  Title: Civil Government for Common Schools Author: Henry C. Northam Edition: 10 Language: English This eBook was prepared by Robert Rowe, Charles Franks and the Online Distributed Proofreading Team. 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 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. 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 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, 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 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 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 CLERKI. 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 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 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, 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 A TABLEShowing 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. The following are counties in which county judges act as surrogates, receiving the one salary for both offices; $2,000 Salary Franklin, $3,000 Salary Broome, $3,500 Salary Richmond, $2,500 Salary Cortland, $2,500 Salary Tioga, $1,500 Salary Putnam, $1,750 Salary Allegany, $2,250 Salary Fulton, $1,200 Salary Sullivan, $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 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 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. |
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