SECTION III.

TOWNS.

How are towns erected?

By the legislature, until 1849, when power was given to the several boards of super. visors, except in New York county, by a vote of all the members elected, to divide or alter the bounds of any town, or erect new ones when such division does not place parts of the same town in more than one assembly district.

Where are the survey and map of alteration or erection filed?

In the office of the secretary of state.

What officers are elected in each town not excepted by statute?

A supervisor, town clerk, three assessors, a collector, one (or three*) commissioner of highways, four justices of the peace, constables not exceeding five, one (or two*) overseer of the poor, a sealer of weights and measures, two inspectors of election, one overseer of highways in each road district, and as many pound-masters as the electors shall determine.

As the electors may determine.

How are town officers elected?

The supervisor, town clerk, assessors, collector, overseers of the poor, commissioners of highways, and constables shall be elected by ballot.

How shall the remainder be chosen?

Either by ballot, by ayes and noes, or by the rising or the dividing of the electors.

For how long a term are town officers elected? The assessors and highway commissioners* are elected for three years, the justices of the peace for four years, and all others for one year. How are town officers paid?

By fees, or a per diem allowance for the time employed.

What are some of the general duties of supervisors? To receive and disburse the school and certain town moneys; to sue for certain penalties given to his town; to keep account of moneys received and disbursed by him; to account annually to justices and town clerk; to attend meetings of the board of

Where there is but one highway commissioner, he is elected for one year.

supervisors of his county; to receive acts to be laid before the board; to lay before the board of supervisors copies of entries received from the town clerk; to cause survey and map of his town to be made, when required by the state engineer and surveyor, under a forfeiture of fifty dollars; they also form the board of county canvassers.

What are some of the general duties of town clerk?

To keep records, books, and papers of the town, and to file papers; to record minutes of the proceedings of town meetings; to deliver certified copies of certain entries to the supervisor; to return to county clerk names of the constables elected in his town, under a fine of ten dollars; to certify to copies of papers and transcripts.

Who administers the oath of office to a justice of the peace?

The county clerk.

When does his term commence?

Upon the first day of January; unless he is elected to fill a vacancy.

What are some of his powers and duties?

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He may take acknowledgment of conveyances, administer oaths, issue a process against others, hold courts; he must meet with the town board to audit town accounts, and attend town meeting; and one of their number must preside and keep order.

What officers compose the town board?

The supervisor, town clerk, and justices of the peace.

How is the justice paid?

By fees.

What is his jurisdiction?

His territorial jurisdiction extends throughout the county for which he is elected, but he must reside in the town for which he is chosen; and some of the parties, when residents of the county, must reside in the same or adjoining town with the justice, and must not be related within the ninth degree of consanguinity or affinity; and the recovery must not exceed one hundred dollars.

What are the general duties of assessor? They may divide the town into convenient assessment districts; and between the first

days of May and July in each year shall, by inquiry, ascertain the names of all the taxable inhabitants in the town, and the taxable property, real or personal, within the same.

They shall prepare an assessment roll, in which they shall set down in four separate columns, as follows:

In the first column, the names of all the taxable inhabitants in the town.

In the second, the quantity of land to be taxed to each person.

In the third, the full value of such land.

In the fourth, the full value of all the taxable personal property owned by such persons, after deducting the just debts owing to them.

They may, if they deem it necessary, direct a survey of non-resident lands.

They shall complete their roll on or before the first day of August in each year; and, upon its completion, they shall post notices in three or more public places, stating that they have completed their assessment, and that a copy of it is in possession of one of the assessors, where it can be examined until the third Tuesday of August.