TITLE 3. Duty of S23. The clerk of every town meeting, at which an election for justice of the peace shall have been had, shall, within ten days town clerk. thereafter, transmit to the clerk of his county, a certificate of the result of such election, under his hand, which shall be evidence of the facts therein certified. [1829, ch. 356, § 2.] Where more than one justice S24. In case more than one justice of the peace shall be elected in any town at the same election, their terms of office is elected. shall be determined by lot, within twelve days after their election, in the manner now provided by law. [1830, ch. 290, § 2.] Classification. Ballots, how to be written. Elected for 4 years. Duty of officers. S25. When two or more persons shall be elected to the office of justice of the peace at any annual town meeting, the one of whom shall be an incumbent of the office for a term not then expired, such incumbent shall be deemed elected for the regular term of four years, which will commence on the first day of January next following such election. [1833, ch. 270, § 1.] S 26. When at any such town meeting, except the first election in a new town, two or more persons are to be elected to the office of justice of the peace, it shall be lawful for each of the electors not voting for a person who may then be an incumbent of the office, to designate on his ballot the person intended for the regular term of four years, which will commence on the first day of January then next following, by the words, or words and figures "longest term," "four years," or "4 years;" and the persons having the greatest number of votes, without any reference to such designation, shall be deemed duly elected. [Same ch., § 2.] *S 27. The person elected and having the greatest number of such designations, shall be deemed elected for the regular term of four years. [Same ch., § 3.] * $28. The presiding officer or officers at any annual town presiding meeting at which justices of the peace shall be elected, shall determine whether any, and what person, in pursuance of the foregoing sections, has been elected for the regular term of four years; which determination shall be made at the same time and with the like force and effect, as he or they may determine what persons are elected to the office of justice of the peace; and such determination shall be entered in the minutes of the proceedings of the meeting, and shall be publicly read, and shall be deemed notice of the result, in the same manner as is now provided by law in relation to the canvass. [Same ch., § 4.1 Determination by lot. Vacancies. * $ 29. Where no person shall be elected for the regular term of four years in pursuance of either of the preceding sections, the classes of all the persons elected to the office of justice of the peace, at any such annual town meeting, shall be determined by lot within the time and in the manner now prescribed by law. [Same ch., § 5.] *S 30. Where one person shall have been elected for the regular term, in pursuance of the foregoing provisions, the other person or persons elected justices of the peace shall be deemed elected to fill the existing vacancy or vacancies; and in case of more than one existing vacancy, the classes of the persons elected to fill the same shall be determined by lot, within the time and in the manner now prescribed by law. [Same ch., § 6.] ARTICLE SECOND. Of the Qualifications of Town Officers, and the Tenure of their Offices. SEC. 31. Must be an elector of the town. 32. Commissioners to loan United States deposit fund, ineligible to the office of supervisor. 33. Supervisors ineligible to office of such commissioner. 34. Certain officers required to take the oath of office. 35. Oath to be certified. 36 Oath of town officers may be sworn before town clerk. 37. Certificate of oath to be filed with town clerk. 88. Neglect to take and file certificate of oath deemed a refusal to serve. 39. Certain officers to give notice of their acceptance of their offices. 40. Neglect to give such notice to be deemed a refusal to serve. 41. Collector to give bond with sureties. 42. Bond to be filed with county clerk, and entry to be made by him; its effect as a lien. 43. Constables to take oath of office, and to give security. 44. Sureties, how to be approved of Certified copy of instrument, evidence. 45. Suits against constables and sureties, to be brought within two years. 46. Collector or constable neglecting to give security, or constable neglecting to take oath, deemed a refusal to serve. 47. Commissioners of highways to give bond to supervisor. 48 Overseers of poor to give bond to supervisor. 49. Bond to be filed in town clerk's office. 50. Supervisor and certain other officers to forfeit fifty dollars for refusing to serve. 51. Commissioners of schools and certain other officers to forfeit ten dollars for such refusal. 52. Quakers not liable to penalty for not serving as assessors. 53. Affirmation to be made and filed by them. 54. Penalty on town officers who are required to take oath, for acting without taking it. 55. Town officers to hold for one year, and until successors have qualified. ART. 2. [345] eligible. S31. [Sec. 11.] No person shall be eligible to any town office, who unless he shall be an elector of the town for which he shall be chosen.1 S32. No person holding the office of commissioner for loaning Restriction. the moneys belonging to the United States, deposited with the state of New York for safe keeping, under the act passed April 4, 1837, shall be eligible to the office of supervisor of any town or ward of this state. [1838, ch. 58, § 1.] $33. No supervisor of any town or ward shall be eligible to П. the office of commissioner under the act aforesaid. [Same ch., § 2.] $34. [Sec. 13.] Every person chosen or appointed to the office oath of of supervisor, town clerk, assessor, overseer of the poor, commis- office. sioner of highways, or town sealer, before he enters on the duties of his office, and within ten days after he shall be notified of his election or appointment, shall take and subscribe before some justice of the peace, or commissioner of deeds, the oath of office prescribed in the sixth article of the constitution of this state.1 $ 35. [Sec. 14.] Such oath shall be administered without reward, n. and the justice or commissioner, before whom the same shall be taken, shall also without reward, certify in writing the day and year when the same was taken, and shall deliver such certificate to the person by whom the oath was made.1 to adminis $36. The oath of office of any town officer, except justices of Town clerk the peace and commissioners of deeds, may be subscribed and sworn ter oath. before the town clerk of the town in which such officer shall be elected, such oath shall be administered and certified without fee or reward. [1838, ch. 172.] $37. [Sec. 15.] Such person within eight days thereafter, shall Iь. cause the certificate to be filed in the office of the town clerk.1 $38. [Sec. 16.] If any person chosen or appointed to either of Neglect to the town offices above enumerated, shall not take and subscribe take oath. such oath, and cause the certificate thereof to be filed as above required, such neglect shall be deemed a refusal to serve.1 12 R. L., 125, § 1; id. 129, § 7; Laws of 1821, p. 120; 1823, p. 207, § 4. 2 Section 12 R. S. abrogated by the act abolishing the office of loan officer: ch. 337 of 1850. Commissioner of deeds for towns, abolished. TITLE 3. acceptance. $39. [Sec. 17.] Every person chosen or appointed to the office Notice of of overseer of highways, or pound master, before he enters on the duties of his office, and within ten days after he shall be notified of his election or appointment, shall cause to be filed in the office of the town clerk, a notice in writing signifying his acceptance of such office.1 Neglect to file notice $40. [Sec. 18.] If any person chosen or appointed to either of of accept the offices named in the last section, shall not cause such notice to be filed, such neglect shall be deemed a refusal to serve.1 ance. [346] Collector to give bond. Ib. 1 Cowen, 670. Constable and give security. 2 Wend., 281, 615; 4 do. 414 9 do. 231 12 do. 306. 5 do. 191; $41. [Sec. 19.] Every person chosen or appointed to the office of collector, before he enters on the duties of his office, and within eight days after he receives notice of the amount of the taxes to be collected by him, shall execute to the supervisor of the town and lodge with him, a bond with one or more sureties, to be approved of by such supervisor, in double the amount of such taxes, conditioned for the faithful execution of his duties as such collector.2 $42. [Sec. 20.] The supervisor shall within six days thereafter, file such bond, with his approbation indorsed thereon, in the office of the county clerk, who shall make an entry thereof, in a book to be provided for that purpose, in the same manner in which judgments are entered of record; and every such bond shall be a lien on all the real estate held jointly or severally by the collector or his sureties, within the county, at the time of filing thereof; and shall continue to be such lien till its condition, together with all costs and charges which may accrue by the prosecution thereof, shall be fully satisfied.2 S43. [Sec. 21.] Every person chosen or appointed to the office to take oath of constable, before he enters on the duties of his office, and within eight days after he shall be notified of his election or appointment, shall take and subscribe the oath of office prescribed by the constitution, and shall execute in the presence of the supervisor or town clerk of the town, with one or more sureties to be approved of by such supervisor or town clerk, an instrument in writing, by which such constable and his sureties shall jointly and severally agree to pay to each and every person who may be entitled thereto, all such sums of money as the said constable may become liable to pay on account of any execution which shall be delivered to him for collection.s 10 do. 370; Ib. Limitation of suits S44. [Sec. 22.] The supervisor or town clerk shall indorse on such instrument, his approbation of the sureties therein named, and shall then cause the same to be filed in the office of the town clerk; and a copy of such instrument, certified by the town clerk, shall be presumptive evidence in all courts of the execution thereof by such constable and his sureties.3 $45. [Sec. 23.] All actions against a constable or his sureties, thereon. upon any such instrument, shall be prosecuted within two years after the expiration of the year for which the constable named therein shall have been elected.a Refusal to serve. $46. [Sec. 24.] If any person chosen or appointed to the office 1 Laws of 1821, p. 120, §§ 1 and 3. 2 2 R. L., 126, § 1; Laws of 1823, p. 400, § 26. 2 R. L., 126, 51. Id., 137. of collector or constable, shall not give such security and take such _ART. 2. oath, as is above required, within the time limited for that purpose, such neglect shall be deemed a refusal to serve.1 sioners of *S 47. Every commissioner of highways hereafter to be elected Commis or appointed, shall, before entering upon his duties, and within ten highways to days after notice of his election or appointment, execute to the give bond. supervisor of his town, a bond with two sureties, to be approved by the supervisor by an indorsement thereon, and filed with him, in the penal sum of one thousand dollars, conditioned that he will faithfully discharge his duties as such commissioner, and within ten days after the expiration of his term of office, pay over to his successor what money may be remaining in his hands as such commissioner, and render to such successor a true account of all moneys received and paid out by him as such commissioner. [1845, ch. 180, § 3,] of poor to *S 48. Every person hereafter elected or appointed to the office Overseers of overseer of the poor in the several towns of this state, within give bond. ten days after being notified of his election or appointment, shall execute to the supervisor of the town, a bond, with one or more sureties, to be approved by such supervisor, conditioned that he will faithfully discharge the duties of his office, and will pay according to law all moneys which shall come into his hands as such overseer. [1855, ch. 269, § 1.] in office of *S 49. Such bond, with the approval of the supervisor indorsed Toled thereon, shall, within five days thereafter, be filed in the office of town clerk. the town clerk of such town. [Same ch., § 2.] Penalties $ 50. [Sec. 25.] If any person chosen or appointed to the office [3471 of supervisor, town clerk, assessor, commissioner of highways, or for refusing overseer of the poor, shall refuse to serve, he shall forfeit to the to serve. town the sum of fifty dollars.2 11 J. R., $51. [Sec. 26.] If any person chosen or appointed to the office . of overseer of highways, pound master, or town sealer, shall refuse to serve, he shall forfeit to the town, the sum of ten dollars.2 432. chosen as S52. [Sec. 27. ] No quaker or reputed quaker, chosen or Quaker appointed to the office of assessor, shall be liable to such penalty, sessor. if he shall affirm, within three days after receiving notice of his election or appointment, that he has conscientious scruples about executing the duties of said office.3 $53. [Sec. 28.] Such affirmation shall be made before some one of the justices of the town, who shall, without reward, certify in writing, the day and year when the same was taken, and deliver such certificate to the person by whom such affirmation was made, and such person, within eight days thereafter, shall cause said certificate to be filed in the office of the town clerk. Ib. acting with $54. [Sec. 29.] If any town officer who is required by law to Penalty for take the oath of office, shall enter upon the duties of his office, out oath. before he shall have taken such oath, he shall forfeit to the town the sum of fifty dollars.3 Tenure of $55. [Sec. 30.] Town officers shall hold their offices for one office. 17 2 R. L., 129, § 7. Id. ib. § 9; id. 130, § 10; Laws of 1821, p. 120, §§ 1 and 3. 2 R. L. 129, §§ 9 and 10. Wend., 81. TITLE 3. year, and until others are chosen or appointed in their places, and have qualified,' [excepting justices of the peace, commissioners of highways, and assessors.] If town neglect to choose, ARTICLE THIRD. Of Vacancies in Town Offices, and the mode of supplying them. SEC. 56. Where town neglects to choose, justices may appoint by warrant. 57. Warrant to be filed with town clerk: notice to be given. 58 Justices may, on cause shown, accept the resignations of town officers. 59. In case of certain vacancies, special town meeting to be called. 60. In certain cases, if vacancy be not supplied within fifteen days by such town meeting, justices may appoint. 61. Vacancies in certain offices, how supplied. 62. When less than three justices in a town, how supplied. $56. [Sec. 31.] If any town shall neglect at its annual town meeting to choose its proper town officers, or either of them, it shall be lawful for any three justices of the peace of the said town, 16 J. R., 49; by warrant under their hands and seals, to appoint such officers; justices to appoint. 18 Wend., 516. [348] Appointment, and the persons so appointed shall hold their respective offices until others are chosen or appointed in their places, and shall have the same powers, and be subject to the same duties and penalties, as if they had been duly chosen by the electors.5 $57. [Sec. 32] The justices making such appointment shall cause such warrant to be forthwith filed in the office of the town where filed, clerk, who shall forthwith give notice to the person appointed. &c. Other va cancies. 18 $58. [Sec. 33.] Any three justices of the peace of a town may, for sufficient cause shown to them, accept the resignation of any town officer of their town; and whenever they shall accept any such resignation, they shall forthwith give notice thereof to the town clerk of the town. $59. [Sec. 34.] If any person chosen or appointed to the office of supervisor, assessor, commissioner of highways, or overseer of the poor, shall refuse to serve, or shall die, or resign, or remove out of the town, or become incapable of serving, before the next annual town meeting after he shall have been chosen or appointed, the town clerk shall, within eight days after the happening of such vacancy, call a special town meeting for the purpose of supplying the same. [As amended 1830, ch. 320, § 2.] $60. [Sec. 35.] If the electors shall not within fifteen days after the happening of such vacancy, supply the same by an election at town meeting, the same shall be supplied by the justices of the town, in the like manner and with the like effect as above provided. 7 S61. [Sec. 36.] Vacancies in all town offices except the office Wend., 516. of supervisor, overseer of the poor, collector, or overseer of highways, shall be supplied by the justices of the town in the manner provided in the thirty-first [56th] section of this title. Vacancies in the office of collector shall be supplied in the manner prescribed in chapter thirteen, and vacancies in the office of overseer of highways, in the manner prescribed in chapter sixteen of this act. 12 R. L., 125, 1. Chap. 5, tit. 4, art. 4. 1845, ch. 180, § 2. 1845, ch. 180, 4.2 R. La, 127, 5. Id. ib. 7 Vacancies in the office of assessor and commissioner of highways are supplied by an appointment in writing, under the hand of two justices of the peace; 1845, ch. 180, $4 2 and 4. |