CHAPTER XXVI. OF COUNTIES AS BODIES CORPORATE. § 1209. General powers. § 1210. Limitation of such powers. § 1211. To act in name of Board of Supervisors. § 1212. Powers, how executed. § 1213. Discharge and substitution of attorneys. § 1214. May join in arbitration. § 1215. May compromise judgment in its favor. § 1216. Possess rights and remedies as individuals. § 1217. County lands on division of county. § 1218. Effect of division on personal property. § 1219. In relation to debts on division. § 1209. General powers. Each county, as a body corporate, has capacity : 1. To sue and be sued in the manner prescribed by law; 2. To purchase and hold lands within its own limits, and for the use of its inhabitants, subject to the power of the legislature over such limits ; 3. To make such contracts, and to purchase and hold such personal property, as may be necessary to the exercise of its corporate or administrative powers; and, 4. To make such orders for the disposition, regulation, or use of its corporate property, as may be deemed conducive to the interest of its inhabitants. 1 R. S. 364, §1 (2 R. S. [8th ed.] 1018). § 1210. Limitation on the powers. No county shall possess or exercise any corporate powers, except such as are enumerated in this chapter; or shall be specially given by law; or shall be necessary to the exercise of the powers so enumerated or given. Ibid., § 2. 1211. Counties act in the name of its Board of Supervisors. All acts and proceedings by or against a county in its corporate capacity, shall be in the name of the Board of Supervisors of such county, but every conveyance of lands within the limits of such county, made in any manner, for the use or benefit of its inhabitants, shall have the same effect as if made to the Board of Supervisors. Ibid., $ 3. §1212. Powers, how executed. The powers of a county as a body politic, can only be exercised by the Board of Supervisors thereof, or in pursuance of a resolution by them adopted. Ibid., § 4. § 1213. Discharge and substitution of attorneys. Where a Board of Supervisors, by their vote, discharge a firm of attorneys who have been acting in their employ (so far as their vote can discharge them) merely because the Supervisors choose to do so, with a view to substitute another attorney for the Board, they must pay the firm of attorneys their reasonable claims which may be ascertained by a reference. And the attorneys are not bound to consent to a substitution or to a delivery of the papers upon which they have a lien, until the amount of their just demands is ascertained by the court or a referee, and paid to them. Supervisors of Ulster Co. v. Brodhead, 44 How. Pr. 411. § 1214. Municipal corporations may join in a submission to arbitration. Where there is a capacity to contract, with a liability to pay, there is generally a power to arbitrate and the fact that one of the parties is a corporation makes no difference. Corporations have all the powers of ordinary parties, as respects their contracts. A submission to arbitration may be made by a corporation, by a resolution or ordinance adopted at a meeting. It need not be under seal. Brady v. Mayor, etc., of Brooklyn, 1 Barb. 584; People v. Supervisors of Oneida Co., 24 Hun, 418. § 1215. May compromise judgments. County Supervisors may compromise and settle a judgment recovered by them for the county, pending an appeal therefrom. The power is incident to the power to sue, and also arises from their authority "to make such orders concerning the corporate property as they may deem expedient." Supervisors of Orleans Co. v. Bowen, 4 Lans. 24. § 1216. Possesses same rights and remedies as individuals, etc. A municipal corporation, in protecting its property, in collecting its debts and generally in transacting business of a private character, may, when not expressly prohibited, or when not otherwise provided by statute, avail itself of all the rights and remedies afforded to an individual. City of Buffalo v. Bettinger, 76 N. Y. 393. § 1217. County lands on division of county. When a county seized of lands shall be divided into two or more counties, or shall be altered in its limits, by the annexing of a part of its territory to another county or counties, such county shall become seized to its own use, of such part of said lands as shall be included within its limits, as settled by such division or alteration. 1 R. S. 365, § 5 (2 R. S. [8th ed.] 1019). § 1218. Effect of division on personal property. When a county possessed of, or entitled to, money, rights and credits, 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. Ibid., § 6. § 1219. In relation to debts. Debts owing to 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. lbid., §7. CHAPTER XXVII. OF JUDICIAL PROCEEDINGS BY AND AGAINST TOWNS AND TOWN OFFICERS. * § 1220. Towns may sue or be sued. § 1221. Powers of towns at annual town meetings. § 1222. Suits must be in name of town. § 1223. When action will lie by town. § 1224. Town not liable for acts of its officers. § 1225. Action will not lie against a town. § 1226. Officer authorized must sue in name of town. § 1227. Process to be served on Supervisor. § 1228. Supervisor may employ counsel. § 1229. Action against towns, how conducted. § 1230. Inhabitants are competent witnesses, except. § 1231. Actions by towns brought before Justice. § 1232. Actions for penalties for trespass on town lands. § 1233. When court may order partition. LIABILITY OF TOWNS FOR DEFECTIVE HIGHWAYS, ETC. § 1234. Towns liable in cases where Commissioners of Highways were. § 1235. Duty of Commissioners of Highways. § 1236. Liability of Commissioners of Highways. § 1237. Judgment a charge upon the town. § 1238. When town may sue Commissioners. § 1239. Judgments against Commissioners, when to be audited. § 1240. Commissioners may still be indicted. * § 1241. Action against Supervisor for not accounting. § 1245. Officer, how designated in summons. § 1246. Successor in office may be substituted. § 1247. Costs recoverable, judgments a town charge. § 1248. Judgments for neglect of officer, not a town charge. § 1249. Judgments that are a town charge. § 1250. Judgments to be laid before Supervisors. 1251. When execution against officer not to issue. § 1252. When town liable for costs. § 1253. When Supervisor not liable for costs. § 1254. Judgments to be collected like other taxes. § 1256. Such sum is additional to tax. § 1257. Supervisor or Overseer to pay judgments. § 1258. When Supervisor to pay. § 1220. Town may sue or be sued. Each town, as a body corporate, has capacity to sue and to be sued, in the manner prescribed in the laws of this state. 1 R. S. 337, § 1 (1 R. S. [8th ed.] 877). § 1221. Powers of towns at annual town meetings. The Electors of each town shall have power at their annual town meeting: 4. To direct the institution or defence of suits at law or in equity, in all controversies between such town and corporations, individuals, or other towns. 1 R. S. 340, § 5 (1 R. S. [8th ed.] 878). Bodies created by the legislature have an incidental capacity to sue and be sued, independently of any express power; and, for such purpose, are to be regarded as corporations sub modo. Clarissy v. Metropolitan Fire Department. 1 Sweny, 224, S. C., 7 Abb. Pr. N. S. 352 § 1222. Suits must be in name of town. In all such suits and proceedings the town shall sue or be sued by its name, except where town officers shall be authorized by law to sue in their name of office, for the benefit of the town. 1 R. S. 357, § 2 (1 R. S. [8th ed,] 912). All acts or proceedings by or against a town, in its corporate capacity, shall be in the name of such town. 1 R. S. 337, § 3 (1 R. S. [8th ed.] 878). An action will lie by the town against the holders of bonds illegally issued by its officers for a cancellation thereof and it is not a defense to such action that the defendants have separate and not joint interests. Town of Venice v. Bread, 65 Barb. 597. § 1223. When action will lie. An action will lie in the name of the town against a Supervisor for omitting in his accounting to render an account of town moneys and securities in his hands and converting the same to his own use. Such an action will |