in a auth or s final and i author to pay faction thereof shall be mayor of chief office ings of its same or desi 1. Have the general superintendence and care of poor persons who may be in their respective counties. 2. Provide and keep in repair suitable almshouses when directed by the board of supervisors of their county. 3. Establish rules and by-laws for the government and good order of such almshouses, and for the employment, relief, management and government of the poor therein; but such rules and regulations shall not be valid until approved by the county judge of the county, in writing. 4. Unless a keeper be appointed by the board of supervisors, as provided by section four of this article, employ suitable persons to be keepers of such houses, and physicians, matrons and all other necessary officers and servants, and vest such power in them for the government of such houses, and the poor therein, as shall be necessary, reserving to such poor persons who may be placed under the care of such keepers, matrons, officers or servants, the right of appeal to the superintendents. (As amended by chapter 340 of the Laws of 1903.) 5. Purchase all necessary furniture, implements, food and materials for the maintenance of the poor in such houses, and for their employment in labor, and use, sell and dispose of the proceeds of such labor as they shall deem expedient. 6. Prescribe the rate of allowance to be made for bringing poor persons to the county almshouse, subject to such alterations as the board of supervisors may by general resolution make. 7. Authorize the keepers of such houses to certify the amount due for bringing such poor persons; which amount shall be paid by the county treasurer on the production of such certificate, countersigned and allowed by the county superintendents of the poor. 8. Summarily decide any dispute that shall arise concerning the settlement of any poor person, upon a hearing of the parties, and for that purpose may issue subpoenas to compel the attendance of witnesses, with the like powers to enforce such process, as is given to a justice of the peace in an action pending before him; their decision shall be filed in the office of the county clerk within thirty days after they are made, and shall be conclusive and final upon all parties interested, unless an appeal therefrom shall be taken, as provided in this chapter. 9. Direct the commencement of suits by any overseer of the poor who shall be entitled to prosecute for any penalties, or upon any recognizance, bonds, or securities taken for the indemnity of any town or of the county; and in case of the neglect of any such overseer, to commence and conduct such suits, without the authority of such overseer, in the name of such superintendents. 10. Draw on the county treasurer for all necessary expenses incurred in the discharge of their duties, which draft shall be paid by such treasurer out of the moneys placed in his hands for the support of the poor. 11. Audit and settle all accounts of overseers of the poor, jus tices of the peace, and all other persons, for services relating to the support, relief or transportation of the county poor; and draw on the county treasurer for the amount of the accounts which they shall so audit and settle. 12. Furnish necessary relief to such of the county poor as may require only temporary assistance, or are so disabled that they cannot be safely removed to the county almshouse, or to the county poor who can be properly provided for elsewhere than at the county almshouse at an expense not exceeding that of their support at such almshouse. 13. Render to the board of supervisors of their county, at their annual meeting, a verified account of all moneys received and expended by them, or under their direction, and of all their proceedings in such manner and form as may be required by the board. 14. Pay over all moneys remaining in their hands, within fifteen days after the expiration of their terms of office, to the county treasurer, or their successors. 15. Administer oaths and take affidavits in all matters pertaining to their office, and elicit, by examination under oath, statements of facts from applicants for relief. Expenditures by the superintendent of the poor in the administration of his department are subject to the following limitations: The board of supervisors, at its annual meeting, may fix the maximum sum which may be expended by the superintendent, 1. Have the general superintendence and care of poor persons who may be in their respective counties. 2. Provide and keep in repair suitable almshouses when directed by the board of supervisors of their county. 3. Establish rules and by-laws for the government and good order of such almshouses, and for the employment, relief, management and government of the poor therein; but such rules and regulations shall not be valid until approved by the county judge of the county, in writing. 4. Unless a keeper be appointed by the board of supervisors, as provided by section four of this article, employ suitable persons to be keepers of such houses, and physicians, matrons and all other necessary officers and servants, and vest such power in them for the government of such houses, and the poor therein, as shall be necessary, reserving to such poor persons who may be placed under the care of such keepers, matrons, officers or servants, the right of appeal to the superintendents. (As amended by chapter 340 of the Laws of 1903.) 5. Purchase all necessary furniture, implements, food and materials for the maintenance of the poor in such houses, and for their employment in labor, and use, sell and dispose of the proceeds of such labor as they shall deem expedient. 6. Prescribe the rate of allowance to be made for bringing poor persons to the county almshouse, subject to such alterations ast the board of supervisors may by general resolution make. 7. Authorize the keepers of such houses to certify the amount due for bringing such poor persons; which amount shall be paid by the county treasurer on the production of such certificate, countersigned and allowed by the county superintendents of the poor. 8. Summarily decide any dispute that shall arise concerning the settlement of any poor person, upon a hearing of the parties, and for that purpose may issue subpoenas to compel the attendance of witnesses, with the like powers to enforce such process, as is given to a justice of the peace in an action pending before him; their decision shall be filed in the office of the county clerk within thirty days after they are made, and shall be conclusive. were rendered in pursuance of orders for temporary relief. It is the duty of the overseers to adjust such accounts and charge them in their bills against the county. The employment of a physician by the superintendents of the poor of a county does not supersede the right of the overseers of the several towns to employ other physicians to attend county paupers entitled to temporary relief. Supreme Court, February, 1843, ex parte Green & Brown, 4 Hill, 558. The provisions of subdivision 11 have no reference to services performed by the servants and laborers who are employed at the county poorhouse. Supreme Court, July, 1850, Hayes v. Symonds, 9 Barb. 260. Superintendents of the poor have capacity to contract a liability for supplies furnished for the county poorhouse; which liability may be enforced by suit. Id. But where it appears that the credit for supplies thus furnished was given. to a fund, in the county treasury, raised by virtue of the fiftieth section of the act for the relief of indigent persons called the poorhouse fund, instead of to the superintendents, and on the supposition that the goods would be paid for by a draft on the treasurer, no action will lie against the superintendents until an application has been made to them for an order on the fund, and they have refused to give it. Id. The office of superintendent of the poor, though invested with corporate powers, is, notwithstanding, a mere agency of the county, and the relation between the county and its superintendent is that of principal and agent. Court of Appeals, September, 1867, People v. Bennett, 37 N. Y. 117. Where a person sells to superintendents of the poor, provisions for the poorhouse, upon an agreement that it is to be a cash sale, or if an order shall be given that it shall answer as cash, whereupon the superintendents give him an order upon the treasurer of the county, for the amount, and upon presentment of such order to the treasurer payment is refused, for want of funds, the vendor is remitted to his original right of action against the superintendents and may recover of them the value of the supplies. In such a case the county is liable on the contract made by its authorized agents in the business specially committed to them by the statute. Supreme Court, May, 1851, Paddock v. Symonds, 11 Barb. 117. The acts of a majority of the superintendents is binding upon the whole board. Court of Appeals, February, 1874, Johnson v. Dodd, 56 N. Y. 76. The statutes relating to the support of the poor at county poorhouses furnish no authority for a discrimination between county and town poor, in respect to the application of the income of the poorhouse farm. On the contrary the legislature intended the income should be applied to the support of the poor of the county generally, at the poorhouse, without distinction. The statutory provisions obviously contemplate that the benefits resulting from the poorhouse and farm shall be common to the county and towns, in respect to the support of the poor at the poorhouse, without any regard whatever to the general obligation of each to support its own poor. The occupancy of the property, the products of the farm consumed thereon and in the poorhouse, the labor of the poor in carrying on the farm and the business of the poorhouse, the avails of sales of products of the farm and the labor of the poor, are all to go, and be applied, to reduce the ex |