(a) Elect town officers; "for all

towns

town officers

shall be elected by the electors of such

" (Art. X., Sec. 2). Every elector of a town is eligible to any town office, except that no county treasurer, school commissioner or school trustee is eligible to the office of supervisor.

(b) Direct the prosecution or defense of law suits in the name of the town.

(c) Raise money for support of town paupers.

(d) Provide for the construction of roads and bridges. (e) Make proper rules for the destruction of weeds and wild animals, the removal of nuisances and the exercise of the corporate powers of the town.

Any legislative act may be performed at a special town meeting called for the purpose by the supervisor and certain other officers, or upon the application of twenty-five resident taxpayers.

Benefit of Town Meeting.-It is a great benefit for every private individual thus to have the right to take part in legislation. It educates him as to his public duties, causes him to realize his responsibilities as a citizen and to appreciate the democratic character of our institutions. Thomas Jefferson said that towns and town meetings "have proved themselves the wisest invention ever devised by the wit of man for the perfect exercise of selfgovernment and for its preservation."

2. THE EXECUTIVE BRANCH.

The Executive Officers.-The executive officers of a town are elected for terms of two years, and are:

A Supervisor, who acts in two capacities-first, as the

chief executive officer of the town; and second, as the town's representative in the county legislature, the board of supervisors. When acting in the first capacity, he receives a compensation of two dollars per diem; when acting for the county, four dollars per diem. The Supervisor is the chief financial officer of the town, and pays out all moneys except those raised for highways and bridges and the support of the poor. He is a member of the town board (see page 82), and once in three years prepares, with the aid of the town clerk and assessors, a list of persons eligible as jurors.

A Town Clerk, who receives as compensation two dollars per diem when engaged in town business, besides fees for the performance of certain duties. He is the custodian of the records of the town meetings, preserves the records of births, deaths and marriages, and files oaths, certificates, chattel mortgages and such other papers as are required by law to be filed in his office. He is a member of the town board, and with the assessors he assists the supervisor in preparing lists of jurors. His office is very similar to that of the vestry clerk of the old English parish.

Three Assessors, who receive as compensation two dollars per diem for services rendered. With the town clerk they assist the supervisor in preparing jury lists. Their other duties will be considered in the chapter on Taxation. (See page 124.)

A Collector, who receives as compensation certain fees and a commission upon all moneys collected by him. His duties will be considered in the chapter on Taxation. (See page 126.)

One or two Overseers of the Poor, as determined by the town meeting, who receive as compensation two dollars per diem. It is their duty to care for the town poor and disburse the money raised for that purpose.

One or three Commissioners of Highways, as determined by the town meeting, who receive two dollars per diem. It is their power and duty to keep the roads and bridges in repair, to expend money raised by taxation for highway purposes, to divide the town into road districts and appoint for each a competent person, known as a pathmaster, who shall act as foreman on the highways in that district.

Not more than five Constables, who are paid by fees for services. They are peace officers, and are also charged with the execution of the judgments and other orders of justice courts.

The Town Board.-Besides these regular official duties, the supervisor, town clerk and two or more of the justices of the peace meet as a Town Board, which is a board of audit, to pass upon the accounts of the town officers and charges and accounts presented against the town. In some towns three Auditors, elected at the town meeting, perform these duties, but the Town Board is the institution which generally prevails throughout the State.

Fence Viewers.-The assessors and commissioners of highways are the Fence Viewers in each town. They are empowered to settle questions concerning division fences between adjoining owners, and the killing of sheep by dogs. The Fence Viewers receive fees for their services.

3. THE JUDICIAL BRANCH.

Justices of the Peace.-Four Justices of the Peace are elected for terms of four years. As judicial officers they receive fees. They are also members of the town board, and when acting as such receive two dollars per diem. Their judicial powers have already been described. (See page 61.)

2. THE COUNTY.

1. THE LEGISLATIVE BRANCH.

The Board of Supervisors.-The county government in New York differs from that of the town, in that its legislative body, known as a Board of Supervisors, is composed of representatives; but in case a city has the same boundaries as a county, then the city legislature performs the duties of the Board of Supervisors. The Constitution says:

There shall be in the several counties, except in cities whose boundaries are the same as those of the county, a board of supervisors, to be composed of such members, and elected in such manner, and for such period, as is or may be provided by law. In any such city the duties and powers of a board of supervisors may be devolved upon the common council or board of aldermen thereof. (Art. III., Sec. 26.)

The board meets annually. The members organize by electing one of their number chairman, and by appointing a clerk, who keeps the record of their meetings; and the chairman, to facilitate the business of the board, appoints a number of standing committees, as is done in Congress and the Legislature. The Constitution further provides that:

The Legislature shall, by general laws, confer upon the boards of supervisors of the several counties of the State such further powers of local legislation and administration as the Legislature may from time to time deem expedient. (Art. III., Sec. 27.)

Powers of the Board.-Boards of Supervisors, therefore, have been empowered by the Legislature to: (1) Have care and custody of county property, such as courthouses, jails, etc.; (2) audit charges against the county; (3) levy taxes for county and town purposes and for the county's portion of state tax; (4) make appropriations; (5) fix salaries of county officers; (6) borrow money on credit of the county, up to amount fixed by law; (7) divide the county into school and assembly districts; (8) make contracts for the county; and (9) make proper laws relative to weeds, animals, fish and game. Besides the foregoing, the Board of Supervisors prepares annually a list of three hundred men to serve as grand jurors for the ensuing year, and the members also act after each general election as a County Board of Canvassers. (See page 144.)

2. EXECUTIVE BRANCH.

The Executive Officers of a county are a Sheriff, a County Clerk, a County Treasurer, a District Attorney, and a Superintendent of the Poor.

Sheriffs, clerks of counties, district attorneys, and registers in counties having registers, shall be chosen by the electors of the respective counties, once in every three years and as often as vacancies shall happen, except in the counties of New York and Kings, and in counties whose boundaries are the same as those of a city, where such officers shall be chosen by the electors once in every two or four years as the Legislature shall direct. Sheriffs shall hold no other office, and be ineligible for the next term after the termination of their offices.

The