THE FORMATION AND DIVISION OF TOWNS.

According to statute, " no town in this state shall be divided, nor any new town erected, without an application to the legis lature by the inhabitants of such town so to be divided, or of the several towns out of which such new town is to be erected, or some of them, accompanied with a map of such town or towns, with the lines of such proposed division or new town marked thereon; and that notice of such intended application shall be given at least ten days previous to the town meeting in each of the towns to be effected thereby, which notice shall be in writing, and affixed on the door of the house where such townmeeting shall be held. and shall be subscribed by at least five persons resident and freeholders in such towns, a copy of which notice shall be read in such town-meeting to the people there assembled, by the clerk of such town, immediately before proceeding to the eléction of town officers."

THE POWERS AND PRIVILEGES OF TOWNS.

The freeholders and inhabitants of each of the towns in this state are authorised by law to make, at their annual or any special town-meeting, such prudential rules and regulations as the majority of the freeholders and inhabitants so assembled and having a right to vote there, shall from time to time judge necessary and convenient, for the following purposes, to wit:

1st. For the better improving of their common lands in tillage, pasturage, or any other reasonable way.

2d. For making and amending their partition and circular fences for their lands, gardens, orchards and meadows.

31. For ascertaining and directing the use and management and times and manner of using their common lands and meadows and other commons.

4th. For ascertaining and directing the times, places, and manner of permitting or preventing cattle, horses, sheep and swine, or any of them, to go at large.

5th For impounding all manner of cattle and creatures what

soever.

6th. For ascertaining the sufficiency of all partition and other fences.

7th. For making such and so many pounds and at such places as may be convenient.

8th. For ascertaining and limiting the fees to be taken by the fence viewers.

9th. And to impose such penalties on the offenders against such rules and regulations, or any of them, as the majority of

such freeholders and inhabitants so assembled, shall from time to time deem proper, not exceeding twelve dollars and fifty cents for each offence, to be recovered with costs of suit by the supervisor of the town where such offence shall be committed. Law N. Y. Town privileges. March 1813.

In case any city or town neglect ic choose their town officers, or any of them, or any town officer hat is duly chosen skall efuse to serve, die, move away, or become incapable to serve before the next annual election, then such city or town is authoris ed within 15 days after the happening of any such contingency, to choose another according to law in the room of such person, And if such city or town are negligent in this respect, such vacancy is to be supplied by a legal appointment of any three justices of the peace of the same county. Ibid.

When no justice of the peace or any town clerk attend at any town meeting, then the freeholders and inhabitants assembled, are authorised to choose a person to preside at such meeting and have and exercise all the powers and authorities in such case vested in the justices. Ibid.

No town meeting shall be held longer than two days, and shall only be held open between sunrise and sunset, and shall be held in such place in each town as the freeholders and inhabitants thereof at their town-meeting, shall from time to time appoint. Ibid.

It is lawful for the freeholders and inhabitants of a town at any annual or special town-meeting, to make provision for raising money and to allow rewards for the destruction of wolves, bears, panthers, wild cats and foxes, and for prosecuting and defending the common rights of such town-And also at any such annual meeting to direct the clerk of such town, to procure and deposit in his office, a standard brass yard, to be sealed by the person authorised to seal and compare such yard,and to be considered the true yard. Ibid.

Also it is lawful for any such meeting to vote such sum of money to be raised in such town as may be necessary for the sup port of the poor in the same.

TOWN OFFICERS..

It is ordained by the constitution, that town clerks, supervi sors, assessors, constables and collectors, and all other officers before eligible by the people, shall always continue to be so eligible, in the manner directed by the present or future acts of the legislature. In conformity to that article of the constitution, the legislature have from time to time provided for the election of such town officers as they deemed requisite, as weil to manage F f

the political institutions of the respective towns, as to enforce the various acts of government. The town offices of inspectors of élections, and commissioners of excise, have been created by particular statutes, and by the 9th section of the common school act of 1814, it is enacted, "that the freeholders and inhabitants of each and every town in this state, wlio are or shall be qualifi ed by law to vote at town meetings, shall annually at their annual town meeting, or at any special town meeting for that purpose called, choose three of the inhabitants of their town, being freeholders, to be commissioners of common schools in such town, also, a suitable number of persons not exceeding six, being inhabitants of such town, whotogether with the commissioners aforesaid, shall be inspectors of common schools in such town; which said commissioners and inspectors shall be chosen by ballot; and shall hold their respective offices for one year, and until others shall be chosen in their places; and in case any of the said officers so chosen, or to be chosen, as aforesaid, in any such town, shall refuse to serve, or die, or remove out of the town, or be incapable of serving, before the next annual town meeting, the vacancy consequent thereon, shall be supplied in the same manner as is provided for filling similar vacancies in other town officers, in and by the act, entitled an "act relative to the duties and privileges of towns," and each of the officers so to be chosen or appointed to supply such vacancy as aforesaid, shall hold his office in the same manner as if he had been elected to the same office by the freeholders and inhabitants of such town at their annual town meeting.

The town officers at present in authority in the several towns in this state may therefore be enumerated as follows, to wit:

THE TOWN CLERK,
ASSESSORS,

INSPECTORS OF ELECTIONS,
COMMISSIONERS OF EXCISE,
COLLECTORS OF TAXES,

COMMISSIONERS OF HIGHWAYS,

OVERSEERS OF HIGHWAYS,

OVERSEERS OF THE POOR,

COMMISSIONERS OF SCHOOLS,

INSPECTORS OF SCHOOLS,

The first section of the act entitled, "an act relative to the duties and privileges of towns," passed March 19, 1813, with the exceptions as above noted, provides for the election of all the town officers now in office, as follows, to wit: "Be it enacted by the people of the state of New-York, represented in Senate and Assembly, That the freeholders and inhabitants of the several towns in this state who are or shall be qualified by law to vote at town meetings, shall assemble together and hold town meetings in their respective towns, on the first Tuesday in April in every year, and then and there choose, one Supervisor, one Town-Clerk, not less than three, nor more than five Assessors, one or more Collectors, two Overseers of the Poor, three Commissioners of Highways, each of which town officers shall be a freeholder and inhabitant of the same town; and so many Constables, Fence-Viewers, and Pound-Masters, being inhabitants of the same town, as to the freeholders and inhabitants of the said town so met, or the major part of them, shall seem necessary and convenient And as many Overseers of Highways as there are road districts in each of the towns respectively (except in the counties of Kings, Queens, Suffolk and Richmond wherein as many Overseers of highways are to be chosen as may be found necessary) which said several officers shall hold their respective offices for one year, and until others shall be chosen in their places; and the said Supervisor, Town-Clerk, Assessors, Collectors, Overseers of the Poor, Commissioners of Highways, and Constables, shall be chosen by ballot.

Penalty. If any of the said last named officers, shall refuse to serve in any such office, or proceed therein before he shall have taken the oath of such office, or if any constable or collector shall proceed in his office before he shall have given lawful security, every such person, shall forfeit to the people of this state, the sum of sixty-two dollars and fifty cents, to be recovered in an action of debt. Ibid.

Oaths amended. It is to be observed, that it is especially enjoined by a late statute, that in addition to the form of the several oaths of office, to be taken by the supervisor, town-clerk, assessors, commissioners of highways, and overseers of the poor, the following words shall be inserted, to wit: "And that I am a citizen of the United States, and that I am a freeholder, and an actual resident of the town of in the county of " (specify the town and county)

Oaths in general. And further we would observe on the subject of the oaths of town officers in general that it is requisite that

of the said recited act, it is enacted, that every male person being a citizen of this state, who shall be above the age of twentyone years, and shall have resided in any town six months next preceding such town meeting and paid taxes within the same, or shall be possessed of a freehold, or shall have rented a tenement of the yearly value of five dollars, for the term of one year within the same, shall have a right to vote at such meeting, and no ether person.

We shall in the following pages endeavor briefly to detail the duties and offices of the said several town officers, according to the order in which we have above arranged them, and first of the

TOWN CLERK.

OFFICE.

The office of town clerk is of secondary importance to that of the supervisor, and it will be seen that although it is not of such high responsibility, yet that his duties are more numerous than those of any other town officer.

HIS OATH.

town

It is incumbent on the town clerk within 15 days after his election or appointment, to take and subscribe before some justice of the peace the following oath, to wit: "I clerk of the town of in the county of do solemnly and sincerely promise and swear (or affirm) that I will faithfully and honestly, keep all the books, records, writings and papers by virtue of my said office of town clerk committed, and which shall from time to time be committed unto me, and in all things to the best of my knowledge and understanding, well and faithfully perform the duties of my said office of town clerk, without favor or partiality; and that I am a citizen of the United States, and that I am a freeholder and an actual resident of the said town of in the said county of

DUTIES.

The duties of the town clerk may be concisely explained under the following heads, viz:

1. His duties touching town elections and town meetings. 2. As the recorder, filacer, and depository, of all such town

regulations and documents which it is incumbent on him by law