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ings, 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.

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

Id., page 1021, sections 10, 50 of Revision.

§ 9. Each board of supervisors shall, as often as may be necessary, 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 proceedings of the board:

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 submitted to the board, if required by any member present: And,

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

§ 10. The clerk shall receive a reasonable compensation for his services, to be fixed by the board of supervisors, and to be paid by the county.

§ 11. The books, records and accounts of the board of supervisors, shall be deposited with their clerk, and shall be open without reward, to the examination of all persons.

§ 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.

Id., page 1021, sections 12 of Revision.

§ 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.

§ 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 sentenced to punishment therein, as the court of common pleas of the county may direct.

Id., page 1021, section 23 of Revision.

§ 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.

Id., page 1021, section 11 of Revision.

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.

§ 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.

(LAWS 1838, CHAPTER 314, PAGE 1022.)

Sections 12, 61 of Revision.

AN ACT to enlarge the powers of boards of supervisors.

Power to raise money.— SECTION 1. The board of supervisors of each county in this state shall in addition to the powers now conferred on them by law, have power at their annual meeting, or when lawfully convened at any other meeting,

For bridges.-1. To cause to be levied, collected and paid, to the treasurer of the county, such sum of money as may be necessary to construct and repair bridges therein; and to prescribe upon what plan and in what manner the moneys so to be raised shall be expended.

Apportionment of tax.-2. To apportion the tax so to be raised, among the several towns and wards of their county, as shall seem to them to be equitable and just.

For court-house and jail.-3. To cause to be levied, collected and paid, all such sums of money as they shall deem necessary for rebuilding or repairing the court-house or jail of their county; or for building, rebuilding or repairing the clerk's office of the county, and to prescribe upon what plan and in what manner the moneys so raised shall be expended.

To appoint special commissioners of highways.-4. To appoint special commissioners to lay out public highways in those cases where they shall be satisfied that the road applied for is important, and that the authority now conferred by law upon commissioners of high

ways can not or will not be exercised to accomplish the laying out of such road.

Money for roads and bridges.-5. To cause to be levied, collected and paid, in the manner now provided by law, such sum of money, in addition to the sum now allowed by law, not exceeding five hundred dollars in any one year, as a majority of the qualified voters of any town may at any legal town meeting have voted to be raised upon their town, for constructing or repairing roads and bridges in such town.

Notice to be put up.-§ 2. No moneys shall be raised under the authority conferred by the fifth subdivision of the preceding section, unless a written notice of the application to such town meeting to raise such amount shall be posted on the door of the house where the town meeting is to be held, and also at three public places in such town for two weeks before the town meeting, and be also openly read to the electors present, immediately after the opening of the meeting.

Notice to be published.-§ 3. All persons intending to apply to any board of supervisors for the imposing any tax pursuant to the first section of this act, except in cases under the fifth subdivision of that section, shall cause a notice of such application to be published once in each week for four successive weeks immediately preceding the meeting of the board of supervisors at which such application shall be made, in a newspaper printed in such county; but if no newspaper be printed in the county, then such notice shall be published in like manner, in some public newspaper printed nearest thereto.

Special commissioners to be paid. § 4. The supervisors shall have power to provide for the payment to the special commissioners to be appointed under the fourth subdivision of the first section of this act, for their time and expenses. The decisions made by said commissioners may be appealed from, and reviewed in the same manner and with the like authority as is allowed by law in the cases of roads laid out by the commissioners of highways of any town. The roads so to be laid out by such special commissioners, or the same as settled on appeal, shall be recorded, opened and worked as public highways of the towns in which they are respectively situated, in the same manner as other highways of the town are now required by law to be recorded, opening and worked.

Special meetings of board. § 5. Special meetings of the boards of supervisors of any county may be called by the clerk of the board at any time, on the written request of a majority of the supervisors of the county.

(LAWS 1839, CHAPTER 369, PAGE 1023.)
Section 25 of Revision.

AN ACT relative to boards of supervisors, and to the town of Vernon in the county of Oneida.

Names of claimants to be published. SECTION 1. It shall be the duty of the board of supervisors in each county in this state, annually to publish in one or more public newspapers in such county, the name of every individual who shall have had any account audited and allowed by said board, and the amount of said claim as allowed together with the amount claimed, and also their proceedings upon the equalization of the assessment-roll.

(LAWS 1848, CHAPTER 164, PAGE 1023.)

Sections 12, 61 of Revision.

AN ACT to amend an act entitled "An act to enlarge the powers of boards of supervisors," passed May 18, 1838.

Provision as to opening public highways. SECTION 1. The power given to boards of supervisors by subdivision four, of section one, of the act entitled "An act to enlarge the powers of boards of supervisors," passed April 18, 1838, to appoint special commissioners to lay out public highways, shall not be exercised by any board of supervisors, unless the applicant therefor shall prove to such board of supervisors the service of a notice in writing, on a commissioner of highways of each town through and into which any such highway is intended to be laid, at least six days previous to presenting such application, specifying therein the object thereof, and names and persons proposed to be appointed such commissioners.

(LAWS 1849, CHAPTER 194, PAGE 1023.)

Section 34 of Revision.

AN ACT to vest in the board of supervisors, certain legislative powers, and to prescribe their fees for certain services.

Power of the board to alter the bounds and to erect new town; copy of map and certificate to be filed. SECTION 1. The board of supervisors of the several counties in this state, the county of New York excepted, at their annual meeting, shall have power within their respective counties, by a vote of two-thirds of all the members elected, to divide or alter in its bounds, any town, or erect a new town, but they shall not make alterations that shall place parts of the same town in more than one assembly district, nor where it is proposed to divide towns

into two or more towns, unless upon application to the board as hereinafter provided, of at least twelve freeholders of each of the towns to be affected by the division, and upon being furnished with a map and survey of the town to be affected, showing the proposed alterations, and if the application be granted, a copy of said map, with a certified statement of the action of said board thereunto annexed, shall be filed in the office of secretary of state, and it shall be the duty of the secretary to cause the same to be printed with the laws of the next legislature after such division takes place, and cause the same to be published in the same manner as other laws are published.

(R. S., PAGE 1024.) Section 35 of Revision.

Name of new town to be designated and first meeting appointed.-§ 3. Whenever the board of supervisors shall erect a new town in any county, they shall designate the name thereof, the time and place of holding the first annual town meeting therein, and three electors of such town whose duty it shall be to preside at such meeting, appoint a clerk, open and keep the polls, and exercise the same powers as justices of the peace when presiding at town meetings, and in case any of the said electors shall refuse or neglect to serve, the electors of the said town present at such meeting, shall have power to substitute some elector of said town, for each one so refusing or neglecting to serve. Notice of the time and place of such town meeting signed by the chairman or clerk of the board of supervisors shall be posted in four of the most public places in said town, by the persons so designated to preside at such town meeting, at least fourteen days before holding the same. They shall also fix the place for holding the first town meeting in the town or towns from which such new town shall be taken. But nothing in this act shall affect the rights or abridge the term of office of any justice of the peace or other town officer in any such town, whose term of office has not expired.

(LAWS 1849, CHAPTER 194, PAGE 1024.)

Section 35 of Revision.

Powers of board.- § 4. The said boards of supervisors shall have power, and they are hereby authorized:

Lands may be bought to erect poor-houses on.-1. At any meeting thereof lawfully assembled, to purchase for the use of said county any real estate, necessary for the erection of buildings, and for the support of the poor of such county.

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