duties of a similar nature and character, by a subsequent act of the Legislature. People v. Vilas, 36 N. Y. 459; Board of Supervisors of Monroe v. Clark, 92 N. Y. 391; Mayor, etc., of New York v. Kelly, 98 N. Y. 467; Mayor, etc., of New York v. Sibberns, 3 Abb. Ct. Ap. Dec. 266.

Especially where the acts for which it is sought to hold the surety were not done in pursuance of such new authority. Mayor, etc., of New York v. Sibberns, 3 Abb. Ct. Ap. Dec. 266.

Conceding that no liability is imposed upon such sureties on account of such increased duties, their obligations having reference to the usual and ordinary duties of the treasurer, remain unaffected. Board of Supervisors of Monroe v. Clark, 92 N. Y. 391; Gaussen v. United States, 97 U. S. 584.

The sureties to the bond of a Supervisor, conditioned that he will account for all moneys belonging to the town coming into his hands as such Supervisor, are only liable for moneys which their principal is authorized and bound by law to receive, in his official capacity, as disbursing agent of the town, and not for that of which he becomes the voluntary custodian, or which is ordered by the Board of Supervisors without authority of law, to be paid to him. People v. Pennock, 60 N. Y. 421.

Upon the death of one joint obligor in an obligation which is joint, and not several, and which he executed simply as surety, his estate is absolutely discharged from all liability, both in law and equity. Risley v. Brown, 67 N. Y. 160; Getty v. Binsse, 49 N. Y. 385; Wood v. Fisk, 63 N. Y. 245; Richardson v. Draper, 87 N. Y. 338 ; Davis v. Van Buren, 72 N. Y. 587; Hauck v. Craighead, 67 N. Y. 432.

And this is so, where the surety died after recovery of a joint judgment against all the obligors. Risley v. Brown, 67 N. Y. 160; United States v. Price, 9 How. (U. S.) 83.

The principle established by these decisions seems to have been changed by § 758 of the Code of Civil Procedure, which provides that the estate of one joint obligor is not

discharged by his death even where he was a mere surety; but that section does not apply to obligations entered into before it was enacted. Randall v. Sackett, 77 N.

Y. 480.

But the exemption of the estate of a deceased surety in a joint obligation did not prevent a co-surety from compelling contribution, where he was compelled to pay. Johnson v. Harvey, 84 N. Y. 363.

A surety in an official bond of an officer whose term of office is one year, is not liable for defaults occurring beyond the first year, so as to include a new term by appointment or election. Hassel v. Long, 2 Maule & Selwyn, 371; Kingston Mutual Ins. Co. v. Clark, 33 Barb. 196; Overacre v. Garrett, 5 Lans. 156; Peppin v. Cooper, 2 Barn. & A. 431.

But, as a Supervisor holds his office for the term of one year, and until his successor is elected and qualifies, the sureties in his official bond will continue liable until the election and qualification of his successor.

A surety is not liable beyond the penalty mentioned in the bond. Fairlie v. Lawson, 5 Cow. 424; Clark v. Bush, 3 Cow. 151; Dickerson v. Cook, 3 Duer, 324.

The liability of a surety is always strictissimi juris, and may not be extended by construction beyond his specific engagement. National Mechanics' Banking Association v. Conkling, 90 N. Y. 116; People v. Pennock, 60 N. Y. 426.

CHAPTER II.

OF DUTIES PERFORMABLE BY SUPERVISOR INDIVIDUALLY. PROCURING BOOKS AND PAPERS FROM PREDECESSOR.

50. Powers and duties generally.

$51. Powers and duties classified.

§ 52. Demand of records, etc., of predecessor.

§ 53. Demand when complied with—receipt.

§ 54. When delivery of records, etc, is refused.

§ 55. Proceedings to compel delivery-nature of proceedings.

§ 56. Claimant's petition to County Judge.

§ 57. Order to show cause.

§ 58. Proceedings thereon-affidavit of delivery.

$59. When such affidavit not made.

60. Answer to petition.

§ 61. Hearing of parties.

§ 62. Order for delivery and for commitment.

§ 63. Service of order. Form of commitment. § 64. Search warrant.

§ 50. Powers and duties generally.

As we have seen, as soon as a Supervisor has taken and filed his oath of office he can enter upon the discharge of his duties.

But he cannot compel his predecessor to surrender the books and papers pertaining to the office, or to pay over to him the school moneys on hand, until he has given the security required by law and procured from the County Treasurer the certificate that his general bond has been filed, Laws 1864, chap. 555, title IV., § 6, ¶ 7, 2 R. S. (8th ed.) 1283, § 6, and has given the general bond required by Laws 1866, chap. 534, § 2, as amended by Laws 1868, chap. 721, 1 R. S. (8th ed.) 899.

Not being an officer at common law, his powers, duties and obligations are regulated by the statute, except where he is vested with a discretion by some statute. 1 R. S. (8th ed.) 1020, § 4; People v. Lawrence, 6 Hill, 244.

When he exceeds his authority, his actions are void, People v. Lawrence, 6 Hill, 244; and he will render himself personally liable as a trespasser, or for losses or damages sustained.

His only safe course to pursue is to acquaint himself with his duties, and confine himself to the discharge thereof, within the rules of law.

§ 51. Powers, duties and jurisdiction classified.

A Supervisor has power and jurisdiction and duties to perform,

1. As an officer of the town.

2. As a member of the Board of Supervisors, in the discharge of duties as a county officer.

3. As a member of the Board of County Canvassers when he acts neither as a town or county officer, but under special statutory authority.

As a town officer his powers are exercised, and his duties are performed:

1. By himself alone.

2. In connection with other officers of the town.

3. Miscellaneous duties, partly by himself and partly in connection with others.

We will now proceed to treat of his powers, duties and jurisdiction according to the foregoing classification.

HIS DUTIES AS A TOWN OFFICER.

1. Performed by himself individually.

$ 52. Supervisor to demand records, etc., of predecessor. Whenever the term of office of any Supervisor or Town Clerk shall expire, and another person shall be elected or appointed to such office, it shall be the duty of each succeeding Supervisor or Town Clerk, immediately after he shall have entered on the duties of his office, to demand of his predecessor all the records, books and papers under his control, belonging to such office. 1R. S. (8th ed.) 914, $5; ibid. 408, § 50.

Whenever either of the officers above named shall resign and another person shall be elected or appointed in

his stead, the person so elected or appointed shall make such demand of the person so resigning. 1 R. S. (8th ed.) 914, § 6.

Retiring officer to deliver books, etc. It shall be the duty of every person so going out of office, whenever thereunto required, pursuant to the foregoing provisions, to deliver upon oath all the records, books and papers in his possession, or under his control, belonging to the office held by him; which oath may be administered by the officer to whom such delivery shall be made. 1 R. S. (8th ed.) 914, part § 7; ibid. 408, § 50.

Retiring officer to pay moneys on hand. It shall also be the duty of every Supervisor, Commissioner of Highways, or of Common Schools, and of every Overseer of the Poor, so going out of office, at the same time to pay over to such successor the balance of moneys remaining in his hands, as ascertained by the Auditors of Town Accounts. 1 R. S. (8th ed.) 914, part of § 7.

In case of death of officer demand to be made of executor, etc. Upon the death of any of the officers above enumerated, the successors or successor of such officer shall make such demand as above provided, of the executors or administrators of such deceased officer, and it shall be the duty of such executors or administrators to deliver upon the like oath, all records, books and papers in their possession, or under their control, belonging to the office held by their testator or intestate. 1 R. S. (8th ed.) 914, § 8.

A public officer refusing to deliver books and papers on proper demand shall be deemed guilty of a misdemeanor. 1 R. S. (8th ed.) 408, § 50; Penal Code, § 57.

§ 53. On delivery of records, etc.

While there is no statutory provision regulating the same, it is customary, when such demand is complied with in either of the cases above specified, for the officer or person complying with such demand to require, and the officer receiving the records, books, papers, moneys, etc., to give, a receipt therefor. Such receipt may