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COUNTY LAW

L. 1909, Ch. 16. "AN ACT in relation to counties constituting chapter eleven of the Consolidated Laws."

(In effect February 17, 1909.)

CHAPTER 11 OF THE CONSOLIDATED LAWS

[Formerly L. 1892, Ch. 686, being chapter 18 of the General Laws.]

'Article 1. Short title (§ 1).

2. Counties as corporations (§§ 2-5).

3. Boards of supervisors (§§ 10-44).

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 (§§ 200–205).

12. County attorneys (§ 210).

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

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

15. Miscellaneous (S$ 240-248).

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 Laws repealed; when to take effect (§§ 260, 261).

Section 1. Short title.

66

ARTICLE 1

Short Title

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

Formerly L. 1892, ch. 686, § 1 part.

Explanation. For location and disposition of former sections of the County Law see L. 1892, Ch. 686, in "Consolidated Schedule of Repeals," Vol. 7.

§§ 2-5

Counties as Corporations.

ARTICLE 2

Counties as Corporations

Section 2. Application of this chapter.

3. County a municipal corporation.

4. Actions and contracts in corporate name.

Art. 2

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 spe cifically provided.

Formerly L. 1892, ch. 686, § 1 part.

§ 3. County a municipal corporation. A county 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.

Formerly L. 1892, ch. 686, § 2.

§ 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.

Formerly L. 1892, ch. 686, § 3.

§ 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. The 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.

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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 the case may require, who shall execute the same as if such division had not been made; and such judgments may be revived, and the like proceedings had thereon, as if such county had not been divided.

Formerly L. 1892, ch. 686, § 4. R. S., pt. 3, ch. 8, tit. 17, § 35, incorporated.

ARTICLE 3

Boards of Supervisors

Section 10. Meeting and organization of boards of supervisors. 11. Penalty for neglect.

12. General powers.

13. Limitation of credit.

14. Resolutions authorizing issue of obligations.

15. Legalization of informal acts.

16. Correction of assessments, and returning and refunding of illegal taxes.

17. Powers, how exercised.

18. Publication of acts of board.

19. Printing and distribution of proceedings of board.

20. Designation of newspapers for publication of session laws.

21. Compensation for publication of local laws.

22. Election notices and official canvass.

23. Compensation of supervisors.

24. Form and presentation of accounts against the county. 25. Additional requirements.

26. County records.

27. Examination of witnesses and officers by the board.

28. Committee of board.

29. Adjournment.

30. Filing and enforcement of undertaking.

31. Location of county buildings.

32. Proceedings on petition.

33. How submitted to vote.

34. After destruction of poor-house, petition for change

of site.

$§ 10, 11

Boards of Supervisors.

Art. 3

Section 35. Alteration and erection of towns. 36. First election in new town.

37. Establishment of disputed town lines.

38. Fire districts outside of incorporated villages.
39. Effect of incorporation of village within limits of fire
district.

40. Soldiers' monument.

41. Temporary loans; issue of obligations therefor.

42. Supervisors to furnish necessaries for term of county

court.

43. Board may establish county laboratory.

44. Compensation and removal of bacteriologist and assistants.

§ 10. Meeting and organization of boards of supervisors. The supervisors of the cities and towns in each county, when lawfully convened, shall be the board of supervisors of the county. They shall meet annually, at such time and place as they may fix, and may hold special meetings at the call of the clerk, on the written request of a majority of the board, and whenever required by law. A majority of the board shall constitute a quorum. They may adjourn from time to time, and their meetings shall be public. At the annual meeting they shall choose one of their number chairman for the ensuing year. In his absence at any meeting they shall choose a temporary chairman to serve during such absence. They shall appoint a clerk to serve during their pleasure, and until his successor is appointed; and shall fix his compensation. They may compel the attendance of absent members at their meetings, make rules for the conduct of their proceedings, and impose and enforce penalties for the violation thereof, not exceeding fifty dollars for each offense.

The provisions of this section relating to the appointment of a clerk and the fixing of his compensation shall not apply to counties having a population of over fifty thousand inhabitants and less than fifty-four thousand inhabitants according to the last federal enumeration.

Formerly L. 1892, ch. 686, § 10. Last sentence written from L. 1903, ch. 266, § 6, as added by L. 1904, ch. 574, § 1.

§ 11. Penalty for neglect. If any supervisor shall refuse or neglect to perform any of the duties which are or shall be required of him by law, as a member of the board of supervisors, he shall for every such offense forfeit the sum of two hundred and fifty dollars to the county. For a refusal or neglect to

Art. 3

Boards of Supervisors.

§ 12

perform any other duty required of him by law, he shall for every such offense forfeit a like sum to the town.

Formerly L. 1892, ch. 686, § 11.

§ 12. General powers. The board of supervisors shall: 1. Have the care and custody of the corporate property of the county.

2. Audit all accounts and charges against the county, and direct annually the raising of sums necessary to defray them in full. Formerly L. 1892, ch. 686, § 12, subd. 2, as am'd by L. 1908, ch. 410, § 1.

3. Annually direct the raising of such sums in each town as shall be necessary to pay its town charges.

4. Cause to be assessed, levied and collected, such other assessments and taxes as shall be required of them by any law of the

state.

5. Fix the salaries and compensation of county treasurers, district attorneys and superintendents of the poor of their county, which shall be a county charge, and not be changed during the term of any such officer; and prescribe the mode of appointment, and fix the number, grade and pay of the clerks, assistants and employees in such offices, when not otherwise fixed by law, which shall be a county charge.

6. Borrow money when they deem it necessary, for the erection of county buildings, and for the purchase of sites therefor, on the credit of the county, and for the funding of any debt of the county not represented by bonds, and issue county obligations therefor, and for other lawful county uses and purposes; and authorize a town in their county to borrow money for town uses and purposes on its credit, and issue its obligations therefor, when, and in the manner, authorized by law.

7. Make such laws and regulations as they may deem necessary for the destruction of wild and noxious animals and weeds within the county.

8. Provide for the protection and preservation, subject to the laws of the state, of wild animals, birds and game, and fish and shell-fish, within the county; and prescribe and enforce the collection of penalties for the violation thereof.

9. Divide any school commissioner's district within the county which contains more than two hundred school districts, and erect therefrom an additional school commissioner's district, and when such district shall have been formed, a school commissioner for the district shall be elected in the manner provided by law for the election of school commissioners.

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