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THE

REVISED STATUTES

OF THE

STATE OF NEW YORK,

AS ALTERED BY SUBSEQUENT LEGISLATION;

TOGETHER WITH THE

Other Statutory Provisions of a General and Permanent Nature,

(Except the Code of Civil Procedure, the Code of Criminal Procedure, and the Penal Code,)

PASSED FROM THE YEAR 1778

TO FEBRUARY 1, 1889,

And Now in Force;

ARRANGED IN CONNECTION WITH THE SAME OR KINDRED SUBJECTS IN THE REVISED STATUTES;

TO WHICH ARE ADDED

AN ANALYSIS OF THE ENTIRE WORK; REFERENCES TO JUDICIAL DECISIONS UPON
THE DIFFERENT ENACTMENTS; EXPLANATORY NOTES; A FULL AND COM.
PLETE ALPHABETICAL INDEX; AND AN INDEXED TABLE OF THE

STATUTES CONTAINED IN THE WORK.

EDITED BY

MONTGOMERY H. THROOP,

COUNSELLOR AT LAW,

EDITOR OF THE SEVENTH EDITION.

EIGHTH EDITION.

VOLUME II.
CONTAINING THE TENTH, ELEVENTH, Twelfth, THIRTEENTH, FOURTEENTH, FIFTEENTH, SIXTEENTH, AND SEVENTEENTH
CHAPTERS, AND THE FIRST AND SECOND TITLES OF THE EIGHTEENTH CHAPTER OF THE FIRST PART OF

THE REVISED STATUTES, AND THE GENERAL LAWS CONNECTED THEREWITH.

1889.
BANKS & BROTHERS, LAW BOOK PUBLISHERS,
ALBANY, N. Y.

NEW YORK.

Entered according to act of Congress, in the year one thousand eight hundred and fifty-nine,

BY BANKS & BROTHERS,
in the Clerk's office of the District Court of the Northern District of New York.

Entered according to act of Congress, in the year one thousand eight hundred and seventy-five,

BY BANKS & BROTHERS,
in the office of the Librarian of Congress, at Washir.gton.

Entered according to act of Congress, in the year one thousand eight hundred and eighty-two,

BY BANKS & BROTHERS,
in the office of the Librarian of Congress, at Washington.

Entered according to act of Congress, in the year one thousand eight hundred and eighty-nine,

BY BANKS & BROTHERS,
in the office of the Librarian of Congress, at Washington.

154145

ANALYSIS

IN

OF THE SEVERAL CHAPTERS, TITLES AND ARTICLES CONTAINED

VOLUME SECOND.

PART I OF THE REVISED STATUTES–Continued.

PAGE.

823

823

823

824 824

825 827

CHAPTER X.
I R. S.
285 Of the militia, and the public defence

[Repealed.]
Title 104,-The Military Code of the State, and other pro-

visions relating to the national guard
[The Military Code ; L. 1883, Chap. 299] -

Article 1.- Persons subject to military duty...
Article 2.- Enrolment of persons liable to military duty
Article 3.-Organization of the national guard of the State of

New York ....
Article 4.-Staff departments and duties..
Article 5.-Election and appointment of commissioned and

non-cominissioned officers.
Article 6.- Enlistment and transfer.
Article 7.-Discharges of commissioned officers and enlisted men
Article 8.-Of arms, uniforms and equipments.
Article 9.-Armories.
Article 10.— Military duty required..
Article 11.-Invasion, insurrection, and breaches of the peace..
Article 12.-Rifle practice. ....
Article 13.-Pay and allowances.
Article 14.-Military courts..

Article 15.-General provisions...
[Other statutes relating to the national guard)--
Title 10.–Of the bureau of records of the war of the re-

bellion, and the State repository for relics and
memorials of that war.....

830 833 834 836 838 841 844 845 847 849 856 859

869

CHAPTER XI.

877

877 877

336 Of the powers, duties and privileges of towns.. 337 Title 1. Of towns, as bodies corporate......... 337

Article 1.-Of the powers and rights of towns, as bodies corporate. 337

Article 2.-Of the effects of the division of a town, on its corporate rights

and liabilities.. 339 Title II.-Of town-meetings, and the time, purposes and manner

of holding them........ 339

Article 1.-Of annual and special town-meetings.... 342

Article 2.-Of the mode of conducting town-meetings.

878

879 879 884

R. S., Part I-Continued. CHAPTER XI—Continued.

1 R. S. 343

343 344

......

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Title III.—Of the eleetion and qualifications of town officers, and
the tenure of their offices.........

888 Article 1.-Of the election of town officers.....

888 Article 2.-Of the qualifications of town officers, and the tenure of their offices..

889 Article 3.-Of vacancies in town offices and the mode of supplying them. 894 Title 34.- Town business in counties of more than three

hundred thousand inhabitants ......... 895 Title IV.–Of the general duties of certain town officers, and of various matters connected therewith.....

898 Article 1.-Duties of the supervisor..

898 Article 2.-Duties of the town clerk......

900 Article 3.-Of strays ...

901 Article 4.-Of division and other fences ...

903 Article 5.-Of the board of auditors of town accounts.

906 Article 6.-Of the compensation of town officers. ....

911 Title V.-Of legal proceedings in favor of and against towns...... 912 Title VI.-Miscellaneous provisions of a general nature

913 Title VII.—Local and special provisions

927 Title 74 -Provisions relating collectively to towns, villages,

cities, and counties, or any two of them......... 931 Article 1.- Miscellaneous provisions

931 Article 2.-- Provisions relating to debts generally 940 Article 3.—Provisions relating to aid in the construc

tion of railroads, and the debts created
thereby ..

946 Title 70.-Of villages

961 Article 1.-Of the incorporation of villages.

961 Article 2.-Miscellaneous provisions, relating to incor

porated and unincorporated villages,
and the officers thereof..

991 Title 7°-Of cities

1012

CHAPTER XII.

364

364 364 365

365

365 368 371

Of the powers, duties and privileges of counties, and of certain
county officers....

1018 Title 1.-Of counties as bodies corporate ...

1018 Article 1.-Of the powers and rights of counties as bodies corporate ...... 1018 Article 2.-Of the effects of a division of a county, on its corporate rights and liabilities ......

1019 Title II.—Of certain duties of county officers, and of various matters connected therewith

1019 Article 1.-Of the board of supervisors.

1019 Article 2.–Of the county treasurer

1048 Article 3.-Of loan officers and commissioners of loans

1055 (Abrogated.] Article 4.-Of the clerks of counties ......

1055 Also of registers of deeds.

1055 Article 5.–Of sheriffs and coroners ......

1061 Article 6.-Of surrogates...;

1065 Article 7.-Of district-attornies..

1066 Article 7A. -Of the compensation of certain county officers. 1071 Title III.—Of legal proceedings in favor of, and against counties ... 1077 Title IV.--Miscellaneous and special provisions

375

378 382 382

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1078

384 385

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