Showing the salaries of the several county judges and surrog

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CIVIL GOVERNMENT FOR COMMON SCHOOLS.

PREPARED AS A MANUAL FOR PUBLIC INSTRUCTION IN THE STATE OF NEW YORK.

To which are appended the Constitution of the State of New York as

amended at the election of 1880, the Constitution of the United

States, and the Declaration of Independence.

BY HENRY C. NORTHAM,

CONDUCTOR OF TEACHERS' INSTITUTES.

PREFACE TO THIRD EDITION.

Instruction in Civil Government should be both theoretical and

practical. Unfortunately the text-books in general use stop with

the theory.

They deal with the science of government, but, being intended for

use throughout the United States, they give no information as to

the ART of government as practiced in this State.

Our students learn what is the guaranty of Republican government,

but not how that government is exercised in their own town.

They are drilled in Incorporeal Hereditaments, but do not learn

what kind of causes can be tried before a Justice of the Peace.

To supply this deficiency, is the aim of the present manual.

Beginning with the school district, the names, manner of election,

duties, and salaries are given of all important officers from the

school trustee to the President of the United States.

The rapid sale of the First and Second Editions of this book

encourages the hope that, with the additions now made, this manual

may be considered indispensable in every PROGRESSIVE school in the

State of New York.

HENRY C. NORTHAM. LOWVILLE, April 22, 1878.

I.--INTRODUCTION.

Officers are elected to administer the government for

I. The United State

II. Each State

III. Counties.

IV. Cities

V. Towns

VI. Districts

The following are names given to some of the different kinds of

districts in the State of N. York

I. Road, School and Election Districts.

II. School Commissioner Districts.

III. Assembly districts

IV. Senatorial districts

V. Congressional districts

VI. Judicial districts

QUESTION. Which are the smallest districts named?

A. Road, School and Election districts.

Q. What is a road district?

A. A portion of a town placed under the charge of an officer,

whose duty it is to see that the roads are kept in good condition.

Q. What is a school district?

A. A portion of a town or city, placed under the care of officers,

whose duties are to maintain a public school in and for the

district

Q. What is an Election district?

A. A whole or part of a town, in which all the voting is done at

one poll.

Q. What is a School commissioner district?

A. A whole or a portion of a county, under the jurisdiction of a

school commissioner.

Q. What is an Assembly district?

A. A whole or a portion of a county set off for the purpose of

electing a "Member of the Assembly," except Fulton and Hamilton,

which together form one district, and elect one member.

Q. What is a Senatorial district?

A. A portion of a county, a whole county, or several counties

combined for the purpose of electing a Senator; the amount of

territory depending upon population.

Q. What is a Congressional district?

A. A portion of a county, a whole county, or several counties

combined for the purpose of electing a "Representative in

Congress;" the amount of territory depending upon population.

Q. What is a Judicial district?

A. One county (as in the case of New York), or several counties

united for the purpose of electing Supreme Court Judges.

Q. Name the civil divisions in regular order and tell what a

combination of each forms?

A. Road and school districts form towns; towns when united form

counties; counties when united form a State; and also in many

instances, Senatorial, Congressional and Judicial districts.

States when united form a Union.

Q. How many States are there?

A. Thirty-eight.

Q. How many counties in New York State?

A. Sixty.

Q. How many towns in New York State?

A. Nine hundred and forty; the number is changing from year to

year; the exact number can be found by consulting the almanacs

that give the election returns.

Q. How many cities in the State of New York?

A. Twenty.

Q. How many School Commissioner districts in New York State?

A One hundred and twelve.

Q. How many Assembly districts?

A. One hundred and twenty-eight.

Q. How many Senatorial districts?

A. Thirty two.

Q. How many Judicial districts?

A. Eight.

Q. How many Congressional districts?

A. Thirty-three.

Q. How many School districts in New York State?

A. About twelve thousand.

Q. By what authority are counties organized?

A. By the State Legislature.

Q. How are Towns formed?

A. By an act of the board of supervisors.

Q. By whom are School districts formed?

A. Generally by the school commissioners, sometimes assisted by

the supervisor and town clerk of the town; sometimes by special

legislation.

Q. What power defines the number of Assembly, Senatorial and

Judicial districts?

A. The State Constitution.

Q. What power decides upon the number of Congressional districts?

A. The Congress of the United States.

NOTE--The following table will be the guide for questioning

through all the succeeding pages:

I. Name of office

II. Number of Officials holding the same office at the same time.

III. Term of office.

IV. Eligibility. V. Duties.

VI. Salary or how paid.

II--THE SCHOOL DISTRICT.

Q. What is a school district?

Q. How many school districts in your town?

Q. How many school districts in your county?

Q. How many school districts in New York State?

Q. What are the names of the officers in a school district?

A. I. Trustee or trustees; or a board of education.

II. Clerk.

III. Collector.

IV. Librarian

Q. What is the number of officials holding the same office at the

same time?

A. I. One or three trustees, as a district decides. If a board of

education, it may be not less than three nor more than nine.

II. One clerk

III. One collector.

IV. One librarian.

Q. What are the names of those districts in which there is a board

of education?

A. Union free school districts; and they are allowed to have an

additional officer, called a treasurer.

Q. What is the term of office of each?

A. I. If there be only one trustee, his term is one year.

II. If there be three trustees, the term is three years, one being

elected each year; if the board of education consists of six or

nine members, the term is three years; one third of the number

being elected each year.

III. Clerk, collector and librarian, each hold the office for one

year.

Q. Who are eligible to school offices in this state?

A. None but males; they must be twenty-one years of age; and

trustees can hold no other school office.

Q. What are some of the duties of school district officers?

TRUSTEES.

A. I. To hold and keep district property for the use of the

school.

II. To hire and pay a qualified teacher or teachers, and maintain

a school for at least twenty-eight weeks during the school year.

III. To make to the school commissions an annual report between

the first and second Tuesdays of August in each year.

IV. To make out all district taxes and issue a warrant for their

collection, etc., etc.

CLERK.

I. To record the proceedings of the district.

II. To give notice according to law of annual and special

meetings.

III. To notify each person elected or appointed to office, and

also to report their names and post-office address to the town

clerk.

IV. To notify the trustees of every resignation accepted by the

supervisor.

V. To keep and preserve all books, records and papers belonging to

his office, and to deliver the same to his successor, etc, etc,

COLLECTOR.

I. To collect all district taxes made out by trustees and placed

in his hands.

II To pay out the money as directed by their order.

LIBRARIAN.

To have charge and supervision of the school district library.

Q. What is the salary of these officers and how paid?

A. The collector only is entitled to pay; he receives one per

cent. on all moneys collected during the first fourteen days after

advertising; after that time five per cent.

Q. How shall we find hereafter that officers are paid?

A. Some are paid a salary; some by the day; some by a fee; some by

a per cent.

Q. What is meant by a salary? a fee? a per cent?

Q. How can a school district having three trustees change to one

trustee?

Q. Can a district having a sole trustee change back and legally

elect three?

[NOTE--All questions unanswered here, should be studied by

teachers very carefully, and the correct answers obtained. they

should also introduce many others that will be suggested by the

lesson.]

III.--THE TOWN.

Q. What is a town?

Q. How many towns in your county?

Q. How many towns in New York State?

Q. What are the names of the officers in a town, the number of

officials in each, and their terms of office?

A. I. One supervisor, elected for one year.

II. One town clerk, elected for one year.

III. Four justices of the peace, elected for four years.

IV. Three assessors, elected for three years.

V. One or three highway commissioners, as the electors may

determine; if one be elected, the term is one year; if three, the

term is three years.

VI. One or two overseers of the poor, as the electors may

determine; term one year.

VII. One collector, elected for one year.

VIII. Constables, not to exceed five; term one year.

IX. One game constable; term one year.

X. Three town-auditors; term one year.

XI. Three excise commissioners; term three years.

XII. Three inspectors of election; term one year; and in some

villages and cities a sealer of weights and measures.

Q. What are some of their duties?

I. SUPERVISORS.

I. To receive the school money belonging to the town, and pay it

out by order of the trustees.

II. To receive other money belonging to the town, and disburse the

same according to law.

III. To meet with the other supervisors of the county as a "board

of county canvassers."

IV. To meet with the other supervisors of the county as a "board

of supervisors"; to audit all lawful accounts against the county,

make out the tax lists and cause them to be collected; and perform

such other acts of legislation as the constitution and statute

laws have conferred upon them.

II. TOWN CLERK.

I. To keep the records of the town.

II. To keep in his custody such books and papers as belong to the

town.

III. To act as clerk of the town meetings,

IV. To file such papers as properly belong to his office; and to

perform the general clerical duties for the town.

III. JUSTICES OF THE PEACE.

I. To be the judicial officers for the town.

II. To issue warrants for the arrest of persons accused of

committing crimes, and also summonses for the purpose of bringing

before them persons for trial in civil actions.

III. To take acknowledgment of conveyances, administer oaths, act

as inspectors at the town meeting, etc.

IV. ASSESSORS.

I. To make an inventory of the real estate in the town, naming the

number of acres owned by each person, and fixing upon the same a

valuation in proportion to its worth.

II. To make an inventory of the personal property held by the

several persons in town, such as notes, mortgages, &c., which with

the real estate forms the basis for taxes.

V. HIGHWAY COMMISSIONERS.

I. To have the care and general supervision of the highways and

bridges.

II. To lay out new roads, when directed by a jury legally called

for that purpose and discontinue others when directed by the same

authority.

III. To divide the town into districts, and appoint overseers for

the same.

VI. OVERSEERS OF THE POOR.

To look after and provide for, either at home or in the county

house, such as are in indigent circumstances.

VII. COLLECTOR.

I. To give a bond to the supervisor for double the amount to be

collected, with one or more sureties for the faithful performance

of his duties.

II. To receive the tax list and warrant, and collect the tax and

pay it over as directed.

VIII. CONSTABLES.

I. To serve summonses issued by the justices.

II. To arrest and bring prisoners before a justice, and to have

the custody of them.

III. To collect moneys upon executions, and if necessary to sell

property to satisfy the same.

IV. To see that order is preserved in the community.

V. To attend the higher courts in their official capacity when

directed by the sheriff.

IX. GAME CONSTABLE.

To look after and prosecute for the violation of the game laws.

X. TOWN AUDITORS.

To examine the accounts of the town officers and pass upon the

same.

XI. EXCISE COMMISSIONERS.

To meet and act upon petitions asking for the privilege of selling

spirituous liquors.

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.

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,

V.--THE CITY.

Q. What is a city?

Q. By what authority organized?

A. By an act of the legislative.

Q. What instrument defines its powers?

A. A charter.

Q. What are the divisions of a city called?

A. Wards.

Q. Name the cities in New York State, when incorporated, and the

number of wards in each?

Answer:

Pop. in 1800

New York, 1680, has 24 wards, 1,206,590

Brooklyn, 1834, has 25 wards, 566,689

Buffalo, 1832, has 13 wards, 155,137

Albany, 1832, has 16 wards, 90,903

Rochester, 1686, has 16 wards, 89,363

Troy, 1816, has 13 wards, 56,747

Syracuse, 1847, has 8 wards, 51,791

Utica, 1832, has 12 wards, 33,913

Auburn, 1848, has 7 wards, 21,924

Oswego, 1848, has 8 wards, 21,117

Elmira, 1864, has 7 wards, 20,541

Poughkeepsie 1854, has 6 wards, 20,207

Cohoes, 1869, has 4 wards, 19,417

Yonkers, 1872, has 4 wards, 18,892

Kingston, 1872, has 9 wards, 18,342

Newburg, 1865, has 4 wards, 18,050

Binghamton, 1867, has 5 wards, 17,315

L. I. City, 1870, has 5 wards, 17,117

Schenectady, 1798, has 5 wards, 13,675

Lockport, 1865, has 4 wards, 13,522

Rome, 1870, has 5 wards, 12,045

Watertown, 1869, has 4 wards, 10,697

Ogdensburg, 1868, has 4 wards, 10,340

Hudson, 1785, has 4 wards, 8,828

The census for 1880 is not fully completed, but gives

substantially the above figures.

Q. How populous must a village be, before it can be incorporated

as a city?

A. No definite number is required; whenever a large proportion of

the inhabitant desire it, the legislature will grant a city

charter.

Q. What is the executive officer of a city called?

A. The Mayor. His term of office is one year, unless otherwise

ordered by the, charter, as in New York and Albany where it is two

years.

Q. What other important officers are elected?

A. Aldermen and Supervisors; one each in every ward unless

otherwise ordered by their charter.

Q. What officers form the common council?

A. Mayor and aldermen; and they are the legislative body of the

city; they have authority to appoint police officers.

Q. What courts exist in cities in addition to those established

for the State at large?

A I. The Superior Court of the city of New York.

II. The Court of Common Pleas for the city and county of New York.

III. The Superior Court of Buffalo.

IV. The City Court of Brooklyn. Const, Art. VI., Sec. 12.

JURIES.

Q. What is a jury?

A. A body of men elected according to law, and sworn to inquire

into and try any matter of fact, and declare the truth of it on

the evidence given in the case.

Q. Name some juries?

A. I. One of six persons for the trial of causes in a Justice

Court

II. One of twelve persons, summoned for the purpose of laying out

new roads or discontinuing old ones.

III. One of not less than six nor more than fifteen persons,

summoned by the coroner, to inquire into the cause of any violent

death.

IV. One of twelve men, called a petit jury, whose duty it is to

try causes, civil or criminal, in the county court and sessions,

or circuit and oyer and terminer.

V. One called a grand jury of not less than sixteen nor more than

twenty-three, whose duty it is to examine into accusations

against persons charged with crime, and if they find sufficient

testimony to warrant it, to find a bill of indictment against them

to be presented to the court.

Q. Name some qualifications requisite for jurors?

A. They must be freeholders, twenty-one years old.

Q. Who are exempt from sitting on a jury?

A. Persons over sixty years of age, postmasters and many others.

Q. How many are summoned for a justice court and by whom?

A. Twelve, and by a constable; and from these twelve six are

drawn.

Q. Who selects and notifies the jury for laying out roads,

A. By the coroner.

Q. How is the petit jury list obtained?

A. The supervisors, town clerk, and assessors of the several towns

of the county make out a list of the names of those persons

qualified, and the names in the several lists are written upon

slips of paper of the same size and deposited in a box in the

county clerk's office.

Q. How is the grand jury list obtained?

A. The supervisors apportion the number (three hundred,) among the

several towns in the county in proportion to population. Each

supervisor selects from his town the number to which it is

entitled; and these several lists are written upon slips of paper

as before and deposited in a box in the county clerk's office.

Q. How frequently are the lists changed?

A. The petit jury list is changed once in three years; the grand

jury list every year.

Q. When are these juries drawn?

A. Not more than twenty, nor less than fourteen days before the

sitting of the court for which they are drawn.

Q. How many are drawn?

A. Thirty-six petit and twenty-four grand jurors.

Q. How is the jury for each individual case obtained?

A. The thirty-six petit jurors' names are put into a box and the

names are drawn out until twelve satisfactory persons are

obtained.

Q How many of this jury must agree in a verdict?

A. The twelve must agree.

Q. Who is the officer authorized to report the verdict?

A The person they have elected foreman.

Q. In case the twelve jurymen do not agree, what will be done?

A. When the judge is satisfied that the jury will not agree he

will discharge them.

Q. What will be done with the case then?

A. Another trial will take place with a different jury, unless the

suit be discontinued.

Q. Who is the presiding officer of the grand jury?

A. The foreman, and he is appointed by the judge who presides at

that court.

Q. What other officer does this jury have?

A. A clerk, one of their number, who writes out the testimony as

it is given.

Q. Who can be present with this jury? A. Only the witness who is

being examined, and the district attorney, if desired by the jury;

but none except jurors can be present when they ballot in regard

to a bill.

Q. What is done with a bill of indictment when found?

A. It is handed over to the court, and the sheriff will cause the

arrest of the person unless he be already in custody.

STRUCK JURY.

Q. What courts may order a struck jury?

A. The Supreme Court and superior city courts.

Q. When may the above-named courts order a struck jury?

A. When it shall appear that an impartial trial cannot be had, or

that the intricacy of the case requires such a jury.

Q. What time is required in the notice for striking a jury?

A. The party obtaining the order shall give notice eight days

before the time for striking, that he will attend before the clerk

of the county in which the venue is laid, for the purpose of

having such jury struck.

I. The clerk shall select from the jury lists of the several towns

the names of forty-eight persons, whom he shall deem most

indifferent between the parties, and best qualified to try the

cause.

II. The party or his attorney, on whose application the order was

granted, shall first strike one from the list, and then the

opposing party or agent, alternating until twelve shall have been

stricken from the list by each party.

III. The clerk shall certify the names of the twenty-four persons

whose names have not been stricken off, who shall be summoned, and

from which number a jury shall be impaneled as in other juries.

VII.--STATE.

Q. Upon what is the state government based?

A. Upon a constitution adopted by the people.

Q. How many departments are provided for by the constitution?

A, Three; the Legislative, Executive, and Judicial.

Q. What are the divisions of the Legislative department?

A. The Assembly and the Senate.

Q. What is the number of members in each body, and their term of

office?

A. One hundred and twenty-eight members of the Assembly, elected

for one year. Thirty-two senators elected for two years. Art.

Ill., Const.

Q When, and how is the number of members of the Assembly

apportioned among the several counties?

A. Once in ten years by the Legislature immediately after taking

the state census, and as nearly as can be, according to

population, excluding aliens, but giving to every county except

Hamilton at least one member.

Q. When and how is the number of members of the Senate apportioned

in the State?

A. At the same time, by the Legislature; and as nearly as possible

according to population. A Senatorial district sometimes embraces

a portion of a county, sometimes a whole county; at other times

two or more counties; but no county can be divided, unless it can

be equitably entitled to two or more members.

The following apportionment was made in 1879:

SENATE DISTRICTS.

I. Queens and Suffolk.

II. The First, Second, Fifth, Sixth, Eighth, Ninth, Tenth,

Twelfth, and Twenty-second wards of Brooklyn, and the towns of

Flatbush, Gravesend, and New Utrecht.

III. The Third, Fourth, Seventh, Eleventh, Thirteenth, Nineteenth,

Twentieth, Twenty-first, and Twenty-third wards of Brooklyn.

IV. The Fourteenth, Fifteenth, Sixteenth, Seventeenth, Twenty-

fourth, and Twenty-fifth wards of Brooklyn, and New Lots and

Flatlands.

V. Richmond, First, Second, Third, Fifth, Sixth, Eighth,

Fourteenth, and parts of the Fourth and Ninth wards of New York,

and Governor's, Bedloes, and Ellis Islands.

VI. The Seventh, Eleventh, Thirteenth, and a part of the Fourth

wards of New York.

VII. The Tenth, Seventeenth, and portions of the Fifteenth,

Eighteenth, and Twenty-first wards of New York.

VIII. The Sixteenth, and parts of the Ninth, Fifteenth,

Eighteenth, and Twentieth wards of New York.

IX. The Eighteenth, Nineteenth, and Twenty-first wards, lying east

of Third Avenue, New York, and Blackwell's Island.

X. Portions of Twentieth, Twenty-first, Nineteenth, Twelfth, and

Twenty-second wards, New York, and Ward's and Randall's Islands.

XI. The Twenty-third, Twenty-fourth, and portions of the Twelfth,

Twentieth, and Twenty-second wards of New York.

XII. Westchester and Rockland.

XIII. Orange and Sullivan.

XIV. Ulster, Schoharie, and Greene.

XV. Dutchess, Columbia, and Putnam.

XVI. Rensselaer and Washington.

XVII. Albany.

XVIII. Saratoga, Fulton, Hamilton, Montgomery, and Schenectady.

XIX. Clinton, Essex, and Warren.

XX. St. Lawrence, Franklin, and Lewis.

XXI. Oswego and Jefferson.

XXII. Oneida.

XXIII. Madison, Otsego, and Herkimer.

XXIV. Delaware, Chenango, and Broome.

XXV. Onondaga and Cortland.

XXVI. Cayuga, Tompkins, Seneca, and Tioga.

XXVII. Chemung, Steuben, Allegany.

XXVIII. Wayne, Ontario, Schuyler, and Yates.

XXIX. Monroe and Orleans.

XXX. Wyoming, Genesee, Livingston, and Niagara.

XXXI. Erie.

XXXII. Cattaraugus and Chautauqua.

THE ASSEMBLY.

Allegany, Broome, Chemung, Chenango, Clinton, Columbia, Cortland,

Delaware, Essex, Franklin, Fulton and Hamilton, Genesee, Greene,

Herkimer, Lewis, Livingston, Madison, Montgomery, Ontario,

Orleans, Putnam, Richmond, Rockland, Schenectady, Schoharie,

Schuyler, Seneca, Suffolk, Sullivan, Tioga, Tompkins, Warren,

Wyoming, Yates, have each one district, except Fulton and Hamilton

which are united in one district.

Cattaraugus, Cayuga, Chautauqua, Dutchess, Jefferson, Niagara,

Orange, Oswego, Otsego, Queens, Saratoga, Steuben, Wayne,

Washington have each two districts.

Monroe, Oneida, Onondaga, Rensselaer, St. Lawrence, Ulster, and

Westchester have each three districts.

Albany has four districts.

Erie has five districts.

Kings has twelve districts.

New York has twenty-four districts, or nearly one-fifth of the

entire Assembly.

In all, there are one hundred and twenty-eight assembly

districts, each electing one member of the assembly.

Q. What must be done in those counties that are entitled to two or

more members?

A. The "boards of supervisors" of such counties, except the city

and county of New York, must divide their respective counties into

Assembly districts; the number of districts being equal to the

number of members heretofore apportioned by the Legislature to

these several counties; the territory must be contiguous, and no

town can be divided in the formation of districts.

Q. By whom is the city and county of New York divided into

districts?

A. By the "board of aldermen"; they meet for that purpose at such

time as the Legislature shall designate.

ELIGIBILITY.

Q. Who are eligible to the Legislature?

A. The requirements are these.

I. The candidate must be twenty-one years of age.

II. He must not at the time of election, nor within one-hundred

days previous thereto, have been a member of congress, a civil or

military officer under the United States, or any officer under any

city government.

III. Should any person after his election to the Legislature be

elected or appointed to any of the offices just named, his

acceptance thereof will vacate his seat in the Legislature.

DUTIES.

Q. What are some of the duties of the members of the assembly?

I. To take the oath of office. Art. XII., Sec. I Const.

II. To organize by electing their presiding officer, who is called

the speaker; and who must be one of their number.

III. To elect also the other officers, viz: a Clerk, Sergeant-at-

Arms, Door-Keeper, and two assistant Door-Keepers; persons not

members of their body.

IV. To have co-ordinate jurisdiction with the Senate in the

enactment of laws.

V. To prefer charges against officers for misconduct in office;

which is called impeachment.

ORGANIZATION.

Q. Who calls the Assembly to order for the purpose of

organization?

A. The Clerk of the last Assembly.

Q. Who furnishes the Clerk with an official list of the members

elect?

A. The Secretary of State

Q. By whom is the oath of office administered?

A Usually by the Secretary of State. The oath may, however, be

taken previously, before any Justice of the Supreme Court,

Attorney-General, the Lieutenant Governor, any Judge of a County

Court, the Mayor or Recorder of any city, or the Clerk of any

county or Court of Record. The oath whenever taken must be duly

subscribed, certified, and filed in the office of the Secretary of

State. Members who are absent at the organization, may be sworn by

the Speaker, if they have not previously taken the oath.

Q. By whom are the other officers appointed?

A. By the Speaker, except those in the department of the Clerk; he

having power to appoint his own deputies.

THE SENATE.

Q. Who is the presiding officer in the Senate?

A. The Lieutenant-Governor, and he is called the President of the

Senate.

DUTIES.

Q. What are some of the duties of the State Senate?

I. To elect the remaining officers, whose names and duties are

about the same as in the Assembly.

II. To have co-ordinate jurisdiction with the Assembly in enacting

laws

III. To act as a court for the trial of impeachments, associated

with the judges of the Court of Appeals, and the President of the

Senate.

IV. To confirm or reject appointments made by the Governor.

V. To elect a temporary president when the Lieutenant-Governor

shall not attend as president, or shall be called to act as

Governor.

Q. How many members must be present in each house to do business?

A. A majority, which is called a quorum.

BILLS.

Q. Where may bills originate?

A. Any bill may originate in either house of the Legislature.

Q. What is the difference between the Legislature of this state

and Congress in this respect?

A. In Congress all bills for raising revenues MUST originate in

the House of Representatives.

Q. What may either house do with bills originating in the other

house?

A. Amend them; but both houses must agree to the amendment or

amendments, before they can become a law.

Q. What is required in order that a bill may become a law?

I. The assent of a majority of all the members elected to each

branch of the Legislature, together with the approval of the

Governor;

II. Or if he disapproves of it, that it be returned to the house

in which it originated, with his objections; and, after

reconsideration, if two-thirds of all the members elected to that

house shall agree to pass the bill, it shall be sent to the other

house by which it shall likewise be re-considered, and if two-

thirds of all its members approve of it, it shall become a law

notwithstanding the objections of the Governor.

III. If any bill shall not be returned by the Governor within ten

days (Sundays excepted) after it shall have been presented to him,

it shall become a law in like manner as if he had signed it,

unless the Legislature, by adjourning, shall prevent its

returning; in which case it shall not become a law without the

signature of the Governor.

IV. No bill shall become a law after the final adjournment of the

Legislature, unless approved by the Governor within thirty days

after such adjournment.

IMPEACHMENT.

Q. What class of persons can be tried in the court of impeachment?

A. Public officers that have had charges preferred against them by

the Assembly.

Q. Of whom is the court of impeachment composed?

A. Of the Senators, or a majority of them, the Judges of the Court

of Appeals, or a majority of them, and the Lieutenant-Governor;

and two-thirds of all present must concur in order to convict.

Q. When shall the Lieutenant-Governor not act as a member of this

court?

A. When the Governor is being tried. He may be presumed to be an

interested party, for if the Governor should be found guilty and

be removed, the Lieutenant-Governor becomes Governor.

Q. What penalty can be inflicted by this court?

A. Removal from office, or removal from office and

disqualification to hold and enjoy any office of honor, trust or

profit, under this state.

Q. Can such parties be further punished?

A. Yes; they may be indicted, tried and punished according to law,

by fine or imprisonment, or both, according to the nature of the

crime.

VOTING.

Q Who are entitled to vote upon all questions in the Legislature?

A. All the members in the Assembly and Senate; and this includes

the Speaker of the Assembly.

Q, When is the President of the Senate entitled to vote?

A. Upon questions on which the Senate is equally divided or tied.

Q. Why should not the President of the Senate have a vote upon all

questions?

A. Because he has not been elected a member of that body; but

becomes its presiding officer by virtue of the constitutional

provision which makes the Lieutenant-Governor its president.

KINDS OF VOTING.

Q. Name some of the kinds of voting practiced. I. By showing

hands.

II. By Acclamation.

III. By dividing or separating the persons voting into two bodies.

IV. By Ballot.

V. By Ayes and Noes.

VI. By Viva Voce.

Q. Where are the first three kinds of voting usually practiced?

A. In conventions of different kinds, primary meetings,

Q. When and how is the sixth kind of voting used?

A. In the election of United States Senators, usually the Speaker

of the Assembly and a few other officers, and in this way: as the

names of those entitled to vote are called, they respond by naming

their candidate.

SALARY.

Q. How are Assemblymen and Senators paid?

I. By a salary fixed by the constitution, of one thousand five

hundred dollars.

II. And one dollar for every ten miles travelled in going to and

returning from the place of meeting, once in each session on the

most usual route.

III. Senators when convened in extraordinary session, or when

serving as members of the Court of Impeachment, and such members

of the Assembly, not exceeding nine in number, as shall be

appointed managers of an impeachment, shall receive ten dollars a

day additional allowance.

STATE.

A tabular view of officers, showing the source from whence they

derive their authority:

Elected by the People of the State

Executive

Governor.

Presiding Officer

Lieut. Governor.

Administrative

Secretary of State.

Comptroller.

Treasurer.

Attorney General.

State Engineer and Surveyor.

Judicial

Judges of the Court of Appeals.

Appointed by Governor and Senate.

Superintendent of Banking.

Superintendent of Insurance.

Canal Auditor.

Superintendent of Prisons.

Superintendent of Public Works.

Notaries Public.

State Assessors.

Loan Commissioners.

Canal Appraisers.

Quarantine Commissioners.

Trustees of State Institutions, and some others.

Elected by joint bal.

Superintendent of Public Instruction.

Regents of the University.

United States Senators.

Q. What are the first seven offices called?

A. They are called elective offices.

Q. Why elective?

A. Because the officers are voted for directly by the people.

Q. Why are the Sec of State, Comp., Treasurer,

Supt. of Prisons and Public Works. A large number of Notaries, two

Loan Commissioners for each County, three Canal Appraisers, one

Superintendent of Public Instruction, nineteen Regents, and two

United States Senators.

TERM OF OFFICE.

Q For how long a term are the Governor and Lieutenant Governor

elected?

A. For three years each.

Q For how long a term are the Sec of State, Comp, Treas, Atty.

Gen. and State Eng. and Surveyor elected?

A. For two years each.

Q For how long a term are the Superintendents of Banking,

Insurance and Canal Auditor appointed?

A. For three years.

Q. For how long a term is the Supt. of Prisons appointed?

A. For five years.

Q. For how long a term is the Superintendent of Public Works

appointed?

A. As long as the term of the Governor appointing him lasts.

Q. For how long a term is the Superintendent of Public Instruction

elected?

A. For three years.

Q. For how long a term the Regents of the University?

A. For life.

ELIGIBILITY.

Q. What about the eligibility of these officers?

A. The Governor and Lieutenant Governor must be thirty years of

age, and shall have been for the five years next preceding their

election residents of the State.

Q. What are some of the duties of the Governor?

A. He is commander-in-chief of all the military and naval forces

of the State, has power to convene the Legislature (or Senate

only) on extraordinary occasions, communicates by message to the

Legislature at every session the condition of the State, and

recommends such measures as he deems expedient, transacts all

necessary business with the officers of the government, civil and

military, expedites all measures resolved upon by the Legislature,

takes care that the laws are faithfully executed, and has the

power of granting reprieves, commutations and pardons for crimes.

Q. What are some of the duties of the Lieutenant Governor?

A. He is President of the Senate and has the casting vote therein,

is a member of the canal board, is one of the commissioners of the

Land Office, is one of the commissioners of the Canal Fund, is one

of the trustees of the Capitol, is one of the trustees of the

Idiot Asylum, and, ex-officio, one of the Regents of the

University and member of the State Board of Charities. If the

Governor dies, resigns, is impeached, or otherwise becomes unable

to discharge the powers and duties of his office, they devolve

upon the Lieutenant Governor for the residue of the term.

Q. What are some of the duties of the Secretary of State?

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