S$ 23-25. Ch. 17, G. L. L. 1892, ch. 685. § 23. Insurance of property.- Public officers having by law the care and custody of the public buildings and other property of a municipal corporation, may insure the same at the expense and for the benefit of such corporation. § 24. Free public libraries.—A majority of the taxable inhabitants of a town, city or village, as shown by the last preceding assessment-roll thereof, may petition the governing board of such municipal corporation for the establishment of a free public library therein; which petition shall be approved as to its sufficiency by the county judge of the county in which such municipal corporation is located, by his indorsement thereon, and shall be filed by the clerk of such municipal corporation, in the clerk's office of the county in which such corporation is situated. Upon such petition being made and approved, the governing board of such municipal corporation may, by a resolution, establish and maintain a free public library or reading. room therein, with or without branches, under such regulations as such board may prescribe, and the town, village or city may appropriate for suitable buildings or rooms, and for the foundation of such library or reading-room, a sum not exceeding one dollar for each elector residing therein, at the time such appropriation is made, who voted at the last preceding general election therein; and may also appropriate annually, for the maintenance and increase thereof, or of any public library or reading-room organized pursuant to law, in such town, village or city, a sum not exceeding seventy cents for each such elector therein; and may receive, hold and manage any devise, bequest or donation, for the establishment, increase or maintenance of a free library or reading-room in such municipal corporation. The money so appropriated shall be audited, assessed, levied and collected the same as other town, village or city charges. When a village shall establish a free public library or reading-room, it shall be exempt from any charge for the establishment or maintenance of a library or reading-room in the town in which it is situated. [Governing board of city or village may establish free public library, without previous petition or popular vote; on petition of 25 taxpayers, any municipal corporation may by popular vote establish free public libraries; subsidies, taxes, incorporation thereof, Univ. L., §§ 36-41.] § 25. Acquisition of lands for erection of monuments.- The governing board of a village or town, or the trustees of a monu L. 1892, ch. 685. Ch. 17, G. L. S$ 26-29. ment association, may acquire not to exceed three acres of land, for the erection of a soldiers' monument, or a monument or other structure as a memorial of some distinguishing or important event in the history of the state or nation, and for laying out such lands as a public park or square, if such lands are vacant or have buildings thereon not exceeding two thousand five hundred dollars in value, and if a judge of the county, or a justice of the supreme court of the district, in which such memorial is to be erected, shall give his written approval of the acquisition of such lands for such purpose. [Village or town may acquire lands therefor by condemnation if neces sary, § 22, ante. County may construct monument, Co. L., § 38.] § 26. Leases of public buildings to Grand Army posts.—A municipal corporation may lease, for not exceeding five years, to a post or posts of the Grand Army of the Republic, or other veteran organization of honorably discharged union soldiers, sailors or marines, a public building or part thereof, belonging to such municipal corporation, except school-houses in actual use as such, without expense, or at a nominal rent, fixed by the board or council having charge of such buildings. § 27. Discrimination against non-residents.-Any restriction or regulation imposed by the governing board of a municipal corporation upon the inhabitants of any other municipal corporation within this state, carrying on or desiring to carry on any lawful business or calling within the limits thereof, which `shall not be necessary for the proper regulations of such trade, business or calling, and shall not apply to citizens of all parts of the state alike, except ordinances or regulations in reference to traveling circuses, shows and exhibitions, shall be void. § 28. Laws repealed. Of the laws enumerated in the schedule hereto annexed, that portion specified in the last column is repealed. § 29. When to take effect. This chapter shall take effect on October 1, 1892. L. 1892, ch. 686. Ch. 18, G. L. S$ 1, 2. THE COUNTY LAW, As amended to the commencement of the session of 1896. L. 1392, Ch. 686 — An act in relation to counties, constituting chapter eighteen of the general laws. [Became a law May 18, 1892, taking effect immediately.] CHAPTER XVIII OF THE GENERAL LAWS. Article 1. Counties as corporations. (§§ 1-4.) 2. Boards of supervisors. (§§ 10-38.) 3. Clerks of boards of supervisors. (§§ 50-54.) 4. Duties of boards of supervisors relating to highways and bridges. (§§ 60-80.) 5. County jails. (§§ 90-103.) 6. Dogs. (§§ 110-126.) 7. County treasurers. (§§ 140-149.) 8. County clerks. (§§ 160-165.) 9. Sheriffs and coroners. (§§ 180-190.) 10. District attorneys. (§§ 200-204.) 11. Superintendents of the poor. (§§ 210-211.) 12. County judge, surrogate, special county judge, special surrogate and justice of sessions. (§§ 220-223.) 13. Miscellaneous. (§§ 230-239.) [Thus am. by L. 1894, ch. 644, L. 1895, ch. 756. See Stat. Const. L., § 34, ante, p. 119.] Section 1. Short title. ARTICLE I. COUNTIES AS CORPORATIONS. 2. County a municipal corporation. 3. Actions and contracts in corporate name. 4. Disposition of property, and apportionment of debts on alteration of boundary. SECTION 1. Short title. This chapter shall be known as the county law, but shall not apply to the county of New York. § 2. County a municipal corporation.-A county is a municipal corporation, comprising the inhabitants within its bounda ries, and formed for the purpose of exercising the powers and $3. Ch. 18, G. L. L. 1892, ch. 666. discharging the duties of local government, and the administration of public affairs conferred upon it by law. [General definition of municipal corporation includes a county, Gen.' Corp. L., § 3, sub. 1. County is a municipal corporation within meaning of Gen. Municip. L., see § 1 thereof. Making a county a corporation does not change its liabilities, Albrecht v. Queens Co., 84 Hun 399; seo next section and note thereto.] § 3. Actions and contracts in corporate name.-An action or special proceeding for or against a county, or for its benefit, and upon a contract lawfully made with it, or with any of its officers or agents authorized to contract in its behalf, or to enforce any liability created, or duty enjoined upon it, or upon any of its officers or agents for which it is liable, or to recover damages for any injury to any property or rights for which it is liable, shall be in the name of the county. All contracts or conveyances, by or in behalf of, or to a county, shall be deemed to be in the name of the county, whether so stated or not in the contract or conveyance. [A county, being a corporation, may sue and be sued in like cases as individuals, Const., art. 8, § 3, ante, p. 74. It seems that an action can not be maintained against a county upon a claim arising on contract which the board of supervisors has jurisdiction to audit as a county charge by virtue of §§ 12, sub. 2, 24-5, 230 hereof; that the payment of such a claim can be enforced only by presenting it to the board of supervisors for audit; that such board can be compelled by mandamus to act, and to specify items allowed and rejected (§ 50, sub. 5, post), but, ordinarily, can not be compelled to allow any specific amount; that the jurisdiction of the board of supervisors is original and, as such, exclusive and reviewable only by a court, by mandamus or certiorari; that after the amount of such claim has been thus settled, the only method of enforcing payment is by mandamus to compel the board of supervisors to include the amount in the annual tax levy of the county in accordance with § 232 hereof, and by mandamus to compel the county treasurer to pay the amount from the proceeds of such tax in accordance with Gen. Munic. L., § 20; L. 1880, ch. 554. Taylor v. Mayor, 82 N. Y. 10; Peo. ex rel. Sutliff v. Supervisors, 74 Hun 251; Peo. ex rel. O'Mara v. Supervisors, 40 St. Rep. 238; s. c. aff'd, 43 St. Rep. 77; Peo. ex rel. Bevins v. Supervisors, 82 Hun 298. See, also, Town L., § 162 and note. Claims arising ex delicto are not ordinarily subject to audit by the board of supervisors, but are enforceable only by action directly against the county in its corporate name; the judgment recovered is a county charge, § 230, sub. 17, post; such judgment can not be enforced by execution, but payment thereof is enforceable only by compelling the amount thereof to be included in the tax levy and paid by the county treasurer as in the case of claims audited, Gen. Munic. L, |