Section 172. Powers and duties of overseer.

173. City owner of supplies.

Section 170. Commissioner; deputy; overseer of poor.- The commissioner of charities may appoint, to hold office during his pleasure, a deputy, overseer of the poor, and such other subordinates as may be prescribed by the board of estimate and apportionment. In case of the absence or disability of the commissioner or of a vacancy in the office, the deputy shall discharge the duties of the office until the commissioner returns, his disability ceases or the vacancy is filled. The commissioner, deputy and overseer of the poor, before entering upon the discharge of the duties of their respective offices, shall each execute and file with the city clerk an official undertaking in such penal sum as may be prescribed by the common council.

§ 171. Powers and duties of commissioner.- The commissioner of charities shall have the general care, management, administration and supervision of the charities, almshouses, hospitals, houses of correction, orphan asylums and all other similar institutions, the control or government of which belongs or is intrusted to the city. He shall make regulations for the expenditure of the moneys appropriated for the support or relief of the poor and for the general supervision of such expenditures. He shall investigate fully the circumstances of all persons alleged to be destitute or without proper means of support, or without proper guardianship, or who are in danger of becoming or are a public burden in any respect; and also the circumstances of their relatives or other persons whose duty it is to relieve or maintain them or contribute to their support; also to institute and prosecute any and all actions and proceedings authorized by law to compel any and all persons liable for the care, maintenance, education or support of any such destitute or dependent persons to contribute thereto, and to indemnify the city and public against any expenditures on account thereof. He shall also prosecute any and all bonds, undertakings or recognizances given for any of the purposes herein mentioned or in any manner relating thereto. Any and all moneys recovered in any such suit, action or proceeding or otherwise paid to or received by the said commissioner on ac

count of the care, maintenance, relief, education or support of any such persons shall be deposited by the commissioner with the city treasurer as a trust fund, and the same shall be applied and expended by the said commissioner for the purpose on account of which the same were paid. Any surplus remaining in said fund at the close of the fiscal year shall be treated as an unexpended balance of money appropriated for such department. The commissioner shall furnish to and file with the comptroller a monthly statement in detail of all receipts and expenditures, including the aid and relief granted by him, with the names and addresses of all recipients.

§ 172. Powers and duties of overseer.- The overseer of the poor, subject to the regulations and supervision of the commissioner, shall possess all the power and authority of overseers of the poor in the several towns of the county in which the city is situated, and be subject to the same duties, obligations and liabilities. The overseer and his assistants shall have the power to examine under oath any person applying for relief.

§ 173. City owner of supplies.-The city shall continue to be the owner of supplies furnished to any poor person or applicant for relief until the same are consumed. If any person to whom the same shall be furnished shall sell or exchange the same for money or intoxicating liquors or in any way dispose of the same other than in the manner directed, such conduct shall be deemed a misdemeanor.

§ 174. Liability of city. Nothing contained in this act shall be deemed to make the city liable for the support or relief of any poor person when it is not otherwise so liable.

Chapter 635, Laws of 1895.

TITLE X.

OF THE POOR.

Section 1. All laws now in force not inconsistent with the provisions of this act, applicable to overseers of the poor in towns, shall apply to the commissioner of charities, and such commissioner of charities shall have and possess all powers which over

seers of the poor of towns now have, or which may hereafter be conferred upon them.

§ 2. The common council may by ordinance prescribe the duties of such commissioner of charities in relation to the temporary aid and assistance to the poor and may appropriate such moneys for such purpose as it shall deem proper and may also appropriate a sum not exceeding eight thousand dollars per annum, for the care of sick and disabled poor in hospitals. (As amended by chapter 174 of the Laws of 1899, chapter 207 of the Laws of 1903, and chapter 370 of the Laws of 1907.) ·

SPECIAL STATUTES RELATING TO THE CARE OF THE POOR IN CERTAIN TOWNS OF NEW YORK STATE.

TOWN OF HERKIMER, HERKIMER COUNTY.

AN ACT to secure the better application of funds for the relief of the poor in the town of Herkimer in the county of Herkimer. Chapter 181, Laws of 1883.

Section 1. The supervisor of the town of Herkimer shall, on the first Monday in May next, appoint four freeholders of said town, two of whom shall belong to each of the two political parties casting the largest vote at the last general election in said town, who shall constitute a board of alms of said town, and be known as the "board of alms of the town of Herkimer." The board of alms so appointed shall meet on the second Monday in May in each year at the town room, and by a majority vote appoint a freeholder of said town, to be known as the overseer of the poor of said town, and who shall hold his office for one year. The town clerk shall attend all meetings and keep the minutes of their proceedings, which shall be recorded in the books of record of said town. (As amended by chapter 414 of the Laws of 1895.)

§ 2. At the time of their appointment the said supervisor shall designate one of the persons so appointed by him to hold, and who shall hold his office for one year; another to hold and who shall hold his office for two years; another to hold and who shall hold his office for three years; another to hold and who shall hold his office for four years. The supervisor shall thereafter annually on the first Monday in May at the town room appoint one member of the said board of alms who shall be a frecholder of said town and shall hold his office for four years and until his successor shal! be appointed. Vacancies in the office shall be filled for the unexpired term, and shall be from the same political party as the outgoing members. (As amended by chapter 414 of the Laws of 1895.)

§ 3. The said board of alms shall have control of the funds applicable to the relief of the poor in said town, and the disposition of the same. A majority of said board shall constitute a quorum to do business. Said board of alms shall have power to procure, by rent or purchase, suitable grounds and buildings for a town almshouse, but no purchase shall be made unless specially authorized by a vote of the electors of the town at an annual town meeting, nor at a cost exceeding five thousand dollars.

§ 4. The overseer of the poor appointed by the said board of alms shall hold his office for one year from the second Monday in May of each year, and no longer unless reappointed. The board of alms of said town shall determine his compensation for all such services rendered by him as such overseer which shall not exceed four hundred dollars per annum. (As amended by chapter 414 of the Laws of 1895.)

5. The board of alms of said town shall appoint a treasurer of the poor funds of said town, and take such security for the faithful performance of his duties, and to account and pay over the funds intrusted to him, as they shall deem adequate and shal approve, and they shall determine his compensation, which shall not exceed fifty dollars per annum. The said treasurer shall hold his office for one year and until his successor is appointed. The said board shall keep a record of all proceedings and shall adopt all needful rules as to their meetings and as to the management and dispensation of the funds for the relief of the poor under their control, and for the government of the treasurer and overseer of the poor.

6. All moneys appropriated for the relief of the poor of said town shall be paid over to the treasurer of the poor fund of said town, and all payments and disbursements shall be made by hin upon the order of the overseer of the poor or such other person as the board of alms may direct; and said treasurer shall not loan any moneys that may come into his hands, nor shall he use them for any other purpose than is provided for by this act. Any interest which may accrue on said fund shall be credited to said

town.

§ 7. The board of alms may cause to be purchased all or any needful supplies for the relief of the poor, in such quantities as