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County
Clerk's char

their opinion, should be paid per week for boarding prisoners, which is adopted or amended by the board. County Clerks.

The County Clerks have charges for filing recogniges enumer zances, copying same, fees in criminal trials, copying records and indictments, for attending county canvass, making returns thereof and recording statements and results, services in school matters, filing and entering collectors' bonds, drawing juries and making certificates, giving certificates to jurors, taking affidavits, filing and entering indictments, taking and entering recognizances, entering convictions and copies thereof for Sheriff and Secretary of State, for subpoenas for witnesses in criminal cases, for entering orders of the court and copies thereof, filing affidavits, for stationery for courts, for witnesses' fees in criminal cases, &c., and for making and extending a general index. For his fees see pages 164 and 165.

For some of the above and other services which the law requires him to perform, there is no fee fixed, and the committee in such cases audit and allow what is reasonable, under the general clause on page 164.

The compiler thinks the County Clerk is entitled to fees for keeping up the general index.

Committee on United States Deposited Fund.

This Committee perform the duty required of the Supervisors in relation to this fund. See p. 126 & 127, and reports thereon to the board, see p. 126. The committee's report will state,

1. The whole amount of money on loan.

2. Amount on hand for loaning.

3. Amount of principal received for the preceding year.

4. The amount reloaned.

5. The amount of interest received during the same

period.

6. The amount paid State Treasurer.

7. The amount of the Commissioner's fees.

8. The Committee will further state whether the moneys are safely invested, and if they are not, they will state the same.

Committee on Salaries.

This committee will report the salary that ought to be paid to certain officers, whose salary the board fixes, and from time to time offer resolutions to raise the amounts thereof upon the county.

Committee on Town Accounts.

The accounts of officers in the several wards of cities are referred to and audited by this committee. The accounts of all the towns are audited by the town boards, except Justices' fees, but there is no auditing board in the several wards of cities. The committee must audit and keep an account thereof of each ward separate, and report the amount to be assessed upon each. Justice's fees, for services in criminal matters, which are chargeable to the towns and cities, are audited by this committee. See p. 142.

The committee will state all the towns in their report and the amount to be assessed to each. See p. 167. Wherever there is a city in a county, and Justices residing therein present an account for fees in criminal cases less than felonies, this committee will audit the same and charge it to the city, and the clerk in making out the tax will apportion the same among the several wards of such city, according to the taxable property therein.

Lunatic Asylum. Act of 1842, p. 148.

The support of a Lunatic at the Asylum sent under the 26th sec. of the act of 1842, by the county Judge, it seems to be now settled, must be paid by the county. In the case of the town of Alexander vs. the board of Supervisors of the County of Genesee, 7 Hill, p. 171, it was held that an indigent person, not a pauper, sent by the County Judge, was chargeable to the county. The following is the note of the case: Where a resident of one of the towns in Genesee County being in indigent circumstances, but not a pauper, nor furiously mad, was admitted into the State Lunatic Asylum, on the certificate of the first Judge, pursuant to the 26th sec. of the act passed April 7, 1842, and was supported there at the expense of the county, held that the county could not charge the expense to the town.

The Supreme Court in the case of the Supervisors of the County of Monroe vs. the Town of Riga, at the term held by the old Supreme Court, held the same doctrine. The decision in the above cases seemed to be put upon the ground mainly that the lunatic was not a person when sent to the Asylum; and if a pauper the County Judge could not send him, so that every pauper sent by the County Judge must necessarily be a charge to the county.

Copying the Assessment Roll.

This, although done by each Supervisor, is considered in law done by the board of Supervisors. See 1 R. S. 395, and is therefore a county charge.

130.

See p.

After the several committees shall have reported, some member of the board ascertains the whole amount

o be assessed upon the county, and offers the following resolution:

On motion of

be levied

Resolved, That the sum of $ upon the County, for the contingent expenses thereof, besides the treasurer's fees; and that the clerk of this board draw all orders necessary in consequence of any appropriations made by the board, payable on the 15th day of February next.

After the board shall have completed all the business before it, an adjournment is had, to some time before the 15th day of December next thereafter. See 1 R. S. 396. After the board adjourns, the clerk makes out the tax, upon the principles fixed by the board, and extends it upon the several rolls. The clerk, during the session, should be careful to keep the appropriations of each town and ward, in a separate place. The share of each town and ward of the county expenses being ascertained, is added to the expenses or appropriations of such town or ward, and the whole is then assessed upon the personal and real estate as equalized of each town and ward.

The clerk procures to be printed, and adds to each roll the collector's warrant, after the following form:

Form of Collector's Warrant.

STATE OF NEW YORK,
County of Monroe,

}

SS.

To Alexander Babcock, collector of the town of Pittsford in said county:

You are hereby required to collect from the several persons named in the assessment roll hereunto annexed, the several sums mentioned in the last column on each

page thereof, opposite to their respective names; together with your fees for the collection thereof; and you are hereby authorized, in case any of them shall refuse or neglect to pay such sum or sums, to levy the same by distress and sale of his or her goods and chattels, together with the costs and charges of such distress and sale, and your fees for collection. In the execution of this warrant you will proceed in the manner directed by the 29th and 30th sections of the act entitled "An Act to reduce the number of town officers, and town and county expenses, and to prevent abuses in auditing town and county accounts, passed May 10, 1845," copies of which sections are hereto annexed. And you are hereby required to pay the sum of

dollars and

cents, to the Overseers of the poor,

of said town; the further sum of

dollars and

cents to the Commissioners of Highways of

said town, for the repair of roads and bridges therein; the further sum of

dollars and

cents

to the Supervisor of the said town, for the payment of town expenses; the further sum of

dollars and

cents to the Superintendent of Common Schools in the said town, taking their receipts therefor; .

and

dollars and

cents to the Treasurer of the County, being the amount of State tax, mill on the dollar, and

dollars and

cents, being the residue of the tax to the said Treasurer, on or before the first day of February next, retaining in your hands out of the money so collected, for your services, such sums as you are by law authorized to receive as your fees for collection; for which this shall be your warrant. Hereof fail not.

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