of the town, or the town clerk thereof where the said justice of the peace is also supervisor of said town, or the common council of the city in which such justice shall reside, conditioned that he will pay over, on demand, to the officer, person or persons entitled to the same, all moneys received by him by virtue of his office, and previous to entering upon the discharge of his official duties, shall file the said instrument in the office of the clerk of the city or town in which he shall reside. Every such justice of the peace shall, at or before the time of presenting himself to be sworn into office, file with the county clerk a certificate of the clerk of the city or town in which such justice of the peace resides, that he has filed the bond required by this section, and no justice of the peace shall be sworn into office until he shall have filed such certificate as aforesaid.

Laws of 1878, chap. 107, as amended by chap. 367 of same year, and Laws of 1881, chap. 123; 1 R. S. 821.

This act does not apply to New York county or to those cities whose charters require these officers to give such bonds.

1 R. S. 821.

§ 47. Excise Commissioners.-The excise commissioners shall execute a bond to the supervisor, to be approved by him, in double the amount of the excise moneys of the preceding year, conditioned for paying over to him or his immediate successor in office, within thirty days after the receipt thereof, all moneys received by them as such excise commissioners. Where no moneys have been received for licenses during the preceding year, said bonds shall be executed in the penal sum of $1,000.

Chap. 444, Laws of 1874, section 2, as amended by chap. 459, Laws of 1886; 8 R. S. 1991.

Richmond county is exempt therefrom.

Id.

§ 48. Overseers of the Poor.-Bond of Overseer of Poor.-Every person hereafter elected or appointed to the office of overseer of the poor in the several towns of this State, within ten days after being notified of his election or appointment, shall execute to the supervisor of the town a bond, with one or more sureties, to be approved by such supervisor, conditioned that he will faithfully discharge the duties of his office, and will pay, according to law, all moneys which shall come into his hands as such overseer. Such bond, with the approval of the supervisor indorsed thereon, shall, within five days thereafter, be filed in the office of the town clerk of such town.

Chap. 269, Laws of 1855; 3 R. S. 1876.

§ 49. Form of Bonds of Other Town Officers.

BOND OF HIGHWAY COMMISSIONERS.

Know all men by these presents, that we, A. B., as principal, C. D. and E. F., as sureties of the town of Bethlehem, in the county of Albany, and State of New York, are held and firmly bound unto G. H., as supervisor of said town, in the penal sum of $1,000, to be paid to the said supervisor, or to his successor in office. 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 August 30, 1869.*

WHEREAS, the above-named bounden, A. B., was on the 9th day of March, 1869, duly elected commissioner of highways of the town of Bethlehem, in the county of Albany,

Now, therefore, the condition of this bond is such that, if the said A. B. shall faithfully discharge the duties of his office as such commissioner, and shall, within ten days after the expiration of his term of office, pay over to his successor all moneys remaining in his hands as such commissioner, and render to such successor a true account of all moneys received and paid out by him as such commissioner, without fraud or delay, then this obligation to be void, otherwise to be of full force and virtue.

A. B., [L. S.]
C. D., [L. S.
E. F. [L. s.]

[Add acknowledgment and justification as in section 24, and an approval by supervisor as follows:]

APPROVAL BY SUPERVISOR.

I hereby approve the foregoing bond, as to its form and manner of execution and the sufficiency of the sureties thereon. Dated August 31, 1869.

G. H.,

SUPERVISOR.

This bond is to be filed with the supervisor within ten days after notice of his election or appointment.

$ 50. Bond of Collector.

[As in preceding form to the asterisk (*) inserting as penalty double the amount of taxes named in warrant, and then continue as follows:]

The condition of this obligation is such, that if the said who has been duly chosen or appointed to the office of collector of the town aforesaid, 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 required by law for all taxes upon the assessment-roll of said town delivered to him for the current year, then this obligation shall be void; otherwise to remain in full force and virtue.

(Signatures and seals.)

[Add acknowledgment and justification as in section 24, ante.] [Add approval of supervisor as in preceding form.]

This bond is to be filed within six days thereafter, by the supervisor (after he has approved the same), in the county clerk's office.

$51. Bond of Constable.

Know all men by these presents, that we, A. B., chosen a constable in the town of

in the county of

as principal, and C. D. and E. F., as

sureties, do hereby jointly and severally agree to pay to each and every person who may be entitled thereto all such sums of money as the said constable may become liable to pay on account of any execution which shall be delivered to him for collection; and we do also jointly and severally agree and hereby become liable to pay each and every such person for any damages which he may sustain from or by any act or thing done by said constable by virtue of his office of constable.

This bond is to be executed in the presence of the supervisor or town clerk, within eight days after notice of election or appointment, and filed in the town clerk's office, after the sureties therein have been approved, which approval may be as follows:

I hereby approve the foregoing bond as to its form and manner of execution and the sufficiency of the sureties therein, and hereby certify that the same was this day executed, in my presence, by said A. B., C. D. and E. F., therein named.

Dated March 1, 1886.

G. H,
SUPERVISOR,
(or L. M.,
TOWN CLERK.)

It would be safe practice to add the acknowledgment and justification as in section 24.

$ 52. Bond of Justice of the Peace.

Know all men by these presents, that I, Richard W. Reese, of Whitesboro, N. Y., who have been duly chosen to the office of justice of the peace of the town of Whitestown, in the county of Oneida, as principal, and Orville A. Burnham and Edward L. Akehurst, of the same place, as sureties of the said Reese, do hereby jointly and severally agree to pay over, upon demand, to the officer, person or persons who may be entitled thereto, all moneys received by said Reese by virtue of his said office. Dated this 1st day of January, 1886.

RICHARD W. REESE,
ORVILLE A. BURNHAM,
EDWARD L. AKEHURST.

[L. S.

[L. S.

[L. S.]

[Add acknowledgment and justification and approval of the supervisor, or of the town clerk, if the said justice of the peace is also supervisor, as in the bond of highway commissioners, and section 24, ante.]

This bond should be filed "before entering upon the duties of his office," but the Revised Statutes provide that whenever any officer is required by law to execute any official bond, he shall cause the same to be filed in the proper office within the time herein prescribed for filing his oath of office, unless otherwise provided by law."

1 R. S. 308, § 26.

The oath of office must be filed within fifteen days after he receives notice of his election or appointment, or within fifteen days after the commencement of his term of office.

Id., § 21.

It is filed with the town clerk.

§ 53. Bond of Excise Commissioners.

Know all men by these presents, that we, A. B., L. M. and R. S., as principals, and C. D. and E. F., as sureties, all of Camden, N. Y., are held and firmly bound unto G. H., as supervisor of the town of Camden, in the county of Oneida, in the penal sum of (double the amount of excise moneys for the preceding year, stating the same in full, or if no moneys were then received, then for $1,000) 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 18

The condition of this obligation is such, that if the above bounden, A. B., L. M. and R. S., who have been elected commissioners of excise in and for said town, shall well and truly pay over to said G. H., as supervisor, or to his immediate successor in office, within thirty days after the receipt thereof, all moneys received by them as such commissioners of excise, in pursuance of, and as required by, chapter 444 of the Laws of 1874, and all laws amendatory thereof, or supplemental thereto, without fraud or delay, then this obligation shall be void; otherwise to remain in full force and virtue.

[Add acknowledgment, justification and approval by supervisor as in §§ 24 and 49, ante.]

It would seem that the supervisor shall retain the bond.

§ 54. Bond of Overseer of the Poor.

Know all men by these presents, that we, A. B. as principal, and C. D. and E. F. as sureties, all of the town of Marcy, Oneida county, N. Y., are held and firmly bound unto G. H., as supervisor of the town of Marcy, aforesaid, in the sum of dollars, in pursuance of chapter 269, Laws of 1855, and the laws amendatory thereof, and supplemental thereto, for which payment well and truly to be made to the said G. H., as supervisor aforesaid, or to his successor in office, we bind ourselves, our heirs, executors and administrators, jointly and severally, firmly by these presents. Sealed with our seals and dated the 6th day of March, 1886. WHEREAS, the above-named A. B. was, on the 1st day of March, 1886, duly elected to the office of overseer of the poor in and for said town of Marcy: Now, therefore, the condition of this bond is such that if the said A. B. shall faithfully discharge the duties of his said office, and shall well and truly keep, and pay out and account for all moneys which shall come into his hands, or possession, as such overseer, without fraud or delay, all of which we hereby covenant and agree that he shall do, then this obligation shall be void; otherwise to remain in full force and virtue.

A. B., [L. S.

C. D., L. S.
E. F. [L. S.]

[Add acknowledgment, justification and approval of the supervisor as in §§ 24 and 49, ante.]

This bond must be executed and delivered to the supervisor for his approval within ten days after being notified of the election or appointment, and within five days thereafter the same must be filed with the town clerk.

Bond of railroad commissioners can be adapted from the foregoing. It is conditioned for the faithful discharge of their official duties as railroad commis sioners of said town, and that they will well and truly keep and pay over and account for all moneys belonging to such town and coming into their hands as such commissioners.

Chap. 720, Laws of 1873; 1 R. S. 879.

The sureties are to be approved by the board of town auditors. The bond is made to and delivered to the town clerk within ten days after entering upon their duties and before receiving any of the town funds.

But see chap. 402, Laws of 1889, § 3.

§ 55. Filing Papers, Bonds, etc.-The filing of papers, bonds and other documents means something more than mere delivery to the proper office or officer.

All such papers should be indorsed so as to show what they contain, together with the fact and date of their reception.

The following form is commonly used: