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a description of the premises to be searched) for said records, books and papers, viz.: (here give description as stated in the above order), and seize and bring them before the undersigned.

In witness whereof, I have hereunto set my hand and seal, at my chambers in the city of Buffalo, New York, this day of April, 1877.

G. W. C. [L. S.],

County Judge of Erie County.

In case the records, etc., are brought before the judge under the search warrant he may order them delivered to petitioner, and in case the defendant should be in jail he should be discharged, as the object of the proceeding is to obtain possession of the records, etc., pertaining to the office and not to punish the defendant. For his refusal the law imposes the punishment by way of a penalty. See § 54, supra.

Or in case, after commitment, the officer committed shall cause the records, etc., to be delivered to his successor, he should be discharged.

CHAPTER III.

OF DUTIES PERFORMABLE BY SUPERVISOR

TOWN OFFICERS.

§ 65. To take bonds from town officers. § 66. From collector.

§ 67. Collector's bond.

§ 68. Collector's bond, filing of.

§ 69. Constable's bond, its form.

$70. Constable's bond, actions on.

INDIVIDUALLY-BONDS OF

§ 71. Failure of Collector or Constable to give bond, effect of.

§ 72. Justices of the Peace, bond of.

$73. Commissioners of Highways, bonds of.

$74. Excise Commissioners, bonds of.

$75. Overseers of the Poor, bonds of.
§ 76. Railroad Commissioner, bonds of.

$65. To take bonds from town officers.

He

The statutes require various town officers to execute and file with the Supervisor of the town, official bonds conditioned for the faithful discharge of their respective duties. The requirement of the statute, that these bonds be filed with the Supervisor, devolves the corresponding duty upon him, to see to the correctness in manner and form, as well as to the execution, of such bonds, and also, as to the sufficiency of the sureties therein. may reject any bond not deemed by him sufficient, either in matters of form or execution, as well as for insufficiency of the sureties. He should be very vigilant in taking such bonds, so that the town may not sustain loss by means of his inattention to duty in that regard. When he approves a bond he should endorse his approval upon it, and file it as provided by law.

The officers enumerated in the succeeding sections are required to give official bonds to the Supervisor.

§ 66. Town Collector.

Every person chosen or appointed to the office of Col

lector, before he enters on the duties of his office, and within eight days after he receives notice of the amount of the taxes to be collected by him, shall execute to the Supervisor of the town, and lodge with him, a bond, with one or more sureties, to be approved of by such Supervisor, in double the amount of such taxes, conditioned for the faithful execution of his duties as such Collector. 1 R. S. (8th ed.) 890, § 19.

§ 67. Collector's bond.

Know all men by these presents, that we, Benjamin Felton, as principal, and Garwood L. Judd and Edwin Evans, as sureties, all of the town of Wheatfield, in the County of Niagara, and State of New York, are held and firmly bound unto Lewis S. Payne, as Supervisor of said town of Wheatfield, in the penal sum of

dollars, to be paid to the said Lewis S. Payne, as such Supervisor, or to his successor in office, or assigns, for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, jointly and severally, firmly by these presents. Sealed with our seals and dated this day of March,

A. D., 1888.

Whereas, the above bounden, Benjamin Felton, was on the day of March, A. D. 1888, duly elected (or appointed) Collector of the Town of Wheatfield, in the County of Niagara :

Now, therefore, the condition of this obligation is such that if the said Benjamin Felton shall well and faithfully execute his duties as such Collector, pay over all moneys received by him, and account in the manner and within the time provided by law, for all taxes upon the assessment roll of said town, delivered to him for the ensuing year, then this obligation shall be void; otherwise, to be and remain in full force and effect.

BENJAMIN FELTON [L. S.],
G. L. JUDD [L. S.],

E. EVANS [L. S.].

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On this day of December, A. D. 1888, before me, the undersigned, personally appeared Benjamin Felton, Garwood L. Judd and Edwin Evans, to me personally known to be the same persons described in, and who executed the foregoing instrument, and severally acknowledged that they executed the same.

O. L. M.,

Justice of the Peace.

STATE OF NEW YORK,
County of Niagara.

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SS.

Garwood L. Judd and Edwin Evans, the sureties mentioned in the foregoing instrument, being severally duly sworn, each for himself says, that he is a resident and a freeholder (or householder) within this state, and worth

dollars (the amount mentioned in the penalty of the bond when there are two sureties, and double the amount of the bond when there is only one surety,) over and above all of his debts and liabilities which he owes or has incurred, and exclusive of property exempt by law from levy and sale under execution.

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I hereby approve of the foregoing (or within) bond as to its form and manner of execution and of the sufficiency of the surety (or sureties, as the case may be) therein.

Dated Wheatfield, December

1888.

LEWIS S. PAYNE, Supervisor of Town of Wheatfield.

Collector must take and file oath of office. A Town Collector-elect, in order to qualify for the office, is

required by the Constitution, art. XII., to take and subscribe the oath of office there prescribed; and until he has thus qualified the incumbent of the office is entitled to hold over. 1 R. S. (8th ed.) 892, § 30; People v. McKinney, 52 N. Y. 374.

Failure to take oath or to file bond a refusal to serve. If any person chosen or appointed to the office of Collector or Constable shall not give such security and take such oath of office as is above required, within the time limited for that purpose, such neglect shall be deemed a refusal to serve. 1 R. S. (8th ed.) 891, § 24.

Oath of office, when to be taken. As no time is prescribed within which such oath of office is required to be taken it is sufficient if taken at any time before the office is forfeited by reason of the neglect of the person elected to execute the required bond, and entitles him to the office. People v. McKinney, 52 N. Y. 374.

Collector entitled to actual notice to file bond. The Collector-elect is not bound to take notice of the proceedings of the Board of Supervisors in fixing the amount of the tax but he is entitled to actual notice either from the Board of Supervisors or from the Supervisor of his town of the amount of the tax before he can be put in default for not giving the bond. People v. McKinney, 52 N. Y. 374.

§ 68. Filing such bond.

The Supervisor shall, within six days thereafter, file such bond with his approbation thereon, in the office of the County Clerk, who shall make an entry thereof in a book to be provided for the purpose, etc. 1 R. S. (8th ed.) 890, part § 20. `

Liability of sureties on such bond. In an action on such bond it is not a defense in behalf of the sure. ties that the moneys collected were stolen without

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