supervisors to provide funds for support of poor 593

principles governing the relations between the superintendent

and the county 591-4

auditing accounts of superintendent 589-90

regulations as to accounts of superintendent 594

may regulate temporary relief 594

Warren county act 595

how supported in other counties 596-8

may abolish distinction between town and county poor 470, 695-6

notice to be given thereof 596

estimate of expense for ensuing year for 597

may direct fines and penalties to be paid over 494, 598

to whom paid 494, 598

ftiay revive distinction between town and county poor 593-6, 698

notice to be given thereof 595

children not to be kept at poor-house 599

liow disposed of 600

as to the inssuie and lunatics 603-10



Index. 829

BOARD OP SUPERVISORS — Continued. p^^j,

as to the insane, to designate asjrlvun for g04

support of indigent insane 603-10

ia^iios ;..!." .'.".'!.'!.".';!."603-10

criminal insane 610-13

chronic insane paupers .'.'.'..'."."..".'.. 610

their estate liable for support !"!!'.!!!!!.'.' 608

to raise money for support of incUgent insane 605-7

compensation for conveying lunatics to be fixed by 613

when chronic insane paupers may be kept at poor-house .' 610

when not qiq

idiots :

support of 61g_4

when to be sent to asylum 613

expenses county charge 613

amount of g]^4

deaf-mutes, support of !!!!!77-80

blind, support of 80-3

benevolent institutions ' . '. .615-7

what are 615

reports of, to board of supervisors .' 615

as to judgments :

against town or town officers 373-5

against county or cotmty officers 375-7

decisions thereunder 377-9

limitation not to apply to judgments 376

to adjust compensation of person disbursing school moneys, when 14



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 90 of 96)