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Power to

require at

tendance of

in the next volume of statutes, and to be published in the same manner as statutes are to be published.

892. The board have power, by their chairwitnesses. man or by the chairman of any committee authorized to send for persons and papers, to issue subpoenas to compel the attendance of any person, and the production of any books or papers relating to the affairs of the county, for the purpose of examination upon any matter within their jurisdiction.

Service of subpœna.

Neglect to comply.

Laws of 1858, ch. 190, §§ 1, 3; Laws of 1856, ch. 108.

§ 893. The subpoena shall be served by the sheriff, or any deputy sheriff or constable to whom it is delivered, by reading it to the person named and delivering to him a copy. The officer's return thereon of the time and place of service is presumptive evidence thereof.

Ib., § 2.

§ 894. Whoever neglects to comply with the subpoena, or refuses to answer any question that a majority of the board or committee deem proper, is guilty of contempt. It is the duty of the chairman of the board or committee, or any county judge or judge of the supreme court, or any judge of the superior court or court of common pleas of any city within the state, thereupon to issue to the sheriff of the county where the witness was required to attend, an attachment against him, return

able before the judge granting it; upon the return of which the same proceedings may be had in all respects as in the case of witnesses in civil actions. The action of the judge, if out of court, shall be in writing, signed by him and filed in the office of the clerk of the county where the proceedings are had; and orders entered thereupon by the clerk shall have the same force as if made by the court. Laws of 1858, ch. 190, §§ 4, 5, 8,

ment; bond

to appear.

895. The board or committee at whose in- Adjourn. stance the attachment is issued shall, if it be not returned at the time of their adjournment, adjourn to a specified time and place, of which their chairman shall give notice to the judge. If the offender is arrested he shall not be discharged until he has given a bond to the board, in the penalty of two hundred and fifty dollars, with two sufficient sureties, approved by the judge, conditioned for his appearing and submitting to examination before the board or committee at the time and place to which they are adjourned.

Ib., § 6.

ings on the bond.

§ 896. The bond shall be filed in the county Proceed clerk's office, and if broken it is the duty of the district attorney to prosecute it for the benefit of the poor of the county.

Ib., § 7.

Examina

897. A witness is bound to answer all question of wit tions which he would be bound to answer in the

nesses.

Form and verification of accounts to be au

dited.

Fees, &c., of officers for criminal

same case in a court of justice; but testimony given under the five preceding sections shall not be used against the witness, on the trial of any criminal prosecution other than for perjury committed on the examination.

Laws of 1858, ch. 190, § 9.

§ 898. No account shall be audited by the supervisors for any services or disbursements unless it is made out in items, and has attached to, and filed with it, the affidavit of the claimant, that the items are correct, and that the disbursements and services charged therein have been in fact made or rendered or are necessary to be made or rendered at that session of the board, and that no part thereof has been paid or satisfied. Each account shall state the nature of the services; and where no specific compensation is provided by law therefor the time necessarily devoted to its performance. The board may disallow, or require further evidence of . the account notwithstanding the verification.

1 R. S., 680, §§ 26, 27; 711, §§ 1, 2.

§ 899. All fees and accounts of magistrates and proceedings other officers for criminal proceedings, including cases of vagrancy, shall be paid by the town or cities where the offense was committed. Such accounts shall specify the place, and the board shall assess the same upon the town or city specified. But when any person is bound over or committed to await trial at the oyer and terminer, or

court of sessions, the cost of the proceedings after he was so bound over or committed, shall be charged to the county. This section does not apply to felonies, nor where the proceedings or trial for the offense are had before any court of oyer and terminer, or court of sessions of the county; nor in any case in the county of Kings. The fines collected in any such cases shall be credited to the town or city respectively.

1 R. S., 680, § 28.

subponaing witnesses.

§ 900. No fees shall be allowed for traveling to Fees for subpoena a witness, except such as the board are satisfied were indispensably necessary.

Ib., § 30.

§ 901. All accounts presented in any year shall be numbered, from one upwards, in the order in which they are presented; and the time of presentation, the names of the persons in whose favor they are made out, and by whom presented, shall be entered in the minutes of the board; and no such account shall be withdrawn from the custody of the board or its clerk, except to be used as evidence in a judicial proceeding and forthwith returned.

Ib.

Accounts to served."

be numbered and pre

charges.

§ 902. The board shall annually cause to be Town raised in each town the amount of town charges in the mode prescribed by the "Fiscal Laws."

Ib., 663, § 49.

The clerk; his compensation.

Duty of the olerk.

§ 903. Each board shall appoint a clerk at a compensation to be fixed by the board. In the county of Albany the compensation of the clerk or clerks shall not exceed five hundred dollars. In the county of Rensselaer it shall not exceed four hundred dollars.

1 R. S., 682, § 37; Laws of 1857, ch. 348, § 2; ch. 331, § 2.

904. It is the clerk's duty:

1. To record, in a book to be provided for the purpose, all the proceedings of the board;

2. To enter every resolution or decision concerning the raising or payment of moneys;

3. To record the vote of each supervisor on any question submitted to the board, if required by any member present;

4. To preserve and file all accounts presented to or acted on by the board, and to designate, upon every account audited, the amount allowed and the charges for which it was allowed;

5. To keep the books and papers of the board free to the examination of all persons.

1 R. S., 682, §§ 37, 38, 39, 43.

The provision of the acts of 1855 (ch. 249, § 2), that certified copies of the records of the board are evidence, is properly within the scope of the CODE OF CIVIL PROCEDURE.

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