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- Civil Government for Common Schools - 4/15 -


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


Civil Government for Common Schools - 4/15

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