32 N.Y.S. 341 | N.Y. Sup. Ct. | 1895
The towns of this state are the primary political divisions. As they exist here, they were unknown to the common law, and are all of statutory creation. They were erected and organized by statute, and all their duties and obligations are prescribed by statute, and they derive their capacity and powers from the same source. In the early history of the state, their capacity was limited, and their duties and liabilities were but few. By the Revised Statutes, each town, as a body corporate, had capacity to purchase or hold property for certain purposes, to sue and be sued, and to make certain contracts in relation to corporate property and affairs. Modern legislation has, however, enlarged their capacity, and indued them with powers, and imposed upon them obligations, similar to those possessed by municipal corporations. During the war of the Rebellion, the legislature passed laws directing the different towns to borrow money to pay bounties to soldiers, and issue bonds of the town as security for' its payment. About the year 1865 several special statutes were enacted by the legislature providing for the opening and grading of wide avenues in Westchester county, and directing the county treasurer to issue bonds of the several towns through which the avenueswere tobe constructed to payforthe improvements. It was decided that the legislature possessed the power to direct the improvements, and impose the burden of paying therefor upon the different towns. People v. Flagg, 46 N. Y. 401. So the towns were