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 account 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 com

missioner 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 fie 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 commis sioner, shall possess all the power and authority of overseers of the poor in the several towns of the county in which the city is situ ated, 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.

Watertown, Jefferson County.

(Note. - Five commissioners of charity appointed by the mayor for a term of five years. Compensation fixed by common council.)

Chapter 760, Laws of 1897.

TITLE XI.

The Board of Charity.

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

§ 166. The board of charity shall have all the powers and perform all the duties within said city which are now possessed an

performed by the overseers of the poor of the towns or by supervisors acting as overseers of the poor of the towns in the county of Jefferson, as provided by chapter eight hundred and seventeen of the laws of eighteen hundred and seventy-three, entitled “An act to provide for the support of the poor in the county of Jeffer" and the several acts amendatory thereof, and by the general laws of the state, except as herein otherwise provided.

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§ 167. 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 com. mon council upon the recommendation of the board of charity. The superintendent of charities shall hold office during the pleasure of the board of charity.

§ 168. As provided by section one hundred and seventy-seven 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.

§ 169. 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.

§ 170. All payments from the charity fund shall be made 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.

§ 171. 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 Watertown, as commissioners of charity.

§ 172. The said board shall have power to appoint some competent physician 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, and upon the determination of the salary the said board shall be authorized to select a city physician who shall hold office during the pleasure of the board. Nothing in this act shall be construed to prevent the "health officer" of the city from being appointed city physician by the said board.

Watervliet, Albany County.

(Note. Commissioner of charities appointed by mayor and common council for a term of two years at a salary of $600.)

Chapter 184, Laws of 1911.

ARTICLE X.

Department of Charities.

Section 145. Commissioner; overseer of poor.

146. Powers and duties of commissioner.

147. Powers and duties of commissioner."

148. City owner of supplies.

149. Liability of city.

So in original.

Section 145. Commissioner; overseer of poor. The commissioner of charities shall be the overseer of the poor. In case of the absence or disability of the commissioner or of a vacancy in the office, the mayor may appoint a deputy who shall discharge the duties of the office until the commissioner returns, his disability ceases or the vacancy is filled. The commissioner and deputy, 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.

§ 146. 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 account of the care, maintenance, relief, education or support of any such persons shall be deposited by the commissioner with the chamberlain 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.