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ARTICLE SECOND.

Of the Effects of a Division of a County, on its Corporate Rights and Liabilities.

SEC. 5. Each county to hold such part of the county lands as shall fall within its limits.

6. Personal property of county to be apportioned, and how.

7. Debts to be apportioned, and how.

ART. 2.

$5. When a county seised of lands shall be divided into two or County lands more counties, or shall be altered in its limits, by the annexing of a part of its territory, to another county or counties, each county shall become seised to its own use, of such part of said lands as shall be included within its limits, as settled by such division or alteration.

perty.

$6. When a county possessed of, or entitled to, money, rights and Personal procredits, or other personal property, is so divided or altered, such property shall be apportioned between the counties interested therein, by the supervisors and county treasurers thereof, as to them or a majority of them, shall appear to be just and equitable. They shall meet for that purpose, at such time as shall be prescribed by the law making such division or alteration.

$7. Debts owing by a county so divided or altered, shall be apportioned in the manner prescribed in the preceding section; and each county shall thereafter be charged therewith, according to such apportionment.

Debts.

TITLE II.

OF CERTAIN DUTIES OF COUNTY OFFICers, and of VARIOUS MAT-
TERS CONNECTED THEREWITH.

ART. 1.-Of the board of supervisors.

ART. 2.-Of the county treasurer.

ART. 3. Of loan officers and commissioners of loans.

ART. 4.-Of the clerks of counties.

ART. 5.-Of sheriffs and coroners.

ART. 6. Of surrogates.

ART. 7.-Of district attornies.

ARTICLE FIRST.

Of the Board of Supervisors.

SEC. 1. Board of supervisors to meet annually, and where. May also hold special meetings,

2. Place of annual meeting.

3. Time of annual meetings.

4. Powers of board.

5. Majority of supervisors a quorum, and questions to be decided by a majority present. 6. Meetings to be public.

7. Chairman to be appointed at each annual meeting.

8. Chairman to have power to administer oaths.

9. Clerk to be appointed, and his duties.

10. His compensation.

11. Books, &c. of board, to be deposited with clerk, and to be open to examination.

12. Clerk to designate the amount allowed upon accounts, &c.

13. Supervisors to cause court-houses and jails to be repaired.

TITLE 2 SEC. 14. To cause solitary cells to be prepared for convicts.

Annual meet

ing.

Place of an

15. Compensation of members of board.

16. Penalty for neglect of duty.

17. Mayor, recorder and aldermen of New-York, to be supervisors of that county.

$1. The supervisors of the several cities and towns in each of the counties of this state, shall meet annually in their respective counties, for the despatch of business as a board of supervisors. They may also hold special meetings, at such times and places as they may find convenient; and shall have power to adjourn from time to time, as they may deem necessary.1

$ 2. In the counties of Albany, Allegany, Broome, Cattaraugus, nual meeting. Cayuga, Chautauque, Chenango, Cortland, Delaware, Dutchess, Essex, Genesee, Herkimer, Jefferson, Lewis, Madison, Onondaga, Schenectady, St. Lawrence, Steuben, Tompkins, Ulster, Wayne and Westchester, the boards of supervisors shall hold their annual meetings, at the places provided by law, for the meeting of the board of canvassers of the votes given at the annual election. In all the other counties of the state, the board shall meet at the court-house in each county, if there be but one; at each of said court-houses alterternately, if there be two; and if there be no court-house in the county, then at the place where the last court of common pleas shall, or ought to, have been held.1

Time of an

nual meeting.

Powers of the board.

$ 3. The annual meetings of the boards of supervisors shall be held at the following times:

1. In the county of Kings on the first Tuesday of August, and in the county of Livingston on the second Monday in November, in each year:2

2. In the counties of Oneida and Washington on the third Tuesday of November in each year :3

3. In the counties of Albany, Allegany, Broome, Cattaraugus, Cayuga, Chautauque, Chenango, Cortland, Delaware, Dutchess, Essex, Franklin, Genesee, Greene, Herkimer, Jefferson, Lewis, Montgomery, Onondaga, Orange, Sullivan, Schenectady, St. Lawrence, Steuben, Tioga, Tompkins, Ulster, Wayne and Westchester, on the Tuesday next after the general election in each year :4

4. In the counties of Madison, Orleans, Otsego and Saratoga, on the Monday next after the general election in each year :5

5. And in every other county in this state, on the first Tuesday of October in each year.

§ 4. The board of supervisors of each county in this state, shall have power at their annual meetings, or at any other meeting,

(1) 2 R. L. 137, § 1 ; Laws of 1823, p. 397, § 19, 398, § 20; 1825, p. 330, § 1; 1826, p. 39, 94, 135, § 4. (2) Laws of 1824, p. 17, § 3; Act of the 15th of March, 1928, Chapter 72 (3) Laws of 1826, p. 5. (4) Laws of 1825, p. 330; 1826, p. 94, 135; 1827, p. 283; Act of March 28th, 1828, Chapter 132. (5) Laws of 1825, p. 330; 1826, p, 25; 1827, p. 159; Act of March 20th, 1828, Chapter 91. (6) 2 R. L. 137, § 1; Laws of 1823, p. 397, § 19, 398, §

20; 1825, p. 330, § 1; 1826, p 39, 94, 135.

1. To make such orders concerning the corporate property of the ART. 1. county, as they may deem expedient :

2. To examine, settle, and allow all accounts chargeable against such county; and to direct the raising of such sums as may be necessary to defray the same:

3. To audit the accounts of town officers and other persons, against their respective towns; and to direct the raising of such sums as may be necessary to defray the same: And,

4. To perform all other duties which may be enjoined on them by any law of this state."

decide.

$ 5. A majority of the supervisors of any county shall constitute a Majority to quorum for the transaction of business; and all questions which shall arise at their meetings, shall be determined by the votes of the majority of the supervisors present.8

public.

$6. The boards of supervisors shall sit with open doors, and all Meetings persons may attend their meetings.8

$7. They shall at each annual meeting, choose one of their num- Chairman. ber as chairman, who shall preside at such meeting, and in all other meetings held during the year. In case of his absence at any meeting, the members present, shall choose one of their number as a temporary chairman.9

ter oath.

$8. Every chairman shall have power to administer an oath to May adminisany person, concerning any matter submitted to the board, or connected with their powers or duties.9

appointed.

S9. Each board of supervisors shall, as often as may be necessa- Clerk to be ry, appoint some proper person to be their clerk, who shall hold his office during their pleasure, and whose general duty it shall be, 1. To record in a book to be provided for the purpose, all the ceedings of the board:

pro

2. To make regular entries of all their resolutions or decisions, on all questions concerning the raising or payment of monies :

3. To record the vote of each supervisor on any question submit

ted to the board, if required by any member present: and,

4. To preserve and file all accounts acted upon by the board. 10

$10. The clerk shall receive a reasonable compensation for his His compenservices, to be fixed by the board of supervisors, and to be paid by the

county.1

10

sation.

$ 11. The books, records and accounts of the boards of supervi- Books, &c, sors, shall be deposited with their clerk, and shall be open, without reward, to the examination of all persons.10

(7) 2 R. L. 137, § 2. (8) Ib. § 7. (9) Laws of 1825. p. 397, § 1. (10) 2 R. L. 138, § ; Ib. 140, § 9; Laws of 1820, p. 223.

TITLE 2.

Accounts to

be filed.

Court-houses and jails.

Solitary cells.

Pay of members.

Penalty for neglect.

New-York.

$ 12. It shall be the duty of the clerk to designate upon every account upon which any sum shall be audited and allowed by the board, the amount so audited and allowed, and the charges for which the same was allowed; and he shall also deliver to any person who may demand it, a certified copy of any account on file in his office, on receiving from such person six cents for every folio of one hundred and twenty-eight words contained in such copy.11

$ 13. It shall be the duty of the several boards of supervisors, as often as shall be necessary, to cause the court-house and jail of their respective counties, to be duly repaired, at the expense of such counties; but the sums expended in such repairs shall not exceed five hundred dollars in any one year. 12

$ 14. They shall also cause to be prepared within the jails of their respective counties, or elsewhere, at the expense of such counties, so many solitary cells for the reception of convicts who may be sentenc ed to punishment therein, as the court of common pleas of the county may direct. 12

$ 15. Each member of the board of supervisors shall be allowed a compensation, for his services and expenses in attending the meetings of the board, at the rate of two dollars per day.12

S 16. If any supervisor shall refuse or neglect to perform any of the duties which are or shall be required of him by law, as a member of the board of supervisors, he shall, for every such offence, forfeit the sum of two hundred and fifty dollars. 12

$ 17. The mayor, recorder and aldermen of the city of New-York, shall be the supervisors of the city and county of New-York; and all the provisions of this Article shall be construed to extend to them respectively, except where special provisions inconsistent therewith, are or shall be made by law, in relation to the city and county of New-York. 13

ARTICLE SECOND.

Of the County Treasurer.

SEC. 18. County treasurers to give bonds.

19. Bond to be filed in county clerk's office.

20. County treasurer to receive and pay out monies of county.

21. To keep account of receipts and expenditures.

22. To transmit annually to comptroller, an account of monies received for penalties

belonging to the state, and to pay same.

23. To exhibit his books and accounts to supervisors.

24. To deliver over books, &c. to successor; his executors, &c. to do the same. 25. Penalty for refusing to make such delivery.

26. To retain a commission of one per cent. upon monies received and paid by him. 27. When condition of his bond forfeited, supervisors to have it put in suit.

(11) Laws of 1826, p. 345, § 2. (12) 2 R. L. 140, § 9, 10. & 11. (13) 2 R. L. 399, § 150 Laws of 1823, p. 398, § 20.

SEC. 28. Monies recovered in such action to be applied to use of county; if they belong to the state, to be paid to the state treasurer.

29. Chamberlain of New-York, county treasurer of that county.

ART. 2.

S 18. Every person appointed to the office of county treasurer, Bond. within ten days after his appointment, and before he enters on the duties of his office, shall give a bond to the supervisors of the county, with two or more sufficient sureties, to be approved of by the board of supervisors, and in such sum as they shall direct, conditioned that such person shall faithfully execute the duties of his office, and shall pay according to law, all monies which shall come to his hands as treasurer, and render a just and true account thereof, to the board of supervisors, or to the comptroller of this state, when thereunto required.14

19. Such bond, with the approbation of the board of supervisors, Ib. endorsed thereon by their clerk, shall be filed in the office of the county clerk. 14

treasurer.

$20. It shall be the duty of the county treasurer, to receive all Duties of monies belonging to the county, from whatever source they may be derived; and all monies belonging to this state, which by law are directed to be paid to him; and to pay and apply such monies in the manner required by law.14

$ 21. The county treasurer shall keep a just and true account of Accounts. the receipts and expenditures of all monies which shall come to his hands, by virtue of his office, in a book or books to be kept for that purpose; which books shall be provided at the expense of the county. 15

comptroller.

$ 22. The county treasurer shall, on or before the first day of Ib. with March, in each year, transmit to the comptroller of this state, a statement of all monies received by him during the preceding year, for penalties, belonging to the people of this state; and it shall be his duty, at the same time, to pay to the treasurer of this state the amount of such penalties, after deducting his compensation, in the same manner as state taxes are directed to be paid.

visors.

$ 23. At the annual meeting of the board of supervisors, or at b. to super such other time as they shall direct, the county treasurer shall exhibit to them, all his books and accounts, and all vouchers relating to the same, to be audited and allowed. 15

be delivered,

paid to suc

S 24. Upon the death, resignation, or removal from office, of any Books, &c. to county treasurer, all the books and papers belonging to his office, and and monies all monies in his hands by virtue of his office, shall be delivered to his cessor. successor in office, upon the oath of the preceding county treasurer, or in case of his death, upon the oath of his executors or administra

tors.

16

VOL. I.

(14) 2 R. L. 139, § 5. (15) Ib. § 4. (16) Ib. § 6.

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