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SEC. 39. On Tuesday preceding the annual town meet- Same. ing he shall account to the town board for all moneys received and disbursed by him in his official capacity. SEC. 40. At every such accounting, the town board, or Accounts of
supervisor. a majority of them, shall enter a certificate in the supervisor's official book of accounts, showing the state of his accounts at the date of certificate. SEC. 41. If any supervisor shall refuse or shall will- Supervisor,
when disquali. fully neglect to perform any of the duties of his office con-fied. tained in the preceding sections of this act, he shall forfeit to the town, for the benefit of school fund, the sum of $50.00, to be recovered by a suit at law or in equity, and be disqualified to act as the supervisor of said town.
SEC. 42. Assistant supervisors, and supervisors elected Assistant and in the cities of the first and second class, shall have no power visors. or duties as town officers, but shall be members of the county board of their respective counties, and shall have and enjoy the same powers and rights as other members.
SEC. 43. The town clerk of each town in this state shall Duties of town have the custody of all records, books, and papers of the town, and shall file all certificates of oaths and other papers required by law to be filed in his office; and shall have power to administer the oath of office to all town officers; and it is hereby made the duty of the town clerk to administer all oaths which may be required in the transaction of any township business in the town where he may be clerk. Provided, That nothing herein shall be so construed as to deprive any other person qualified by law from administering said oaths.
SEC. 44. The town clerk shall transcribe in the book Same. of records of his town the minutes of the proceedings of every town meeting held therein, and he shall enter in his book every order or direction, and all rules and regulations of any such town meeting.
Town board, duties of.
SEC. 45. The town clerk shall deliver to the supervisor, before the next regular meeting of the board of supervisors of the county, certified copies of all entries of votes for raising money made since the last regular meeting of said
board. Evidence. SEC. 46. Certified copies of all papers filed in the office
of the town clerk, and books of record, shall be evidence in all courts in like manner as the original.
SEC. 47. In each town the supervisor, town clerk, and justices of the peace of the town shall constitute the town board, and shall examine the accounts of the supervisor and overseer of highways for moneys received and disbursed by them, and shall require all town officers to account to them for any and all money received or disbursed by them in their official capacity, and shall examine and audit all charges and claims against the town; and the compensation of all town officers, except the compensation of supervisors for county services. In case of the absence of either or any of said officers, or their failure to attend any meeting of the board, those attending may associate with them the assessor of the town in place of any absentee, who shall act for the time being as member of such board.
Sec. 48. The board shall meet at the town clerk's office for the purpose of examining and auditing the town accounts three times in each year, as follows: On the Tuesday next preceding the annual town meeting, and on the Tuesday next preceding each of the regular meetings of the board of supervisors of the county, and at such other
times as the interests of the town may require. Disposition of SEC. 49. The accounts so audited, and those rejected, if
any, shall be delivered with the certificates of the auditors, or a majority of them, to the town clerk, to be by him kept on file for the inspection of all persons; they shall also be produced by the town clerk at the next annual town meeting, and shall be there publicly read by him.
Meet three times each year.
Sec. 50. Orders for the payment of money shall be orders for drawn on the town treasurer and signed by the town clerk and countersigned by the supervisor.
SEC. 51. The board shall require all accounts presented Verification of to be verified by affidavit, setting forth that the same are correct and just and unpaid.
SEC. 52. Said board shall make a certificate, to be Certificate to signed by a majority of said board, specifying the value of Tax levy. the claim, and to whom the amount is allowed, and shall cause said certificate to be delivered to the town clerk of said town, to be by him kept on file for the inspection of all
persons, and a statement of the aggregate amount shall be delivered to the supervisor of the town, to be by him . laid before the board of supervisors at their regular annual meeting. The board of supervisors shall cause the amount of said charges to be levied upon the property of said town, and collect as other taxes are levied and collected.
SEC. 53. The following shall be deemed town charges, What are town to-wit: The compensation of town officers, for services rendered their respective towns, contingent expenses necessarily incurred for the use and benefit of the town, the moneys authorized by the vote of any town meeting for any town purpose, and every sum directed by law to be raised for town purposes.
SEC. 54. The moneys necessary to defray the town How money charges of each town shall be levied on the taxable property in such town, in the manner prescribed by law for raising
SEC. 55. The following town officers shall be entitled to Fees of officers compensation at the following rates for each day necessarily devoted by them to the service of the town in the duties of their respective offices, to-wit: The town clerk, supervisor, and town assessor shall receive for their services two dollars per day when attending to town business ; Provided,
No fee for ad
That the town clerk shall receive fees for the following, and not a per diem: for serving notices of election as required by law, twenty-five cents each ; filing papers, ten cents each; posting notices as required by law, twenty-five cents each ; for recording any order or instrument of writing authorized by law, five cents for each one hundred words; for copying any record in his office and certifying the same, ten cents for each one hundred words, to be paid by the person applying for the same; and for copying bylaws for posting or publication, five cents for each one hun
dred words. Fees per diem. SEC. 56. The members of the town board shall each be
entitled to two dollars per day each for their services while actually engaged in their duties as members of such board.
Sec. 57. No justice of the peace or town officer shall be ministering oath of offices. entitled to any fee or compensation from any individual
elected or chosen to a town office, for administering to him the oath of office,
SEC. 58. Whenever any controversy or cause of action shall exist between any towns of this state, or between any town and individual or corporation, proceedings may be had and suits brought, either at law or in equity, for the purpose of trying and finally settling such controversies. In all such suits and proceedings, the town shall sue and be sued by its corporate name, except where town officers shall be authorized by law to sue in their name of office for the benefit of the town.
SEC. 59. In all legal proceedings against the town by name, the first process and all other writs or proceedings required to be served shall be served on the supervisor of the town, and whenever any suit or proceeding shall be commenced against the town, it shall be the duty of the supervisor to attend to the defense thereof, and lay before the electors of the town at the first town meeting a full
Town, how sued.
Service of process.
statement of such suit or proceeding for their consideration and direction. SEC. 60. All judgments rcovered against a town or Judgments
against towns, against town officers, in actions prosecuted by or against how paid. them in their name of office, shall not be collected by execution, but shall be a town charge, and when levied and collected shall be paid to the person or persons to whom the same shall have been adjudged.
SEC. 61. The board of supervisors shall meet at such Meetings and times as may be provided by law, and each member thereof visors, shall be allowed, when actually employed, the sum of two dollars per day, and mileage at the rate of five cents per mile for each mile necessarily traveled, and no more, as compensation for his services and expenses in attending the meetings of the board or any other business for the benefit of the county; Provided, That the salary of any member of said board shall in no case exceed seventy-five dollars per annum.
SEC. 62. None of the provisions of this act in regard Does not apply to meeting of electors of their respective towns and their first and second powers shall apply to towns whose limits are co-extensive with cities of the first and second class, but such cities and the inhabitants thereof shall continue to be governed by the laws specially applicable thereto, with such power only as conferred by law or election in the choosing of supervisors, assessors, judges, and clerks of election and other county officers.
Approved February 24th, A.D. 1883.