fying other papers relied on, if any), and being satisfied by the oath of said petitioner and other testimony offered, that the records, books and papers mentioned in said petition are unlawfully withheld, on motion of W. A. Matteson, Esq., attorney for said petitioner, it is hereby Ordered, that said C. D. show cause before me at my chambers in the city of Utica, N. Y., on the 10th day of August, 1885, at ten o'clock in the forenoon of that day, why he should not be compelled to deliver the records, books and papers mentioned in said petition to said D. D. C., and why said D. D. C. should not have such other and further relief as may be just. Let a copy of this order and the papers on which the same is granted be served on said C. D. personally, on or before August 5, 1885. Dated August 1, 1885. W. B. SUTTON, ONEIDA COUNTY JUDGE. If, upon an inquiry before said officer, the person charged with withholding such books or papers shall make affidavit before such officer that he has truly delivered over to his successor all such books and papers in his custody or appertaining to his office, within his knowledge, all further proceedings before such officer shall cease, and the person complained of shall be discharged. If he does not make such oath, then the officer shall, by warrant, commit such person to the jail of the county, there to remain until he shall deliver such books and papers, or be otherwise discharged according to law. 1 R. S. 376. The following forms may be used therefor: § 33. Affidavit of Delivery. STATE OF NEW YORK, } COUNTY OF ONEIDA, 88.: C. D. of said county, being duly sworn, says, that he is the person mentioned and described in a certain petition and complaint made by one D. D. C. before the Hon. W. B. Sutton, county judge, on the 1st day of August, 1885, and that he has truly delivered over to said D. D. C. all the books, records and papers in his custody or appertaining to said office of supervisor of the town of Deerfield in said county, within his knowledge. Sworn, etc. C. D. This affidavit must be made before the officer before whom the proceedings are pending. McGrory v. Henderson, 43 Hun, 438. If such affidavit be made, the proceedings cease. If it is not made, and after investigation the judge is satisfied that the papers are un lawfully withheld, an order is usually made in the following form: $34. Order thereupon. (Title substantially as in the preceding form, § 31.) WHEREAS, on the 1st day of August, 1885, at my chambers in Utica, N. Y., complaint was made to the undersigned, county judge of Oneida county, by D. D. C., of which the following is a copy, to-wit (here insert the petition, or a summary of its contents); and, WHEREAS, being satisfied by the oath of said D. D. C. that the records, books and papers mentioned in said petition or complaint, dated August 1, 1885, were unlawfully withheld, and that said C. D. resides in Oneida county, I granted an order directing said C. D. to show cause before me, on August 10, 1885, at my chambers, why he should not be compelled to deliver said records, books and papers to said D. D. C., and for such other and further relief as may be just, and at the time and place so appointed, said D. D. C. and said C. D. appeared before me, and due proof having been made of the service of said order, petition and all papers accompanying the same, I proceeded to inquire into the circumstances, which inquiry was continued before me from day to day until this day, the matter having been regularly adjourned, and said C. D. not having made oath that he has truly delivered to said D. D. C. the said books, papers and records, and it appearing that said D. D. C. is the successor to said office of supervisor of the town of Deerfield, and that said records, books and papers are still unlawfully withheld, and that said C. D. still omits and refuses to deliver up the same (*), now after hearing W. A. Matteson, Esq., attorney for said D. D. C., in favor, and D. C. Stoddard, Esq., attorney for said C. D. in opposition thereto, it is hereby Ordered, that said C. D. forthwith deliver to said D. D. C. all the records, books and papers belonging or appertaining to the office of supervisor of said town of Deerfield, to-wit: (here enumerate and describe the several records, books and papers), which have come to the hands of, in possession of or under the control of said C. D., or in default thereof, that a warrant issue to the sheriff of the county of Oneida to commit said C. D. to the jail of said county, therein to remain until he deliver to said D. D. C. said records, books and papers, to-wit: (here enumerate as before) or be otherwise discharged according to law. And the same being required by said D. D. C., it is furtner Ordered, that on such default being made by said C. D., a search warrant issue to said sheriff or any constable of said county, commanding him to search, in the day-time, the house of said C. D. situated (insert a particular designation or description of said house, and of any other place to be searched), for said records, books and papers, to-wit: (here insert a particular description of the articles) so withheld, and seize and bring them before the undersigned. Dated August 15, 1885. W. B. SUTTON, ONEIDA COUNTY JUDGE. If default be made in obeying the order after service of a copy thereof on the person so withholding, a warrant and search warrant in the following form issue: $35. Warrant of Arrest. THE PEOPLE OF THE STATE OF NEW YORK TO THE SHERIFF OF ONEIDA COUNTY: WHEREAS (recite the proceedings as in the last form to the asterisk (*) ). These presents are, therefore, to command you, the sheriff of Oneida county, and you are hereby commanded to take the body of said C. D. and commit him to the jail of Oneida county, there to remain until he shall deliver the following records, books and papers, to-wit: (here insert a particular description of the records, books and papers) or be otherwise discharged according to law. In witness whereof I have hereunto set my hand and seal, at my chambers in Utica, N. Y., this 18th day of August, 1885. W. B. SUTTON, [L. S.] 36. Search Warrant. THE PEOPLE OF THE STATE OF NEW YORK TO THE SHERIFF, OR ANY CONSTABLE OF ONEIDA COUNTY: WHEREAS (recite proceedings to the asterisk (*) as in the second form above), and said D. D. C. having further required a search warrant to be issued, you, the said sheriff of Oneida county, and any constable of said county, are hereby further commanded to search, in the day-time, the house of said C. D., situated (insert a particular designation or description of said house and of any other place to be searched) for said records, books and papers, to-wit: (here insert a particular description of the same) and seize and bring them before the undersigned. In witness whereof, I have hereunto set my hand and seal, at my chambers in Utica, N. Y., this 18th day of August, 1885. W. B. SUTTON, [L. S.] § 37. To Demand from his Predecessor and other Town Officers all School and Town Moneys. It is his duty, so soon as the bond to the county treasurer, by the third article of the third title of this act required, shall have been given by him and approved by the treasurer, to deliver to his predecessor the treasurer's certificate of these facts, to procure from the town clerk a copy of his predecessor's account, and to demand and receive from him any and all school moneys remaining in his hands. 2 R. S. 1155, § 6, subd. 7; chap. 555, Laws of 1864. The bond referred to is the same mentioned in section 23, "Second," ante Furnished with the treasurer's certificate and a certified copy of his predecessor's account from the town clerk, and the approval by the auditors of his bond, he is then entitled to demand and receive all school moneys. Unless this certificate and approval be produced the moneys should not be paid to him by his predecessor, nor should he pay these moneys to his successor when his term of office expires. It is his duty, upon receiving such a certificate and approval from his successor, and not before, to pay him all school moneys remaining in his hands, and to forthwith file the certificate in the town clerk's office. Id., subd. 8. § 38. Keeping Accounts.- Having received the books, and it being his duty to receive and pay out the town and school moneys, it is necessary for him to keep proper accounts thereof. The supervisor of each town shall receive and pay over all moneys raised therein for defraying town charges, except those raised for the support of highways and bridges, of common schools, and of the poor where poor moneys shall be raised. 1 R. S. 826. He shall keep a just and true account of the receipt and expenditure of all moneys which shall come into his hands by virtue of his office, in a book to be prepared for that purpose, at the expense of the town, and to be delivered to his successor in office. In addition to the above, which relates to town charges, it is his duty to keep a just and true account of all the school moneys received and disbursed by him during each year, and to lay the same, with proper vouchers, before the board of town auditors at each annual meeting thereof. Chap. 555, Laws of 1864; 2 R. S. 1155, § 6, subd. 4. To have a bound blank book (the cost of which shall be a town charge), and to enter therein all his receipts and disbursements of school moneys, specifying from whom and for what purposes they were received, and to whom and for what purposes they were paid out, and to deliver the book to his successor in office. Id., subd. 5. Within fifteen days after the determination of his office, to make out a just and true account of all school moneys theretofore received by him, and of all disbursements thereof, and to deliver the same to the town clerk, to be filed and recorded, and to notify his successor in office of such rendition and filing. Id., subd. 6. The accounts and book last above mentioned (subds. 4, 5 and 6) are based upon his duties in relation to common schools. The law pertaining thereto is as follows: It is the duty of every supervisor to disburse the school moneys in his hands applicable to the payment of teachers' wages upon, and only upon, the written orders of a sole trustee, or of a majority of the trustees, in favor of qualified teachers, or upon the order of the trustee of a separate neighborhood, in favor of any teacher of a school in an adjoining State, recognized by him and patronized by the inhabitants of such neighborhood. Such teacher shall be deemed a qualified teacher. Id., subd. 1. To disburse the library moneys upon, and only upon, the written orders of a sole trustee, or a majority of the trustees. Id., subd. 2. In the case of a union free school district, to pay over all the school money apportioned thereto, whether for the payment of teachers' wages or as library moneys, to the treasurer of such district, upon the order of its board of education. id., subd. 3. If the order is regular upon its face, that is to say, if it bears the signatures of a majority of the persons acting in fact as trustees of a district, under color of an election, in favor of a person whom it states to be a duly qualified teacher, employed by them in the district during the year in which it is drawn, and in payment of his wages as such teacher, it is a sufficient voucher for the supervisor, and it is not for him to inquire whether the trustees have exceeded their authority or acted improperly in drawing the order. If presented by any other person than the teacher in whose favor it is drawn, it should bear his written indorsement or order for payment to a specified person. Code of Public Instruction, p. 179. § 39. Form of Account. The following form is in use in many towns and will be sufficient for general purposes: THOMAS J. LEWIS, SUPERVISOR, in account with the town of Trenton. POOR FUND. 1885. Dr. Cr. March 19. To amount received from L. G. W., late supervisor, $546 93 390 00 June 1. To cash from H. H., excise commissioner. 27 50 23 50 $987 93 CONTRA. 1885. March 27. By cash paid H. B., overseer of poor, voucher No. 1, 30. By cash paid R. W., overseer of poor, voucher No. 4, Oct, 29. By cash paid H. B., overseer of poor, voucher No. 5, 1886. Feb. 15. By cash paid R. W., overseer of poor, voucher No. 6, March 1. To balance on hand.... $75 00 30 00 75 00 40 00 50 00 30 00 687 93 1885. LOCAL SCHOOL FUND. Feb. 22. To amount of said fund received of L. G. W., late Feb. 22. By paid school district No. 1 (voucher No. 8).... To balance.... |