VACANCIES. This report is only to be made by the Supervisors of those Counties where all the poor are not a County charge, and is therefore not required in Counties where the distinction between town and county poor has been abolished. The question has arisen, whose duty is it to make this report? The Supervisor in office, at the time the accounts are audited, or his successor, either can make the report; but if the former neglects to do it, it must be done by the latter, or he will forfeit the penalty; for the former is excused on the ground that his term of office expires before the expiration of the fifteen days limited by law for making the report. It has been the practice in some Counties to neglect making such report until the board of Supervisors meet, and date the report at that time. This practice is not only in violation of the Statute, but is attended with difficulty in ascertaining the facts; as you have in the latter case to get the items from the accounts of parts of two years, and only a part of which accounts have been settled by the town auditors, and therefore such report would be likely to be incorrect. . Vacancies, 1 R. S., 348, In the office of Supervisor, may be supplied by a special town meeting to be called by the Town Clerk within eight days after the happening of such vácancy. If such call is not made or 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. Constables. 1 R. S., 346. Every person chosen or appointed to the office of Constable, before he enters on the duties of his office, and within eight days after he shall be notified of his election or appoinment, shall take and subscribe the oath of of Constable's fice 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 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.. Form of Constable's Bond. Alexander Babcock having been elected Constable of the town of Pittsford, in the County of Monroe, at the annual town meeting held on the 6th day of March, 1849, and Augustus Hard as surety, do hereby 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. Dated the 10th day of March, 1849. ALEXANDER BABCOCK, [L. s.) L. S. Supervisor's approval of Constable's Bond. Town of Pittsford ss: I hereby approve of the within Bond and the surety therein named. Dated March 10, 1849. W. M. HUNTINGTON, Supervisor. The above approval is to be endorsed upon the Bond. The Supervisor is frequently called upon to draw these Bonds, and therefore the forms are here given. HIGHWAYS. Commissioner of Highways. Act of 1845, p. 183. Every Commissioner of highways hereafter to be elected or appointed, shall, before entering upon his duties, and within ten days after notice of his election or appointment, execute to the Supervisor of his town, a bond with two sureties, to be approved by the Supervisor by an endorsement 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 menies received and paid out by him as such Commissioner. Bond. Know all men by these presents, that we, Solomon Form of Stone, Othniel Stone, and Caleb Nye, jr., of Pittsford, in the County of Monroe, are held and firmly bound unto Ephraim Goss, Supervisor of the town of Pittsford aforesaid, in the penal sum of one thousand dollars, to be paid to the said Supervisor, his successor or successors in office, for which payment well and truly to be made, we jointly and severally do bind ourselves, our heirs, executors and administrators, firmly by these presents. As witness our hands and seals this 12th day of March, 1847. The condition of the above obligation is such, that if the above bounden Solomon Stone, who has been duly chosen a Commissioner of highways of said town of Pittsford, shall faithfully discharge his duties as such Commissioner, and within ten days after the expiration of his term of office, shall 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, then the above obligation 11 to be void, otherwise to remain in full force and virtue. Sealed and delivered in presence of EPHRAIM GOss. SOLOMON STONE, [L. s.] OTHNIEL STONE, [L. S. CALEB NYE, Jr., [L. 8.] Commission ers of Excise al towns. Approval by Supervisor. Town of Pittsford ss: I approve of the within Bond and the sureties there- in named. EPHRAIM GOSS, Supervisor. Board of Excise. 1 R. S., 678. §1. The Supervisor of every town and the Justices in the sever- of the Peace resident therein, shall be Commissioners of Excise for their town, three of them, consisting of the Supervisor, and any two Justices shall be competent to execute the powers herein vested in the Board. If the office of Supervisor be vacant, then any three of the Justices shall form a Board. If there be not two Justices in the town, then any two Justices of a neighboring town may be associated by the Supervisor with him, and the three shall form a Board. When and where to meet. Book of minutes. To grant Licenses and § 2. The Commissioners of Excise shall meet in their respective towns on the first Monday of May, in each year, and on such other days as the Supervisor shall appoint, at such place as shall be designated by him; or in case his office be vacant, on such other days, and at such places as the Justices of the Peace of the town may appoint. § 3. They shall keep a book of minutes of all their proceedings, in which shall be entered every resolution passed by them granting a license to any person, with the sum required to be paid by such; which minutes shall be verified by their signatures, and shall be filed with the Town Clerk within five days. § 4. They shall have power to grant licenses to fix sums to keepers of Inns and Taverns, being residents of their town, to sell strong and spirituous liquors and wines, to be drank in their houses respectively; and to Grocers being such residents, a license to sell such liquors be paid therefor. BOARD OF EXCISE. and wines in quantities less than five gallons, but not to be drank in their shops, outhouses, yards, or gardens, and to determine the sum to be paid for a license by each person applying; which shall not be less than five dollars, nor more than thirty dollars. 13 how long in § 5. The said licenses shall be signed by the Com-Licenses missioners granting the same; they shall not be issued force. until the duty fixed by the board shall have been paid; when issued they shall be in force, unless revoked, until the day after the first Monday in May in the succeeding year. censes to be granted. § 6. Licenses shall not be granted to any person to When Lisell strong and spirituous liquors and wines to be drank sell begin to in the house of the seller, unless such person proposes to keep an Inn or Tavern, nor unless the Commissioners are satisfied that the applicant is of good moral character; that he is of sufficient ability to keep a tavern and has the necessary accommodations to entertain travellers, at the place where such applicant resides, or proposes to keep the same, all which shall be expressly stated in every such license. Bonds by § 7. Nor shall such license be granted, until the ap- Tavern plicant shall have executed and delivered to the Su- Keepers. pervisor, or in case of his absence, one of the Justices of the town, a bond to the people of this State in the penal sum of one hundred and twenty-five dollars, with a sufficient surety, to be approved by the board of Commissioners, with a condition that such applicant, during the time he shall keep an Inn or Tavern, will not suffer it to be disorderly, or suffer any cockfighting, gaming or playing with cards or dice, or keep any billiard-table, or other gaming table within the tavern so by him kept, or in any out-house, yard, or garden appertaining thereto. Special clause in cense. § 12. Provides that in all licenses that may be granted to Grocers, or other persons applying for the same, Grocer's Li(excepting Tavern keepers,) to sell strong or spirituous liquors or wines in quantities less than five gallons, there shall be inserted an express declaration, that such license shall not be deemed to authorize such sale of any liquor or wine to be drank in the house or shop of the person receiving such license, or in any out-house, |