Citation Numbers: 36 N.Y.S. 1020, 98 N.Y. Sup. Ct. 329, 72 N.Y. St. Rep. 293
Judges: Dykman
Filed Date: 12/27/1895
Status: Precedential
Modified Date: 1/13/2023
This action has for its object the cancellation of a tax lease made by the town of Westchester to the defendant Ar-
In the towns of this state, many old things have passed away. By a recent statute of the state, the governing board of the towns is the town board. Laws 1892, c. 685, § 1. And the supervisor, town clerk, and the justices of the peace, .or any two such justices, constitute the town board of each town. Laws 1892, p. 2258. The functions of a governing board of a town must be the government of the town. All of the internal affairs of a town must be under the control of the board of town officers, so far as official action can go. Of course, the inherent power of the people is left undisturbed and unlimited, and there is no restriction upon its action in a public town meeting. Each town is constituted a municipal corporation, and the business of the town must be transacted by the corporate officers, or, as they are now called, the “governing board.” An exception is created to the general rule by subdivision 2, § 80, art. 4, c. 569, of the town law, where it is provided that the supervisor of the town shall prosecute in the name of the town for all penalties given by law for its use, and for which no other officer shall be directed to prosecute. Ho authority is bestowed upon him to prosecute or defend any other action. As a member of the town board, the supervisor has no more or greater authority than any of the other officers who are members thereof, and neither of them can legally act independent of the other, or outside of the board. It is highly essential to the interests of the town that all questions respecting litigation should be determined by a governing board. It may or may not be for the interests of the town to prosecute or defend suits, and the determination of such questions requires the exercise of judgment and discretion.
The order should be reversed, with $10 costs and disbursements, and the motion denied, with $10 costs, to be paid by the supervisor. All concur.