ART. 1. CHAPTER XI. OF THE POWERS, DUTIES AND PRIVILEGES OF TOWNS. TITLE TITLE I.-OF TOWNS, AS BODIES CORPORATE. II.—OF TOWN-MEETINGS, AND THE TIME, PURPOSES AND MAN NER OF HOLDING THEM. TITLE III.-OF THE ELECTION AND QUALIFICATIONS OF TOWN OFFICERS, TITLE AND THE TENURE OF THEIR OFFICES. [Supplementary Title. TITLE 34.-Town business in counties of more than IV. OF THE GENERAL DUTIES OF CERTAIN TOWN OFFICERS, AND TITLE [Supplementary Titles. TITLE 7^.—Provisions relating collectively to towns, vil- them. TITLE 7.-Of villages. TITLE 7.-Of cities.] TITLE I. Of Towns, as Bodies Corporate. ART. 1.-Of the powers and rights of towns, as bodies corporate. ART. 2.—Of the effects of the division of a town, on its corporate rights and liabilities. ARTICLE FIRST. OF THE POWERS AND RIGHTS OF TOWNS, AS BODIES CORPORATE. SEC. 1. Powers of towns, as bodies corporate, defined. 2. Limitations of those powers. 3. In what name towns to act. SECTION 1. Each town, as a body corporate, has capacity, [337] Powers of towns as bodies corporate. il N. Y., 394: 53 Barb., 176; 51 id., 316; 12 id., 161; 1. To sue and be sued, in the manner prescribed in the laws of 7 Abb. Pr. this state: 2. To purchase and hold lands within its own limits, and for the use of its inhabitants, subject to the power of the legislature over such limits: (N. S.), 354; 1 How. Pr. R5553 N. Y. S. C. 431; 1 Sweeny, 227; 22 2 Johns. 3. To make such contracts, and to purchase and hold such per- Barb., 645; sonal property, as may be necessary to the exercise of its corporate or administrative powers: And, 4. To make such orders for the disposition, regulation or use of its corporate property, as may be deemed conducive to the interests of its inhabitants. 320; 66 Barb., 103; 9 Abb. N. 38 Hun,321; C, 105,note; 106 N. Y., 283. TITLE 1. Limitation. 53 Barb 177; 21 íd., 578; 11 N. Y., 392; 51 In what name to act. 8 Barb., § 2. No town shall possess or exercise any corporate powers, except such as are enumerated in this chapter, or shall be specially given by law, or shall be necessary to the exercise of the powers so enumerated or given. Barb., 316; 3 N.Y. S. C. (T. & C.), 434. § 3. All acts or proceedings by or against a town, in its corporate capacity, shall be in the name of such town; but every conveyance 645; 45 N. of lands within the limits of such town, made in any manner, for the use or benefit of its inhabitants, shall have the same effect as if made to the town by name. Y., 653. [338] town. 94 N. Y., 263. ARTICLE SECOND. OF THE EFFECTS OF THE DIVISION OF A TOWN, ON ITS CORPORATE RIGHTS AND LIABILI TIES. SEC. 4. When a town owning lands is divided, supervisors and overseers of the poor, may make such agreement as they shall think equitable, for the disposition of such lands. 5. When a town is altered in its limits, supervisors and overseers may make like agreement. 6. If no agreement be made within six months, land to be sold, and proceeds apportioned between the towns. 7. Personal property of a town divided or altered in its limits, to be apportioned, and how. 8. Meetings required under this article, may be called by either of the supervisors; three days' notice to be given. 9. Burying grounds excepted from preceding sections; to belong to town within which they may be situated. 10. Debts owing to a town divided or altered, to be apportioned in the same manner as personal property. 11. This title not to apply to gospel and school lots. Town § 4. When a town seised of lands shall be divided into two or lands how to be dis- more towns, the supervisors and overseers of the poor of the several posed of on division of towns constituted by such division, shall meet as soon as may be, after the first town meetings 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 carry such agreement into effect. of town is another. When part § 5. When any such town shall be altered in its limits, by the annexed to 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 alteration, meet for the purpose, and possess the powers provided in the last preceding section. If no agreement be § 6. If no agreement for the disposition of such lands, shall be made, land made by the supervisors and overseers, within six months after such. to be sold. division or alteration, then 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, by 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. ART. 1. property, § 7. When a town possessed of or entitled to money, rights and Personal credits, or other personal estate, shall be so divided or altered, such how apporpersonal estate, including monies belonging to the town in the hands tioned. of town officers, shall be apportioned between the towns interested therein, by the supervisors and overseers of such towns, (who shall meet for that purpose as soon as may be after the first town-meetings subsequently held in such towns,) according to the rule of apportionment above prescribed. under this [339] § 8. Whenever a meeting of the supervisors and overseers of two Meetings or more towns shall be required, in order to carry into effect the article,how provisions of this article, such meeting may be called by either of called. 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. § 9. The preceding sections shall not, however, apply to any Cemeteries cemetery, or burial ground; but the same shall belong to the town excepted. within which it may be situated, after a division shall have been made. appor. § 10. Debts owing by a town so divided or altered shall be appor- Debts to be tioned in the same manner as the personal property of such town; tioned. and each town shall thereafter be charged with its share of such 30 Hun, 148. debts, according to such apportionment. § II. 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 the gospel and school lots. Gospel and school lots. [See post, ch. 15, Title TITLE II. Of Town-Meetings, and the Time, Purposes and Manner of holding them. ART. 1.- Of annual and special town-meetings. ARTICLE FIRST. OF ANNUAL AND SPECIAL TOWN-MEETINGS. SEC. 1. Annual town-meetings, where held. 2. Annual town-meetings, when held; time to be fixed by electors; not to be 3. Enumeration of officers to be chosen at town-meetings. 4: Assessors and commissioners of highways to be fence viewers. 5. Powers of electors at annual town-meetings. 6. Additional power in regard to the poor, in certain cases. 7. Special town-meetings, when to be held, and for what purposes. 8. When notice is to be given of a town-meeting. 9. Orders and regulations of town-meetings to be in force until repealed or 10. No civil process to be served, on the day of town-meeting, on any elector. TITLE 2. SECTION 1. The citizens of the several towns in this state, qualified Annual by the Constitution to vote for elective officers, shall annually assemtown meet ble and hold town-meetings in their respective towns, at such place ings when held. in each town as the electors thereof at their annual town meeting, 23; 8 Cow., shall, from time to time, appoint. 5 N. Y., 286; 42 Hun, 119. Time of holding an nual town 37 Hun, 12. meetings. [340] Officers to be chosen. 5 N. Y., 23; 21 [2 R. L., 125, §§ 1 and 5; L. 1823, 207, § 5 ] § 2. Each town shall hold its next annual town-meeting on the day now provided by law for such town, and the electors thereof shall then, and immediately before proceeding to the choice of town officers, fix the time for holding the annual town-meetings in such town; and all annual town-meetings in the respective towns shall thereafter be held at such times as shall have been, from time to time, prescribed by the electors thereof, at their annual town-meeting. The time to be so fixed shall always be on some Tuesday between the first Tuesday in February and the first Tuesday in May, in each year; and when fixed, shall not be altered at any time within three years thereafter. [See L. 1839, ch. 389, § 15.] § 3. There shall be chosen at the annual town meeting in each town, one supervisor; one town clerk; one assessor; one collector; Wend., 181. one or two overseers of the poor; one, two or three commissioners of highways; and not more than five constables; but nothing herein contained shall prevent the election, at such town meeting, of any greater number of the officers respectively herein specified, or of any officer not herein specified, where the power to elect such greater number, or such other officer or officers has hitherto been conferred by any statute other than the section hereby amended, nor shall any thing herein contained authorize the election of overseers of the poor in any town in the counties of Richmond or Kings. [Thus amended by L. 1866, ch. 30.] Fence viewers. [1 R. L., 376, § 2; L. 1819, 190, § 9.] § 4. The assessors and commissioners of highways elected in 43 Hun, 263. every town shall, by virtue of their offices, be fence viewers of their Powers of annual town. § 5. The electors of each town shall have power at their annual town-meet- town-meeting, ings. 9 Wend., 333. 3 N.Y. S.C. (T. & C.), 434. 1. To determine what number of assessors, constables and poundmasters, shall be chosen in such town for the then ensuing year: [2 R. L., 125, § 1.] 2. To elect such town officers as may be required to be chosen : [2 R. L., 125, § 1.] 3. To direct such sum to be raised in such town, for the support of common schools for the then ensuing year, as they may deem necessary, but not exceeding a sum equal to the amount required by law to be raised therein for that purpose: [L. 1819, p. 190, § 7.] 4. To direct the institution or defence of suits at law or in equity, in all controversies between such town and corporations, individuals, or other towns: [L. 1820, p. 175, § 1; 2 R. L., 132, § 15.] 5. To direct such sum to be raised in such town for prosecuting _ART 1. or defending such suits, as they may deem necessary: [Id.] 645. 6. To take measures and give directions for the exercise of their 8 Barb., corporate powers: 510. 7. To make such provisions and allow such rewards for the destruc- 1 Denio, tion of noxious weeds, as they may deem necessary, and to raise money therefor: [2 R. L., 135, § 24.] 8. To establish and maintain pounds at such places within such town as may be convenient: [2 R. L., 131, § 12.] 9. To establish the compensation of the fence viewers, commissioners and inspectors of schools and collector of such town; but the compensation of such collector shall in no case be more than five, nor less than three per cent: [Thus amended by L. 1830, ch. 320.] [Id.; L. 1823, p. 400.] [341] R., 191; 2 10. To make, from time to time, such prudential rules and regulations, as they may think proper, for the better improving of all lands 19 Johns. owned by such town in its corporate capacity, whether commons, or Johns. Ch. otherwise; for maintaining and amending partition or other fences 12, 32. around the same, or any part thereof, and circular fences for their lands, gardens, orchards and meadows; for protecting such lands from any trespass, and for directing the time and manner of using the same: [2 R. L., 131, § 12; L. 1823, p. 207, § 5. See L. 1847, ch. 455, § 16.] II. To make the like rules and regulations for ascertaining the sufficiency of all fences in such town; for determining the times and manner in which cattle, horses, or sheep, shall be permitted to go at large on highways; and for impounding animals: [Id. See L. 1847, ch. 455, § 16.] 12. To impose such penalties on persons offending against any rule or regulation established by such town, excepting such as relate to the keeping and maintaining of fences, as they may think proper; not exceeding twelve dollars and fifty cents for each offence: And, 13. To apply such penalties, when recovered, in such manner as they may think most conducive to the interests of such town. [2 R. L., 125, § 1; 132. § 15; 131, § 12; 135, § 24; 1 R. L., 287, § 23; L. 1819, 190; L. 1820, 175; L. 1823, 400, 207.] Johns. R., 191; 12 Johns. R., 433; 2 Johns. Ch., 320. 4 Barb., 56, 255; 12 5 Denio, Johns. R. 8 Barb., 645; 7 4 Id., 56;5 Denio, 255; 1 Denio, 510; 19 power. § 6. In addition to the powers above specified, the electors of Additional each town, bound to support its own poor, shall have power, at their annual town meeting, to direct such sum to be raised in such town for the support of the poor for the ensuing year, as they may deem necessary. And every town may raise any money that may be necessary, to defray any charges that may exist against the overseers of the poor of such town. [1 R. L., 287, § 23; L. 1824, 382.] |