having a contagious disease, may be maintained at any institution at the expense of the city, unless the commissioner certifies that such person is an indigent person and is a proper city charge.

§ 366. Powers and duties of overseer of the poor. The overseer of the poor may, with the approval of the commissioner, appoint to hold office during his pleasure such subordinates as may be prescribed by the board of estimate and apportionment, and possesses, subject to the regulations and supervision of the commissioner, all the powers and authority of overseers of the poor in the several towns of the county of Monroe, and is subject to the same duties, obligations and liabilities.

§ 367. Power to administer oath. The commissioner, the deputy, the overseer of the poor and all subordinates appointed by the commissioner and overseer of the poor, have the power to examine under oath any person applying for relief.

§ 368. City the owner of supplies. The city continues to be the owner of all articles or supplies furnished to any poor person or applicant until the same are consumed. If any person to whom the same are furnished, sells or exchanges the same for money or intoxicating liquor, or in any way disposes of the same other than in the manner directed, he is guilty of a misdemeanor.

§ 369. Children not to be bound except by order of court or magistrate. No child in the city of Rochester under sixteen years of age may be bound out by the commissioner of charities, or the overseer of the poor of the city, or any corporation authorized by law to bind out children, except upon order of some court or magistrate of competent jurisdiction.

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

(Note.

Rome, Oneida County.

Commissioners of charity appointed by the mayor for

a term of four years. Salary fixed by the common council.)

Chapter 650, Laws of 1904.

TITLE X.

The Board of Charity.

§ 133. The commissioners of charity appointed as herein provided, shall constitute the board of charity for the city.

§ 134. The board of charity shall have all the powers and perform all the duties within said city which are now possessed and performed by overseers of the poor in any town in the county of Oneida, except as otherwise provided by this act. The expenses of the poor, including the salary of the superintendent as determined by the common council shall be levied by the board of supervisors upon the city as heretofore upon the town of Rome. (As amended by chapter 651 of the Laws of 1906.)

§ 135. The said board shall choose some competent person for superintendent of charities, whose duty shall be to administer the charities of the city under its direction. The said board shall recommend to the common council the salary to be paid to such superintendent and the common council shall determine the salary to be paid to the superintendent before his appointment, and when the salary is once fixed it shall not be changed except by the common council upon the recommendation of the board of charity. The superintendent of charities shall hold office during the pleasure of the board of charity.

§ 136. As provided by section one hundred and forty-eight of this act the board of charity shall submit in writing to the common council the estimated expenses of the board for the ensuing year in its work, and the common council shall have power to ratify or modify such estimate and shall set apart as the poor fund the sum thus fixed for the year. The said fund shall be held by the city treasurer as the poor fund and shall be used for no other purpose than for the expenses of said board. The said board shall not expend any sum in addition to the amount authorized by the common council. In case in any year, however, additional funds are

required by the board of charity, it shall submit to the common council an estimate of the amount needed and specifying the reasons why the same is required; and if the common council authorize additional funds, the same shall be set apart in the hands of the treasurer to the credit of the poor fund, and the common council is hereby authorized to borrow on the credit of the city such sum as they may deem advisable for said board and to add the same to the next tax levy.

§ 137. The superintendent shall be the executive officer of the board of charity, and shall carry into effect all directions of said. board evidenced by a resolution entered upon the minutes thereof. He shall have only such powers as are conferred upon him by resolution entered upon the minutes of the board.

§ 138. All payments from the poor fund shall be paid by warrants drawn upon the city treasurer, signed by the president of said board, the city clerk and the superintendent of charities, stating in every instance the name of the person to whom payable, the amount thereof and what the payment is for, with a reference to the resolution authorizing the same, giving the date thereof. (As amended by chapter 651 of the Laws of 1906.)

§ 139. Nothing in this act contained as to the qualification of city officers shall be construed to prevent the appointment of women as commissioners of charity, and the mayor is hereby empowered to appoint not more than two women of full age, who are residents of the city of Rome, as commissioners of charity.

§ 140. The said board shall have power to appoint a competent physician, or physicians, whose duties shall be under the direction of the board of charity, to give medical attendance to the poor of the city, and to perform such duties as the board of charity may prescribe. The said board shall recommend to the common council the salary to be paid to such city physician, or physicians, and upon the determination of the salary the said board shall be authorized to select a city physician or physicians who shall hold office during the pleasure of the board. The health officer shall not be eligible for the office of city physician.

(Note.

Salamanca, Cattaraugus County.

Commissioner of charities appointed by the mayor

and common council for a term of one year at a salary of $250.)

Chapter 507, Laws of 1913.

TITLE X.

Department of Charities.

Section 122. Appointment of commissioner.

123. Powers and duties of commissioner of charities. 124. Monthly report of commissioner.

125. Common council to audit accounts.

126. *Commissioners not to be interested in purchases.

On or before

§ 122. Appointment of commissioners.* the first day of February after the passage of this act and in each year thereafter, there shall be appointed in the manner provided by this act a commissioner of charities, who shall hold office for one year from the first day of February following his appointment.

§ 123. Powers and duties of the commissioner of charities. Except as provided by this act, the commissioner of charities of the city of Salamanca shall, within the city of Salamanca, have and exercise the same powers and discharge the same duties, to the exclusion of any other officer, as overseer of the poor in towns. The commissioner of charities of the city of Salamanca shall also, by virtue of his office, possess all the powers and authority of overseers of the poor of the several towns of the state in relation to the support and relief of indigent persons, the binding out of children, the care of habitual drunkards, the support of bastards and proceedings to charge the fathers and mothers of such bastards, and shall have all such other powers as are conferred on overseers of the poor in the respective towns of this state, and shall be subject to the same duties, obligations and liabilities. It shall be the duty of the commissioner to visit the poor of said city at their several places of abode and examine into their circumstances, and ascertain to what extent they are or may be in need and entitled to permanent or temporary relief, or medical attendance. No physician other than the city physician shall be employed by the commissioner of charities to attend the poor of *So in original.

said city, unless otherwise authorized or directed by the common council. The commissioner of charities shall have power to administer oaths to, and examine under oath, any person applying to him for relief, and false swearing during such examination shall be deemed wilful perjury. For all purposes relative to the maintenance and support of the poor the city of Salamanca shall be deemed one of the towns of Cattaraugus county. The commissioner shall issue written orders for all meals, provisions and supplies furnished to the poor of said city.

§ 124. Monthly report of commissioner. The commissioner of charities, at the first regular meeting of the common council in each month, shall under oath report in detail to the common council all appropriations, expenditures, temporary relief, medical attendance, and allowance made by him as such commissioner during the month preceding, which report shall specify the name and place of abode of each person relieved, the quantity and price per pound, or otherwise as the case may be, of each article furnished or ordered, and from whom obtained; said report shall also contain the names and places of abode of all persons to whom meals or lodgings have been furnished, the number of such meals and lodgings, from whom obtained, or by whom furnished, and the cost of the same. Said report shall be filed with the city clerk.

All

§ 125. Common council to audit accounts. charges and accounts against said city for services rendered, acts done or meals, provisions or supplies furnished under the direction of the commissioner of charities of said city under the provisions of this act, or otherwise, shall be made out in items, duly verified, by the persons entitled to the payment therefor, and presented to the common council at the first regular meeting of said council in each month, for all claims and demands incurred or which may have accrued during the preceding month. All such claims, accounts and charges shall, if approved, be audited by the common council and paid from the poor fund of said city by the comptroller upon the warrant of the mayor, countersigned by the clerk.

§ 126. Commissioner not to be interested in purchases. The commissioner of charities shall not, directly or indirectly, furnish to any person, any groceries, provisions, fuel,