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lation to plank road and turnpike road companies passed November 24, 1847, to grant and allow to said company, and hereby grant and allow to said company the right to take and use any part of any public highway in said town necessary for the construction of their road according to the provisions of the law in such case made and provided E. F., Supervisor.

G. H.,

I. J.,

Commissioners.

Of Courts. Act of 1849, p. 619.

§ 28. The Supervisors of the several counties shall provide the Courts to be held therein with rooms, attendants, fuel, lights and stationery, suitable and sufficient for the transaction of their business. If the Supervisors neglect, the Court may order the Sheriff to do so; and the expense incurred by him in carrying the order into effect, when certified by the Court, shall be a County Charge.

Fees of Judicial Officers' Act. See Act of 1849,

p. 135.

§ 1. The ninth section of the act passed March 12, 1847, entitled an act to provide for the payment of certain expenses of the goverument, and to fix the salaries of certain judicial and other officers, and for other purposes, is hereby amended so as to read as follows:

§ 9. Such county officers shall in no case perform any official services unless upon pre-payment of the fees and perquisites imposed by law upon any person for services rendered by such officer in his official capacity, and upon such payment, it shall be the duty of any officer to perform the services so required. They shall also pay over all sums so received by them for such fees and perquisites, after deducting their salaries, to the treasurers of the respective counties, on the first Monday of May and November of each year. Also to render an account, giving each item of fees received, by their affidavit to the board of Supervisors, at their annual meeting of each year.

Surety of Col

lector or receiver.

§ 5. The tenth section of the said act is hereby repealed.

Militia. Collector's Bond. See Act of May 13, and as Amended December 15, 1847, to Provide for the Enrolment of the Militia.

§ 84. Every collector or receiver of any town, ward or city in addition to the surety he is now required by law to give for all monies received by him, shall before he enters upon the duties of his office, give a bond with sureties in a sufficient sum, to be approved of by the Supervisor of any town, ward or city, of which he shall be a resident, for a faithful payment of all monies received by him in pursuance of this act, into the treasury of the county or city in which he shall reside.

It seems by the preceding sections of said act, that the commanding officer of the Company District in which such collector shall reside, has to furnish him with a list of the persons liable to do military duty and which have been enroled by him on or before the fifteenth day of July in each year, and the 84th section of the aforesaid act requires a bond to be executed before he commences the collection. It would therefore be best to make out and execute such bond before the 15th day of July in each year, and if such list is delivered to him before the last mentioned time, then to execute such bond as soon as such list is delivered, after the following form:

Bond of the Collector. Commutation Monies.

Know all men by these presents, that we, Alexander Babcock and Augustus Hard, of the town of Pittsford in the county of Monroe, are held and bound unto the Colonel of the 53d Regiment in the penal sum of three hundred dollars to be paid to the said Colonel, his successor or successors in office; for which payment well and truly to be made, we jointly and severally do bind

COMMISSIONER OF LOANS, AND SUPERVISORS.

ourselves, our heirs, executors and administrators, firmly by these presents. As witness, our hands and seals, this 15th day of July, 1849.

The condition of the above obligation is such that if the above bounden Alexander Babcock, who is collector of said town, shall faithfully pay all monies received by him in pursuance of an act entitled "An act to provide for the enrolment of the militia and encourage the formation of Uniform Companies excepting the first military division of this State, passed May 13, 1847, as amended by the act passed December 15, 1847" unto the treasurer of the county of Monroe, then the above obligation to be void, otherwise to remain in full force and virtue.

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Commissioner of Loans and Supervisor. Act of 1838, and General Statutes, p. 284.

§ 1. No person holding the office of Commissioner for loaning the monies belonging to the United States deposited with the State of New-York for safe keeping under the act passed April 4, 1837, shall be eligible to the office of Supervisor in any town or ward of this State.

§2. No Supervisor of any town or ward shall be eligible to the office of Commissioner under the act aforesaid.

51

case suits

Commissioner of Schools. General Statutes, 384.

§16. No commissioner of common schools or supervi sor of a town shall be eligible to the office of Trustee of a school district, and no person chosen a Trustee, can hold the office of District Clerk or Collector.

Superintendent of the Poor. General Statutes, 439.

§ 1. No Supervisor of any town, or County Treasurer, shall be appointed to hold the office of Superintendent of the Poor in any county in this State.

An Act in Relation to Suits against District School
Officers, Passed May 1, 1847, p. 163.

Provisions in § 1. Whenever a suit shall have been commenced, commenced. Or shall hereafter be commenced against any of the officers of a school district for any act performed by virtue of, or under color of their office, and such suit shall have been finally determined, it shall be the duty of the Trustees to ascertain in the manner hereinafter described, the actual amount of all the costs, charges and expenses paid by such officer. to cause the same to be assessed upon and collected of the taxable inhabitants of said district in the same manner as other taxes of said district are by law assessed and collected, and when so collected, to pay the same over to the officer by virtue of this act entitled to receive the same, but this provision shall not extend to suits for penalties, nor suits or proceedings to enforce the decisions of the Superintendent. This section, amended by act of 1849, p. 545, to the effect that the district must vote the money before it can be raised.

Persons paying costs to present an account under oath

§ 2. Whenever any person mentioned in the first section of this act shall have paid any costs, charges or expenses as mentioned in said first section, he shall make out an account of such charges, costs and expenses so paid by him, giving the items thereof, and verify the same by his oath or affirmation; he shall serve a copy of such account so sworn to, upon the Trustees of the district against which such claim shall be made, together with a notice in writing, that on a certain day therein specified, he will present such account to the

board of Supervisors of the county in which such school district shall be situated, for settlement at some legal meeting of such board; and it shall be the duty of the officer upon whom such copy, account and notice shall be served, to attend at the time and place in such notice specified, to protect the rights and interests of such district upon such settlement.

pervisors.

§ 3. Upon the appearance of the parties, or upon Payme to be due proof of service of the notice and copy of account made by Sumentioned in the second section of this act, if the said board shall be of opinion that such account or any portion thereof ought justly to be paid to the claimant, such board may, by an order to be made by a majority of all the members elected to the same and to be entered in its minutes, require such account, or such part thereof as such board shall be of opinion ought justly to be paid to the claimant by such district, to be so paid, which shall appear to the said board to have arisen from the wilful neglect or misconduct of the claimThe account, with the oath of the party claiming the same, shall be prima facia evidence of the correctness thereof. The board may adjourn the hearing from time to time as justice shall seem to require.

ant.

entered on

Records.

§ 4. It shall be the duty of the trustees of any school Copy to be disrict, within thirty days after the service of a copy the District of such order upon them, to cause the same to be entered at length in the book of records of said district, and to issue to the collector of said district a warrant for the collection of the amount so directed to be paid, in the same manner and with the like force and effect as upon a tax voted by said district.

§ 5. This act shall take effect immediately.

When the account is properly before the board of Supervisors, it would be advisable to appoint a committee of three to take the evidence in the case, and to report the same to the board, if the board be of opinion that it ought to be paid, it may adopt and enter in its minutes the following order:

Resolved, That in the opinion of the Board, the account of John Doe, Collector of School District No. 6 in the town of Pittsford, for damages, costs, and ex

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