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offence was actually committed, or in the penitentiary nearest such village, unless the county in which such offence was committed has a contract with some penal institution for the keeping of convicts, in which case the imprisonment, if not in such county, is in the penal institution with which

there is such contract. The civil jurisdiction of police justices within any incorporated village of the state is limited to cases in which the village is a party in interest, but this is not construed to affect police justices in villages incorporated by special

acts.

CITIES.

(Many of the general provisions about to be mentioned are provided for differently in the several charters of the different cities of the state.)

A fireman of any of the different cities within the state, in case of removal from one city to another, upon producing a certificate of service signed by the chief engineer of the city left, and being reappointed a fireman in the city removed to, is credited with the time served in the city left.

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Mayors of the several cities are elected annually by ballot by the male inhabitants entitled to vote for members of the common council; the ballots being deposited in a separate box provided by the inspectors of election, and marked " mayor." The election is conducted the same as those for charter officers. The inspectors of the several wards canvass the ballots for mayor, certify, and state the result in the same manner as in the election of aldermen. The statement and certificate is filed by the inspectors on the same day as, or on the next day after, the canvass is completed, with the clerk of the city. The clerk delivers the statement and certificate to the common council at their next meeting after the election; whereupon the common council proceeds to determine and declare who is duly elected to the office of mayor, and the person having the greatest number of votes is

declared duly elected. The common council makes a certificate of their determination, which is signed by the members present, or a majority of them, and filed with the clerk. The mayors elected take the constitutional oath of office and enter on their official duties at the same time as members of the common council elected at the same election enter upon their duties, and hold office for one year, and until a successor is elected and takes the constitutional oath of office. A vacancy in the office of mayor is filled by the common council of the city electing a mayor ad interim by ballot. These provisions do not apply to the city of New York. In every city of the state in which the office of recorder exists (except in the cities of New York, Rochester, and Buffalo), there is elected at the general state election, next preceding the expiration of the term of office of the recorder, a successor of such recorder. A separate ballot - box, marked 66 recorder," is provided by the inspectors of election.

Whenever the common council of any city within the state has appointed a committee of members of their body upon any subject or matter within the jurisdiction of such common council, or to examine any officer of the city in relation to the discharge of his official duties, or to the receipt or disbursement by him of any moneys in the discharge of

said duties, or concerning the possession or disposition by him, in his official capacity, of any property belonging to the city; or to use, inspect, or examine any book, account, &c., relating to the city affairs, the chairman of the committee can administer oaths to witnesses, and false swearing, &c., is perjury, and on conviction the offender is punishable accordingly. Non-resident material witnesses who are within the state are, upon application by the chairman or a majority of the committee, summoned by a justice of the supreme court, or by the county judge of the county within which the city is situated, or by the recorder of the city. Such summons is served by showing to the witness the original summons under the hand of the officer issuing it, and delivering a copy thereof, or a ticket containing its substance, and paying to him the fees of witnesses in civil actions in courts of record.

Whenever the trustees of any church or religious corporation, owning a burying - ground within the limits of any city, by resolution determine that it is expedient to remove the human remains buried therein, it is lawful for them to proceed as follows: by notice read to the congregation on two successive Sundays, and posted at the principal door of the church for two weeks previously, and published daily in one of the city papers having the largest daily circulation for the same period of time, they call a meeting of the pewholders of such church for the purpose of considering the subject of such removal; and in such notice they state the time and place of such meeting and the purpose thereof. This meeting is organised by electing a president and secretary by a majority of the pewholders thereat. If three-fourths of the pewholders present vote in favour

of the removal, the president and secretary execute a certificate showing the proceedings of the meeting, which is proved or acknowledged in the same manner as deeds are required by law to be proved or acknowledged, and is recorded in the office of the register of the city or clerk of the county in which the burying-ground is situated; and no other consent is necessary or required to authorise such removal. The removal is made by the trustees of the church, their agents and servants, at such time or times and in such manner as the board of health in the city directs. It is made at the expense of the church or religious corporation, to any other burying-ground owned by them, in an appropriate manner, together with the tombstones proper thereto; and these tombstones are erected again at the place of removal, over the appropriate remains in all cases where the same can be identified.

The police department or board of police of any city can, in addition to the police force authorised by law, appoint a number of persons, not exceeding 200, who may be designated by any company which may be operating a system of signalling by telegraph, to a central office for police assistance, to act as special patrolmen in connection with such telegraphic system; and these persons, in and about such service, have all the powers possessed by the members of the regular force, except as limited by and subject to the supervision and control of the police department or board of police of the city. These special patrol-men must have the qualifications required for such special service; and are subject, in case of emergency, to do duty as a part of the regular police force of the city. Each wears a badge and uniform furnished by the company and approved by the police depart

ment. The pay of these special patrol-men, and all expenses connected

with their service, is wholly paid by such company or companies.

COUNTIES.

Each county, as a body corporate, | Money rights and credits, or other has capacity

1. To sue and be sued in the manner prescribed by law.

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 county possesses or exercises any corporate powers except such as are specially given by law, or are necessary to the exercise of the powers so given. All acts or proceedings by or against a county in its corporate capacity are in the name of the board of supervisors of the county; but every conveyance. of lands within the limits of the county made in any manner for the use or benefit of its inhabitants has the same effect as if made to the board of supervisors. The power of a county as a body politic can only be exercised by the board of supervisors thereof, or in pursuance of a resolution by them adopted.

When a county seized of lands is divided into two or more counties, or is altered in its limits by the annexing of a part to another county or counties, each county becomes seized to its own use of such part of said lands as is included within its limits, as settled by such division or alteration.

personal property, are apportioned between the counties interested by the supervisors and county treasurers thereof as to them, or a majority of them, appears to be just and equitable. They meet for that purpose at the time prescribed by the law making the division or alteration. Debts owing by a county are apportioned in like manner. Each supervisor is allowed $2 per day and 8 cents per mile travelling expenses when attending the meetings of the board.

The supervisors of the several cities and towns in each of the counties of the state meet annually in their respective counties for the despatch of business as a board of supervisors. They may also hold special meetings at such times and places as they find convenient, and have power to adjourn from time to time as they deem necessary. Each board has power, at their annual meetings or at any other meeting

1. To make such orders concerning the corporate property of the county as they deem expedient.

2. To examine, settle, and allow all accounts chargeable against the county, and to direct the raising of such sums as may be necessary to defray the same.

3. To audit the accounts of town officers and other persons against their respective towns, and to direct the raising of such sums as may be necessary to defray the same; and

4. To perform all other duties which may be enjoined on them by any law of the state.

A majority of the supervisors of a county constitutes a quorum for the

transaction of business, and all questions arising at their meetings are determined by the votes of those present. The boards sit with open doors, and all persons may attend their meetings. They, at each annual meeting, choose one of their number as chairman, who presides during the year; and when he is absent at any meeting, the members present elect one of their number as a temporary chairman. All chairmen and clerks of boards of supervisors have power to administer oaths to any person concerning any matter submitted to the board or connected with their

powers or duties. Each board, as often as necessary, appoints some proper person to be their clerk, who holds office during their pleasure, and whose general duty it is

1. To record in a book, 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 moneys.

3. To record the vote of each supervisor on any question submitted to the board, if required by the members present; and

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

The county pays the clerk a reasonable compensation, fixed by the board. The books, records, and accounts of the boards of supervisors are deposited with their clerks, and are open, without reward, to the examination of all persons. Each member of the board is allowed a compensation for his services, and expenses in attending the meetings of the board, at the rate of $2 per day. If any supervisor refuses or neglects to perform any of the duties which are required of him by law as a member of the board of supervisors, he forfeits for every such offence the sum of $250. The mayor, recorder, and aldermen of the city of

New York are the supervisors of the city and county of New York. The board of supervisors of each county have power to cause to be levied, collected, and paid to the treasurer of the county moneys necessary to construct and repair bridges, 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; to levy, collect, and pay moneys 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; to appoint special commissioners to lay out public highways, when satisfied that the road applied for is important.

The boards of supervisors of the several counties in the state, the county of New York excepted, at their annual meetings 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 any alterations that 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 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 towns to be affected, showing the proposed alterations, and, if the application is granted, a copy of this map, with a certified statement of the action of the board thereunto annexed, is filed in the office of the secretary of state; and it is 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. Whenever the board of supervisors

erects a new town in any county, they designate the name thereof, and 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 refuse or neglect to serve, the electors of the town present at such meeting have power to substitute some elector of the 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, is posted in four of the most public places in the town by the persons so designated to preside at the town meeting, at least fourteen days before holding the same.

They

also fix the place for holding the first town meeting in the town or towns from which such new town is taken. But these provisions do not 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.

The boards of supervisors were by the Act of 1849 amended by an Act of 1870, also severally authorised

1. At any meeting thereof lawfully assembled to purchase for the use of the county any real estate necessary for the erection of buildings, and for the support of the poor of the county.

2. To purchase any real estate necessary for a site for any courthouse, jail, clerk's or surrogate's office, or other public county buildings in the county.

3. To fix upon and determine the site of any such buildings where they are not already located.

4. To authorise the sale or leasing of any real estate belonging to the county, and prescribe the mode in which any conveyance shall be made.

5. To remove or designate a new site for any county buildings, when such removal shall not exceed one mile.

6. To cause to be erected necessary buildings for poorhouses, jails, clerks' and surrogates' offices, or other county buildings, and prescribe the manner of erecting the same.

7. To cause to be raised by tax upon the county any sum of money to erect any of the buildings mentioned in said Acts, not exceeding the sum of $5000 in any one year.

8. To borrow money for the use of the county to be expended in the purchase of any real estate, or for the erection of any such buildings, and to provide for the payment thereof, with interest, by tax upon the county, within ten years from the date of the loan, in yearly instalments or otherwise.

9. To authorise any town in the . county, by a vote of such town, to borrow any sum of money, not exceeding $4000 in one year, to build or repair any roads or bridges in such town, and prescribe the time for the payment of the same, which time shall be within ten years, and for assessing the principal and interest thereof upon such town.

10. To abolish or revive the distinction between the town and county poor of such county.

11. To fix the time and place of holding their annual meetings.

12. To extend and determine by resolution at their annual meeting the time when each collector in said county shall make return to the county treasurer; but such time shall in no case extend beyond the first day of March next.

13. To make such laws and regulations as they deem necessary, and provide for the enforcing of the same, for the destruction of wild beasts, of thistles and other noxious weeds, to prevent the injury and destruction of

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