Civil Government for Common Schools Part 4

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.