§ 145. To Appoint Firemen.-The supervisor and justices of the peace, for the time being, of any town of this State, may appoint in writing any number of the inhabitants of the said town, not exceeding forty to each fire engine, which may be procured for the extinguishment of fires in said town; the persons so appointed shall be firemen of the said town, but no such company shall be formed pursuant to this act in any incorporated city or village; and all such firemen, and all the members of any fire company, or of any hook and ladder company, appointed pursuant to any law of this State, shall, while they are such firemen or members, be exempt from serving on juries in courts of record, and except in cases of war, insurrection or invasion, from militia duty.

Laws of 1832, chap. 222, as amended 1845, chap. 244; 1 R. S. 851, §1. See subd. 34, § 1, chap. 482, Laws 1875, post.

All vacancies in such company are filled by the supervisor and justices.

Id., § 4.

The form of an order so appointing may be adapted from the preceding one. For villages with special charters, see chap. 244, Laws 1887; chap. 342, Laws 1883, and chap. 315, Laws 1887, for unincorporated villages.

§ 146. To Appoint Collector.- If any person chosen or appointed to the office of collector of any town or ward in this State shall refuse to serve, or shall die, resign or remove out of the town or ward, before he shall have entered upon or completed the duties of his office, or shall be disabled from completing the same, by reason of sickness or any other cause, the supervisor and any two justices of such town or ward shall forthwith appoint a collector for the remainder of the year, who shall give the like security, and be subject to the like duties and penalties, and have the same powers and compensation as the collector in whose place he was appointed; and the supervisor shall forthwith give notice of such appointment to the county treasurer. But such appointment shall not exonerate the former collector, or his sureties, from any liability incurred by him or them.

2 R. S. 1009, § 11.

For form of appointment see next subdivision.

If a warrant shall have been issued by the board of supervisors prior to such appointment, the original warrant, if the same can be obtained, shall be delivered to the collector so appointed, and shall be considered as giving him the same powers as if originally issued to him; but if such warrant cannot be obtained, the clerk of the

board of supervisors makes out a new one, which shall be directed to the collector so appointed.

Id., § 12.

Upon every such appointment the supervisor, if he think it necessary, may extend the time limited for the collection of taxes for not exceeding thirty days, of which extension he shall forthwith give notice to the county treasurer.

Id.

ORDER APPOINTING COLLECTOR.

WHEREAS, a vacancy has occurred in the office of collector of taxes of the town of Hoosick, by reason of the death (refusal to serve, or as the case may be) of G. H., heretofore elected to said office from said town,

Now, therefore, by virtue of the power vested in us by statute, in such case made and provided, we, the undersigned, supervisor and two justices of said town, do hereby, in order to fill the vacancy, appoint C. A. collector of said town, to hold said office until the next succeeding annual town meeting of said town, as provided by law.

In witness whereof we have hereto set our hands this 10th day of July, 1869. (Signatures.)

§ 147. Vacancies in Board of Excise.-Such vacancies are filled by appointment by the supervisor and justices of the peace, or a majority of them, until the next annual town meeting, at which meeting such vacancy is filled by election.

Chap. 444, Laws of 1874, §1; 3 R. S. 1990.

The preceding form may be adapted to such an appointment.

§ 148. Certain Towns and Cities Authorized to sell Railroad Stock.- The several towns, cities and villages in the counties of Chenango, Delaware, Madison, Ulster, Sullivan, Cortland, Orange, Cayuga and Oswego, the towns of Pittsfield and Edmeston in Otsego county, and the town of Vienna, Oneida county, were authorized to sell all or any part of the capital stock of the New York and Oswego Midland railroad now owned by either of them, and the several towns and villages in Chenango county, all of the Utica, Chenango and Susquehanna Valley railroad capital stock owned by them.

No sale was to be made by the railroad commissioners or the supervisor when there were no railroad commissioners, without the approval and consent in writing of a majority of the justices of the peace in all towns where the supervisor acted as such commissioner; in other towns, of the supervisor and a majority of the justices of the peace.

Chap. 21, Laws of 1880, amended by chap. 308, Laws of 1881.

State Bounty for Wolves and Panthers.- A State bounty of $30 for a grown wolf, $15 for a pup wolf, and $20

for a panther, shall be paid to any person or persons who shall kill any of said animals within the boundaries of this State. The person or persons obtaining said bounty shall prove the death of the animal so killed by him or them, by producing satisfactory affidavits, and the skull and skin of said animal, before the supervisor and one of the justices of the peace of the town within the boundaries of which the said animal was killed. Whereupon said supervisor and justice of the peace, in the presence of each other, shall burn and destroy the said skull, and brand the said skin so that it may be thereafter identified, and issue to the person or persons claiming and entitled to the same, an order on the treasurer of the county to which said town belongs, stating the kind of animal killed, the date of killing the same, and the amount of the bounty to be paid in virtue of the within section of this act, and the county treasurers of this State are hereby authorized and directed to pay all orders issued as aforesaid; and all orders issued in the manner aforesaid, and paid by the treasurer of any county in this State, shall be a charge of said county against the State, the amount of which charge, on delivery of proper vouchers, the comptroller is hereby authorized and directed to allow in the settlement of taxes due from said county to the State.

Chap. 534, Laws of 1879, § 31.

FIFTH. WITH JUSTICES OF THE PEACE AND TOWN CLERK.

$149. Duty as to Purchase and Building Town-house. The electors of any town of this State in which there shall not be a town-house, at any annual town meeting, or at a special town meeting called by the town clerk in the manner provided in sections 7 and 8 of article 1, title 2, chapter 11, part 1, Revised Statutes, may, by resolution, vote a sum of money for the purchase of a site for, and the building of, a town-house, or for the purpose of contributing to the erection of a building for the joint use of such town and of an incorporated village within its limits not exceeding in number of dollars four times the number of electors in such town; provided that a notice of such intention to propose such a resolution shall have been posted within fifteen days of and not less than ten days preceding said meeting, in five of the public places in said town.

Chap. 197, Laws of 1847, § 1; as amended by chap. 135, Laws of 1889.

Amount to be Raised by Tax.-Upon proper repre

sentation of the action of any town under the first section of this act, the board of supervisors of the county in which such town is situated, may cause the sum so voted, to be collected with the other expenses of said town; or may require the question to be again submitted to the electors of said town, at the next annual town meeting.

Id., § 2.

Erection and Control of Town-Houses.- Conveyances for sites shall be made to the towns; sites shall be purchased and houses erected by the supervisor, town clerk and the justices of the town, and the house shall be controlled by the supervisor and the justices of the peace, or a majority of them, and the electors from time to time, vote such sum of money as may be necessary to keep any town-house in repair and insured.

may,

Id., § 3, as amended by chap. 267, Laws of 1879.

Money to be Raised. The board of supervisors in any county may, in their discretion, cause any money or any portion thereof, voted by towns before the passage of this act, for building town-houses, to be raised in said towns for such purpose.

Id., § 4.

Qualification of Above Statute as to Incorporated Village, etc.-Section 3 of chapter 197 of the Laws of 1847, as amended by chapter 267 of the Laws of 1879, shall not apply where the building is to be erected within the limits of an incorporated village, and such town shall contribute but a part to the expense of erecting such building. But such contribution by such town shall be made upon such terms and conditions as to the use, management and control of the respective portions of such townhouse, for town and village purposes respectively to be agreed upon by and between the board of trustees of such village, and the town board of such town.

Chap. 456, Laws of 1884, § 2.

Board of Supervisors May Authorize — The board of supervisors have power to authorize any town, when application shall be made therefor by vote of a majority of the electors voting on the question at any annual or duly called special town. meeting, and any village when similar application shall be made by a vote of a majority of its tax-paying electors voting on the question at a duly called special meeting, to purchase a site for a town or village hall, and to purchase or erect a building for such hall, and

to raise money as may be necessary, from time to time, for the care, preservation and improvement of such hall.

Chap. 482, Laws of 1875, subd. 20, § 1.

*

Upon the application of certain tax payers of the town of New Utrecht, the board of supervisors ordered a special town meeting "to consider and decide the question of purchasing a site for a town hall.” At a meeting held in pursuance of this order, a resolution was adopted "tha' the question be determined by ballot of the votes of this town meeting, whether a site shall be purchased for a town hall, and a building purchased or erected for such hall, * ." Upon the return of an affirmative vote on this resolution to the board of supervisors, authority was given to the town to purchase the site and erect the hall and to borrow money for that purpose. Held, that the resolution adopted by the town meeting was a sufficient compliance with subd. 20, ante, and that the power conferred by this section is not restricted by chapter 197, Laws of 1847, and chapter 157, Laws of 1849, authorizing the erection of a town hall by said town and limiting the amount to be expended therefor.

Bergen v. Gubna, 10 Hun, 11.

A testator devised a lot to the town of Y. for the purpose of erecting thereon a town hall, on condition that the hall should be erected within three years after testator's death, and then the will provided as follows: "And I further give and bequeath to said town of Y. the sum of $300 toward the erection of such town hall upon the plot of ground above designated; provided, nevertheless, and this bequest and devise are upon condition that said town of Y. and people shall raise the sum of $1,500 and apply the same toward the erection and completion of such town hall on such lot within three years after my decease." Held, that a town has no authority to receive a bequest to be devoted, under certain conditions, to the erection of a town hall, and that the bequest was void as suspending the absolute ownership of personal property for more than two lives in being.

In re Underhill's Will, 3 N. Y. Supplement, 205.

A testator bequeathed "to the town of C., in its corporate capacity, $1,000 to be forever invested by the town board, or officers of said town having charge of the financial matters of said town, from time to time, and at all times hereafter on real estate worth at least double the amount loaned thereon, the interest to be regularly collected and applied annually, by the town officers of said town, toward the support of the poor who are supported by said town, the intention being that said interest shall annually form part of the poor fund of said town." Held, that the bequest was void as creating an unlawful suspension of the absolute ownership of personal property.

Iseman v. Myres, 26 Hun, 651.

The acquisition by a town of a fee in land for highway purposes by a voluntary grant is within the powers conferred by statute. A deed conveyed, for a valuable consideration expressed, a certain strip of land described therein, to a town and "its assignees forever," with covenants of warranty. Following the description was the following: "To be used as a highway, with all the privileges thereunto belonging, for such purpose only, with the appurtenances and all the estate, title and interest of said parties of the first part therein." Held, that the deed conveyed a fee of the land, not an easement merely; that the clause restricting the use operated at most as a condition subsequent, and until the contingency happened the whole title was in the grantee.

Vail v. L. I. R. R., 106 N. Y. 283.

But if such town-house is erected jointly by a village and the town, within the village limits, the care and management thereof is to be agreed upon by the board of trustees of the village, and the town board.

Chap. 456, Laws of 1884, § 3.

§ 150. Vacancy in Office of Justice of the Peace. Whnever a vacancy shall occur in the office of justice