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L. 1922, ch. 282.

Board of supervisors.

§ 12.

and home bureaus to conduct demonstration work in agriculture and home economics and for the employment by said bureaus of county agricultural agents and home demonstration agents, and for any other purpose which the board of supervisors shall deem proper and which, in its judgment, will encourage and promote the general improvement of agricultural and home conditions therein, such sums as it may deem proper, and may raise money for such purpose by a tax on real and personal property in the county. The board of supervisors may by resolution, duly passed, direct the county treasurer to pay out moneys from such appropriation upon the order of the treasurer of the county association hereinafter provided for upon his giving a proper receipt therefor, and the chairman of the board of supervisors may be authorized to enter into an agreement to pay such funds in regular instalments in advance, and such agreement shall be sufficient authority in the hands of said county treasurer to pay out such moneys, provided that this money shall be expended under an agreement to be entered into between the county association and Cornell University, for the co-operative management of said farm and home bureaus and the proper supervision of said county agricultural agent and home demonstration agent; and provided that the co-operative relations therein established shall continue until either party to the agreement shall notify the other party that it wishes to terminate the agreement. Such a notification shall be in writing and shall be served at least six months preceding any action taken to annul the agreement. After receiving such notice co-operative relationships between said parties shall cease at the expiration of the six months' period of notice providing reconsideration or request for continuance is not made by the party issuing notification of desire to continue work under the provisions of this agreement. On or before the first day of December in each year and at any other time when requested by the board of supervisors the officers of such county association shall report in writing to the board of supervisors a detailed statement of its work and transactions for the year ending November thirtieth, and for any other period which the board of supervisors may request and in such form as said board may direct.

For the purpose of this act there shall be recognized in each county of the state which shall qualify under this act to co-operate with the state college of agriculture in conducting the work provided for in this act, a public county association, known as a county farm and home bureau association, or as county farm bureau association or county home bureau association, as the case may be, if only one division is organized, herein referred to as the county association, when the form of organization has been duly approved by Cornell University, provided that only one such association shall be recognized in each county. The county association thus created may adopt such regulations and by-laws governing its procedure in the work as are not inconsistent with the provisions of this

act.

§ 12.

Board of supervisors.

L. 1922, ch. 282. There shall be annually appropriated out of any moneys in the treasury not otherwise appropriated, for the purpose of assisting in the organization and contributing toward the support of county farm and home bureaus in the various counties of the state the sum of six hundred dollars ($600) per annum for each county in the state for agricultural work and the sum of five hundred dollars ($500) per annum for home economics work for each county in the state which shall qualify as required by this section; provided, however, that no such bureau shall be entitled to receive any money so appropriated for agricultural work unless the county in which the same is organized shall appropriate through its board of supervisors or otherwise raise and provide at least eighteen hundred dollars per annum for the support and maintenance of such work, nor shall any county be entitled to receive any money for home economics work unless said county shall appropriate through its board of supervisors or otherwise raise and provide not less than fifteen hundred dollars per annum for the support and maintenance of such work; provided further that two contiguous counties may co-operate and be regarded as one county for the purposes of this act, and the boards of supervisors in such counties may appropriate for the purpose of jointly conducting the work provided for in this act when the plans for such co-operation are approved by Cornell University; and in addition there shall be annually appropriated such sums of money as may be necessary for the proper and necessary supervision thereof.

The general supervision of the co-operative agricultural and home economics extension and development work herein provided for shall be under the direction of Cornell University as agent for the state in the administration of the New York state college of agriculture, and the trustees thereof are hereby authorized to make rules and regulations for the organization and conduct of such county farm and home bureaus. The moneys appropriated pursuant to this subdivision shall be paid by the state treasurer on the warrant of the comptroller on vouchers approved by the treasurer of Cornell University. (Subd. 28-a added by L. 1917, ch. 281, and amended by L. 1918, ch. 301, L. 1919, ch. 499 and L. 1922, ch. 282, in effect July 1, 1922.)

35. The board of supervisors of a county adjoining a city of the first class, except the county of Nassau, shall have the power to appoint a commission of taxpayers, of said county, not exceeding seven in number, who shall serve without compensation, to examine the question of the application of the different laws of the state as applicable to the method of government of the county, its population, needs and the advisability of changing the forms or methods of government of the county and its several localities; to investigate the form of government of other counties or cities, within and without the state of New York, the method used in the administrative, judicial and economic branches of the different municipalities investigated, for the purpose of recommending an improvement in the government and welfare of the people of the county, and to report

L. 1922, ch. 254, 494.

Board of supervisors.

§ 12

its investigation, findings and recommendations with all convenient speed to the board of supervisors. Such commission of taxpayers shall have the power to employ counsel, to appoint such assistant or assistants, including one or more stenographers as the commission may require to aid in such investigations, to fix the salaries of such counsel, assistants and stenographers, to purchase the necessary stationary and equipment. The board of supervisors shall provide rooms for the commission to hold its meetings, and raise and provide the money by taxation or otherwise to pay all expenses necessarily incurred during the investigation by such commission and such counsel, assistants and stenographers as may be employed by said commission. In the county of Westchester sueh commission shall have power to add to its number not exceeding twenty-five additional members. (Subd. 35 amended by L. 1911, ch. 250, L. 1917, ch. 233, and L. 1922, ch. 254, in effect March 25, 1922.)

36. The board of supervisors is authorized to provide for the payment of properly itemized and verified bills of district superintendents of schools of the supervisory districts in the county rendered by them for expenses incurred for necessary printing, office supplies and clerical assistance subject to such conditions as the board may prescribe. The board may, by resolution, authorize the incurring of indebtedness for such purposes and when so authorized the bills therefor shall be audited and paid in the same manner as other charges against the county. (Subd. 36 added by L. 1914, ch. 389, and renumbered by L. 1917, ch. 106, and amended by L. 1922, ch. 494, in effect April 6, 1922.)

44.

The board of supervisors of any county not having a county tuberculosis hospital established under the provisions of sections forty-five to forty-nine-e hereof shall have power to appoint and employ such public health nurses as it may deem proper. (Subd. added by L. 1921, ch. 130,

in effect March 29, 1921.)

44.

The board of supervisors of any county may appropriate such sums

of money as it may deem proper, subject to the provisions of this article, toward the maintenance of any duly incorporated society or organization, the corporate purposes of which include the aid and relief of poor persons, or temporarily within the county, and may raise money there

permanently

for by tax upon the real and personal property in the said county in the same manner as other county taxes are levied and collected; provided, however, that no such appropriation shall be made except upon presentation to the board of supervisors with the application of such society or organization therefor of a certificate from the state board of charties certifying that such society or organization has complied with all of its rules and regulations applicable to such society, and approving of such application. The board of supervisors may by resolution direct the county treasurer to pay such appropriation to the treasurer of such society or organization, but before such payment shall be made the treasurer of such society or organization shall file with the county clerk an undertaking for the proper

VOL. XXIII-18

§ 12.

Board of supervisors.

L. 1922, ch. 307. performance of his duties under this subdivision, which undertaking must have endorsed upon it the approval of the county judge as to form and sufficiency of sureties. The treasurer of such society or organization shall disburse such funds upon properly itemized and verified vouchers for the relief or education of poor persons permanently or temporarily within the county and for no other purpose. On or before the first day of October in each year and at any other time when requested by the board of supervisors he shall render to the board of supervisors a verified written statement, with vouchers of his disbursements of such funds for the year ending the thirtieth day of September or for any other period which the board of supervisors may request. Nothing herein contained shall be deemed to be an abridgment or limitation of the power of boards of supervisors to appropriate money under or pursuant to the provisions of any other law. (Subd. added by L. 1921, ch. 366, in effect April 30, 1921.)

45. The board of supervisors of any county not having a county tuberculosis hospital established under the provisions of sections forty-five to forty-nine-e hereof shall have power to organize and operate clinics for the medical examination of persons who are or may be suffering from tuberculosis. (Subd. added by L. 1921, ch. 263, in effect April 21, 1921.)

46. In order to provide an adequate number of teachers to be available for employment in the public schools in the county, the board of supervisors of any county in which is located a college or university having a department for fitting pupils to be teachers, and commonly known as a pedagogical department, may, from time to time, appropriate moneys for salaries of the teaching staff in such department, or to be applied toward the payment of such salaries, and may raise such moneys by tax on the taxable property within the county. (Subd. 46 added by L. 1922, ch. 307, in effect March 28, 1922.)

Board of supervisors cannot change salary of county officer whose office was created and salary fixed by statute subsequent to enactment of subd. 5.-A board of supervisors has no power to increase the salary of a county officer whose office was created and salary fixed by statute enacted subsequent to subdivision 5 of section 12 of the County Law, which gave to boards of supervisors the power to fix the amount of the salary or compensation of any county officer, notwithstanding the provision of any general or special law fixing such salary or compensation. The provision of the County Law referred to has reference to such general or special laws as were in force at the time of its enactment. The subsequent re-enactment of said provision of the County Law did not vest in the board of supervisors the power to change the salary of an officer whose office was created and salary fixed after the original enactment of said provision in the County Law. Wende v. Board of Supervisors (1922), 203 App. Div. 510, 196 N. Y. Supp. 774.

Abolition of jury districts.-The board of supervisors of Seneca county by virtue of subdivision 14 of this section had 'plenary power to adopt the resolution of August 30, 1920, abolishing the two jury districts into which by chapter 127 of the Laws of 1822 said county was divided, and providing that thereafter the county should consist of a single jury district. The repeal of said

L. 1921, ch. 467.

Board of supervisors.

§ 20.

statute of 1822 was accomplished not by the County Law but by the resolution of the board of supervisors on August 30, 1920, which has the same force as a statute passed by the legislature itself. Matter of Seely (1921), 114 Misc. 633, 187 N. Y. Supp. 130.

Power of board of supervisors to increase salaries of county officers.-The legis lature having failed to except from the county officers whose salaries are to be fixed by the board of supervisors under the broad conditions of section 12 (5) of the County Law notwithstanding any general or special law, the office of commissioner of charities and corrections of Erie county, created by chapter 293 of the Laws of 1913 and the salary fixed thereby, it must be held that it was the legislative intent that the power to increase such salaries should remain and be exercised by the board of supervisors in its discretion, and where the manner of the exercise of such power has been lawful, the complaint in a taxpayer's action to restrain the payment of the salary will be dismissed. Wende v. Board of Supervisors (1921), 115 Misc. 250, 187 N. Y. Supp. 851.

Board of supervisors has no discretion as to audit of claim by special county judge for extra compensation while acting as surrogate.-Matter of Barhite (1921), 199 App. Div. 234, 191 N. Y. Supp. 461.

§ 20. Designation of newspapers for publication of concurrent resolutions. -The members of the board of supervisors in each county representing, respectively, each of the two principal political parties into which the people of the county are divided or a majority of such members representing respectively, each of such parties, shall designate in writing a paper fairly representing the political party to which they respectively belong, regard being had to the advocacy by such paper of the principles of its party and its support of the state and national nominees thereof, and to its regular and general circulation in the towns of the county, to publish the concurrent resolutions of the legislature required by law to be published, which designation shall be signed by the members making it and filed with the clerk of the board of supervisors. If a majority of the members of the board representing either of such parties cannot agree upon a paper or shall fail to make a designation of a paper or papers as above provided, then and in such case, the paper or papers last previously designated in behalf of the party or parties whose representatives, or a majority of them, have failed to agree shall be held to be duly designated to publish the concurrent resolutions for that year, and any designation of a paper or papers made contrary to the provisions of this section shall be void. If there shall be but one paper published in the county, then, in that case, such resolutions shall be published in that paper. If either of the two principal parties into which the people of the county are divided shall have no representative among the members of the board of supervisors, then, and in that event, the newspaper last legally designated in behalf of such party, not having a representative among the members of the board of supervisors, shall be held to be duly designated to publish the concurrent resolutions for that year. The clerk of each board of supervisors as soon as such designation is made shall forward to the secretary of state a notice stating

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