clerk have been fully performed, his accounts properly filed and his minutes engrossed, and after his accounts and business have been fully examined and reported on as correct, by a committee of the succeeding Board. XXIX. Reports of auditing committees. All committees to whom accounts are referred to be audited, shall, in reporting upon the same, state separately the amount allowed and the amounts to be charged to the county, city, towns and wards, respectively. XXX. Orders, when to be drawn. No order shall be drawn before the first Tuesday of November next, for accounts audited, except for accounts audited for matters ordered by vote of the Board. XXXI. Resolutions to be in writing. No resolution shall be entertained by this Board until it shall have been reduced to writing, with the indorsement of the member presenting it, and been handed to the clerk. XXXII. Money not to be paid until. No money for any purpose shall be appropriated, or directed to be paid, or any liability incurred or created unless the subject matter has first been referred to a standing or select committee, and a report made thereon, except appropriations for road and bridge purposes, when the amount appropriated does not exceed the amount allowed by statute, viz.: $250.00. XXXIII. Reports to lie over one day. All reports of standing committees, except that of the committee on apportionment of grand jurors, shall lie upon the table one day, and be printed before action thereon, or adoption by the Board. XXXIV. Rules of assembly to apply. On all points of order not covered by the foregoing rules, the rules of order of the assembly of the State of New York shall be accepted as authority for the guidance of the Board. XXXV. Smoking prohibited. No smoking shall be allowed in the session room during the hours of session of the Board. XXXVI. Motions to rescind. A motion to rescind can only be eïtertained when moved by a member who voted with the majority in the action which it is proposed to rescind, and requires the affirmative vote of two-thirds of all the members elected or appointed. The Board shall take no subsequent action upon the matter so rescinded until after it shall have been referred to a regular standing committee. XXXVII. Motions and their precedence. When a question shall be under consideration no motion shall be received, except as herein specified, which motion shall have precedence in the order stated, viz. : 1-For an adjournment of the house. 2-For a call of the house. 3-For the previous question. 4-To lay on the table. 5-To postpone indefinitely. 6-To postpone to a certain day. 7-To go into committee of the whole on the pending subject im mediately. 8-To commit to a committee of the whole. 9-To commit to a standing committee. 10-To amend. § 749. Standing committees. Unless otherwise provided in the rules or by a vote of the Board the standing committees are selected and announced by the chairman; and when thus announced no action is necessary on the part of the Board for their appointment. The following are the standing committees in Erie County. The law was well understood that a rule adopted by a Board of Supervisors, that conflicted with a law of the state was invalid, but the Act of 1875, conferring legislative powers upon Boards of Supervisors in relation to the subjects specifically enumerated therein, seems to have conferred the power upon Boards of Supervisors to nullify a law of the state, where such law shall conflict with an enactment by the Board. It is certainly a very peculiar statute, and should be modified so as to make it intelligible if it is not to have the effect attributed to it, above. It reads as follows: Whenever, in the exercise by a Board of Supervisors of any of the powers conferred by this act, any enactment shall be made which shall be in conflict with any existing statute law of this state, such law, or so much thereof as shall so conflict, shall, for the purposes of this act, be inoperative in the case or cases provided for by such enactment. Laws 1875, chap. 482, 6; 2 R. S. (8th ed.) 1043. $751. Reconsideration and rescission of rules. Among the rules adopted by the Board of Supervisors of Westchester Courty was one providing that a motion for reconsideration might be made by any member, but that no such motion shall be in order unless made on the same day or on the next day following the decision proposed to be reconsidered, unless by unanimous consent. On January 2, 1874, a resolution was offered in the Board, appointing K. its librarian. The resolution was amended by inserting the name of B., the relator, for that of K., and, as so amended, it was adopted. On the next day a motion to reconsider this resolution was carried. On the succeeding day the resolution was reconsidered and lost. On January seventh a resolution appointing K. librarian was adopted, and was held by the court that the Board had power to reconsider and rescind the resolution by which B. was appointed librarian, and to thereafter appoint K. to that office. People v. Mills, 32 Hun, 459. $752. Who may not serve on committee. It is a rule of the common law that no man shall adjudicate his own claim; hence a Supervisor cannot act on a committee nor vote in the Board upon a claim or matter in which he is pecuniarily interested. A statute to that effect was enacted, Laws 1869, chap. 855, § 6, but in the amendment of that section, Laws 1870, chap. 432, and Laws 1871, chap. 274, the provision prohibiting a Supervisor to act on committee or in the Board, on a matter in which he was pecuniarily interested, was stricken out, leaving the common law rule in force. § 753. Board ready to transact business. Having elected the officers required by law to be elected and appointed, such assistants as the Board may deem essential, and having adopted its standing rules and appointed its committees the Board is then in a situation and condition to transact business. And it must transact all its business as a Board and cannot delegate its powers to a committee. Before the action of a committee is of binding force, it must receive the sanction of the Board by the adoption of a resolution of approval. People v. Supervisors of St. Lawrence Co., 25 Hun, 131. § 754. Supervisor from Erie Co. not eligible to office. No Supervisor of the said County of Erie shall be eligible to any office in the gift of the Board of Supervisors during his term of office as such Supervisor. Laws 1879, chap. 231, § 5. CHAPTER XX. OF THE BOARD OF SUPERVISORS—GENERAL POWERS OF. § 755. Source of power. § 756. Powers of the Board defined. HIGHWAYS AND BRIDGES. $757. Power to raise money for purposes, defined. § 758. Repairs of roads and bridges. §759. Additional moneys may be raised. $760. Money to build or repair roads or bridges. § 761. Money for highway purposes, how raised. $762. When road or bridge is in village. § 763. Further powers of local legislation, Act 1875, ch. 482. § 764. In relation to bridges. § 765. Bridges at county lines. $766. Bridges between counties, expense how apportioned. § 767. To authorize towns to borrow moneys for bridges. § 768. Counties to pay part expense for bridges over streams. § 769. Commissioners of Highways to furnish statement of expense. § 770. Supervisors to levy tax for county's portion. § 771. Supervisors may elect to pay more than one-sixth. § 772. Division of expense between towns and county. § 773. Not to apply to Westchester and New York. §774. Repeal of inconsistent acts. § 775. Plank roads and turnpikes, purchase of. § 776. Road districts. § 777. Grading streets beyond city limits. §778. Width of highways. $779. Surveys and records of highways. 780. Non-resident highway tax. §781. Abandoned plank roads and turnpikes. § 782. Regulate tolls on bridges, ferries, etc. §783. Money for roads, etc., in Queens County. $784. Laying out highways through unimproved lands. § 785. Commissioners to expend state appropriations. § 786. May authorize change of state road. PUBLIC BUILDINGS. $787. Jails and court houses to be kept in repair. $788. Solitary cells. 789. Raise money for court house, jail, and Clerk's office. § 790. Additional powers to Board enumerated. § 791. Powers conferred by preceding section, how exercised. § 792. Resolutions to be recorded, etc. § 793. Real estate for county buildings, borrowing money, etc. CHANGING SITES OF COUNTY BUILDINGS. § 794. Petition for change of site. $795. Proceedings on such petition. § 796. Question, how submitted to vote. § 797. Old site, how long to be used. § 798. This act does not affect special laws. § 799. New York and Kings Counties. § 800. Repeal of conflicting laws. § 801. Town and village halls. § 802. Sale or lease of county property. §803. Lease buildings to Grand Army posts. § 804. Soldiers' monuments. § 805. To repair, etc., monuments. TAXES. § 806. Quota of state taxes how ascertained. § 807. Board to levy state tax. § 808. Board to levy county taxes. § 809. Collection of taxes. § 810. Extension of time to collect taxes. § 811. Taxation of dogs. § 812. Tax to pay loans. § 813. Legalize irregular proceedings of towns, etc., correct errorsrefund illegal taxes. SALARIES. § 814. To fix salaries of county officers. § 815. Salary of County Treasurer. § 816. Clerks and assistants for County Treasurer. § 817. Treasurer may retain fees for county. § 818. Counties exempted. §819. Application of penalties in towns. § 820. Fish and game, preservation of. § 821. Employment of offenders. § 822. Jail limits. § 823. Special town meetings. § 824. Town meetings by election districts. § 825. Village fire apparatus. § 826. Fire districts. CEMETERIES. § 827. Acquisition of lands for-sale of lands. |