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clerk, at the close of the fall session of the Board, shall furnish to the County Treasurer a list of audits to Coroner's jurors, and he shall enter them in a book kept by him therefor, and such jurors on being paid shall receipt therefor on such book. Laws 1884, chap. 163, § 12.

Repeal. All acts and parts of acts inconsistent with, or repugnant to, this act, are hereby repealed so far as the same relate to Rensselaer County. Ibid., § 13.

CLAIMS THAT ARE NOT COUNTY CHARGES.

§ 726. Claim by Justice of the Peace

For expense in defending himself against charge of impeachment, on which charge he was acquitted, is not a proper county charge and the County Treasurer held justified in refusing to pay it after audit by Board of Suppervisors. People v. Lawrence, 6 Hill, 244.

§ 727. Extinguished county orders.

Where the holder of county orders sends them to the Treasurer of the county and thereby enables him to use them as his vouchers on a settlement, and is afterwards repaid in other orders which have been paid by the Treas urer, subsequent to the settlement, he is estopped from denying the payment of the orders lent, and cannot recover upon those returned to him. Chemung Canal Bank v. Supervisors of Chemung Co., 5 Denio, 517.

$728. Expense of determining right to an office.

A Board of Supervisors cannot lawfully engage a county in, or bind it to the payment of the expenses of a litigation by an individual to establish his right to an office; and the audit and payment thereof is unlawful and can be recovered back. Supervisors of Richmond Co. v. Ellis, 59 N. Y. 620.

§ 729. Taxes illegally assessed.

Where Assessors assess property to the wrong person and the taxes are collected the Supervisors cannot be compelled by mandamus to audit and allow to the person thus wrongfully assessed the amount of the tax collected from him, and direct it to be levied upon the town or county. People v. Supervisors of Chenango Co., 11 N. Y. 563.

§ 730. Discount on valid claims.

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Where a person was entitled to a per tion of two dollars a day for services as janitor of an armory, but no provision had been made by the Board of Supervisors for payment and the creditor discounted his claims at a bank, paying therefor a considerable sum, it was held that the discount allowed to the bank was not a county charge. People v. Supervisors of Ulster Co., 43 Hun, 385.

§ 731. Advertising terms of courts.

The Supreme Court has no power to order the publication, in a newspaper, of the appointment of the terms to be held by that Court, or to direct payment of the expense of such publication. People v. Hill, 36 Hun,

619.

Nor for publication of notice of holding Courts of Oyer and Terminer, etc. People v. Supervisors of Greene Co., 93 Hun, 299.

CHAPTER XIX.

OF THE BOARD OF SUPERVISORS—ITS MEETINGS, ORGANIZATION AND RULES OF PROCEDURE.

§ 732. Board, how composed.

§733. Annual meetings to be held.

§ 734. Annual meetings, when to be held.

§ 735. Annual meetings in particular counties.

§ 736. Annual meetings, where to be held in Oswego County.

$737. Special meetings, adjournments.

§ 738. Special meetings, how called.

§ 739. Meetings to be public.
§ 740. Quorum.

§ 741. Organization of the Board.
$742. Chairman to be chosen.
$743. Powers of chairman.

8744. Clerk to be appointed.

745. Other officers or assistants.

§746. Physicians to be elected in Albany and Monroe Counties.

§ 747. Rules of procedure.

§ 748. Standing rules.

§ 749. Standing committees.

§ 750. Validity of rules.

$751. Reconsideration and rescission of rules.

$752. Who may not serve on committees.

753. Board ready to transact business.

§ 754. Supervisor in Erie Co. not eligible to certain offices.

732. Board of Supervisors, of whom composed.

The Board of Supervisors of a county is composed of the Supervisors elected annually in the several towns and of the Supervisors elected, as specially provided by law, in the several wards of the cities in such county. In several of the counties Supervisors are elected for two years. It is so in Erie County, Laws 1878, chap. 103, in Steuben and Livingston, Laws 1878, chap. 223, as amended by Laws 1879, chap. 5; see Laws 1878, chap. 253, as amended by Laws 1879, chap. 48; in Albany and Rensselaer, Laws 1878, chap. 253, as amended by Laws 1879, chap. 48, in Kings County, Laws 1864, chap. 119.

In Kings County a Supervisor at large is elected from the county, who holds office for two years and is ex officio chairman of the Board, but having only a casting vote in case of a tie. Laws 1871, chap. 115.

In the County of New York. The Board of Supervisors in the County of New York has been substantially abolished and the duties theretofore discharged by the Supervisors individually and as a Board, were devolved upon the Board of Aldermen of the City and County of New York. Laws 1874, chap. 304.

§ 733. Annual meetings to be held.

The Supervisors of the several cities and towns in each of the counties of this state, shall meet annually in their respective counties, for the dispatch of business, as a Board of Supervisors. 1 R. S. 366, § 1, (2 R. S. [8th ed.] 1020).

Where the Supervisors of a county have neglected to perform any duty required of them at their annual meeting, they may be compelled by mandamus to meet again and perform it. They cannot by their neglect nullify a statute imposing duties upon them. People v. Supervisors of Chenango Co., 8 N. Y. 318.

§ 734. Annual meetings, when to be held.

The Revised Statutes (vol. 1, p. 366, §§ 2 and 3) fixed the times of holding the annual meetings of the Boards of Supervisors throughout the state. Those sections were superseded and in effect repealed by Laws 1849, chap. 194, $$ 4 and 11, and by the fourth section of that act it was provided that the Boards of Supervisors were vested with power to fix the time and place of holding their annual meetings. 2 R. S. (8th ed.) 1024.

Since the enactment of this statute the annual meetings are not uniform throughout the state. In some counties they are held in October, and in other counties subsequent to their meeting as a Board of County Canvass

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Since the enactment of the Revised Statutes in 1827,

local acts have been enacted, fixing the time of holding the annual meetings in particular counties. These statutes were not affected by the act of 1849, that being a general law, and the repealing clause merely repealed all acts and parts of acts inconsistent with its provisions. The acts thus repealed were general laws and not local and special ones.

In Albany County on second Tuesday in May for organization and business, and again on Tuesday next after general election in November. Laws 1843, chap.

71.

In Clinton County on second Monday of November. Laws 1843, chap. 162.

In Chenango County on Monday next after the general election. Laws 1833, chap. 136.

In Chautauqua County on the Tuesday next after the general election. Laws 1829, chap. 192.

In Columbia County on Tuesday next after general election. Laws 1833, chap. 152.

In Dutchess County on the first Monday in October. Laws 1829, chap. 8.

In Greene County on the first Tuesday after the annual election in each and every year. Laws 1828, chap. 132.

In Jefferson County on Monday next after the general election in each year. Laws 1834, chap. 90.

In Livingston County the annual meeting is to be held on the second Monday in November in each and every year. Laws 1828, chap. 72.

In Orleans County on Monday next succeeding the annual elections in each and every year. Laws 1828, chap.

91.

In Rensselaer County on the third Tuesday of March, for purpose of electing chairman and clerk, and a fall meeting between the general election and the fifteenth day of December following. Laws 1884, chap. 163.

In Warren County on the Monday next after the general election in each year. Laws 1832, chap. 134, superseding Laws 1831, chap. 150.

In Westchester County on the first Monday after the an

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