4. The amount of all sums charged or received for official services. 5. The sums paid by him for assistance, fuel, lights, stationery and other incidental expenses, the names of the persons paid and the items thereof; but he shall not make any charge against the county for stationery, except record books and stationery furnished by him for courts held in his county, but the board of supervisors may allow the county clerk the necessary expenses incurred by him for lighting and heating his office. (As amended by chap. 593 of 1896, § 1.) § 165. Business hours in clerk's offices.-Clerks of counties, A 1902 C courts of record and registers of deeds, except in the counties of New York and Kings, as hereinafter provided, shall respectively keep open their offices for the transaction of business every day in the year, except Sundays and other days and half days declared by law to be holidays or half-holidays, between the thirtyfirst day of March and the first day of October next following, from eight o'clock in the forenoon to five o'clock in the afternoon, and between the thirtieth day of September and the first day of April next following, from nine o'clock in the forenoon to five o'clock in the afternoon. In the counties of New York and Kings said offices shall remain open during the months of July and August in each year from nine o'clock in the forenoon to two o'clock in the afternoon, and during the other months in each year from nine o'clock in the forenoon to four o'clock in the afternoon. (As amended by chap. 144 of 1895, § 1; chap. 961 of 1895, § I.) ARTICLE IX. SHERIFFS AND CORONERS. SECTION 180. Election, appointment and terms of office of sheriffs and coroners and the undertakings of sheriffs. 181. Under-sheriffs. 182. Deputies. 183. Custody of jails. 184. Sheriff's offices. 185. Fees for services for the state. 186. Removal of sheriff for non-payment of moneys. 187. When a coroner to act as sheriff. 188. When other designations to be made. 189. When county judge to appoint. § 180. Election, appointment and term of office of sheriffs and coroners, and the undertakings of sheriffs.-There shall continue, 1. To be elected in each of the counties a sheriff, and in each of the counties containing a population of one hundred thousand and over four coroners, and in all other counties such number of coroners, not more than four, as shall be fixed by the board of supervisors, who shall respectively hold their offices for three years from and including the first day of January succeeding their election. 2. To be appointed by the governor, a sheriff, or a coroner, when a vacancy shall occur in either of such offices, and the person so appointed shall hold the office until and including the last day of December succeeding the first annual election thereafter, at which such vacancy can be lawfully filled. Every person elected or appointed to the office of sheriff shall, before he enters upon the duties of his office, and if appointed, within fifteen days after notice thereof, execute and deliver to the county clerk of his county, a joint and several undertaking to the county, approved by such clerk, to the effect that such sheriff will, in all things, perform and execute the office of sheriff of his county during his continuance therein, without fraud or deceit. Such undertaking shall be filed in the office of the county clerk; and the clerk shall, at the time of his approval thereof, examine each surety thereto under oath; and he shall not approve of such undertaking, unless it shall appear on such examination that such sureties are jointly worth at least fifteen thou sand dollars over and above all debts whatever; which examination, subscribed by the sureties, shall be indorsed on or attached to the undertaking; but the clerk shall determine the sufficiency of each surety. In the same manner the security shall be renewed within the twenty days after the first Monday of January in each year subsequent to that in which he shall have entered upon the duties of his office. (As amended by chap. 334 of 1898, § 1.) § 181. Under-sheriffs. Each sheriff shall, within ten days after he enters on the duties of his office, appoint some proper person under-sheriff of his county, to hold during his pleasure. When a vacancy shall occur in the office of sheriff, the under sheriff shall, in all things, execute the duties of the office as sheriff, until a sheriff shall be elected or appointed and duly qualified; and any default or misfeasance in the office of such under-sheriff in the meantime, as well as before, shall be deemed to be a breach of the undertaking given by the sheriff who appointed him and also a breach of the undertaking executed by such under-sheriff, to the sheriff by whom he was appointed. § 182. Deputies.-Such sheriff may appoint such and so many deputies as he may deem proper, not exceeding one for every three thousand inhabitants of the county; any person may also be deputed by any sheriff or under-sheriff by written instrument, to do particular acts. Every appointment of an under-sheriff or of a deputy sheriff shall be in writing under the hand and seal of the sheriff and filed and recorded in the office of the clerk of the county; and every such under-sheriff or deputy sheriff shall, before he enters upon the execution of the duties of his office take the constitutional oath of office; but this last provision shall not extend to any person who may be deputed by any sheriff or undersheriff to do a particular act only. § 183. Custody of jails.-Each sheriff shall have the custody of the jails of his county and the prisoners therein and such jails shall be kept by him, or by keepers appointed by him, for whose acts he shall be responsible. 184. Sheriff's offices.--Every sheriff shall keep an office in some proper place in the city or village in which the county courts of his county are held, of which he shall file a notice in the office of the county clerk. If there be more than one place of holding such courts, the notice shall specify in which place his office shall be kept, or it may be specified that an office will be kept in all such places. Every sheriff's office, except in the counties of Kings and New York as hereinafter provided, shall be kept open, except Sundays and other days and half days declared by law to be holidays or half-holidays, from nine o'clock in the morning until five o'clock in the afternoon, during the months of November, December, January, February and March. of each year, and from eight o'clock in the morning until six o'clock in the afternoon during the other months in each year. Every notice or other paper required to be served on any sheriff may be served by leaving the same at the office designated by him in such notice during the days and hours for which he is required to keep such office open, but if there be any person A farm or lot shall not be ceding assessment roll of the town. 4. Assign to each of the highway districts such of the inhabitants and corporations liable to work on highways, as they shall think proper, having regard to proximity of residence as much as may be. and 1901 5. On the fifteenth day of April of each year, make and file with C. 125 the town clerk a written appointment of a resident of each district, to be overseer of highways therein. The town clerk shall notify each overseer of his appointment, within ten days after the filing thereof; and the person so appointed and notified shall thereupon become and be the overseer of highways within his district for on* year, and until his successor shall be appointed. If any person so appointed overseer, shall refuse to serve, or his office shall become vacant, the commissioners shall in like manner appoint some other person to be overseer; 6. Require overseers of highways to warn all persons and corporations assessed to work on highways, to come and work thereon, with such teams and implements, and at such times as the said commissioners, or any of them shall direct; 7. Expend all moneys raised and collected from the town at large for highway purposes, upon the highways and bridges situated in, or upon the borders of the town, or highway districts assigned to the town in which such moneys were raised and collected, in such proportion as they may deem just and proper. 8. Have power to enter upon the lands of any person adjoining any of the rivers, streams or creeks of the state, drive spiles, throw up embankments and perform such other labor as may be necessary upon the banks of such rivers, streams, or creeks for the purpose of keeping them or any of them within their proper channels and preventing their encroachment upon any of the highways of the state, also to enter upon any lands adjoining any *So in the original Highway Officers, Their General Powers and Duties. § 5 highway and which lands during the spring freshets or any time of high water are subject to overflow from such rivers, streams or creeks, and to remove or change the position of any fence or other obstruction which prevents the free flow of water under or through any highway bridge or culvert whenever the same may be necessary for the protection of any highway, and to protect such highways and the property of the town for damages by reason of such rivers, streams or creeks washing away their embankments, or changing the location of the channels, and to agree with the owner of any such lands upon the amount of damages, if any, sustained by him in consequence of such entry upon his lands and the performance of the work herein authorized, and the amount of the damages so agreed upon shall be a town charge, and shall be audited and paid in the same manner as other town charges. If the commissioners are unable to agree with such owner upon the amount of damages thus sustained, the amount thereof shall be ascertained and determined and paid in the same manner as damages for the laying out and opening of highways are required by law to be ascertained, determined and paid, where the commissioners and land owner are unable to agree upon the amount thereof. (As amended by chap. 212 of 1891, chap. 782 of 1897, chap: 344 of 1899, and chap. 399 of 1900.) o added lane. 29 5. Mile-stones and guide-boards.-Commissioners of highways may cause mile-boards or stones to be erected upon the highways in their town as they think proper; they shall also cause guide-posts, with proper inscriptions and devices, to be erected at the intersectings of such highways therein, as they may deem necessary, which shall be kept in repair at the expense of the town, by the overseers of the highways of the districts in which they are respectively located. Upon the written application of five resident taxpayers of any town or twenty resident taxpayers of the county in which any such town is located to the commissioners of highways, requesting the erection of one or more guide-boards at the intersection of highways in such town, the commissioner of highways shall cause to be erected at the intersections mentioned in such application such guide-boards, indicating the direction, distances and names of the towns, villages, or cities to or through which such intersecting highways run. Such application shall designate the highway intersections at which such guide-boards are requested to be erected and may contain suggestions as to the inscriptions and devices to be |