ister, within their respective counties, laws and regulations

1. To purchase or otherwise acquire, for the use of the county, real estate for sites for court-houses, county clerks' offices, and other buildings for county officers, and for jails, and such other places of confinement as may be authorised or required by law for male and female prisoners, the detention of witnesses, and for establishments for the care of paupers, idiots, &c., for whose support the county is liable; to erect, alter, improve, purchase, and receive | by gift buildings for any of these purposes, &c. ; to borrow money on the county bonds, or other county obligations, for a period not exceeding fifteen years, to be paid in annual instalments, for the purposes specified; but in all cases when the total indebtedness thus created, and then outstanding under previous authority, exceeds $100,000, no additional issue is authorised, except in the counties of Albany, Erie, and Kings, unless by the consent of a majority of all the electors of the county, voting on the question at any annual election, and subject to the conditions in this Act specified, to change the location of county buildings, and to sell or apply to other county use the old sites, &c., and, if sold, the proceeds towards payment of obligations incurred for new sites and buildings, and in case of a change in the location of a county courthouse to make one or more jury districts, and to make such regulations in respect to the holding of the terms of courts as are necessary by reason of such change.

2. To fix, subject to the limitations of sec. 15, art. vi. of the constitution, the salaries and per diem allowance of county officers, whose compensation may be a county charge, not to be changed during their respective terms of office; and to prescribe the

mode of appointment, and fix the number, grades, and pay of the deputies, clerks, and subordinate employees in such offices.

Pro

3. To authorise the location, change of location, and construction of any bridge (except on the Hudson river below Waterford, and on the East river, or over the waters forming the boundaries of the state) which shall be applied for; and, in the case of a public bridge erected by a corporation, to establish the rates of toll to be collected. But where the bridge crosses a navigable stream of water, full provision shall be made in the resolution or permission authorising it for the erection and maintenance of a suitable draw to prevent any impeding of navigation; and, in the case of a private bridge, for the draw being kept open, so as to permit all vessels to pass without loss of headway. Where the bridge is at the dividing line of counties, the boards of supervisors of each county have to give the authorisation. vision is made for boards of supervisors rebuilding bridges destroyed by the elements or otherwise, at the earliest practicable time, and buying out the rights of corporations or others owning the approaches, sites, &c., of destroyed bridges, "provided such purchase can be accomplished upon such terms as in the judgment of the board of supervisors are just to the public and to its best interests. But if, in the judgment of the board of supervisors, such purchase cannot be accomplished upon reasonable terms, then and in that case the board can acquire a valid title to premises on either side of the destroyed bridge at a reasonable price, and provide for the construction and maintenance of a bridge and the approaches thereto upon premises other than the site upon which the destroyed bridge was located, provided the bridge to be constructed can be

so located outside of the old site as not to increase the distance to be travelled to reach either end of such bridge more than five rods. The construction and maintenance of the bridge, &c., are at public expense; and when completed, it is free for the use of the whole public, and all persons may use it as a public or common highway; and it shall be what is ordinarily understood to be a free bridge, subject to the rights of the board of supervisors of the county, which prescribes the weight that may or may not be carried over it, and the rate of speed beyond which any animal shall not be rode or driven, under such penalties for disobedience of the rules and regulations prescribed by the board as the board may deem proper.

4. To apportion, as such board may deem equitable, the expense of constructing any public bridge (except in the cases mentioned in the last preceding subdivision) over a stream or other water forming the boundary line of counties between the towns at such point, each county to pay not less than one-sixth thereof; and where the board deems the construction a general benefit to the county, and that the payment of two-thirds would be unjust to such towns, to apportion a certain additional proportion to the counties; and to authorise any town, on the vote of a majority of the electors, to vote at any annual town meeting, or regularly called special town meeting, to appropriate such a sum (to be raised as other bridge moneys) to aid in the construction and maintenance of any bridge outside the town or county boundaries, but forming a continuation of highways leading from such town or county and deemed necessary for the public convenience. The board can impose the expense of construction and maintenance upon the county at large within which the

bridge and its approaches are situated, or upon such town or towns, city or cities, within the county.

5. To provide for the care, maintenance, preservation, and reparation of any draw or other bridge (except as aforesaid), and to severally apportion the expense on the towns respectively liable therefor, or on the respective counties when liable; but when such bridge spans any portion of the navigable tide-waters, forming at the point of crossing the boundaryline between two counties, the expense is a joint and equal charge on the two counties in which it is situated. No town or city not immediately adjacent to such waters at the point spanned by the bridge is liable for any larger proportion of the expense than the taxable property of such town or city bears to the total amount of taxable property of such county. But no such bridge shall be constructed unless it is authorised by a resolution adopted by a majority of the board of supervisors in each of such counties.

6. To authorise towns liable for the erection, &c., in whole or in part, of any bridge (except as aforesaid), to erect, &c., the same; and to borrow such sums of money as may be necessary, and to pay existing debt. But no authority shall be exercised except upon the application of a town liable to be taxed, to be made by vote of a majority of the electors, or upon the application of the supervisor, by and with the consent of the commissioner of highways, town-clerk, and justices of the peace of such town.

7. To authorise towns, when application is made therefor by a vote of a majority of the electors, to purchase, and any company owning the same to sell, the whole or any part of any plank, macadamised, or turnpike road, or any toll-bridge in such town or towns, or the franchises

thereof, for free public use, and to determine the proportion of expense proper to be borne by each town, where more than one applies.

8. To authorise the consolidation in any town of two or more of the established road districts therein, and the division of one into two or more; and to constitute the territory of any incorporated village into a separate road district; and to provide for the election or appointment of overseers of highways, &c.; but the commissioners or superintendents of streets or officers, &c., are the overseers of highways in incorporated village districts.

9. To authorise, in any county containing an incorporated city of 100,000 inhabitants or upwards, when any territory within such county and beyond such city's limits has been mapped out into streets and avenues in pursuance of law, the establishment of a plan for the grades of such streets and avenues, the laying out, &c., of the same, to provide for the estimation and award of damages for the assessment on property, and fixing assessment district therefor, the levying and payment of the amount of damages, &c., &c.; but the property owners owning more than one-half of the frontage on any street or avenue must petition for the laying out, &c., or the supervisor, justices of the peace, and commissioners of highways of the town, or two-thirds of such officers, give a certificate that the same is in their judgment proper and necessary for the public interest; or where the street or avenue lies in two or more towns, a like certificate of such town officers of each town, or of two-thirds of all of them; provided, however, the said officers, before proceeding to make such certificate, give ten days' notice by publication in one of the daily papers of the county, and by posting in six public places in such

town, or in each of such towns, of the time and place at which they will meet for the purpose of considering the same, at which meeting the public and all persons interested may appear and be heard in relation thereto; and provided that no such street or avenue shall be laid out, &c., upon or across any lands acquired by the right of eminent domain, and held in fee for depot purposes by any railroad corporation, or upon or across lands held by any corporation formed for the purpose of improving the breed of horses, without the consent of such corporation. No town officer is entitled to charge for services under this Act, and no charge shall be made against the town or any of the property therein for the expense of publication of the said notice. These provisions do not apply to the towns of Flatbush and New Lotts, in the county of Kings.

County boards of supervisors also have authority under this Act, by resolution duly entered in their minutes of proceedings and published therewith

1. To determine, unless the same has been determined by a court having jurisdiction thereof, upon the returns of the proper certifying officers, and upon such other testimony furnished to them as would be competent in a court of law, all cases of contested membership in their respective boards, and when so determined in any case, the decision is conclusive as to the right of the parties to the contest.

2. To make rules for the conduct of their proceedings, to compel the attendance of absent members at meetings of their respective boards, and for the maintenance of order and decorum at such meetings, and to enforce pecuniary penalties, not exceeding $50 for each offence, for the violation of such rules.

3. To determine, except in the county of Kings, in what newspapers,

not to exceed two, the election notices issued by the secretary of state and the official canvass shall be published, and to fix the compensation for such publication. But in cases where such publication is ordered to be made in two newspapers, such papers shall be of opposite political character.

The compensation of supervisors is fixed by this Act according to the per diem and other services rendered by them, and mileage at the rate of 8 cents per mile; but various local Acts make the office of supervisor a salaried office in particular counties, and fix the salary of the clerk of the board.

The clerk of the board of supervisors in each county transmits to the librarian of the state library, at Albany, a copy of the proceedings of such board annually, and within twenty days after the same is published.

The board of supervisors of Chautauqua can provide for the protection and preservation of ducks and fish in all waters within the territorial jurisdiction of that county, and bordering on said county within the jurisdiction of the state, and to prescribe and enforce the collection of all fines and penalties for the violation of any laws or regulations they make in relation to the same.

The board of supervisors of any county containing more than 300,000 acres of unoccupied and unimproved forest lands is, by the laws of 1880, chap. 175, authorised to establish separate highway districts in such county for the purpose of laying out and constructing highways through such unimproved and unoccupied tracts; and these districts are established upon the application of more than one-half of the non-resident lands to be included therein. Any highway district thus established consists of contiguous tracts or parcels, and may include parts of one or more towns,

and may be changed, altered, or abolished at any time by the board of supervisors. The board can appoint one or more commissioners to lay out and construct highways in any such district, and prescribe their powers and duties, and also direct the manner of assessing highway taxes, &c.; also authorise the commissioners to borrow money on such terms as it directs, but not exceeding the amount of ten years' highway taxes upon the lands embraced within the district within which the loan is authorised.

COUNTY TREASURER.

The county treasurer, before entering upon the duties of his office, has to give a bond to the supervisors of the county, with three or more sufficient sureties approved by the board of supervisors, in such sum as they direct, conditioned that he shall faithfully execute the duties of his office, &c. The board may require

from him a new and further bond when it deems the moneys intrusted to him unsafe, or the surety insufficient; and failure to renew as required, within twenty days after notification, works a forfeiture of his office, which becomes vacant. In addition, the county treasurer has to give a bond to the people of the state, with two or more sureties approved by the comptroller, in such penalty as the comptroller directs, conditioned that he shall faithfully execute the duties of his office, and pay over to the state treasury, according to law, all moneys belonging to the state, &c. Upon proper occasion, the comptroller may require a new and further bond. Should the treasurer make default in giving and filing this bond within the time limited, or neglect to renew, the comptroller causes a written notice to be served on him to furnish said bond, &c., within ten days; whereupon, if

there still be default, he is deemed to have vacated his office, and the governor appoints a proper person to fill the vacancy. The bond, with the approbation of the board of supervisors indorsed thereon, is filed in the county clerk's office. It is the duty of the treasurer to receive all county moneys, and all moneys belonging to the state which by law are directed to be paid to him; and to pay and apply such moneys in the manner required by law. He keeps a just and true account of receipts and expenditures in special books provided at the expense of the county. On or before the 1st day of March in each year, he transmits to the state comptroller a statement of all moneys received by him during the preceding year for penalties belonging to the people of the state; and it is his duty at the same time to pay to the state treasurer the amount of such penalties, after deducting his compensation, in the same manner as state taxes are directed to be paid. At the annual meeting of the board of supervisors, or whenever directed, the county treasurer exhibits to them all the books and accounts, and all vouchers relating to the same, to be audited and allowed. Upon the death, resignation, or removal from office of any county treasurer, all books and papers and all moneys are delivered to his successor in office, upon the oath of the preceding county treasurer, or, in case of his death, upon the oath of his executors or administrators; and failure to so deliver, when lawfully demanded, entails a forfeiture to the county of $1250. The county treasurer is entitled to retain a commission of 1 per cent on every dollar which he receives and pays-to wit, one-half for receiving and the other half for paying. All moneys recovered, when the condition of the county treasurer's bond is forfeited, are applied

by the board of supervisors to the use of the county, unless recovered for the use of the state, in which case they, or so much thereof, are paid to the treasurer of the state. The chamberlain of the city and county of New York is considered the county treasurer thereof.

It is the duty of the several county treasurers of the state, on or before the 1st day of April in each year, to pay to the treasurer of the state the amount of state tax raised and paid over to them respectively, retaining his proper compensation, which shall not in any case exceed the sum of $2000. The comptroller charges on all sums withheld such rate of interest, not exceeding 10 per cent per annum, as is sufficient to repay all expenditures incurred by the state in borrowing money equivalent to the amount withheld, and that from the 1st day of April in each year; and he may collect this interest from such defaulting county treasurer by suit. According to the annual supply bill, every county pays its quota of state taxes into the state treasury, one-half on or before 15th April, and the other half on or before 1st May in each year.

or

It is the duty of the county treasurer, except the city and county of New York, within twenty days after he has entered upon the duties of his office, to designate by written instrument, a duplicate copy being filed in each of the offices of the county clerk and state treasurer, one more good and solvent banks, bankers, or banking associations in the county, or, failing such, in an adjoining county within the state, for the deposit of all moneys received by such treasurer, and to agree with such banks, &c., as to interest, which shall once in six months be credited to the account of such county treasurer for the use of the county. The treasurer shall deposit, at least once