Chapter XII: Inspectors of Election

I. To preside at the annual election, receive the votes legally presented, and deposit them in boxes prepared for that purpose.

II. To count the ballots at the close of the election, make a true statement thereof and transmit it to the "board of canvassers."

Q. How are these officers paid?

A. I. Supervisors receive three dollars per day for county services, and two dollars per day for town services, and are entitled to extras for copying assessment roll and paying out school money.

II. Town clerks are paid by the day for services; also a fee for recording and filing papers.

III. Justices, mostly paid by fees; as officers of the town meeting they are paid by the day.

IV. Collectors receive a percentage for collecting the money.

V. Constables receive a fee, a percentage, and for some services are paid by the day.

VI. Game constables receive a portion of the fine money collected by reason of their prosecutions.

VII. All the remaining officers are paid for their services by the day.

Q. What must all these officers do before entering upon their duties?

A. They must qualify; that is, take the oath of office.

Q. What is the oath of office?

A. See state constitution, art. XII, sec. I.

Q. Who can administer the oath of office?

A. I. The county clerk administers the oath to the justices of the peace.

II. A justice of the peace administers the oath to all other town officers, except inspectors of election.

III. The chairman of the inspectors of election administers the oath to the other inspectors, and one of the others in turn administers it to the chairman.

Q. How many supervisors in the towns of the state?

Q. How many supervisors in the cities of the state?

Q. How many justices of the peace in the state?

IV.--THE COUNTY.

Q. What is a county?

Q. By what authority organized?

Q. How many counties in the state?

Q. When was the colony of New York first divided into counties?

A. In 1683.

Q. How many counties were established in 1683 and their names?

A. Ten: viz, Kings, Queens, Suffolk, New York, Richmond, Westchester, Dutchess, Albany, Ulster and Orange.

Q. What are these counties called?

A. Original counties.

Q. What are the names of the county offices, the number of officials in the same office, and their term?

A. I. One sheriff, term is three years.

II. One county judge, term is six years: in a few counties there are special judges; same length of term.

III. In counties containing more than forty thousand inhabitants a surrogate may be elected; in counties containing less than forty thousand inhabitants, the county judge performs the duties of judge and surrogate; the term of surrogate is six years; in a few counties there are special surrogates.

IV. One county clerk; term is three years.

V. One treasurer; term is three years.

VI. One district attorney; term is three years.

VII. Four coroners; term is three years.

VIII. One or three superintendents of the poor; term is three years.

IX. Two justices of sessions; term is one year.

X. One school commissioner for each commissioner district; term is three years.

Q. What about the eligibility of these officers?

A. I. The sheriff is prohibited from holding the same office for a succeeding term, neither can he hold any other office at the same time. Const., Art. X, Sec. I.

II. No county judge can hold the office longer than the last day of December succeeding his seventieth birthday. Art VI, Sec. 13.

III. No person, except a counselor at law in the supreme court, can hold the office of district attorney, if there be such an one in the county; if there be none, then an attorney may be elected.

IV. Supervisors and county treasurers cannot hold the office of County superintendent of the poor.

V. No sheriff, under sheriff, deputy, sheriffs clerk or coroner can practice as counselor at law during his term of office.

VI. Justices of the sessions must be acting justices of the peace in their respective towns.

VII. There are no other prohibitions in regard to age or re- election of county officers.

Q. What are some of their duties?

I. SHERIFF.

A. I. He is the executive officer of the county.

II. By himself or by his deputies, executes civil and criminal processes throughout the county.

III. Has charge of the jail and prisoners.

IV. Attends courts, and keeps the peace.

V. Must be present by himself or under-sheriff, at the drawing of jurors, and cause them to be legally summoned.

II. JUDGE.

I. He is the presiding officer in the county court.

II. He may with two justices of sessions, hold Courts of Sessions, with such criminal jurisdiction as the Legislature may prescribe,

III. The county judge of any county may preside at Courts of Sessions, or hold County Courts, in any other county except New York and Kings, when requested by the judge of such other county. Art. VI, Sec. 15.

III. SURROGATE.

I. Takes proof of wills of real or personal property.

II. Grants letters testamentary of administrative.

III. Attends generally to the settlement of the estates of deceased persons.

IV. COUNTY CLERK

I. He is the clerk of the courts held in and for the county, namely: Circuit, Oyer and Terminer, County Court and Court of Sessions, and the Special Term.

II. Administers the oath to jurors and witnesses.

III. Records the judgments of the courts.

IV. Draws the grand and petit juries and makes a return of the same.

V. Records mortgages, deeds, satisfaction papers, &c.

V. TREASURER.

I. Receives the moneys collected by the several town collectors for county and state taxes.

II. Pays over to the comptroller the amount going to the state.

III. Pays out the amount due the county, as directed by law.

IV. Receives from the comptroller the school money due the county, and pays the same over to the several supervisors, as directed by the school commissioner's certificate.

V. Makes a general statement of the financial affairs of his office to the board of supervisors, annually.

VI. DISTRICT ATTORNEY.

I. He is the attorney for the county.

II. Presents complaints made to him accusing parties of crime, to the grand jury.

III. Draws "bills of indictment" when found by the grand jury.

IV. Tries indicted parties in the Oyer and Terminer, and Court of Sessions.

VII. CORONERS.

I. Look after and inquire into all matters concerning persons slain, or who have died mysteriously.

II. Summon a jury, subpoena witnesses, and ascertain as far as possible all the facts in regard to the death.

III. In case of a vacancy in the office of sheriff, and there being no under sheriff, one of the coroners designated by the county judge, performs the duties of sheriff until said vacancy be filled by election or appointment.

IV. Have power to arrest the sheriff upon criminal processes.

VIII. SUPERINTENDENTS OF THE POOR.

Have the general care of the county poor house; appoint persons to take charge of the same; and render an account annually to the "board of supervisors" of their doings.

IX. JUSTICES OF SESSIONS.

I. Sit upon the bench with the county judge in the Court of Sessions and with the Supreme Court judge in the Oyer and Terminer, for the trial of such criminals as have been indicted by a grand jury.

II. The law gives them just as much power in the decision of questions as the judge.