required to furnish the Supervisor with a certificate of the facts, to be delivered to his predecessor in office. Laws 1864, chap. 555, title IV., § 6, ¶ 7, 2 R. S. (8th ed.) 1283, § 6. § 41. Chap. 179, Laws 1856, not "superseded." It is stated (2 R. S. [7th ed.] 1202, § 1, note) that chapter 179, Laws 1856, entitled "An act to provide for a more thorough supervision and inspection of common schools, and further to amend the statutes relating to public instruction in this state," has been "superseded" by Laws 1865, chap. 555. This statement is incorrect, because, since the publication of that edition of the statutes, the Legislature has recognized that law as in force by amending § 16 (Laws 1883, chap. 414) and by expressly repealing § 18 (Laws 1886, chap. 593, §1, ¶ 31). Many of the provisions of chap. 179 have been incorporated in chap. 555, with alterations; but many sections of chap. 179 remain intact and unaffected by chap. 555. Within the peculiar rules of law in this state in relation to repeals by implication, it may very well be doubted whether that chapter is repealed. Powers v. Shepard, 48 N. Y. 540. Whether repealed or "superseded" or not, the provisions of chap. 179 in relation to security to be given by Supervisors are substantially incorporated in chap. 555, Laws 1864, so that the above bond will be sufficient under either act. § 42. Refusal to give security a misdemeanor-County Judge may appoint. The refusal of a Supervisor to give such security shall be a misdemeanor, and any fine imposed on his conviction thereof shall be for the benefit of the common schools of the town. Upon such refusal, the moneys set apart and apportioned to the town shall be paid to and disbursed by some other officer or person to be designated by the County Judge, under such regulations and with such safe-guards as he may prescribe; and the reasonable compensation of such officer or person, to be adjusted by the Board of Supervisors, shall be a town charge. Laws 1864, chap. 555, T. III., art. 3, § 3; 2 R. S. (8th ed.) 1282, § 32. § 43. Bond by Supervisor appointed to fill vacancy. Whenever the office of Supervisor shall become vacant, by reason of the expiration of his term of service or otherwise, the County Treasurer shall require the person elected or appointed to fill such vacancy to execute a bond, with two or more sureties, to be approved by the Treasurer, in the penalty of at least double the sum of the school moneys remaining in the hands of the old Supervisor, when the office became vacant, conditioned for the faithful disbursement, safe keeping and accounting of such moneys. But the execution of this bond shall not relieve the Supervisor from the duty of executing the bond first above mentioned. Laws 1864, chap. 555, title III., art. 3, part of § 31, as amended by Laws 1875, chap. 567, § 11; 2 R. S. (8th ed.) 1281, § 31. $ 44. Bond for school moneys by Supervisor elected to fill vacancy. Know all men by these presents, that we, Albert Wilber, Supervisor of the Town of Collins, in the County of Erie, and State of New York, as principal, and John M. Greene and Henry L. Scott, of the same town, as sureties, are held and firmly bound unto William B. Sirret, as treasurer of the County of Erie in the penalty of (a sum double the amount of school moneys in the old Supervisor's hands) to be paid to the said William B. Sirret, as Treasurer of said county, his successor in office, attorney or assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors, administrators and assigns, jointly and severally, firmly by these presents. Sealed with our seals and dated this twelfth day of July, A. D. 1888. The condition of this obligation is such that if the above bounden Albert Wilber, as such Supervisor as aforesaid, shall faithfully disburse, safely keep and fully account for and pay over all moneys which may come to his hands as such Supervisor from his predecessor in office, without fraud or delay, then this obligation to be void, otherwise to remain in full force and virtue. ALBERT WILBER [SEAL], HENRY L. SCOTT [SEAL]. Then follow acknowledgment and justification of sureties as in preceding forms. See § 36. Upon presentation to the County Treasurer he will endorse the following approval upon the bond: COUNTY OF ERIE, SS. I do hereby approve of the above (or within) bond as to the form and manner of execution, and of the sufficiency of the securities therein. WILLIAM B. SIRRET, Upon filing this bond with the County Treasurer, he is required to furnish the Supervisor with a certificate of the facts to be delivered to his predecessor. Laws 1864, chap. 555, T. IV. § 6 ¶ 7; 2 R. S. (8th ed.) 1283, § 6. It is upon the delivery of such certificate to his predecessor that he becomes entitled to receive the moneys in his predecessor's hands. § 45. Additional bond under L. 1886, chap. 78, § 1. In addition to the bond or bonds that the Supervisors of the several towns of this state are now by law required to execute, the Supervisor of every town in this state which has a local school fund belonging to said town, shall, before entering upon the duties of his office, execute a bond with two or more sureties, in double the amount of all school moneys, funds or securities belonging to such town, and which, by law, is under the control or in the custody of the Supervisor of such town; such bond to be in accordance with the requirements of section twenty of chapter one hundred and seventy nine, Laws of eighteen hundred and fifty-six, and subject to all of the provisions thereof except as herein specified. Laws 1866, chap. 78, § 1; 1 R. S. (8th ed.) 892. While this section has not been specifically repealed, still the whole ground covered by it is embraced in section 31, title III., chap. 555, Laws 1864, as amended by Laws 1875, chap. 567, § 1, as given above. I give this section here, but it would seem that the bond required by § 31 of the act of 1864 as amended, is broad enough to render it unnecessary to give a bond under this act. It is difficult to determine from the many decisions of the courts of this state when a statute is repealed by implication. Powers v. Shepard, 48 N. Y. 540; Staats v. Hudson River R. R. Co., 4 Abb. Ct. Ap. Dec. 287; and see Knapp v. City of Brooklyn, 97 N. Y. 520; Dexter, etc., Plank Road Co. v. Allen, 16 Barb. 15; People v. City of Brooklyn, 69 N. Y. 605. Action on such bond, how brought. When the Supervisor of a town, acting under Laws 1856, chap. 179, § 27, as "trustee of the gospel and school lots," improperly invests and thereby loses moneys belonging to such fund, an action to compel him to account and make good the loss thereby occasioned should be brought by his successor, who should describe himself in the title of the action as the trustee of the gospel and school lot. Taylor v. Gurnee, 26 Hun, 624. § 46. Bond in relation to bonded railroad debt of towns, etc. The Supervisor of any town or ward of any city, receiving or disbursing any funds on account of the bonded railroad debt of said town or ward, before receiving or disbursing any such funds, by virtue of any act of this state, shall execute to the town a bond with sureties who shall be able to justify in at least double the amount of the money to be received by him, as near as can be ascertained; said bond to be approved by the Town Clerk, and conditioned for the proper and due disbursement of moneys received on account of bonded railroad debt and the faithful accounting thereof, which bond, when given, will be filed with the Town Clerk. Laws 1882, chap. 68, $1. § 47. Bond in relation to bonded indebtedness of towns, etc. Provision is made for retiring the bonded indebtedness of towns and incorporated villages, and the Supervisor of a town, or the president of the village, owing a bonded debt, before receiving the money from the County Treasurer and applying the same to the payment of such bonds, security must be given for the same in double the amount received. The form of security under either of the last two preceding paragraphs can readily be drawn from the forms above given. § 48. Failure to give bond, effect of. The statute does not say what the effect of a failure to give a bond shall be, except that in relation to the giving of a bond for school moneys (see § 38, supra), and that is that the Supervisor neglecting or refusing to give such bond shall be guilty of a misdemeanor. The statute does not declare that a "failure to give” bond shall work a forfeiture of his office, but, in analogous cases, it has been held that failure to give official bond, while it does not create a vacancy, furnishes cause for a forfeiture of the office by a direct proceeding against the officer, for that purpose. Cronin v. Stoddard, 97 N. Y. 271; Foot v. Stiles, 57 N. Y. 399. Such action should be in the name of the people against the delinquent officer, under article sixth of chapter sixteen of the Code of Civil Procedure. $49. Liability of sureties in official bonds. Bonds given by a public officer for the faithful performance of his duties, extend to and include all such duties as may be added to the office, or imposed upon the officer, as such. Board of Education v. Quick, 99 N. Y. 138; People v. Vilas, 36 N. Y. 469. The sureties to the bond of a public officer are not discharged by the imposition upon their principal of new |