§ 6. Persons not eligible. 7. Offices that cannot be held by Supervisor. § 8. Ineligibility, effect of. § 9. Office becomes vacant by accepting another office. § 10. Contested elections. § 11. Notice of his election. § 12. Refusal to serve-Penalty. § 13. Must take oath of office. § 14. Oath of office, by whom administered. § 15. Accompanying certificate. § 16. No fee for administering oath. § 17. Filing certificate. 18. Acting without taking oath-Penalty-Misdemeanor. § 19. What is a public office. § 20. Oath of office-form of, and certificate. § 21. Term of office. § 22. Qualified, meaning of. § 23. Forfeiture of office. § 24. Resignation of town officers-Acceptance. § 25. Removal of Supervisor. § 26. Failure to elect at town meeting-Proceedings. § 27. Form of warrant of appointment. $28. Filling vacancies by special election. $29. Special town meeting to fill vacancies-Notice. $30. Filling vacancies by Justices of the Peace. § 31. Vacancies, when they do not occur. $32. Form of warrant appointing Supervisor in case of vacancy. § 33. Term for which such appointee may hold. § 34. Validity of appointments. § 35. Supervisor must give bond. §36. Form of such bond and approval. §37. Action on such bond, by whom brought. § 38. Bond for school moneys. § 39. Form of such bond. §40. County Treasurer's certificate of filing bond. § 41. Chapter 179, Laws 1856, not "superseded." § 42. Refusal to give bond a misdemeanor. § 43. Bond by Supervisor appointed to fill vacancy. § 44. Bond for school moneys by Supervisor elected to fill vacancy. § 45. Additional bond under Laws 1866, chap. 78, § 1. § 46. Bond in relation to bonded railroad debt of towns, etc. § 47. Bond in relation to bonded indebtedness of towns, etc. § 48. Failure to give bond, effect of. § 49. Liability of sureties in official bonds. § 1. Supervisor is a Town Officer. 1 R. S. 340 (8th ed.) A Supervisor is a town officer. 880, §§ 3-5. Still as a member of the Board of Supervisors, he discharges important functions as a county officer. See post, chaps. 18-23. Whether acting individually, as a town officer, or as a member of the Board of Supervisors, he possesses and can exercise such powers only as are conferred by statute. 1 R. S. 366 (8th ed.) 1020, 4; People v. Lawrence, 6 Hill, 244. And when he acts without authority his action is void and may be disregarded. People v. Lawrence, 6 Hill, 244. It is otherwise, however, where his action is merely erroneous, but not for want of power. Id. § 2. Supervisor, election of. It is provided by statute that "there shall be chosen at the annual town meeting, in each town, one Supervisor" and other town officers, 1 R. S. 340 (8th ed.) 880, 83, by "the citizens of the several towns in this state, qualified by the Constitution to vote for elective officers," 1 R. S. 339 (8th ed.) 880, § 1, and that “the Supervisor etc., shall be chosen by ballot." 1 R. S. 343 (8th ed.) 888, § 2. § 3. Town meeting, how and when held. Suci annual town meetings shall be held on some day between the first day of February and the first day of May in each year, to be appointed, from time to time, by the Boards of Supervisors of the several counties, by resolution, so that the town meetings of every town in the county shall be held on the same day; such Boards of Supervisors to fix the time for their respective counties at their pleasure within the period aforesaid; which resolution, so fixing the time for said town meetings, when adopted, the said Boards shall cause to be duly published, and the day so appointed shall remain the day established for said town meetings for at least three successive years, and until changed by a resolution of said Boards. 1839, chap. 389, § 15; 1 R. S. 340 (8th ed.) 880, § 2. Laws The time for holding town meetings shall include the first day of February and the first day of May; and all town meetings held on either of those days shall be valid. Laws 1859, chap. 107, 1 R. S. (8th ed.) 884. In case of failure for any cause to fix the time and place of holding succeeding town meetings as required by law, then the next annual town meeting shall be held on the same day of the week and month and at the same place as the last annual town meeting. Laws 1832, chap. 52, 1 R. S. (8th ed.) 883. Town meetings shall be kept open in the day-time only, between the rising and setting of the sun, People v. Martin, 5 N. Y. 22, and if necessary may be held two days successively, but no longer. 1R. S. 342 (8th ed.) 885, $ 16. It has been held that after a town meeting has been duly organized it may be adjourned until the next day, Goodel v. Barker, 8 Cow. 286, or to a later hour in the same day. People v. Martin, 5 N. Y. 22. By the act of 1874 (Laws 1874, chap. 173, 1; 1 R. S. [8th ed.] 887), an adjournment of a town meeting is prohibited "excepting the balloting for town officers and the duties connected therewith." It is provided by Laws 1881, chap. 564, that in counties having a population exceeding 300,000, Supervisors and Justices of the Peace shall thereafter be elected at |