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Clerks of Boards of Supervisors.

S$ 38-50

appear upon the last preceding assessment-roll of the town or towns, owning or representing more than one-half of the taxable property of said district shall consent in writing to such change. (As amended by chap. 937 of 1895, chap. 902 of 1896, § 1, and chap. 329 of 1897, § 1.)

$38. Soldiers' monument.-Any such board may also, by a vote of two-thirds of its members, raise and appropriate such moneys as it may deem necessary, for the erection within the county of public monuments, in commemoration of the federal soldiers and sailors in the late war of the rebellion, or of any other public person or event, and for repairing and remodeling such monuments; all moneys so raised shall be expended by direction of the board of supervisors; but no county officer shall receive any compensation for services rendered pursuant to this section.

ARTICLE III.

CLERKS OF BOARDS OF SUPERVISORS.

SECTION 50. Duties.

51. Annual statement.

52. Report of county indebtedness.

53. Statement of railroad, telegraph, telephone, and electric light

taxes.

54. Forfeiture.

§ 50. Duties.-Clerks of boards of supervisors shall :

I. Record in books provided for the purpose all the proceedings of such board.

2. Make regular entries of all their resolutions or decisions. 3. Record the vote of each supervisor on any question submitted to the board, when the law authorizing the vote requires an entry of the yeas and nays, and in other cases if required by any member present.

4. File and preserve all accounts acted upon by the board.

5. Designate upon every account audited and allowed by the board the amount so audited and allowed,and the items or amount disallowed; and deliver to any person who may demand it, a certified copy of any account on file in his office, on receiving from such person eight cents per folio therefor.

6. Keep the books and papers of the board open to public inspection without charge.

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7. Transmit to the librarian of the State Library at Albany, a copy of the proceedings of such board, annually, and within twenty days after the same shall be published.

8. Prepare the tax-rolls under the direction of the board.

9. Perform such other duties as may lawfully be required of him by the board.

51. Annual statement.-The clerk shall annually, on or before the first day of January, make out and certify, and within two weeks cause to be published in a newspaper printed in the county, with the abstract of accounts furnished by town auditors, a statement for the preceding year, containing:

1. An abstract of all county accounts presented to the board at its last annual meeting, allowed or disallowed, with the amount claimed and allowed, and the name of each person presenting the same, and the general nature of the account.

2. The amount, items and nature of all compensation, audited by the board to each member thereof.

3. The number of days the board was in session, and the distance traveled by each member in attending the same.

52. Report of county indebtedness.-The clerk shall annually on or before the second Monday in December, transmit to the comptroller by mail, in the form which the comptroller shall prescribe, a certified statement of all the indebtedness of his county, and of each town, city, village and school district therein, and of the aggregated valued amount of real and personal estate in each town or ward, as corrected by the board of supervisors, and it shall be the duty of the person or persons charged with the issue or payment of such indebtedness to transmit a statement of the same to the said clerk annually, on or before the first day of November. The provisions of this section shall also apply to the county of New York. (As amended by chap. 310 of 1895, 1.)

§ 53. Statement of railroad, telegraph, telephone and electric-light taxes.-The clerk shall, within five days after the making out, or issuing of the annual tax-warrant by the board of supervisors, prepare and deliver to the county treasurer of his county, a statement showing the title of all railroad corporations and telegraph, telephone and electric-light lines in such county, as appear on the last assessment-roll of the towns or cities therein, the valuation of the property, real and personal, of such corporation and line in each town or city, and the amount of tax

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74. Highways in counties of more than 300,000 acres of unimproved land.

75. Appropriation of certain non-resident highway taxes.

76. Balance of state appropriations

77. Alteration of state roads.

78. Further powers.

79. Power as to tires on vehicles.

80. Abandoned turnpike, plank and macadamized roads.

81. Boundary lines.

60. Limitation of article.-This article shall not apply to bridges on the Hudson river below Waterford, or on the East river, or over the waters forming a part of the boundaries of the

state.

§ 61. County highways and bridges.—A board of supervisors shall, on the application of twenty-five resident tax-payers, when satisfied that it is for the interest of the county, lay out, open, alter, or discontinue a county highway therein, or cause the same to be done, and construct, repair, or abandon a county bridge therein, or cause the same to be done, when the board shall deem the authority conferred on commissioners of highways insufficient for that purpose, or that the interests of the county will be promoted thereby. All expenses so incurred shall be a county charge. Such powers shall not be exercised unless the applicants therefor shall prove to the board the service of a written notice, personally or by mail, on a commissioner of highways of each town in the county, at least twelve days prior to the presentation of such application, specifying therein the object thereof; and when the application is to lay out a highway, or construct a bridge, the route or location thereof; and in all other cases, a designation of the highway or bridge to be affected thereby.

§ 62. Location and construction of bridges.-The board may authorize the location, change of location and construction of any bridge, applied for by any town or towns, jointly, or by other than a municipal corporation, created under a general law, or by any corporation or individual for private purposes; and if a public bridge, erected other than by a municipal corporation, establish the rates of toll for crossing such bridge; but if such bridge is to cross a navigable stream, provision shall be made in the resolution or permission authorizing the same, for the erection and maintenance of a suitable draw, to prevent any obstruc

County Highways and Bridges.

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tion of the navigation of such stream; and if a private bridge, provision shall be made that the draw shall be kept open as may be required to permit all vessels to pass without loss of headway. When such bridge shall be intersected by the line of counties, the action of the board of supervisors of each county shall be necessary to give the jurisdiction herein permitted. But this section shall not apply to a pier bridge erected or to be erected over the Mohawk river above the state dam by a corporation organized under the transportation corporations law, provided such corporation shall comply with all the provisions of said transportation corporations law applicable thereto: such a corporation, without further proceeding, shall have the right to erect and maintain piers in said river for the purposes of such a bridge. (As amended by chap. 225 of 1898, § 1.)

§ 63. County aid to towns for the construction and repair of bridges.—If the board of supervisors of any county shall deem any town in the county to be unreasonably burdened by its expenses for the construction and repair of its bridges, the board may cause a sum of money, not exceeding two thousand dollars in any one year, to be raised by the county and paid to such town to aid in defraying such expenses.

§ 64. Construction by county of destroyed bridges. If any bridge within a county, or intersected by any boundary line of a county, shall be destroyed by the elements, and the board of supervisors of the county shall deem that the expenses of the construction of a new bridge at or near the site of the bridge so destroyed would be too burdensome upon the town or towns within such county, which would otherwise be liable therefor, the board of supervisors of any such county may provide for the construction and completion of a bridge and all necessary approaches thereto, at or near the site of the bridge so destroyed. If the bridge so destroyed shall have been constructed by a corporation created under a general law, and the site thereof, and of the approaches thereto, or either, shall be the property of such corporation, such board of supervisors may purchase the interest of such corporation, or any other person, in such site or approaches, if such purchase can be accomplished upon reasonable terms; but if such site or approaches cannot be lawfully acquired by such purchase, or otherwise, upon reasonable terms, such board may acquire title to premises on either side of such site, and provide for the construction of a bridge and approaches

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