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be ascertained; a record of the services of the several regiments, companies, or batteries raised therein; and an account of the voluntary aid afforded by the several towns or cities of the county. Any number of persons of full age, provided they exceed in number the towns of the county, who desire to associate themselves for these objects, may make, sign, and file in the Bureau of Military Statistics, and in the office of the clerk of the county in which the business of such auxiliary bureau is to be conducted, an application in writing to the chief of the Bureau of Military Statistics (formerly called Bureau of Military Record), in which shall be stated the name or title by which such auxiliary, if established, shall be known; but this application shall be signed by at least one person from each town in the county. The chief of the Bureau of Military Statistics may then grant a certificate, naming therein a superintendent, and also naming a board of managers, consisting of one from each town, all of whom shall be recommended to him by the person signing the application, and setting forth certain prescribed facts. The superintendent and managers, together with enrolled members, annually elect from the officers or membership a board of managers, and the board of managers thus elected may at their first meeting elect a superintendent. A report of the proceedings of each annual meeting, with the names of the officers elected, shall be filed in the Bureau of Military Statistics, and also in the office of the county clerk. No expense exceeding $3 per town shall be imposed upon the state in collecting the statistics and other information for which the auxiliary bureau is organised, nor shall that sum, nor any part thereof, be payable unless an account, setting forth in detail the voluntary aid afforded by

citizens of the respective towns in the county, shall be deposited in the Bureau of Military Statistics. If such account is satisfactory to the chief of the Bureau of Military Statistics, he may certify the account of the superintendent of the auxiliary bureau therefor. It was made the duty of town-clerks and of supervisors and county treasurers, and of mayors and common councils of cities, to promote the objects of the bureau by giving all necessary information, &c., &c. By another Act of 1865, a number of gentlemen were named and appointed commissioners to provide a suitable repository for the records of the war of the Rebellion, and for the collections of the Bureau of Military Statistics. It was to be a fire-proof structure called the Hall of Military Record, and to be located in the city of Albany in preference to the city of New York, but conditioned on the sum of $75,000 being voluntarily contributed by the people of the state. By an Act of 1866, at the first annual meeting of the boards of the several counties of the state, they might at their discretion levy and collect from such towns, wards, and cities as should not at such time have paid their apportionment, in the same manner as are other town and city taxes, the amounts respectively assigned thereto by the commissioners for the erection of the Hall of Military Record. But no

tax should be assessed and levied upon the property of any town until the supervisor thereof should produce to the said board some resolution or other expression from his town or its officers in favour thereof. The Bureau of Military Statistics is a depository for flags, trophies, and mementoes of war. By the laws of 1878, chap. 369, the new Capitol commissioners were required to set apart and suitably furnish sufficient apartments in the new Capitol, to be known and main

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tained as the Hall of Military Record; and the interest arising from the investment of the funds theretofore contributed by towns, cities, and indi

viduals for the erection of such Hall of Military Record should be thereafter devoted to the maintenance of such Hall of Military Record.

TOWNS.

Each town (in the State of New York), as a body corporate, has capacity-(1) to sue and be sued in the manner prescribed in the laws of the state; (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 lands; (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 interests of its inhabitants. No town possesses or exercises any corporate powers, except such as are enumerated in chapter xi. of the Revised Statutes of the State of New York (seventh edition), or are specially given by law, or are necessary to the exercise of the powers so enumerated or given. All acts or proceedings by or against a town, in its corporate capacity, are in the name of the town; but every conveyance of lands within its limits, made in any manner for the use or benefit of its inhabitants, has the same effect as if made to the town by

name.

When a town, seized of lands, is divided into two or more towns, or is altered in its limits by the annexing of a part of its territory to another town or towns, the supervisors and overseers of the poor of the several towns constituted by such division meet as soon as may be after the first town meetings subsequently held in such towns, and when so met have

power to make such agreement concerning the disposition to be made of such town lands, and the apportionment of the proceeds, as they think equitable, and to take all measures and execute all conveyances necessary to carry such agreement into effect. If no agreement is made within six months after such division or alteration, the supervisor and overseers of the poor of each town in which any portion of said lands lies, proceed, as soon as may be, to sell and convey such part thereof as is included within the limits of such town as fixed by the division or alteration, and the proceeds are apportioned between the several towns interested therein by the supervisors and overseers of the poor of all the towns, according to the amount of taxable property in the town divided or altered, as the same existed immediately before such division or alteration, to be ascertained by the last assessment-list of the town. When a town possessed of or entitled to money rights and credits or other personal estate is so divided or altered, such personal estate, including moneys belonging to the town in the hands of town officers, is apportioned between the towns interested therein by the supervisors and overseers of such towns, who meet and apportion in the manner described. Whenever a meeting of the supervisors and overseers of two or more towns is required for the purposes mentioned above, it may be called by either of the supervisors; but the supervisor calling it shall give at least three days' notice in writing to

all the other officers of the time and place of meeting. These provisions do not, however, apply to any cemetery or burial-ground which belongs to the town within which it may be situated after a division has been made. Debts owing by a town so divided or altered are apportioned in the same manner as the personal property of such town, and each town shall thereafter be charged with its share of such debt according to the apportionment. These provisions do not apply to any of the lots granted by the people of the state to any town for the support of the Gospel and schools, commonly called the Gospel and school lots.

There are chosen at the annual town meeting in each town 1 supervisor, 1 town - clerk, 1 assessor, 1 collector, 1 or 2 overseers of the poor, 1, 2, or 3 commissioners of highways, and not more than 5 constables, also the number of justices of the peace to which the town is entitled; but any greater number of these officers respectively, or of other officers, where the power to elect such greater number has been conferred by any other statute, may be elected at such town meeting. These provisions do not authorise the election of overseers of the poor in any town in the counties of Richmond or Kings. The assessors and commissioners of highways elected in every town are, by virtue of their offices, fence-viewers of their town. The electors of each town have power, at their annual town meeting, for their respective towns—

1. To determine what number of assessors, constables, and pound-masters shall be chosen for the then ensuing year.

2. To elect such town officers as may be required to be chosen.

3. To direct such sum to be raised for the support of common schools for the then ensuing year as they

may deem necessary, but not exceeding a sum equal to the amount required by law to be raised therein for that purpose.

4. To direct the institution or defence of suits at law or in equity in all controversies between the town and corporations, individuals, or other towns.

5. To direct such sum to be raised for prosecuting or defending such suits as they may deem necessary.

6. To take measures and give directions for the exercise of their corporate powers.

7. To make such provisions and allow such rewards for the destruction of noxious weeds as they may deem necessary, and to raise money therefor.

8. To establish and maintain pounds at such places as may be convenient.

9. To establish the compensation of the fence - viewers, commissioners and inspectors of schools, and collector of such town; but the compensation of the collector shall in no case be more than 5 nor less than 3 per cent.

10. To make from time to time such prudential rules and regulations as they may think proper for the better improving of all lands opened by the town in its corporate capacity, whether commons or otherwise; for maintaining and amending partition or other fences around the same, or any part thereof, and circular fences for their lands, gardens, orchards, and meadows, for protecting_such lands from any trespass, and for directing the time and manner of using the same.

11. To make the like rules and regulations for ascertaining the sufficiency of all fences in the town; for determining the times and manner in which cattle, horses, or sheep shall be permitted to go at large on highways; and for impounding animals.

12. To impose such penalties on persons offending against any rule or regulation established by the town, excepting such as relate to the keeping and maintaining of fences, as they may think proper, not exceeding $12.50 for each offence.

13. To apply such penalties, when recovered in such manner, as they may think most conducive to the interests of the town.

In addition, the electors of each town, bound to support its own poor, have power at their annual town meeting to direct such sum to be raised in such town for the support of the poor for the ensuing year as they deem necessary. And every town may raise any money that may be necessary to defray any charges that may exist against the overseers of the poor of such town.

Special town meetings are held to supply vacancies in certain cases. They are also held whenever twelve or more persons eligible to the office of supervisor of the town, by application in writing, signed by them, and addressed to the town-clerk, require a special town meeting to be called for the purpose of raising moneys for the support of common schools or of the poor, when a proposition to that effect has not been acted upon at the annual town meeting; or for the purpose of deliberating in regard to the institution or defence of suits or the raising of moneys therefor; and no special town meeting has power to act on any subjects other than those now specified. No previous notice need be given of the annual town meeting; but the town-clerk shall, at least eight days before the holding of any special town meeting, cause notices thereof, under his hand, to be posted at four or more of the most public places in the town, specifying the time, place, and purposes of the meeting. Every order and direction, and all rules and regulations made by

any town meeting, remain in force until altered or repealed at some subsequent town meeting. Whenever a town meeting is held in any town, no civil process shall be served in the town on any elector entitled to vote therein on any day during which the town meeting is held.

It is the duty of the justices of the peace of each town to attend every town meeting held therein; and such of them as are present preside at the meeting and see that it is orderly and regularly conducted. The officers so presiding have the like authority to preserve order, to enforce obedience, and to commit for disorderly conduct, as is possessed by the board of inspectors at a general election. If there be no justice of the peace present at such meeting, then such person as is chosen for that purpose by the electors present presides and possesses the like powers as the justices. The town-clerk last before elected or appointed is the clerk of the town meeting, and keeps faithful minutes of its proceedings, in which he enters at length every order or direction, and all rules and regulations made by such meeting. If the town-clerk is absent, then such person as is elected for that purpose by the electors present acts as clerk of the meeting. Town meetings are kept open in the day - time only, between the rising and setting of the sun, and, if necessary, may be held two days successively, but no longer; and the canvass of the votes may be commenced, at the option of the canvassers, upon the election day, and continued after sundown, or be had upon the next day. All questions upon motions made at town meetings are determined by the majority of the electors voting; and the officers presiding at the meeting ascertain and declare the result of the votes upon each question. If any person offering to vote at any elec

tion or upon any question at a town meeting is challenged as unqualified, the presiding officers proceed thereupon in the manner prescribed in the general election law, and no person whose vote has been received upon such challenge shall be again challenged upon any other question arising at the same town meeting. The minutes of the proceedings of every town meeting, subscribed by the clerk and by the officers presiding, are filed in the office of the town-clerk within two days after the meeting. Provision is made against false-swearing, subornation of perjury, bribery, menace, changing votes, non-residents voting, voting in more than one town, &c., &c. The town meetings of the several towns in the respective counties of the state are held on some day between the first day of February and the first day of May in each year, appointed from time to time by the boards of supervisors of the several counties by resolution, so that the town meetings of every town in the county shall be held on the same day. Each board of supervisors fixes the time for their respective counties at their pleasure, within the period aforesaid, and the resolution so fixing the time is duly published, and the day so fixed remains the day established for said town meetings for at least three successive years, and until changed by a resolution of said boards. The time for transacting the business of the towns, which requires a vote of the people thereof, is fixed at 12 o'clock noon of the day of the annual town meeting for the election of town officers, and continues without adjournment until finished, excepting the balloting for town officers and the duties connected therewith. No question involving the expenditure of money shall be introduced after 2 P. M. of the same day. The last two provisions do not apply to any town wherein the man

ner of holding town meetings is regulated by special Act.

Before the electors proceed to elect any town officers, proclamation is made of the opening of the poll, and proclamation is in like manner made of each adjournment, and of the opening and closing of the poll, until the election is ended. The supervisors, town-clerk, assessors, collector, overseers of the poor, commissioners of highways, commissioners and inspectors of common schools, constables, and justices of the peace, are chosen by ballot, while all other officers are chosen either—

1. By ballot;

2. By ayes and noes; or,

3. By the rising or the dividing of

the electors.

When the electors vote by ballot, all the officers voted for are named in one ballot, which contains, written or printed, or partly written and partly printed, the names of the persons voted for, and the offices to which such persons are intended to be chosen, and these ballots are delivered to the presiding officers so folded as to conceal the contents. The poll-list is kept by the clerk of the meeting, on which is entered the name of each person whose vote is received; and the presiding officers deposit the ballots in a box constructed, kept, and disposed of as near as may be in the manner prescribed in the general election law. At the close of every election by ballot the presiding officers proceed publicly to canvass the votes, which, when commenced, is continued without adjournment or interruption until it is completed. The canvass being completed, a statement of the result is entered at length by the clerk of the meeting in the minutes of its proceedings, which he publicly reads to the meeting; and this reading is deemed notice of the result of the election to every person whose name has been entered

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