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CHAPTER VII.

Of Counties.-County Officers-their Powers and Duties.

490. For the more convenient administration of justice, it has been found necessary to divide states of any considerable extent, into districts, with administrations adapted to the management of their local affairs. The first grand division in these United States, is into counties, or shires: these are again subdivided into towns. These districts correspond to similar institutions in England, the country of our ancestors.

491. A county or town, as a body corporate, has certain powers and rights. A corporation or body politic, means a number of persons formed or incorporated into one body, with the power of acting under one name. The word corporation is derived from the Latin, corpus, meaning body. Corporations have a perpetual succession. For, when the persons constituting a corporation shall have passed off, and been succeeded by others, the corporation will still exist. Every state, county or town, as well as every bank or turnpike company, acting under a common name, by virtue of a public law, is a corporation.

492. Each county in the state has a capacity to sue and be sued; to buy and hold lands within its own limits; to buy and hold such personal property as may be necessary to the exercise of its corporate powers; and to make such orders for the regulation and use of its property as the interests of its inhabitants may require.

493. The principal county officers are, the board of supervisors, a county treasurer, a clerk, a sheriff, four coroners, a surrogate, and a district attorney.

490. How are states divided? For what purpose? 481. What is a corporation? 492. What capacity or powers does a county possess? 493. What are the principal officers appointed and elected in

494. The board of supervisors consists of the supervi sors of the several towns in the county, who meet annually on a day designated by law, which is, in most of the counties, in the month of October or November; and they may also hold special meetings whenever it may be necessary. Their duties and powers are, to make orders respecting the corporate property of the county; to examine and settle the accounts against the county, and to order the raising of money to defray its expenses; to provide for repairing the court house and jail, and fitting them for the purposes for which they are required. They choose one of their number, at every meeting, to preside as chairman, and appoint some proper person to be their clerk, whose duty it is to record the proceedings of the board, and to preserve and file all accounts passed upon by the board.

495. The county treasurer is appointed by the board of supervisors, and holds his office at their pleasure. He gives a bond, with sureties, for the faithful execution of his duties. It is his duty to receive all moneys belonging to the county, and all moneys belonging to the state, that are by law directed to be paid to him; and to pay and apply such moneys in the manner required by law, and to render a true account thereof to the board of supervisors and to the comptroller of the state when required.

He

496. The county clerk is elected by the people at the annual election, and holds his office for three years. has the custody of all the books, records, deeds, parchments, maps and papers, relating to the business of the office He records, in books prepared for that purpose. all deeds, mortgages, or other conveyances, and all papers and documents required by law to be recorded. He also files all papers required to be filed in his office. He appoints a deputy clerk, who is authorized to perform the duties of the office. County clerks, except in the county of New York, serve also as clerks of the county and circuit courts held in their respective counties.

each county? 494 What are the powers and duties of the board of supervisors? Of their clerk? 495. How is the county treasurer appointed? What are his duties? 496. How is the county clerk

497. Sheriffs also are elected at the annual election in November, for three years: they may not be re-elected for the next three years. A sheriff is required to give a bond, with sureties, in the penal sum of twenty thousand dollars, for the faithful performance of his duties; and this bond is to be renewed every year. He appoints an under sheriff, who performs the duties of sheriff when the office shall be vacant, and as many deputies as he may think proper. It is the duty of the sheriff to attend the sitting of all courts held in the county; to serve all processes directed to him by any of the state or county courts; to have the custody of the jails and prisons, and the prison ers in the same. Executions issued out of any courts in the state, against the property of any person, are directed to the sheriff of the county in which the person resides.

498. When a person has been slain, or has suddenly died, or has been dangerously wounded, notice is given to the coroner, who goes to the place where such person shall be, and summons a jury to make inquisition respecting such death or wounding. Witnesses are also called, among whom there is a physician or surgeon. The jury, upon inspecting the body of the person dead or wounded, and hearing the testimony, deliver to the coroner their inquisition, in writing, stating in what manner the person came to his death, or was wounded. If a murder or assault has been committed, the coroner binds over the witnesses to appear and testify before the grand jury at the next criminal court to be held in the county. An examination of this kind, into the cause of a person's death, is called a coroner's inquest. Coroners also perform the duties of sheriff, when vacancies happen in the offices of both sheriff and under sheriff.

499. A surrogate is a person that is appointed to make inquiry into, and settle the estates of persons deceased. He exammes witnesses to prove whether the wills made

elected? What are his duties? Of his deputy? 497. How are sheriffs elected? What are their duties? What subordinate officers do they appoint? 498. What are the duties of coroners? What other duties sometimes devolve on them? 499. What are the du

If he be satisfied that a

by such persons are valid or not. will was executed as the law requires, he approves of it. If there be no will, or none that is legal, he appoints an administrator to dispose of the property, and settle the estate. The person exercising the duties of surrogate, is in some states called a judge of probate. Probate is a Latin word, meaning proof; and is used in law to signify the proving of a will. Surrogates, in this state, are appointed by the governor and senate.

500. The district attorney attends the courts oyer, and terminer and jail delivery, and general sessions, and conducts all prosecutions for crimes cognizable in such courts. District attorneys are appointed by the judges of the respective county courts.

CHAPTER VIII.

Of Towns.--Election of Town Officers-their Powers ana Duties.

501. Towns are made to comprise such portions of territory as will admit of a direct participation in their government by all the people. The government of a town is therefore purely democratic. Towns are incorporated by a general law of the state; and their organization is uniform, and their powers and privileges are the same, throughout each state.

502. A town, as a body corporate, may sue and be sued; buy and hold lands, within its own limits, for the use of its inhabitants; buy and hold personal property necessary to the exercise of its corporate powers; and make such orders for the disposition and use of its property, as the

ties of a surrogate? 500. What are the duties of a district attorney? How appointed?

591. Of what character is the government of a town? How are towns incorporated? 502. What are its corporate powers? 503. When

interests of its inhabitants may require. The electors of a town have power, at their annual town meeting, to direct money to be raised for town purposes; to establish the compensation of certain town officers; to make regulations as to fences; to direct what sum shall be raised in the town for the support of common schools; and to perform sundry other acts that relate to their internal affairs.

503. A meeting of the citizens qualified to vote, is held in each town in the state, on some Tuesday between the first Tuesday in February and the first Tuesday in May, in each year, for the election of town officers. The officers to be elected are, a supervisor; a town clerk; assessors, not less than three, nor more than five; a collector; two overseers of the poor; three commisioners, and three inspectors of common schools; constables, not more than five; a sealer of weights and measures; as many overseers of highways as there are road districts in the town; and so many pound masters as the electors may determine. Ail the town officers must be elected by ballot, except the sealer, overseers of highways, and pound masters; who may be elected, either by ballot, by ayes and noes, or by the rising and dividing of the electors, as the meeting may determine. All the officers voted for by ballot, shall be named in the same ballot.

504. The supervisor receives and pays over all moneys raised in the town for defraying town charges, except those raised for the support of highways and bridges, of common schools, and of the poor, where poor moneys are raised. He prosecutes for penalties of fifty dollars or under; keeps account of moneys received and disbursed by him, and accounts annually to the justices and town clerk; attends the annual meeting of the board of supervisors of the county; and lays before such board all accounts presented to him against the town.

505. The town clerk keeps the records, books and papers of the town, and files all papers required to be filed

are town meetings in the state of New York held? What officers are chosen? How are they voted for? 504. What are the powers and duties of a supervisor? 505. What are the duties of a town

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