Town Law (L. 1890, ch. 569), § 182, 190.

action by certiorari or mandamus. agreement direct against the town. App. Div. 344, 86 N. Y. Supp. 422.

An action will not lie under the
Goodfriend v. Town of Lyme, 90

§ 182. Suits by and against towns. (C. & G. Gen. Laws, p. 4150.)

Action upon contract legalized by legislature.— An action will not lie against a town upon a contract confessedly illegal, and afterwards legalized by an act of the legislature, made by the town board for the construction of abutments for a bridge. Such an action is purely upon contract notwithstanding such legalization and like any other contract against the town must be presented to the town board for audit. Colby v. Town of Day, 75 App. Div. 211, 77 N. Y. Supp. 1022.

Action against town to compel payment upon a contract. Where a town has issued bonds in a certain sum for the construction of a town hall and any part of the fund so created remains unexpended an action may be brought against the town by a subcontractor to compel the payment of his claim for labor performed upon the town hall, where the town board refuses to apply any of such fund to the payment of his claim. If all of the fund so created had been expended the only remedy was a presentation of the claim to the town board for audit, and a subsequent review of their determination by a certiorari. Bragg v. Town of Victor, 84 App. Div. 83, 82 N. Y. Supp. 212.

Action for injuries to bridge between towns. Although it is provided by section 15 of the Highway Law (C. & G. Gen. Laws, p. 1566), that commissioners of highways may bring an action in the name of a town against any person or corporation to sustain the rights of the public in and to any highway of the town, the above section of the Town Law requires an action for injuries to a bridge between towns to be brought in the names of the towns, and not in the names of their highway commissioners; and this is so, although by a special act such bridge is placed under the joint control and direction of the commissioners of highways of the towns. Town of Palatine v. Canajoharie Water Supply Co., 90 App. Div. 548, 86 N. Y. Supp. 412.

$ 190. Town house. (C. & G. Gen. Laws, p. 4156.)

Proposition for raising money.- The provisions of section 190 authorizing the electors of a town to vote upon a proposition for the raising of money "for the purchase of a site and the building of a town house" is sufficient to permit the submission of a proposition to raise money for the erection of a town house alone where it is expected that the site for the house will be donated. It is not necessary that the proposition should contain the allegation of the contemplated site. People ex rel. Cromwell v. Seaman, 59 App. Div. 76, 69 N. Y. Supp. 55.

Repealing by implication local act.- Chapter 360 of Laws 1865, providing for the erection of a town hall in the town of Floyd, being passed

Town Law (L. 1890, ch. 569), §§ 192, 215.

to provide for a present necessity, was superseded by the above section of the town law, which prescribes a uniform rule for the erection of town houses. A general statute covering the same subject-matter and containing new provisions and manifestly designed by the legislature to embrace the whole law upon the subject operates to repeal by implication a former or special statute, even though the two are not repugnant. Barker v. Town of Floyd, 61 App. Div. 92, 69 N. Y. Supp. 1109.

§ 192. Lock-ups. The electors of each town, upon the application of ten freeholders of the town, may, by ballot at their annual town meeting, direct the erection of one or more houses of detention, or lock-ups, for the detention of persons committed by the magistrates thereof, and direct such sums to be raised in their town by tax, for the expense of building, or of maintaining the same, as they may deem necessary. In case any town has no house of detention or lock-up, the town board of such town may lease a house of detention or lock-up, located either in said town or in an adjoining town, for a term not exceeding five years at a time. Such houses of detention, or lock-ups, may be used for the purpose of temporary keeping and confining all persons arrested by any constable or officer in the town prior to trial or examination, or committed by any magistrate of the town pending trial or examination before such magistrate or after commitment to a county jail by a magistrate, when immediate removal to the county jail can not be made, and only until he can be conveniently removed to such jail. (Amended by L. 1904, ch. 68, in effect March 31, 1904.)

No town including a

$215. Limitation of indebtedness. portion of the Adirondack park shall hereafter contract any debt or debts, which shall exceed the sum of three thousand dollars, except upon the duly verified petition of the owners of at least sixty-five per centum of the taxable real property therein, as such real property appears on the last preceding completed assessment roll of such town. For the purposes of this act, the consent of the comptroller shall be deemed to be the consent of the state. This section shall not apply to debts contracted for the purpose of retiring or paying any existing indebtedness pursuant to law. (Added by L. 1904, ch. 436, in effect April 27, 1904.)

Town meetings, Rockland, Orange and Sullivan (L. 1897, ch. 439), § 2.

(2) Water districts.

L. 1900, ch. 451. (C. & G. Gen. Laws, p. 4178.)

Powers of commissioners.- While commissioners appointed under this act may, when contracting for the construction of a water works system, covenant on behalf of the town that the town would issue and sell the bonds provided for in the statute, and that the moneys obtained should be applied toward paying for the work done, and while they might also agree that payments should be made to the contractor every two weeks during the progress of the work, they cannot impose upon the town an absolute duty to make such payments irrespective of whether or not the proceeds of the bonds were sufficient for the purpose. Such commissioners cannot bind the town to any greater obligation than that imposed by the act. If, by the contract, the commissioners have exceeded their powers, the town cannot be held liable in an action to recover on unliquidated damages resulting from a breach of the covenant. Holroyd v. Town of Indian Lake, 85 App. Div. 246, 83 N. Y. Supp. 533.

Action for breach of contract; pleadings.— A complaint in an action brought against the town for breach of a contract for the construction of a water system, entered into pursuant to the above act, which merely states that the contract was executed by the town officers, without alleging that any of the preliminary steps required by the act were taken is demurrable. Holroyd v. Town of Indian Lake, 75 App. Div. 197, 77 N. Y. Supp. 672.

(3) Town meetings, Rockland, Orange and Sullivan counties.

L. 1897, ch. 439, §§ 2, 3 (C. & G. Gen. Laws, p. 4197), amended by L. 1904, ch. 129, in effect March 28, 1904, as follows:

§ 2. Conduct of elections. The town meetings and elections in such towns shall hereafter be held in the several election districts, to be conducted by the inspectors of election thereof. All elective town officers shall be elected and voted for at such general election in the same manner and on the same ballot as other officers who may be elected and voted for thereat. The provisions of the election law relating to the places and times of filing certificates of nominations, the declination of nominations, the furnishing of ballots, ballot boxes and stationery, and the submission of town propositions are applicable in all respects to town meetings held in the towns in such counties under the act hereby amended; and all the other provisions of the election law which apply when town meetings or elections are held at different times than general elections,

Town meetings, Rockland, Orange and Sullivan (L. 1897, ch. 439) § 3.

are applicable to the holding of town meetings in such counties, unless otherwise contained in this act or inconsistent with its provisions. (Amended by L. 1904, ch. 129, in effect March 28, 1904.)

§ 3. Canvass of votes. At the close of the polls at any annual town meeting, and election in such towns, the inspectors shall proceed to canvass the votes for the candidates for the several town offices and for and against all town propositions duly submitted to the voters of such town in the election districts where such meeting was held, in the same manner as the votes for other candidates and propositions cast at the general election are canvassed. They shall make a full and true statement of the whole number of votes cast for each of the town officers balloted for, and of the whole number of votes for and against every question or proposition voted upon at such town meeting. Such statement shall be in the same form as statements made by such inspectors of the votes cast for the other candidates voted for at such election, and shall be signed by the inspectors and delivered by one of their number, selected by them for that purpose, to the justices of the peace and town clerk of the town who shall convene and receive the same at the office of the town clerk on the second day next following the town meeting at ten o'clock in the forenoon. Such justices and clerk shall immediately recanvass such votes upon the statement so made and delivered by the inspectors of the several election districts. The town clerk shall enter in his record a statement of the number of votes cast for each candidate, and for and against all town propositions duly submitted to the voters of such town in the several districts in this town, and declare in such record the propositions shown to be adopted, and the officers shown to be elected by such statement, or appointed as herein prescribed. Such record shall be signed by him and the justices acting as such canvassers. Inspectors of election in towns in the counties of Rockland, Orange and Sullivan shall be appointed by the town boards of such towns as provided in the election law. The provisions of the election law relating to inspectors of election shall apply to inspectors of elections in such towns notwithstanding the provisions of the act hereby amended which are inconsistent therewith. All inspectors of election of such towns in office when this act takes effect shall hold office and continue to serve as such until the expiration of the terms for which they were elected or appointed. (Amended by L. 1904, ch. 129, in effect March 28, 1904.)

Town meetings, Erie county (L. 1902, ch. 10), §§ 1, 2.

(4) Town meetings and town officers; Erie county.

L. 1902, ch. 10. An act to provide for the holding of town meetings and elections in counties of the state having a certain population. [In effect February 4, 1902.]

§ 1. Town elections in Erie county. The next town meeting at which town officers shall be elected in any county of the state having a population of over four hundred thousand inhabitants and less than six hundred thousand inhabitants, according to the last federal enumeration, shall be held on the first Tuesday after the first Monday in November in the year nineteen hundred and three and biennially thereafter, at the same places as general elections in such towns are held. No person shall be entitled to vote at any such town meeting or election unless he is registered and entitled to vote at the general election held at the same time that such town meeting is held. All elective town officers shall be elected at such general election in the same manner and on the same ballot as other officers who may be elected thereat. Certificates of nomination of candidates for a town office in any such towns shall be in duplicate, one of which shall be filed with the town clerk of the town, and the other with the clerk of the county wherein such town is located, and if nominated by a political party, at least twenty days and not more than thirty days before such town meeting and election is held, or, if independent nominations, at least fifteen days and not more than thirty days prior thereto. The ballots prepared by the county clerk shall include the names of all candidates nominated for town officers in any such towns. The county clerk shall apportion to and charge the several towns in any of such counties with their respective proportionate shares of the expenses of the preparation and distribution of such ballots.

§ 2. Ballot for submission of questions. Ballots for the submission of questions or propositions relating to town affairs shall be prepared and furnished at the expense of the town by the clerk thereof, as provided in the election law. Such ballots shall be distributed by the town clerk at the same time and in the same manner as are other ballots to be voted at a general election. An additional ballot box shall be provided, marked "box for town propositions," in which shall be deposited the ballots cast on town propositions or questions.