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330
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330 § 29 ad '10 c 590

thereof, be liable to be punished by a fine of not less than one hundred dollars nor more than three thousand dollars, or to be imprisoned not less than ten days nor more than two years, or to both said fine and said imprisonment in the discretion of the court. The phrase "public officer" shall be held to include all public officials in this state, whether paid directly or indirectly from the public treasury of the state, or from that of any civil division thereof, or by fees or otherwise; and the phrase "public employee" shall be held to include every person not an officer who is paid from any said treasury.

§ 28. Taxpayer's action. The right of any taxpayer to bring an action to restrain the payment of compensation to any person appointed to or holding any office, place or employment in violation of any of the provisions of this chapter, shall not be limited or denied by reason of the fact that said office, place or employment shall have been classified as, or determined to be, not subject to competitive examination; provided, however, that any judgment or injunction granted or made in any such action shall be prospective only, and shall not affect payments already made or due to such persons by the proper disbursing officers, in accordance with the civil service rules in force at the time of such payments.

ARTICLE 3

Classification of State Employees

Section 40. Application.

41. Classification of employees in grades.

42. Salaries for each grade.

43. Extra salary or compensation prohibited.
44. Temporary service.

45. Appointments and promotions.

§ 40. Application. The provisions of this article shall apply to all clerks, bookkeepers, stenographers, copyists, messengers and other employees whose duties are of a clerical character in all the state departments, bureaus, commissions and offices, except those otherwise fixed by law, or whose salaries were January first, nineteen hundred and one, more than the maximum fixed herein.

§ 41. Classification of employees in grades. All clerks, bookkeepers, stenographers, copyists, messengers, pages or other employees performing clerical service in the state departments, bureaus, divisions, commissions and other offices excepting deputies, heads, chiefs and assistant heads and chiefs of divisions or bureaus

shall be classified in one of the following grades, in accordance with the appropriations made by the legislature for such purpose.

§ 42. Salaries for each grade. The annual salaries of employees for each grade shall not be to exceed the following: First grade, three hundred sixty dollars; second grade, four hundred eighty dollars; third grade, six hundred dollars; fourth grade, seven hundred twenty dollars; fifth grade, nine hundred dollars; sixth grade, twelve hundred dollars; seventh grade, fifteen hundred dollars; eighth grade, eighteen hundred dollars; ninth grade, twenty-one hundred dollars; tenth grade, twenty-four hundred dollars.

§ 43. Extra salary or compensation prohibited. No person holding a position or employed in any department, bureau, commission or office to which this article applies and for which a definite salary or compensation has been appropriated or designated, shall receive any extra salary or compensation in addition to that so fixed.

§ 44. Temporary service. All departments, bureaus, commissions or offices which have been granted an appropriation for temporary clerical service, may appoint in accordance with the provisions of this article employees in any of the grades heretofore specified below the eighth grade, which employees shall be paid from the special appropriation made for such purpose, but from no other fund.

Original ap

§ 45. Appointments and promotions. pointment to the position of clerk, bookkeeper, stenographer, copyist or messenger shall be made so far as practicable to the lowest grade established in the department, bureau, commission or office in which the appointment is made, and no position above such grade shall be filled by original appointment of a person not in the service, if there is employed in the same office or department in a similar position in a lower grade any person who is competent to perform the duties of the higher position who can be promoted. Promotion shall be made by successive grades so far as practicable, and no person shall be promoted to a position in the higher grade who has not served at least six months in the next lower grade.

ARTICLE 4

Laws Repealed; When to Take Effect

Section 60. Laws repealed.

61. When to take effect.

§ 60. Laws repealed. Of the laws enumerated in the schedule hereto annexed, that portion specified in the last column is hereby repealed.

§ 61. When to take effect. This chapter shall take effect

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COUNTY LAW

Laws 1909, Chap. 16.

*in relation to counties, constituting chapter eleven of the consolidated laws.

Became a law, February 17, 1909, with the approval of the Governor. Passed, three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

CHAPTER 11 OF THE CONSOLIDATED LAWS

COUNTY LAW

Article 1. Short title (§ 1).

2. Counties as corporations (§§ 2-5).

3. Boards of supervisors (§§ 10-49-e).

4. Clerks of boards of supervisors (§§ 50-54).

5. Duties of boards of supervisors relating to highways and bridges (§§ 60-80).

6. County jails (§§ 90-101).

7. Dogs (§§ 110-136).

8. County treasurers (§§ 140-153).

9. County clerks (§§ 160-169).

10. Sheriffs and coroners (§§ 180-195).

11. District attorneys (SS 200-205).

12. County attorneys (§ 210).

13. Superintendents of the poor (§§ 220, 221).

14. County judge, surrogate, special county judge and special surrogate (§§ 230-233).

14-a. County comptroller (§§ 234-239-a).

15. Miscellaneous (§§ 240-248).

16. Laws repealed; when to take effect (§§ 260, 261).

Section 1. Short title.

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ARTICLE 1

Short Title

§ 1. Short title. This chapter shall be known as the County Law."

* Words "An Act" omitted in original.

ARTICLE 2

Counties as Corporations

Section 2. Application of this chapter.

3. County a municipal corporation.

4. Actions and contracts in corporate name.

5. Disposition of property, apportionment of debts and collection of judgments on alteration of boundary.

§ 2. Application of this chapter. This chapter shall not apply to the county of New York, except as hereinafter specifically provided.

A county

§ 3. County a municipal corporation. is a municipal corporation, comprising the inhabitants within its boundaries, and formed for the purpose of exercising the powers and discharging the duties of local government, and the administration of public affairs conferred upon it by law.

§ 4. Actions and contracts in corporate name. An action or special proceeding for or against a county, or for its benefit, and upon a contract lawfully made with it, or with any of its officers or agents authorized to contract in its behalf, or to enforce any liability created, or duty enjoined upon it, or upon any of its officers or agents for which it is liable, or to recover damages for any injury to any property or rights for which it is liable, shall be in the name of the county. All contracts or conveyances, by or in behalf of, or to a county, shall be deemed to be in the name of the county, whether so stated or not in the contract or conveyance.

The

§ 5. Disposition of property, apportionment of debts and collection of judgments on alteration of boundary. When a county is divided or its boundary changed, its real property shall become the property of the county, within whose limits it lies after the change. personal property and debts of such county shall be apportioned between the counties interested, by the supervisors thereof, or by the committees of their respective boards appointed for that purpose, subject to the approval of such boards; and the debts shall be charged on each county, according to such apportionment.

Any judgment recovered previous to such division, or after such division in proceedings instituted previous thereto, in the county court or before any justice of the peace may be collected by execution to be issued to the sheriff of the county where such judgment shall have been rendered, or to a constable thereof, as

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