1. The amount of compensation audited by the board of supervisors, to the members thereof, severally, within the year, and the items and nature of such compensation as audited.

2. The number of days the board shall have been in session within such year, and the distance travelled by the members respectively, in attending the meeting of the board.

3. Whether any accounts were audited or allowed without being verified according to law, for any member of the board of supervisors, or any other person, and if any, how much, and for what.

And such statement shall be certified by such clerk, and be printed in a newspaper printed in the county, in the manner that the accounts audited by boards of supervisors are now required by law to be printed, within two weeks after said statement shall be so made out, and it shall be the special duty of such clerk to see that the same is so published, and for every intentional neglect so to do such clerk shall be deemed guilty of a misdemeanor.

[Section 15 amends ch. 16 of the R. S. The amendment is incorporated in that chapter as contained in this work.]

Allowances to town collectors. § 16. Town collectors shall be entitled to collect five per cent. fees for all unpaid taxes under the thirtieth section of the act hereby amended, and whenever any such collector shall make return to the county treasurer for any unpaid taxes, he shall add to the several sums so returned by him, five per cent. which shall go to the credit of the county, and be collected with said unpaid taxes; and such collector shall be entitled to receive from the county treasury, and be paid by the treasurer, two per cent. as fees for all taxes so returned by him. The town collectors from the county of Kings, in addition to the percentage and interest authorized by sections five and six of chapter one hundred and fifty-four of the laws of eighteen hundred and forty-one, shall add the amount of their fees which shall go to the credit of the respective towns. [Thus amended by L. 1875, ch. 474, § 1.]

31 Hun, 500.

(L. 1875, ch. 474, § 2. The provisions of section sixteen of said act, as amended under section one, are hereby made applicable to the county of Kings, and section twenty-six of said act is repealed in so far as it may conflict with such application.)

Courts to charge grand juries respecting fees. § 17. It shall be the duty of every court at which a grand jury shall be summoned, to charge such jury specially to inquire into any violations of law by public officers in demanding, charging or receiving fees to which they are not entitled by law.

Secretary of state to publish in pamphlet all the laws relative to highways. § 18. It shall be the duty of the secretary of state to cause all the general statute laws of the state which relate to highways and private roads, to be printed in pamphlet form and stitched, together with such forms and instructions as he may deem necessary, and cause a sufficient number of copies thereof to be sent to the several county clerks, to furnish one for each county clerk's office and town clerk's office in the state, and one to each commissioner of highways of the several towns.

Allowance to town clerks. § 19. Town clerks shall be allowed the sum of fifty cents for drawing and certifying a jury as provided by this act, and a constable for summoning such jury shall be allowed two dollars, except when the jury shall be taken from the same town wherein the road is located, in which case he shall be allowed only one dollar. And jurors who shall be summoned from an adjoining town, and shall attend but not serve, shall be entitled each to fifty cents, and if they shall serve, then one dollar; if from the same town and shall attend and not serve twenty-five cents; if they shall serve, then fifty cents each.

Vacancies how to be supplied. § 20. If for any cause any commissioner or referee appointed under this act shall be prevented from serving, or shall refuse to serve, the court or officer who appointed him shall have power to appoint another to supply his place.

Orders to be filed in town clerk's office. § 21. All orders for the appointment of commissioners or referees under this act shall be filed and recorded in the office of the town clerk of the town in which the road shall be located.

[Sec. 22 amends chapter 16 of the R. S. The amendment is incorporated therein, post.] Damages assessed to be audited by board of supervisors. § 23. All damages which may be finally assessed or agreed upon by commissioners of highways for the laying out of any road except private roads, shall be laid before the board of supervisors by the supervisor of the town to be audited with the charges of the commissioners, justices, surveyors or other persons or officers employed in making the assessment and for whose services the town shall be liable, and the amount shall be levied and collected in the town in which the road is located, and the money so collected shall be paid to the commissioners of such town, who shall pay to the owner the sum assessed to him, and appropriate the residue to satisfy the charges aforesaid.

20 N. Y., 256; 42 Barb., 263.

Town auditors to make abstracts of accounts for clerk of supervisors. § 24. It shall be the duty of boards of town auditors to make annually brief abstracts of the names of all persons who have presented to said board accounts to be audited, the amounts claimed by each of said persons, and the amounts finally audited by them respectively, and shall deliver said abstracts to the clerk of the board of supervisors, and the said clerk shall cause the same to be printed with the statements required to be printed by him by the fourteenth section of this act.

Repeal. § 25. The eighth, tenth, and eleventh sections of the act hereby amended, and all laws inconsistent with any of the provisions of this act, are hereby repealed.

Counties excepted. § 26. Nothing in this act contained shall apply to the counties of Kings, Queens, Suffolk or New York.

[See, as to Kings county, L. 1875, ch. 474, § 2, ante, p. 922.]

L. 1847, Chap. 482-An act to amend the twenty-ninth section of the act entitled "An act to reduce the number of town officers and town and county expenses, and to prevent abuses in auditing town and county accounts," passed May 10, 1845.

Collectors' fees in certain cases. SECTION 1. The twenty-ninth section of the act entitled "An act to reduce the number of town officers and town and county expenses, and to prevent abuses in auditing town and county accounts," passed May 10, 1845, is hereby amended so as to allow town collectors two per cent fees on all voluntary payments made to them within the thirty days as now provided by law in all cases where the aggregate amount to be collected by warrants when put into their hands shall not exceed the sum of two thousand dollars.

[This act is probably nugatory now, as § 29 was amended by L. 1876, ch. 96. See ante, p. 919.]

L. 1832, Chap. 222-An act to authorise the formation of fire companies.

Companies how to be formed. SECTION 1. The supervisors and justices of the peace for the time being of any town in this state, may appoint in writing any number of the inhabitants of the said town, not exceeding forty to each fire engine, which may be procured for the extinguishment of fires in the said town: the persons so appointed shall be firemen of said town, but no such company shall be formed pursuant to this act in any incorporated city or village and all such firemen and all the members of any fire company or of any hook and ladder company, appointed pursuant to any law of this state, shall while they are such firemen or

members, be exempt from serving on juries in courts of record and except in cases of war, insurrection or invasion, from militia duty. [Thus amended by L. 1845, ch. 244.]

Captain. § 2. Each fire company thus formed shall choose a captain and clerk thereof, and may establish such by-laws and regulations as may be necessary to enforce the performance by said firemen of their duty, and may impose such penalties, not exceeding five dollars for each offence, as may be necessary for that purpose.

Penalties. § 3. Such penalties may be collected by and in the name of the said captains in any court having cognizance thereof, and when collected, shall be expended by said companies for the repair and preservation of their engines and apparatus.

Vacancies. § 4. All vacancies which may at any time happen in said companies by death, resignation or otherwise, shall from time to time be filled by the supervisors and justices aforesaid.

L. 1847, Chap. 197 — An act authorizing the erection of town houses. Money may be voted at town-meetings to buy sites. SECTION 1. The electors of any town of this state in which there shall not be a town house, at any annual townmeeting, or at a special town-meeting called by the town clerk, in the manner provided in sections seven and eight of article one, title two, chapter eleven, part one, Revised Statutes, may, by resolution, vote a sum of money for the purchase of a site for and the building of a town house, or for the purpose of contributing to the erection of a building for the joint use of such town and of an incorporated village within its limits, not exceeding in number of dollars twice the number of electors in such town; provided that a notice of such intention to propose such a resolution shall have been posted within fifteen days of and not less than ten days preceding said meeting in five of the public places in said town. [Thus amended by L. 1884, ch. 456.]

Amount to be raised by tax. § 2. Upon proper representation of the action of any town under the first section of this act, the board of supervisors of the county in which such town is situated, may cause the sum so voted, to be collected with the other expenses of said town; or may require the question to be again submitted to the electors of said town at the next annual town-meeting.

Erection and control of town houses. §3. Conveyances for sites shall be made to the towns; sites shall be purchased and houses erected by the supervisor, town clerk, and the justices of the town, and the house shall be controlled by the supervisor and the justices of the peace, or a majority of them, and the electors may, from time to time, vote such sum of money as may be necessary to keep any town house in repair and insured. [Thus amended by L. 1879, ch. 267.]

Money to be raised. § 4. The board of supervisors in any county, may in their discretion, cause any money or any portion thereof, voted by towns before the passage of this act, for building town houses, to be raised in said towns for such

purpose.

L. 1884, Chap. 456 – An act to amend chapter one hundred and ninetyseven of the laws of eighteen hundred and forty-seven, entitled "An act authorizing the erection of town houses," passed May fifth, eighteen hundred and forty-seven.

[Section 1 amends L. 1847, ch. 197.]

The last statute qualified as to incorporated village; contribution of town. § 2. Section three of said chapter one hundred and ninety-seven of the laws of eighteen hun

dred and forty-seven, as amended by chapter two hundred and sixty-seven of the laws of eighteen hundred and seventy-nine, shall not apply where the building is to be erected within the limits of an incorporated village, and such town shall contribute but a part to the expense of erecting such building. But such contribution by such town shall be made upon such terms and conditions as to the use, management and control of the respective portions of such town house, for town and village purposes respectively to be agreed upon by and between the board of trustees of such village and the town board of such town.

L. 1870, Chap. 552 – An act in relation to towns having a public debt. Annual reports to board of supervisors. SECTION 1. Whenever a town has a public debt, consisting of bonds or other evidences of debt issued on the credit of said town, it shall be the duty of the supervisor thereof, and he is hereby directed and required, to make a report to the board of supervisors of the county at the next annual session thereof, after the passage of this act, and at every annual session thereafter, of the amount of the public debt of his said town.

Form of reports. § 2. The said report shall be in tabular form, specifying the different acts under which the bonds or debts were issued, with the rate of interest thereon, the amount unpaid at the time of the election of such supervisor, and the amount of debt paid at the date of his said report, and coming due during his term of office.

Publication of reports. § 3. The report so made to the board of supervisors shall be published in the annual report of the proceedings of said board.

Duplicate reports to the towns. § 4. It shall also be the duty of such supervisor, and he is also directed and required, at the expiration of his term of office, at the annual town-meeting for the election of town officers, to make and present thereto a duplicate copy of his report of the public town debt so made to the said board of supervisors, including and adding thereto, the amount of bonds issued, and the amounts and interest paid since the date of said report up to the day and date of his term of office, duly attested before a justice of the peace of his said town, and which said report shall be filed in the town clerk's office of the town, subject to the inspection, when required of any elector thereof.

Cancellation of bonds. § 5. All such bonds, and coupons thereof paid, shall be cancelled and burned by the town auditors of the town, at a meeting thereof to be held for that purpose within ten days previous to the annual town-meeting; and a record thereof shall be filed, signed by the said board, in the office of the clerk of said town.

Penalty for neglect of duty. § 6. Any supervisor or other officer neglecting or refusing to perform any duty imposed by this act shall be deemed guilty of a misdemeanor, and shall forfeit upon conviction the sum of two hundred and fifty dollars for such offense, and be imprisoned not exceeding sixty days.

L. 1872, Chap. 513- An act to provide for the erection of houses of detention or lock-ups in the several towns in the state.

Electors may direct erection of lock-ups. SECTION 1. The electors of each town in this state shall have power, at their annual town-meeting, to direct the erection of one or more houses of detention or lock-ups for the detention of persons committed by the magistrates thereof, and to direct such sums to be raised in such

town by tax for the expense of building or of maintaining the same, as they may deem necessary.

Lock-ups, for what purpose to be used. § 2. Said houses of detention or lock-ups may be used for the purpose of keeping and confining all persons temporarily arrested by any constable or officer in said towns or committed by any magistrate of said towns, and may be used for keeping and confining any and all persons arrested or committed for any crime in said towns the same as in any county jail, except that no person shall be confined therein after final commitment to serve out any sentence of the court after he shall be found guilty of any offence.

L. 1873, Chap. 46 - An act to provide for the laying out, improvement and preservation of burial grounds in the several towns of the state. Electors may choose trustees. SECTION 1. The electors of each town in the state of New York shall have power, at any annual town-meeting to choose three or five. persons to act as a board of trustees of any burying ground or burying grounds, within the limits of and belonging to the town, as said electors may designate; and to authorize and direct the supervisor of the town to convey by deed to the said board of trustees and their successors in office, for the purposes hereinafter mentioned, the lands already composing such ground or grounds, and also any other lands that may be hereafter acquired for the purpose of enlarging such ground or grounds. The said electors shall also have the power, as aforesaid, to fill any vacancies that may occur in the said board of trustees.

Trustees to lay out grounds and sell lots; lots to be set aside for free interments. § 2. The said board of trustees shall lay out into burial lots such ground or grounds conveyed to them as aforesaid, and likewise any lands that may hereafter be conveyed to them for the purpose of enlarging such ground or grounds aforesaid; and within one year after the said conveyance to them they shall cause to be recorded in the office of the clerk of the county in which they reside, a plot or plots, of the ground or grounds so laid out by them, as aforesaid, which shall clearly indicate the number and location of the several lots, which plot or plots shall be duly certified to under the hands and seals of the chairman and secretary of the board, and acknowledged before an officer authorized to take proof and acknowledgment of deeds. They shall designate and set aside certain lots which shall be free for the interment of the remains of indigent persons, deceased, and shall sell and convey, by direction of a majority of said board, under the hands and seals of its chairman and secretary, burial lots on such terms as may be agreed upon between the parties, and expend the moneys realized from such sale in improving and preserving the particular burial ground from the sale of whose lots the moneys were received.

Not to affect certain burial grounds, etc. §3. Nothing contained in this act shall affect any rural cemetery association, nor any burying ground for which a special act of the legislature has made provisions inconsistent with the provisions of this act.