USA > New York > Oswego County > Orwell > History of the town of Orwell, New York, from 1806 to 1887 > Part 12
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Ch. 57, Laws 1846. Ch. 155, Laws 1869.
Before Board of Supervisors or committee of. Ch. 190, Laws 1858.
Attending before County Treasurer. Ch. 461, Laws 1836.
Weights and Measures, purchase of Standard.
Ch. 134, Laws 1851. Chap. 326, Laws 1854.
Institutions outside of County :
These institutions are the source of a very considerable portion of the taxes of the county and increase yearly. The principal in- stitutions receiving from the county, pupils, insane, deaf and dumb, blind, idiots and convicts are
167
COUNTY LIABILITY.
New York State Lunatic Asylum, Utica. Organized. Ch. 135, Laws 1842. Revised and consolidated act. Ch. 446, Laws 1874. Title 3 and amendments. Vol. III Rov. Stat., 1901. Willard Insane Asylum, Ovid, N. Y. Ch. 446, Laws 1874. Title 4.
State Homeopathic Asylum, Middletown, N. Y. Ch. 446, Laws 1874. Title 7.
St. Vincent's Protectorate and Reformatory, Utica, N. Y. Cb. 355, Laws 1875.
New York State Institution for Blind, Batavia, N. Y. Ch. 587, Laws 1865. Ch. 744, Laws 1867.
Le Couteulx, St. Mary's Institute for Deaf Mutes, Buffalo. Ch. 325, Laws 1863 amended, Ch. 213, Laws 1875.
New York Institute for deaf and dumb, New York city. Organized 1838.
See Ch. 386, Laws 1864.
Western New York Institution for deaf mutes, Rochester. Ch. 325, Laws 1863 amended, Ch. 213, Laws 1875. Chaps. 54 and 331, Laws 1876.
The Central New York Institution for deaf mutes, Rome, N. Y. Ch. 213, Laws 1875.
New York Institute for Idiots, Syracuse. Ch. 220, Laws 1862 and amendments. Vol. III Rev. Stat., 1834.
Onondaga County Penitentiary, Syracusc. Ch. 289, Laws 1859 amended, Ch. 209, Laws 1874 and Ch. 108, Laws 1876.
Contract with. Sce Journal of Proceedings 1881. Pages 32 and 235. Expires Dec. 31, 1884.
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HISTORY OF ORWELL.
An examination of the laws under which these insti- tutions are organized, shows that the principal duty of the Board of Supervisors as to their bills, is to provide way and means to pay them, not to audit.
As to the insane, county or town paupers, when ad - mitted by proceedings instituted by the County Super- intendent or Overseer of the Poor, or removed by Super- intendent of Poor from County asylum, the charges for maintenance by these institutions are in no manner sub- ject to the discretion of the Board of Supervisors. Its duty to provide for payment is mandatory ..
Idiots sent to asylum on recommendation of County Superintendent, Commissioner of Charities and on certificate of County Judge, Board of Super- visors must vote annually a sum for clothing for each State pupil from county.
Blind .- Applications for admission certified by County Judge, County Clerk, Supervisor, Town Clerk or Mayor. County to appropriate towards support and other expenses.
Deaf and Dumb .- State pupils to be designated by Supt. Public Instruction. County to appropri- ate for clothing.
Supervisors and Overseers of the Poor author- ized to send pauper or indigent children.
See under head Town and County charges.
It does not appear as the law now is that the Board of Supervisors can exercise any substantial control over this class of charges.
As to the claims of these institutions, it is provided in the several acts of organization, that the Board of Supervisors have the power and it seems to be the inten- tion that the items should be properly assigned as County, City or Town Charges, and not levied in gross.
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COUNTY LIABILITY.
The following are important provisions and checks as to admissions to the institutions referred to. Sec. 2, Chap. 347, Laws 1880.
"It shall be the duty of every Judge, Justice, Su- perintendent of the Poor, Supervisor or other person, who by law is authorized to make commitments or ap- pointments to any of the State benevolent institutions of the State, to make a report in writing to the clerk of the Board of Supervisors of the county so liable, or of the county in which any town is so liable for the board, instruction, care or clothing mentioned in section one, of this act, said report shall be made within ten days after making such commitment or appointment, and shall show when known the nationality, age, sex and residence of each person so appointed or committed, and the length of time of such appointment or commitment."
Sec. 6 (same act). "Any officer mentioned in this act who shall refuse or neglect to make the reports re- quired by this act shall not be entitled to receive any compensation or pay for any service, salary or otherwise from any town or county to which he is required to make such report."
Sec. 7 (same act). "The clerk of the Board of Supervisors who shall receive any report or account in pursuance of the provisions of this act, shall carefully file the same, and present the same to the respective Board of Supervisors on the second day of the annual meeting of the board next succeeding the receipt of the same."
170
HISTORY OF ORWELL.
See § 6, Title 1, Chap. 446, Laws of 1874, as to power of Board of Supervisors to make standing order as to Asylum to which luna- tics shall be sent.
Distinction between Town and County Charges in criminal cases.
All fees and accounts of magistrates and other of ficers for criminal proceedings, including cases of va- grancy, shall be paid by the several towns or cities, wherein the offense shall have been committed, and all accounts rendered for such proceedings shall state where such offense was committed and the Board of Supervisors shall assess such fees and accounts upon the several towns or cities designated by such ac- counts ; but when any person shall be bound over to the Oyer and Terminer, or Court of Sessions, or committed to jail to await a trial in either of said courts, the cost of the proceedings had before the single magistrate, shall be chargeable upon the towns or cities as aforesaid, and and the costs of the proceedings had after the person shall have been so bound over or committed, shall be chargeable to the county; but nothing herein contained shall apply to cases of felonies, nor where the proceed- ings or trial for the offense shall be had before any Court of Oyer and Terminer, or Court of Sessions of the coun- ty, and the fines imposed and collected in any such cases shall be credited to said towns or cities respectively. And whenever any criminal warrant shall be issued by
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COUNTY LIABILITY.
any magistrate residing out of the town or city wherein the offense shall have been committed, it shall authorize the officer executing the same to carry the person so charged before any magistrate, resident and being in the town or city, wherein such offense shall have been committed nor shall such magistrate (the magistrate issuing the warrant) be allowed any compensation for any further proceedings in any such case beyond issuing such warrant or process.
Chap. 455, Laws 1847, § 13. Vol. I Rev. Stat , 846.
NOTE .- The foregoing section to be understood must be read in connection with Sec. 26, Laws 1845, which it amends. The construction is believed to be -that the cost and expenses of the prosecution before indictment of all offenses less than a felony, are to be paid by the town or city wherein the offense is committed, and all fines imposed before indictment, to be credited to the town or city wherein the offense was committed. After indictment, all expenses of prosecution for any of- fense or crime to be paid by the county, and all fines im- posed and collected after indictment to be credited to the county.
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HISTORY OF ORWELL.
LAWS AND RULES OF AUDIT.
1. "All accounts presented in any year to the Board of Supervisors of any county, shall be numbered from one upwards, in the order in which they are pre- sented, and a memorandum of the time of presenting the same; of the names of the persons in whose favor they shall be made out, and by whom they shall be presented, shall be entered in the minutes of the Board to which they shall be presented, and no such account after being so presented shall be withdrawn from the custody of the Board or its clerk for any purpose whatever, except to be used as evidence upon a judicial trial or proceeding, and in such case it shall, after being so used be forth- with returned to such custody."
Sec. 28, Chap. 180, Laws 1845.
2. "No account shall be audited by any board of town auditors, Supervisors or Superintendents of the Poor, for any service or disbursements unless such ac- counts shall be made out in items and accompanied with an affidavit attached to and to be filed with such ac- count made by the person presenting or claiming the same, that the items of such account are correct, and that the disbursements and charges therein have been in fact made or rendered, or necessary to be made or render- ed at that session of the board, and stating that no part thereof has been paid or satisfied; and the chairman of such board or either of said superintendents is hereby authorized to administer any oath required under this section."
As amended Ch. 490, Laws 1847.
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LAWS AND RULES OF AUDIT.
3. "Nothing in the preceding section shall be con- strued to prevent any such board from disallowing any account in whole or in part when so rendered, or verified, nor from requiring any other or further evidence of the truth and propriety thereof, as such board may think proper."
Ch. 180, Laws 1845.
NOTE-"If an account is not properly verified, it should be returned to claimant with notice that he may appear and correct it. It is not the duty of the board to audit accounts not made out by items and verified es re- quired by law."
People vs. Supervisors Monroe Co., 18 Barb., 567.
4. "All town and county officers, and all other persons who may present to the Board of Supervisors ac- counts for their services to be audited and allowed, shall, before any such account or claim shall be passed upon or allowed, exhibit a just and true statement in writing of the nature of the services performed by them."
"In all cases in which a specific compensation is not provided by law, the officer or person presenting an account thereof, shall also exhibit in writing a just and true statement of the time actually and necessarily de- voted to the performance of such service."
Vol. II R. S., 978.
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HISTORY OF ORWELL.
Justices and Constable Accounts. Appeal from Board of Town Auditors.
5. "In every case where any account of a Justice of the Peace or Town Constable for fees in criminal cases is audited by a Board of Town Auditors of any town, any tax payer of said town may appeal from such audit- ing and allowance to the Board of Supervisors of the county, and such Board of Supervisors shall thereupon have power to audit and allow such bill; and in case any such account shall be disallowed or the amount thereof reduced, the party presenting the same shall have the same right of appeal as above provided."
"Such appeal shall be taken in five days after the allowance or disallowance of a bill by such town auditors, in whole or in part, by the service of a notice of appeal in writing on the town clerk, and said town clerk shall forthwith thereafter transmit said bill to the Board of Supervisors of said county to be audited and allowed by them, and said Board of Town Auditors shall have no further jurisdiction over any such bill after service of notice of appeal."
"If after service of any notice of appeal, the bill is not transmitted to the Board of Supervisors as herein provided, no part thereof shall be levied or collected."
Ch. 832, Laws 1866.
See similar provisions as to justices' accounts and appeals.
Chap. 274, Laws 1871.
6. Town officers as to per diem compensation.
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LAWS OF RULES OE AUDIT.
"No town officer shall be allowed any per diem compensation for services, unless expressly provided by law."
Sec. 23, Ch. 180, Laws 1845.
Fraud in auditing or obtaining audit.
7. "Every person who, with intent to defraud, shall wrongfully obtain, receive, convert, pay out or dispose of, or who, with like intent, by wilfully paying, allowing or' auditing any unjust claims, or in any other manner or way whatever, shall aid or abet any other in wrongfully obtaining, receiving, converting, paying out or disposing of any money, funds, credits or property held or owned by the State, or held or owned officially or otherwise, for and on behalf of any public or governmental interest by any municipal or other public corporation, board, officer, agency or agent of any city, county, town, village or civil division or sub-division, department or portion of the State, shall on conviction of such offense, be punished by imprisonment in a State prison for a term of not less than ten years, or by a fine not exceeding five times the loss resulting from the fraudulent acts committed." * Ch. 19, Laws 1875.
The questions arising as to the legality of claims presented to auditing boards, and the duty of audit or disallowance are many, and the decisions of the court as to those questions are frequent and sometimes conflict- ing. These decisions have been made for the most part on mandamus against Boards of Supervisors either to compel audit, or consideration and determination by the board.
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HISTORY OF ORWELL.
The rules established by the following decisions may be regarded as covering the general powers and duties of auditing boards as to claims and as final and controlling upon the action of such boards.
8. First .- "When the fact of the existence of a claim is undisputed, the board must act, (al- low or disallow) or mandamus will issue to compel action.
People vs. Supervisors Otsego Co., 51 N. Y., 401.
"Where the duty to be performed by the board is judicial, they may be compelled to meet and decide on the matter, but cannot be con trolled as to the manner in which they shall decide; where the duty is ministerial they may be compelled to do the act which they are charged with unlawfully refusing to do."
People vs. Taylor, 30 How., 78.
Second .- "A Board of Supervisors has power to rescind a resolution, auditing and allowing a claim against the county upon discovery of mistake or error.
Hotchkiss vs. Supervisors Broome Co, 65 N. Y., 222.
Third .- Whether a claim rejected by a Board of Auditors can be considered and allowed by a subsequent one, is a question as to which the courts differ.
The better rule in practice is believed to be that a claim once rejected, should not be con-
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LAWS AND RULES OF AUDIT.
sidered by a subsequent board, except upon additional facts or new decision of the courts.
Fourth .- "Whenever any service is required by law and actually performed, for which no compensation is provided by statute, the of- ficer is entitled to a reasonable compensation to be determined by the Board of Supervis- ors or Board of Town Auditors, unless there be a statutory prohibition, express or con- structive."
Chase vs. Saratoga Co. 33 Barb., 603.
Stilton vs. Supervisors Albany, 12 Wend., 257.
Fifth. - Moneys are "necessarily expended" within the meaning of the statute. (See Vol. I[ R. S., page 979, sub. 9,) for the protection of county officers when the expenditures are not only needful and proper, as contradis- tinguished from such as are needless and im- provident, but also reasonable, appropriate and customary in the execution of the par- ticular duty.
Such charges when necessary, (a question to be determined by the Board of Supervisors) must be audited and paid.
Hall vs. Supervisors New York, 32 N. Y., 473.
Sixth .- "A Board of Supervisors has no power to audit and allow accounts not legally chargable to their county, and such an audit is null and void; it may be disregarded by
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HISTORY OF ORWELL.
the officers of the county and is not binding and conclusive upon a succeeding board."
Ellis vs. Supervisors Richmond Co., 59 N. Y., 620.
See also this case as to whether a supervisor is entitled to compensation for committee ser- vices.
9. As to supplies to county buildings see resolu_ tions of Board, page 94, Journal of 1883.
10. The Board of supervisors may through sub- pæna, issued by its chairman, compel the at- tendance of persons and the production of papers as to matter before it.
Ch. 190, Law, 1858.
The board may confer power upon its commit- tees to send for persons and papers, as to any matter properly before such committee. Sec. 3, Ch. 190, Laws 1858.
The chairman of the board is authorized to ad- minister an oath to any person concerning any matter submitted to the board or con- nected with their powers and duties.
Vol. II R. S., 926.
Each Supervisor may administer oaths as to any matter before such Supervisor or Board of Supervisors.
Ch. 69, Laws 1870.
The chairman of any committee appointed by boards, may administer oaths.
Ch. 506, Laws 1836.
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LAWS AND RULES OF AUDIT.
Both the chairmen of the board and of com- mittees may administer oaths to witnesses. Ch. 145, Laws 1858.
10. Suggestions as to making out accounts by claimants for presentation to auditing boards.
First .- Every account should be made out in accordance with some approved form, on legal cap paper, (most convenient) should be properly folded and endorsed with the name of the claimant, nature of service and amount claimed. The handwriting should be legible.
Second .- The account should be made out in items.
Third .- The item for serving any process should state in full, the name of the officer issuing the process, the name of the offender, the nature of the offense, the time when and the place where such process was served.
Fourth .- Items for mileage should, in addition to a statement of the number of miles, con- tain a statement showing the places from and to which the distance is computed, and whether it is for going only, or going and re- turning.
Fifth .- Any service for which the compen sation is discretionary should be fully des- cribed, the time actually employed and every other act, to enable the board to determine the value of the service.
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HISTORY OF ORWELL
Sixth .- All accounts must be verified that the items are correct, that the disbursements or services charged have in fact been made or rendered, and that no part thereof has been paid or satisfied.
See statutory provisions under head of fees, &c., of particular officer.
Seventh .- All accounts must be presented to the Board of Supervisors (by deposit) on or before the morning of the fourth day of the annual meeting.
Claims presented in disregard of the statutory require- ments in making out and verification cannot be audited.
BOARDS OF AUDIT.
-
The Board of Supervisors of the County of Oswego is composed of one Supervisor from each ward in the city of Oswego, and from each town in the county of Oswego. Vol. II R. S., 926.
General powers of Board defined.
Vol. II R. S., 926 and special laws since enacted.
The special laws are found in the 7th Ed. Banks & Bros. R. S., and in session laws of 1882, 1883 and 1884
The Supervisors of a county constitute the "Board of County Canvassers," which Board meets at the office of the County Clerk berore 1 o'clock p. m. of the Tuesday
4
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BOARDS OF AUDIT-TOWN AUDITORS.
next following a general election. Vol. I R. S., 390.
The time of the annual meeting of the Board of Su- pervisors is usually determined immediately after the meeting of the Board of County Canvassers.
"A majority of the Supervisors of any county shall constitute a quorum for the transaction of business, and all questions which shall arise at their meetings shall be determined by the votes of the Supervisors present."
Sec. 5, Vol. II R. S., 926.
NOTE .- The foregoing provision as to a quorum and the transaction of business is subject to the statutory ex- ceptions, as to special matters coming before the Board.
BOARD OF TOWN AUDITORS.
CITY.
The Common Council and the Supervisors of the City of Oswego constitute this Board.
Chap. 28, Laws 1861.
As to powers, duties, time and place of meeting and manner of procedure.
Sec. 3, Ch. 28, Laws 1861.
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HISTORY OF ORWELL.
BOARD OF TOWN AUDITORS.
TOWNS.
"The Supervisor, Town Clerk and Justice of the Peace, or any two of the said Justices of the Peace of the several Towns in this State shall constitute a Board of Town Auditors for the purpose of auditing and allow- ing the accounts of all charges and claims payable by their respective towns."
"The said Board of Auditors shall meet for the pur- pose of auditing and allowing such accounts annually in each town, at the place of holding the last town meeting on the last Thursday preceding the annual meeting of the Board of Supervisors of the County."
Secs. 1 and 2, Ch. 305, Laws 1840 amended. Ch. 288, Laws 1844.
SETTLEMENT WITH TOWN OFFICERS.
Board of Town Auditors to settle with Overseers of the Poor and Commissioners of Highways, on the last Tuesday preceding the annual town meeting.
Ch. 172, Laws 1863.
"The Justices of the town, or a majority of them and the Town Clerk to examine and audit the accounts of the Supervisor for monies received and disbursed by him, the Tuesday preceding the annual town meeting."
Vol. I R. S., 835.
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FEES, ETC., OF TOWN AND COUNTY OFFICERS.
Fees and Compensation of Town and County Officers.
TOWN OFFICERS-TOWN CHARGE.
ASSESSORS.
For each day actually and necessarily spent in the discharge of official duties.
Ch. 242, Laws 1870. .. $2.00
Services, for which assessors are entitled to compensation if performed.
For dividing Town into assessment districts. Vol. II Rev. Stat., 990.
Ascertaining all taxable property, names of all taxable inhabi- tants in town. (¿d.) Sec. 8.
Preparing roll and making assessment. (id.) Scc. 9.
Giving notice of completion of roll. Vol. II Rev. Stat., 992. Sec. 19.
Services on review of assessments. (¿d.) Sec. 20. Delivering completed roll to Supervisor. (id.) Sec. 27.
Notifying Surpervisor to cause survey of non-resident lands divided by town line. (id ) Sec. 24.
Notifying Supervisor to cause survey of non-resident lands partly occupied. (id.) Sec. 13.
Inserting in assessment roll value telegraph lines. Ch. 597, Laws 1881.
Annexing to roll names of persons liable to tax on dogs, &c. Ch. 244, Laws 1862.
Making application to court (discretionary) to enforce collec- tion of taxes on personal property, Ch. 318, Laws 1842. (If tax not collected, expenses town charge.)
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HISTORY OF ORWELL.
Apportioning property of Railroads, telegraph, telephone and pipe line companies among school districts.
Ch. 694, Laws 1867 amended, Ch. 414, Laws 1884. Dividing town into election districts or altering.
Vol. I Rev. Stat., 382. Ch. 437, Laws 1880.
Giving notice of elections. Ch. 137, Laws 1881.
Making separate valuation of lands in town and village or city. Ch. 171, Laws 1871.
For services as fence viewer in examining and certifying as to sheep killed by dogs.
Vol. III Rev. Stat., 2117.
NOTE .- The last service above is a statutory duty, and is unlike other services to be performed by fence viewers, for which a specific compensation is provided to be paid by individuals.
If number of assessors in any town be reduced to one by Board of Supervisors, compensation may be increased to $3.00.
Ch. 504, Laws 1880.
CLERK OF THE POLLS.
For each days service performed
$2.00
Ch. 242, Laws 1870.
COMMISSIONERS OF EXCISE.
Each day while in session as a Board of Excise.
$3.00
Ch. 444, Laws 1874.
Expense of books and blanks. Sec. 7, Ch. 175, Laws 1870.
To execute bond to Supervisor.
Sec. 2, Ch. 444, Laws 1874.
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FEES, ETC., OF TOWN AND COUNTY OFFICERS.
COMMISSIONERS OF HIGHWAYS.
For each day actually and necessarily spent in the discharge of official duties . $2.00
Ch. 242, Laws 1870.
Duties defined. Vol. II Rev. Stat., 1212 to 1264. Vol. III 2086, 2455 and general acts there referred to.
To report to Town Auditors at annual meeting of Board. Ch. 396, Laws 1884.
Commissioners to execute bond to Supervisor. Sec. 3, Chap. 180, Laws 1845.
CONSTABLE.
For summoning jury in highway cases when paid by town; For each juror summoned. $ .10
For each mile actually and necessarily traveled to summon jurors. $ .10
Ch. 696, Laws 1881.
Summoning jury to assess damages-road case. .$2.00 Sec. 3323, Code Civil Pro.
1
IN CRIMINAL CASES.
Serving warrant (if arrest is made). $ .75
Every mile traveled going and returning, if arrest is made. . .10
Taking defendant into custody on mittimus .25 Every mile traveled taking prisoner to jail, going and return- ing. .10
Serving every subpoena .25
Every mile traveled serving each subpæna, going and return- ing. . .05
Notifying complainant. .25
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HISTORY OF ORWELL.
Every mile to notify complainant. .05 Keeping prisoner after being brought before, and by direction
of Justice, per day. . 1.00
Charge of jury during their deliberations .50
The foregoing fees and compensation fixed by Ch. 692, Laws 1866 as amended, Ch. 89, Laws 1877.
For conveying convicts to penitentiary, if fees not otherwise fixed by Board of Supervisors as required by Ch. 254, Laws 1859, per mile, going and returning. $ .10
For conveying juvenile delinquents to House of Refuge (fixed and determined by Board of Supervisors under authority of Ch. 254, Laws 1859.)
For one person, when taken alone, per mile. .18 For two persons, when taken at one time, per mile. .24
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