USA > New York > Oswego County > Orwell > History of the town of Orwell, New York, from 1806 to 1887 > Part 13
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And three cents per mile for each additional person. More than two conveyed at any one time, distance to be computed going only. Journal Proceedings 1881, page 43.
NOTE .- As to other claims presented to Town Auditing Boards by Constables in criminal cases, the rule is to be, that when a dis- tinct service is required by law and no fee prescribed, the Board may and should audit and allow such just compensation as it shal determine, but that as to other services incident to the duties re- quired to be performed, the foregoing fees are intended to be their full measure of compensation.
Whenever a subpoena for witnesses in criminal cases or com- plaints, containing one or more names, shall be served by a consta- ble or other officer, such officer shall be allowed for mileage only for the distance going and returning, actually traveled to make such service upon all the witnesses in such case of complaint, and not separate mileage for each witness unless the Board of Supervisors or other auditing board) shall deem it equitable to make further allowance.
Vol. III Rev. Stat., 2580.
"No travel fees shall be allowed for traveling to subpoena a wit- ness, beyond the limits of the county in which the subpoena was issued, or of an adjoining county, unless the board auditing the account shall be satisfied by proof that such witness could not be
187
FEES, ETC., OF TOWN AND COUNTY OFFICERS.
subpoenaed without additional travel; nor shall any travel fees for subpænaing witnesses be allowed, except such as the board audit- ing the accounts shall be satisfied were indispensably necessary."
Ch. 180, Laws 1845.
NOTE .- Sec. 2, Ch. 820, Laws 1869, requiring Constable or other officer claiming increased or additional travel, to make special affi- davit as to travel * that he had no other official or private business, &c., is in the opinion of the Editor of the Revised Stat- utes, repealed.
See foot note Vol. III Rev. Stat., 2585.
In auditing accounts of Justices and Constables by a town audit_ ing board, reference must be had to the distinction between town and county charges in criminal cases. Ch. 455, Laws 1847, heretofore inserted.
Constable to give bond.
Vol. I Rev. Stat., 819, 825.
INSPECTORS OF ELECTION.
For each day's service performed. $2.00
Ch. 24, Laws 1870.
For filing duplicate returns in County Clerk's office. 5.00 Travel fee going and returning per mile. ,04 Sec. 14, Ch. 56, Laws 1880.
JAILERS.
Fees and compensation of, a town charge in same cases as Jus- tices and Constables.
Ch. 455, Laws 1847. -
Bills audited by Board of Supervisors.
188
HISTORY OF ORWELL,
JURORS IN ROAD CASES.
Drawn by Town Clerk to examine in relation to laying out or altering a highway, each.
1.50
(If jury certify favorably, town charge.) Ch. 696, Laws 1881.
Drawn by 'l'own Clerk to re-assess damages.
If drawn from adjoining town and shall attend and not serve. .50
If they serve, each 1.00
If drawn from same town, attend and not serve. .25
If they serve, each .50
When service of juror on re-assessment is a town charge, see Sec. 7, Ch. 455, Laws 1847.
JUSTICES OF THE PEACE.
Fees in Criminal Cases.
For administering an oath .10
Drawing an information. .25
Taking a deposition of witness on information .25
Issuing a warrant of arrest. .25
Endorsing warrant from another county (should be paid by officer having warrant) .25
Each day's necessary attendance upon the hearing or ex- amination of accused. 1.00
Every necessary adjournment of the hearing or examina- tion. .25
Warrant of commitment. .25
Subpoena, including all the names inserted therein .25
Each copy subpæna for service. .10
Filing each paper required by law .05
Furnishing copies of papers in any proceeding, at the rate per folio of one hundred words .05
Each order in writing or certificate required by law .25
Drawing an undertaking cf bail.
.25
Taking an acknowledgment. .25
Ch. 692, Laws of 1866, Sec. 3 as amended Ch. 188, Laws 1884.
·
189
FEES, ETC., OF TOWN AND COUNTY OFFICERS.
AS COURT OF SPECIAL SESSIONS.
Y
How constituted, Sec. 62, Code Crim. Procedure. For venire. .25
Swearing each witness on the trial .10
Swearing jury .25
Swearing Constable to attend jury .10
Subpoena, including all the names inserted. .25
Trial fee for each day during the necessary and actual con- tinuance of trial 1.00
Receiving and entering verdict .25
Entering sentence of court.' .25
Warrant of commitment on sentence .25
Record of conviction and filing Ch. 692, Laws 1866. .75
"But all such charges in any one case shall not exceed five dol- lars, unless such court continue more than one day, in such case the costs of such additional day may be added thereto." (ibid.)
"The bills rendered by Justices of the Peace for services in crim- inal proceedings, shall in all cases contain the name and residence of the complainant, the offense charged, the action of the Justice on such complaint, the Constable or officer to whom any warrant on such complaint was delivered, and whether the person charged was or was not arrested and whether an examination was waived or had and witnesses sworn thereon, and the account shall also show the final action of the Justice in the premises."
Ch. 274, Laws 1871.
For services when associated with another Justice in case of bastardy, each day actually and necessarily spent .. $2.00
To be paid by town or county, (according to settlement) if not paid by defendant.
For services in highway cases, and when town charges. See Vol. I Rev. Stat., 844, 848. Vol. II Rev. Stat., 1239 to 1252.
For each day's service for which town is chargeable. $2.00
Ch. 242, Laws 1870.
NOTE .- In the Supervisor's Manual of both 1878 and 1884, pages 62 and 74 respectively, it is stated that the law of 1869, Ch. 855,
190
HISTORY OF ORWELL.
Sec. 6, prohibiting the Board of Town Auditors from auditing the service bills of its members is yet in force. This is an error.
Ch. 274, Laws of 1871, amends Sec. 6, Ch. 855, Laws of 1869, and repeals the prohibition.
As to the extent of power of the Town Auditor, the law now is as defined by Ch. 305, Laws 1840, Sec. 1, as follows:
"The Supervisor, Town Clerk and Justices of the Peace, or any two of the said Justices of the several Towns in this State shall constitute a Board of Town Auditors for the purpose of auditing and allowing the accounts of all charges and claims payable by their respective towns."
The Board of Supervisors can audit town charges only when tl.e power is specifically conferred.
Justices to give bonds.
Ch. 123, Laws 1881.
OVERSEER OF THE POOR
For each day's service performed .$2.00
Ch. 242, Laws 1870.
Their compensation is a town charge when the poor are a town charge, and a county charge when the poor are a county charge.
Vol. III Rev. Stat., 1865.
All accounts of overseers for services relating to the support, re- lief and transportation of county paupers, shall be audited by Su- perintendent of the Poor and paid by order on County Treasurer. Ch. 26, Laws 1832.
Superintendent of the Poor to determine allowance for transpor- tation of paupers to county house. Subject to alteration by Board of Supervisors.
Vol. III Rev. Stat., 1855.
Costs not collected, made by Overscer in suits must be allowed by Town Auditors, besides per diem allowance for attending. Vol. III Rev. Stat., 1867.
Overseer to give bond.
Ch. 269. Laws 1855.
191
FEES, ETC., OF TOWN AND COUNTY OFFICERS.
TOWN CLERK.
For each day's services performed .$2.00
Ch. 242, Laws 1870.
Drawing jury to re-assess damages in road cases when paid by
town.
Vol. II Rev. Stat., 850. .50
Filing and entering certificate of marriage, if not paid by party .25
Copy of certificate or the entry thereof
.10
Vol. III Rev. Stat., 2334.
For collecting dog tax (per cent.). .10
Killing dog when required by law. 1.00
To be retained by him from dog tax on settlement with Treas- urer.
Secs. 4 and 7, Ch. 244, Laws 1862.
Collector to execute bond to, and to be approved by the Super- visor, and filed in office of County Clerk.
Vol. I Rev. Stat., 818.
If time for collection of taxes is extended, bond to be renewed.
The foregoing compensation and fees appear to cover all statu. tory provisions for the payment of the services of a Town Clerk, which are a town charge.
For the many clerical duties a clerk is required by law to per- form, consisting of filing accounts of Town Officers, oaths of office, bonds, acceptance of office, &c., it does not seem that the Legisla- ture intended that compensation for such services should be a per diem compensation, but that the clerk should be allowed and paid a just fee, to be determined by the auditing board, reference being had to like services performed by other officers, for which a fee is prescribed by law.
Any necessary disbursement, whether necessary or not, (to be determined by auditing board) made by Town Clerk in the per- formance of a required official duty, should be allowed and paid.
192
HISTORY OF ORWELL.
Rules of Order and of Legislative Proceedings
HERETOFORE ADOPTED BY THE BOARD OF SUPERVISORS OF OSWEGO COUNTY AT ANNUAL MEETINGS.
RULE I.
The Board shall meet in sessions at 2 o'clock, p. m., unless otherwise ordered by a majority of all the mem- bers, and upon the appearance of a quorum, the Chair- man shall take the chair, and call the members to order.
RULE II. ORDER OF BUSINESS.
1. Calling roll.
2. Reading minutes of previous session.
3. The presentation of petitions.
4. Reports of standing committees.
5. Reports of select committees. .
6. Introduction of resolutions, notices and motions.
7. Third reading of bills.
8. Special orders of the day.
9. Unfinished business.
10. Miscellaneous business.
RULE III.
Standing Committees shall consist of three members each, except as herein provided, and shall be appointed on the following subjects, to wit:
1. Constables' and Justices' Accounts, five members.
2. Sheriffs' and Jailors' Accounts.
3. Miscellaneous Accounts, five members.
4. To Compare Rolls and copies, fourteen members.
5. To Foot Rolls, fourteen members.
193
RULES OF ORDER OF BOARD OF SUPERVISORS.
6. To Equalize Valuation, seven members.
7. On Rejected Taxes, Schools and Highways.
8. To Settle with Superintendent of the Poor.
9. To Settle with County Treasurer.
10. To Settle with Judicial Officers.
11. To Settle with Loan Commissioners.
12. To Apportion and make list of Grand Jurors.
13. To Settle with Supervisors.
14. On Ways and Means.
15. To Collect Town and County Charges.
16. To Apportion Taxes and make Ratio, five members.
17. To fill Collectors' Warrants.
18. To Make Abstract.
19. On Jurisprudence.
20. On Local Legislation, six members.
21. To Extend Taxes, thirteen members.
And it shall be the duty of each of the several com- mittees to inquire into the matter indicated by its name, and report thereon.
RULE IV.
Priority of Business-All questions relating to the priority of business, that is, the priority of one question or subject matter over another, under the same order of business, shall be decided without debate.
RULE V.
Chairman to Preserve Order-The chairman shall preserve order and decorum, and decide all questions of order; and his decisions shall be final, unless an appeal is taken to the Board. On an appeal from the decision of the chairman, he shall have the right in his place to assign his reason for his decision. He shall also have
194
HISTORY OF ORWELL.
the right to substitute any member to perform the duties of the chairman, but such substitution shall not extend beyond two days, unless by leave of the Board.
-
RULE VI.
Vote of Chairman .- When the Board is equally divid- ed, including the chairman's vote, the question shall be deemed lost.
RULE VII.
Order .- When the chairman is putting a question, no member shall walk across or out of the room.
RULE VIII.
Order of Speaking .- A member desiring to debate, to give notice, to make a motion or report, or to present a petition, or other paper, shall arise and address the chairman, and shall not proceed further until recognized by him.
RULE IX.
Members Entitled to Speak .- No member shall speak mor than twice, nor more than ten minutes to the same general question without leave of the Board.
RULE X.
Order and Silence .- While a member is speaking, no
195
RULES OF ORDER OF BOARD OF SUPERVISORS.
member shall entertain any private discourse, or pass be" tween him and the chair.
- -
RULE XI.
Calls to Order .- If any member, in speaking or other- wise, transgress the rules of the Board, the chairman or any member may call to order, in which case the member so called to order shall immediately sit down, unless permitted to explain.
RULE XII.
Members Entitled to Vote .- Every member who shall be present when any question is stated from the chair shall vote thereon, unless excused by the Board, unless he be directly interested in the question, in which case he shall not be allowed to vote.
-
RULE XIII.
Manner of Presenting Petitions .- All accounts, peti- tions and resolutions presented to the Board, shall be in writing, and endorsed by the member presenting the same, with the name of the town or ward whence it came.
RULE XIV.
Motions and Resolutions .- Every motion and resolu- tion shall be first stated by the chairman, or read by the
196
HISTORY - OF - ORWELL.
clerk, before debate, and immediately before the ques- tion is put.
RULE XV.
Withdrawal of Motion .- After a motion is stated by the chairman, it shall be deemed to be in the possession of the house, but may be withdrawn at any time before a decision is made or an amendment adopted.
-
RULE XVI.
Division of Question .- If the question in debate con- tains several distinct propositions, the same shall be di- vided at the request of any member, to the end that a vote may be taken on each proposition; but a motion to strike out and insert shall be deemed inadvisable.
.
RULE XVII.
Filling Blanks .- When a blank is to be filled, and different sums or times are proposed, the question shall first be put on the largest sum and the longest time.
-
RULE XVIII.
When a question shall be under consideration no mo- tion shall be received except es herein specified, which motion shall have precedence in the order stated, viz:
. : 1. For an adjournment of the board.
:) 2. A call of the board .. '
197
RULES OF ORDER OF BOARD OF SUPERVISORS.
3. For the private question.
4. To lay on the table.
5. To postpone indefinitely.
6. To postpone to a certain day.
7. To go into committee of the whole on pending subject im- mediately.
8. To commit to a committee of the whole.
9. To commit to a standing committee.
10. To commit to a select committee.
11. To amend.
RULE XIX.
A motion to lay a question on the table shall be de- cided without amendment or debate, and a motion to postpone a question indefinitely or adjourn to a certain day until it is decided, shall preclude all amendments to the main question.
-
RULE XX
Previous Question .- The "previous question" shall be as follows: "Shall the main question now be put?" and until it is decided, shall preclude all amendment and debate. When, on taking the previous question, the Board shall decide that the question shall not be put, the main question shall be considered as still re- maining under debate; otherwise the question shall be immediately taken,-upon the amendment, if any be pending, first,-and then upon the original motion or resolution, without further amendment or debate.
RULE XXI.
Adjournment .- A motion to adjourn the Board shall ..
198
HISTORY OF ORWELL.
always be in order, and decide without debate.
RULE XXII.
Entries on Minutes .- In all cases where a resolution or motion shall be entered on the minutes, the clerk shall also enter the name of the moving member.
- -
RULE XXIII.
The ayes and noes shall be taken on being demanded by any one member.
RULE XXIV.
No motion for reconsideration shall be in order unless on the same day, or at the next session following that on which the decision proposed to be reconsidered took place, nor unless one of the majority move such recon- sideration-and a motion for reconsideration being put and lost shall not be renewed, nor shall any vote be a second time reconsidered without unanimous consent.
RULE XXV.
Altering Rules .- No standing rule or order of this Board shall be rescinded, suspended or changed, nor any additional rule of order added thereto, unless it be by unanimous consent, or without one day's notice being given of the motion therefor; and that such notice shall in all cases state specifically the object of the suspension or change.
RULES OF ORDER OF BOARD OF SUPERVISORS. 199
RULE XXVI.
Excuse from voting .- Every member requesting to be excused from voting, may make a brief and verbal state- ment of the reason for making such request, and the question shall be taken without further debate.
RULE XXVII.
The chairman shall appoint all committees, except where the Board shall otherwise order.
RULE XXVIII.
Committees on making reports, shall return to the clerk all the papers relating thereto.
RULE XXIX.
All reports of committees may be read by the mem- bers making them, when called in their order, and then be presented to the Board; but the Board may dispense with the reading thereof.
RULE XXX.
All reports of standing committees shall lie over one day at least before being acted upon, except the com- mittee to settle with Supervisors.
RULE XXXI.
All reports, resolutions and other matters laid on the
200
HISTORY OF ORWELL.
table, may be called therefrom under sub division seven, rule second, in the order of business.
RULE XXXII.
All questions of order that are not herein provided for shall be decided according to parliamentary rules as adopted by the Assembly of the State of New York.
201
RULES GOVERNING BOARD OF SUPERVISORS.
RULES FOR GOVERNING THE BOARD OF SUPERVISORS IN LEGISLATIVE PROCEEDINGS.
RULE 1.
No bill shall be introduced in the Board except in one of the fol- lowing modes, yiz:
1. Under the order of introduction of bills by towns, in alpha- betical order.
2. By unanimous consent of the Board.
3. By report of a committee.
4. By order of the board.
RULE 2.
No private bill shall be introduced, but upon a memorial or peti- tion presented to the Board and signed by the party or parties praying for the passage of the same, except by the order of the Board.
RULE 3.
The title of all bills introduced shall state concisely the subject matter of such bills.
RULE 4.
All bills shall, after their second reading, be referred to a stand. ing or select committee, to consider and report thereon. Such committee may report any bill, either with or without amendments, or they may report against the same. All bills favorably reported shall, if the report be agreed to, be committed to the committee of the whole; but where a bill has been reported adversely, and such report shall be agreed to by the Board, it shall not go upon the general orders, but shall be considered as rejected.
202
HISTORY OF ORWELL.
RULE 5.
Bills reported by the committee of the whole shall be sub- ject to debate before the question to agree with the committee in their report is put; but such amendments only shall be in order as were offered in committee of the whole. And where a bill shall be reported by the committee of the whole, with the enacting clause stricken out and the report shall be agreed to by the Board, or a report favorable to the passage of a bill shall be disagreed to by a vote of the Board, each bill shall be considered as rejected.
RULE 6.
Every bill shall receive three separate readings previous to its final passage, and the third reading shall be on a day subsequent to that on which the bill passed in committee of the whole, unless the Board, by a vote of two-thirds of the members present, shall direct otherwise.
RULE 7.
All bills should be engrossed by the clerk in the order in which they have been directed by the Board to be engrossed.
-
RULE 8.
A register shall be kept by the clerk of all bills introduced in the Board, in which shall be recorded under appropriate heads, the progress of all such bills.
COMMITTEE OF THE WHOLE.
RULE 9.
The same rules shall be observed in committee of the whole as in
203
RULES GOVERNING BOARD OF SUPERVISORS.
the Board, so far as the same are applicable, except that the pre- vious question shall not apply, nor shall the number of times a member may speak be limited, and except that the yeas and nays shall not be taken.
-
RULE 10.
A motion to rise and report progress shall be in order at any stage, and shall be decided without debate.
RULE 11.
Bills and other matters shall be considered in committee of the whole, in the following manner, viz: They shall be first read through if the committee so direct; otherwise they shall be read and considered by sections, leaving the title to be last considered.
All amendments, in their proper connection, shall be reported to the house by the chairman.
RULE 12.
If at any time, when in committee of the whole, it be ascertained that there is no quorum, the chairman shall immediately report that fact to the chairman of the Board.
GENERAL RULE.
RULE 13.
All questions arising, and not governed by the rules of this Board, shall be governed by the rules of the Assembly, so far as applicable to the Board.
204
HISTORY OF ORWELL
Laws Enacted by the Legislature
Since the Revised Statutes used in this compilation, to which the Board of Supervisors or County, Town or other Officers have relation.
1882.
Chap. 58 fixes compensation of Supervisors as members of Board of Supervisors.
Chap. 68 requires Supervisor receiving or disbursing any funds on account of bonded R. R. indebtedness to give bonds.
Chap. 118, authorizing Board of Supervisors to fix and regulate time for opening and closing the offices of County Officers.
Chap. 196, authorizing the District Attorney, with the approval of the County Judge, to employ counsel in a capital case, cost and expenses to be audited by Board of Supervisors.
Chap. 250, Board of Supervisors may authorize Supervisor, by and with the consent of Town Officers, to borrow money to build and repair highways and bridges.
Chap. 317 confers power upon Board of Supervisors to authorize a highway commission to alter, discontinue, etc., a highway laid out by State, as in other cases.
Chap. 322, in relation to the collection of taxes in Oswego County.
1883.
Chap. 111, Laws of 1883, to provide for the designation of Jus- tices of the Peace as members of Courts of Sessions.
Chap. 122, requiring all votes at town meetings, if sum to be raised exceeds five hundred dollars, to be by ballot.
205
RULES GOVERNING BOARD OF SUPERVISORS.
Chap. 123, as to vacancy in the office, or sickness of District Attorney. Appointment and pay of special.
Chap. 247, burial of honorably discharged soldiers.
Chap. 250, as to uncollected school taxes.
Chap. 317, as to Game and Fish Protectors and Game Consta- bles.
Chap. 346, as to the construction, etc., of bridges over streams, . etc., forming the boundary lines of counties.
Chap. 398, to provide for the purchase of road machine, or other implements for highway work.
Chap. 516, Comptroller to assign certain tax certificates of sale to County.
1884.
Chap. 57, Assessment Rolls. Oaths to, on, completion may be made by majority of Assessors before any officer in county author. ized to administer oaths.
(See same act for form of oath.)
Chap. 133, repeal of law, designating and creating State paper, and provides for publication of legal notices, etc., in county pa pers.
Ch. 141. This Act is thought to be of sufficient practical im- portance to insert in full.
SECTION 1 .- Section five of Chapter 8.5 of the Laws of 1869, entitled "An Act to extend the powers of Boards of Supervisors, except in the counties of New York and Kings, as amended by Chapter 695 of the Laws of 1871," is hereby amended to read as follows :
"The Board of Supervisors of any County, except New York and Kings, may, by a vote of two-thirds of all the members elected thereto, legalize the informal acts of any town meeting in raising money for any purpose for which such money is authorized to be raised by law, and by a like vote to legalize the irregular acts of
206
HISTORY OF ORWELL.
any town officer performed in good faith, and within the scope of his authority, and also to correct any manifest, clerical or other error in any assessments or returns made by any town officer to such Board of Supervisors which shall properly come before such Board for their action, confirmation or review, and it may refund to any person the amount collected from him of any tax illegally or improperly assessed or levied. In raising the amount so re- funded, such Board shall adjust and apportion the same upon the · property of the several towns and wards of the county as shall be just, taking into consideration the portion of State, County, Town and Ward tax included therein, and the extent to which each town or ward has been benefitted thereby."
NOTE .- The power of the Board of Supervisors, under the Act amended (Ch. 855, Laws 1869, as amended by Ch. 695, Laws 1871) as to the matters enumerated, could only be exercised after recom- mendation by the County Court.
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