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Chapter 541, Laws of 1865.

AN ACT to incorporate the city of Newburgh.

TITLE XI.

(Number changed to title XII by chapter 168 of the Laws of 1878.)

§ 4. The town of Newburgh, and the city of Newburgh, shall, together, constitute one district for the purpose of providing for the support of the poor, in the manner provided by law. The almshouse commissioners of said town and city shall be known by the corporate name of "the commissioners of the almshouse of the city and town of Newburgh." The superintendent of the poor shall hereafter be denominated "the superintendent of the poor of the city and town of Newburgh." Commissioners of the almshouse to take the place of those whose terms of office shal! expire after this act shall take effect, shall be nominated and elected by the electors of the town of Newburgh, in the same manner as other town officers, elected by the people, are chosen. Whenever the terms of office of the commissioners of the almshouse, heretofore elected in the city of Newburgh shall expire, their successors shall be nominated and elected by the electors of the city, at the annual election, in the same manner as other city officers, chosen by the people, are elected. Any vacancy which may occur in the office by reason of expiration of term or otherwise, shall be filled by appointment by the mayor of the city of Newburgh, in the same manner as other vacancies in office are filled, as provided by section fifteen of title two of this act, as amended. All powers given by law to the police justice in the town of Newburgh in relation to commitment to the custody of the keeper of the almshouse, are hereby given to the recorder of the city of Newburgh in all cases arising in said city, and to each of the justices of the peace of the town of Newburgh in all caseз arising in said town. Whenever any money shall be borrowed by the commissioners of the almshouse, in pursuance of the provisions of said act, the city of Newburgh and the town of Newburgh shall be jointly liable therefor. The annual report required by the said act to be made by the said commissioners, shall hereafter be made in duplicate, one of which shall be filed in the office of

the town clerk of the town of Newburgh, and the other shall be filed in the office of the clerk of the city of Newburgh, and said reports shall be open for inspection at reasonable hours by the qualified electors of the city and town of Newburgh. (As amended by chapter 114 of the Laws of 1866 and chapter 554 of the Laws of 1895.)

Chapter 418, Laws of 1870.

AN ACT to provide for the payment of the board of vagrants committed to the almshouse of the city and town of Newburgh.

Section 1. The board and maintenance of every vagrant committed to the almshouse of the city and town of Newburgh, who, under the provisions of the general acts concerning beggars and vagrants, might have been sentenced to the county jail, shall be at the same rate allowed to the sheriff, undersheriff or keeper of the county jail of Orange county, for the board of prisoners in said county jail, for a term not exceeding sixty days on any one conviction, shall be a charge upon the county of Orange, and shall be audited and collected in the same manner as other county charges, and shall be paid to the commissioners of the almshouse of the city and town of Newburgh.

2. The act entitled. "An act for the better support of the poor of the town of Newburgh, in the county of Orange," passed March third, eighteen hundred and fifty-three, as amended by subsequent acts, is hereby amended so as to conform to the provisions of this

act.

Chapter 276, Laws of 1871.

AN ACT to provide for the better support of the poor in the city and town of Newburgh, in the county of Orange.

Section 1. The annual report required by the fifth section of the act entitled "An act for the better support of the poor in the town of Newburgh, in the county of Orange," passed March twenty-three, eighteen hundred and fifty-three, and the several acts amendatory thereof, to be made by the commissioners of the almshouse of the city and town of Newburgh, shall, after the year eighteen hundred and seventy-one, be made by said commissioners on the first day of March in each and every year, and shall be

signed, filed and published as required by said fifth section of said

act.

§ 2. All penalties which may hereafter be incurred for violation, committed either in the city of Newburgh or the town of Newburgh, in the county of Orange, of any of the laws of this state relating to the sale of intoxicating liquors, may be sued for and recovered by the commissioners of the almshouse of the city and town of Newburgh by civil action, in their corporate name, before any justice of the peace of said city or town, or in the county court of Orange county, or in the supreme court; and said penalties, when collected, shall be applied to the support of the poor of said city and town.

3. All moneys which shall be collected and received by the commissioners of excise in the city of Newburgh, in the county of Orange, or by any other officers of said city or town arising from licenses granted in said city and town under the laws of this State regulating the sale of intoxicating liquors, or for penalties incurred for violations of such laws committed in said city or town, shall be paid over by the officers receiving the same within twenty days after they shall receive the same to the commissioners of the almshouse of the city and town of Newburgh, for the support of the poor of said city and town.

§ 4. All fines imposed or hereafter to be imposed by the recorder of the city of Newburgh, or by any justice of the peace of the town of Newburgh, or by any court of criminal jurisdiction in the county of Orange, for drunkenness, or for violation of any of the laws of this state relating to intoxicating liquors, or the sale thereof, shall be paid over by the officer or officers receiving such fines to the commissioners of the almshouse of the city and town of Newburgh, for the support of the poor of said city and town.

§ 5. All acts or parts of acts relating to the support of the poor in the city and town of Newburgh, in the county of Orange, and to the sale of intoxicating liquors, so far as the latter are applicable to said city and town, inconsistent with the provisions of this act, are hereby repealed.

NEW ROCHELLE, WESTCHESTER COUNTY.

(Note.- Commissioner of charities appointed by the mayor for a term of three years at a salary fixed by common council.)

Chapter 559, Laws of 1910.

ARTICLE XXVIII.

DEPARTMENT OF CHARITIES.

Section 401. Commissioner of charities.

402. Powers and duties.

403. City ownership of supplies.
404. Liability of city.

§ 401. Commissioner of charities. The commissioner of charities who is in office when this act takes effect shall be the commisioner of charities until the expiration of his term of office and until his successor is appointed and qualifies. His salary shall be fixed by the board of estimate and apportionment. Before entering upon the discharge of the duties of his office, the commissioner shall execute and file with the city clerk an official undertaking in such penal sum as may be prescribed by the board of estimate and apportionment.

402. Powers and duties. The commissioner shall have the supervision of the expenditure of the money of the city appropriated for the relief of the poor. He shall have control of the charities of the city. He shall investigate all applications for relief, and may examine any applicant under oath. He shall investigate the condition of anyone who is or is likely to become a public charge. He shall institute and prosecute all actions and proceedings authorized by law to compel those liable therefor to contribute to the care and support of any such destitute or dependent persons, and to indemnify the city for or against any expenditures on account thereof. He shall prosecute all bonds, undertakings or recognizances given for any of the purposes herein

mentioned. All moneys recovered in any proceeding, or other wise received by the commissioner, except budget appropriations, for the purposes herein specified shall be deposited with the city treasurer as a trust fund, and shall be applied by the commissioner for the respective purposes as may be necessary. Any unexpended balance of any such trust shall be paid into the sinking fund. The commissioner shall file with the comptroller a monthly statement in detail of all receipts and expenditures, with the names and addresses of all recipients. The commissioner may certify charitable cases to the New Rochelle Hospital under the provisions of section sixty-nine of this act. The commissioner shall have such other powers and duties as may be prescribed by law.

§ 403. City ownership of supplies. The city shall be the owner of supplies furnished to any applicant for relief until the same are consumed. If any person sells or exchanges any supplies so furnished for money or intoxicating liquors or disposes of the same in any way other than that directed he shall be guilty of a misdemeanor.

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

Vol. III-28.

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