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CHAPTER VIII.

SUPERVISOR'S DUTIES IN CONNECTION WITH OTHER TOWN OFFICERS.

WITH OTHER SUPERVISORS AND OVERSEERS OF THE POOR.

§ 163. Disposal of town lands on division of a town.

§ 164. When part of one town is annexed to another. § 165. Lands, when to be sold.

§ 166. Apportionment of personal property.

§ 167. Call for meetings.

§ 168. Cemeteries excepted.

§ 169. Town debts to be apportioned.

§ 170. Gospel and school lots.

SUPERVISOR, JUSTICES OF THE PEACE AND TOWN CLERK.

§ 171. Duties as member of Board of Health.

§ 172. Duties in relation to contagious diseases.

§ 173. To destroy adulterated wines.

§ 174. Erection of town houses.

§ 175. Filling vacancies in office of Justice of the Peace.

§ 176. Filling vacancies in office of Inspectors of Election.

SUPERVISOR, JUSTICES OF THE PEACE, TOWN CLERK AND COMMISSIONERS OF HIGHWAYS.

§ 177. In relation to water-works companies.

$178. Repairing or rebuilding bridges.

§ 179. Borrowing money for highway purposes.

SUPERVISOR, JUSTICES OF THE PEACE AND COMMISSIONERS OF HIGHWAYS.

§ 180. As to fires in the woods.

SUPERVISOR AND JUSTICES OF THE PEACE.

§ 181. Control of Town House.

§ 182. Leasing public buildings to Grand Army Posts.

§ 183. Town sealers of weights and measures, appointment of.

§ 184. Firemen, appointment of.

§ 185. Collector of taxes, appointment of.

$186. Commissioners of Excise, appointment to fill vacancies.

§ 187. As to sale of railroad stock owned by towns.

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§ 191. Persons disqualified to serve as jurors.
§ 192. Persons exempt from service as jurors.
§ 193. Persons exempt under special laws.
§ 194. Qualifications for trial jurors.

$195. Duplicate jury lists to be made and filed.
§ 196. When list is lost or destroyed.

§ 197. Jurors to serve three years.

SUPERVISOR AND TOWN CLERK.

§ 198. On the incorporation of villages under General Laws of 1870.

SUPERVISOR AND TOWN COMMISSIONERS.

$ 199. To prevent spread of diseases in peach and other trees.

SUPERVISOR AND COMMISSIONERS OF HIGHWAYS.

§200. Agreement with plank or turnpike road company for use of highway.

$201. Under general drainage law.

SUPERVISOR WITH OTHER SUPERVISORS AND OVERSEERS

OF THE POOR.

§ 163. Town lands, how disposed of on division of town.

When a town seized of lands shall be divided into two or more towns, the Supervisor and Overseers of the Poor of the several towns constituted by such division, shall meet as soon as may be after the first town meeting subsequently held in such towns, and when so met, shall have power to make such agreement concerning the disposition to be made of such town lands and the apportionment of the proceeds, as they shall think equitable, and to take all measures and execute all conveyances which may be necessary to convey such agreement into effect. 1 R. S. (8th ed.) 878, § 4.

§ 164. When part of a town is annexed to another.

When any such town shall be altered in its limits, by the annexing of a part of its territory to another town or towns, the Supervisors and Overseers of the Poor of the town from which such territory shall be taken, and of

the town or towns to which the same shall be annexed, shall, as soon as may be after such alterations, meet for the purpose and possess the powers provided in the last preceding section. 1 R. S. (8th ed.) 878, § 5.

§ 165. If no agreement be made, lands to be sold.

If no agreement for the disposition of such lands shall be made by the Supervisors and Overseers, within six months after such division or alteration, and the Supervisor and Overseers of the Poor of each town in which any portion of said lands shall lie, shall proceed as soon as may be, to sell and convey such part of said lands as shall be included within the limits of such town, as fixed by the division or alteration; and the proceeds arising from such sale shall be apportioned between the several towns interested therein, and the Supervisors and Overseers of the Poor of all the towns according to the amount of taxable property in the town divided or altered, as the same existed immediately before such division or alteration, to be ascertained by the last assessment list of such town. 1 R. S. (8th ed.) 878, § 6.

§ 166. Personal property, how apportioned.

When a town possessed of or entitled to money, rights and credits, or other personal estate shall be so divided or altered, such personal estate including moneys belonging to that town in the hands of town officers, shall be apportioned between the towns interested therein, by the Supervisors and Overseers of the Poor of such towns, (who shall meet for the purpose as soon as may be after the first town-meetings subsequently held in such towns), according to the rule of apportionment above prescribed. 1 R. S. (8th ed.) 879, § 7.

§ 167. Such meetings, how called.

Whenever a meeting of the Supervisors and Overseers of two or more towns shall be required, in order to carry into effect the provisions of this article, such meeting may be called by either of said Supervisors; but the Supervisor calling the same shall give at least three days

notice in writing to all the other officers, of the time and place at which such meeting is to be held. 1 R. S. (8th ed.) 879, § 8.

§ 168. Cemeteries excepted.

The preceding sections shall not, however, apply to any cemetery or burial ground; but the same shall belong to the town within which it may be situated, after a division shall have been made. 1 R. S. (8th ed.) 879, § 9.

$169. Debts to be apportioned.

Debts owing by a town so divided or altered shall be apportioned in the same manner as the personal property of such town; and each town shall thereafter be charged with its share of such debts, according to such apportionment. lbid., § 10.

$170. Gospel and school lots.

Nothing contained in this title shall apply to any of the lots heretofore granted by the people of this state to any town, for the support of the gospel and of schools, commonly called gospel and school lots. Ibid., § 11.

*

§ 1. It shall.

SUPERVISOR, JUSTICES OF THE PEACE AND TOWN CLERK. $171. His duties as member of Board of Health. Board of Health in cities and villages. be the duty of the Common Council, upon the nomination of the Mayor, of every city in this state, except in the Cities of New York, Buffalo, Albany and Yonkers and Brooklyn, which are hereby excepted from the operation of this act, to appoint a Board of Health for such city, to consist of six persons who are not members of said Council (one of whom, at least, shall be a competent physician), who shall be nominated and appointed as follows: Two persons for a term of one year; two persons for a term of two years; and two persons for a term of three years. The Mayor of such city shall be a member ex officio of

* Chap. 270, Laws of 1885, entitled "An act for the preservation of the public health and the registration of vital statistics." Passed May 12, 1885.

such Board of Health, and shall be president thereof. The said Board of Health, when duly organized, shall appoint a competent physician (not a member of said board) who shall be Health Officer for such city. Upon the expiration of the term of office of any member of the Board of Health, appointed as herein provided, his successor shall be nominated and appointed in like manner for the term of three years; and the said Mayor and Common Council shall also have power to fill any vacancy caused in such Board of Health by the death, resignation or removal from the city of any member thereof. And it shall be the duty of the Trustees of every incorporated village in this state, to appoint once in each year, a Board of Health of such village, to consist of not less than three nor more than seven persons (who are not Village Trustees), who shall hold office for one year or until their successors shall have been appointed. The Board of Health thus constituted shall elect a president and appoint a competent physician (not a member of such Board) to be the Health Officer of such village. This section shall not be construed to remove any of the existing Boards of Health in any of the cities or villages of this state, but the successors of such Boards shall be appointed as in this section provided. Laws 1885, chap. 270, § 1.

Boards of Health in towns. § 2. It shall be the duty of the Supervisor, the Justices of the Peace and the Town Clerk in each town in this state, to meet in their respective towns within thirty days from the date of the town election in each year and elect a citizen of such town, of full age, who, with them, shall constitute the Board of Health for such town, for one year or until their successors are chosen. The said Board of Health shall appoint some competent physician, not a member of said Board, to be the health officer of such town.

If in any case a vacancy shall occur in the Board of Health of any city, village or town, by the death, resignation, inability to act or removal from said city, village or town of any member thereof, and if the proper author

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