Civil Government for Common Schools / Prepared as a Manual for Public Instruction in the State of New York

by Henry C. Northam

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.

X. SCHOOL COMMISSIONERS.

I. Apportion the school moneys among the several districts in the county.

II. Make an annual report to the superintendent of public instruction, containing all the statistics embraced in the several reports from the trustees of his district.

III. Visit and examine all the schools and school districts within their districts as often in each year as shall be practicable; inquire into all matters relating to the management, the course of study and mode of instruction, the text books used and the discipline of such schools.

IV. Examine in regard to the "moral character," "learning" "and ability to teach," persons proposing to teach public schools in their districts; and if they find them, qualified, grant them certificates in the form prescribed by the superintendent.

V. Form new districts, or change the boundary lines of old ones.

VI. Organize at least once each year, or in concert with one or more commissioners in the same county, a "teachers' institute," and induce if possible all the teachers in their districts to be present and take part in its exercises.

Q. What are the salaries of each of these officers, or how paid?

I. SHERIFF.

A. I. Receives a fee on all papers served

II. Receives a per cent on money collected on executions.

II. JUDGE.

Receives a salary established by the legislature, varying in different counties according to population and business.

III. SURROGATE.

I. Receives a salary, varying in different counties, according to business.

II. When the judge performs the duties of surrogate the one salary suffices for all the duties performed.

III. The surrogate is entitled to a clerk.

IV. COUNTY CLERK.

I. Receives a fee for all papers recorded.

II. Receives a fee for administering oaths in court.

III. Is paid extra for copying or re-indexing old records.

V. TREASURER.

I. The county treasurer shall receive an annual salary fixed by the "board of supervisors."

II. The salary shall be established by the "board," at least six months before his election.

III. The salary shall not be increased nor diminished during his term of office.

VI. DISTRICT ATTORNEY.

I. A salary fixed by the board of supervisors, when they resolve so to do.

II. Can try civil causes, when not engaged officially, receiving as his own the fees for the same.

VII. CORONERS.

I. For holding inquests they are entitled to a reasonable compensation to be audited and allowed by the board of supervisors.

II. For performing sheriff's duties, they are entitled to same fees as sheriff.

VIII. SUPERINTENDENT OF THE POOR.

Paid by the day.

IX. JUSTICES OF SESSIONS.

Three dollars a day.

X. SCHOOL COMMISSIONERS.

I. A salary of eight hundred dollars a year, established by law.

II. Supervisors are required to audit and allow two hundred dollars extra for expenses.

III. A majority of the supervisors of any school commissioner district may increase the salary of said school commissioner; the increased salary must be levied upon the towns composing such commissioner district.

Q What must county officers do, before entering upon the duties of their office?

A. Take the oath prescribed by State Constitution in Art. XII,
Sec. I.

Q. What county officers are required in addition to the oath prescribed to execute a bond for the faithful performance of their duties?

A. Sheriff, county treasurer, surrogate and county superintendents of the poor.

Q. Who administers the "oath of office" to the county officers?

A. The county clerk.

Q. In case of the re-election of the county clerk, before whom can he qualify?

A. The county judge.

Q. Where are these oaths of office and bonds recorded?

A. In the county clerk's office.

Q. Who is the sheriff of this county?

Q. Who is the present judge and what is his salary?

Q. Is there a separate officer as surrogate, and why?

Q. Who is the county clerk?

Q. Who is the county treasurer?

Q. Who is the district attorney?

Q. Who are the coroners?

Q. Who are the superintendents of the poor?

Q: Who are the justices of sessions?

Q. Who are the school commissioners?

TOWN AUDITORS.

By laws of 1878, 1879 and 1880, the following-named counties are
exempt from electing "town auditors," as prescribed on page 13:
Wayne, Delaware, Allegany, Oneida, Cayuga, Erie, St. Lawrence,
Schuyler, Rockland, Orange, Sullivan, Columbia, Broome, Lewis,
Madison, Wyoming, Queens, Jefferson, Fulton, Oswego, Suffolk,
Onondaga, Saratoga, Ontario, Yates, Rensselaer, Genesee,
Schenectady, Monroe, Livingston, Otsego, Schoharie, Niagara and
Orleans.

A TABLE

Showing the salaries of the several county judges and surrogates of the State of New York at the present time, as established by the statutes of 1877 and 1880:

COUNTIES. JUDGE. SURROGATE.
New York, ———- $12,000
Kings, $10,000 10,000
Erie, 5,000 4,000
Albany, 4,500 4,000
Westchester, 4,500 4,000
Onondaga, 4,000 4,000
Oneida, 4,000 4,000
Monroe, 4,000 4,000
Rensselaer, 3,500 3,500
Saratoga, 3,000 2,500
Ulster, 3,000 3,000
Dutchess, 3,000 3,000
Queens, 2,500 3,000
Chautauqua, 2,000 1,600
Cayuga, 2,000 2,000
Columbia, 2,000 2,500
Ontario, 2,000 1,500
Cattaraugus, 1,500 1,500
Oswego, 1,500 1,500
Jefferson, 1,500 1,500
Niagara, 1,500 1,500
Orange, 1,500 2,500
Otsego, 1,800 1,500
St. Lawrence, 1,750 1,750
Washington, 1,200 1,500
Suffolk, 1,000 1,500

The following are counties in which county judges act as surrogates, receiving the one salary for both offices;

$2,000 Salary

Franklin,
Greene,
Rockland,
Schenectady,
Warren,
Wayne,
Delaware
Orleans,

$3,000 Salary

Broome,
Chemung,
Chenango,
Herkimer,
Livingston,
Madison,
Clinton,

$3,500 Salary

Richmond,
Steuben,

$2,500 Salary

Cortland,
Essex,
Genesee,
Schoharie,

$2,500 Salary

Tioga,
Tompkins,
Wyoming,
Montgomery,

$1,500 Salary

Putnam,
Schuyler,
Yates,

$1,750 Salary

Allegany,

$2,250 Salary

Fulton,

$1,200 Salary

Sullivan,
Lewis,

$1,000 Salary

Seneca,

$800 Salary

Hamilton,