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ants in the various departments of the school and pay the wages of the same.

$ 1003. Purchase of equipment. They shall purchase all furniture, apparatus and other supplies necessary to the equipment and carrying on of the school in the most efficient manner.

$ 1004. Duty to supply clothing and pay traveling expenses. 1. When any blind person shall, upon proper application, be admitted into the school, it shall be the duty of his parents, guardians or other friends, to suitably provide such person with clothing at the time of entrance and during continuance therein, and likewise to defray his traveling expenses to and from the school, at the time of entrance and discharge, as well as at the beginning and close of each session of the school, and at any other time when it shall become necessary to send such person home on account of sickness or other exigency.

2. Whenever it shall be deemed necessary by the trustees to have such person permanently removed from the school, in accordance with the by-laws and regulations thereof, the same shall be promptly removed upon their order, by his parents, guardians or other friends.

State Institutions - Liability of county for support, etc.

STATE OF NEW YORK,

ATTORNEY-GENERAL'S OFFICE,

ALBANY, September 16, 1905. Prof. O. H. BURRITT, Superintendent, New York State School for the Blind,

Bataria, N. Y.: DEAR SIR.—Your letter of inquiry, regarding the residence of, and county liable for, the support, clothing and traveling expenses of the three children of George G. Speed, who are inmates of the School for the Blind at Batavia, was duly received, but owing to the great pressure of business in the office has not been answered before; but inasmuch as the bills for this care, clothing, etc., are to be submitted on the 1st of October, I trust the delay has caused no harm.

The facts in this case appear to be that one George Speed was born in the village of Seneca Falls; that he resided there at all times up to the time of his marriage; that he married in Seneca Falls; that four children of such union were born at Seneca Falls, Seneca county, N. Y., and that the three children who are now inmates of the institution of which you are superintendent were committed to said institution from Seneca Falls while their parents had a legal residence and settlement at said village.

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The father of these children had very little, if any, property, and had on various occasions been assisted in the maintenance of himself and family by the overseer of the poor of the town of Seneca Falls, in Seneca county, prior to the time of the placing of the children in the institution for the blind at Batavia, and he continued to receive help from the town authorities up to and during all the time that he resided at Seneca Falls.

It appears by the evidence taken in an action in Justices' Court, entitled Broome County vs. The Town of Seneca Falls, that the father of these children went from Seneca Falls to Elmira, on or about July 15, 1901; that he stayed there until August, 1901; that he then went to Binghamton, Broome county, N. Y.; that during this time his wife and family which were not in some charitable institution remained at Seneca Falls until October 21, 1901, at which time his wife and children went to Binghamton.

Under this state of facts, I am of the opinion that George G. Speed never gained a legal settlement in any place other than Seneca Falls, Seneca county, N. Y.; that at the time he removed from said village, he was and had been a charge upon the poor authorities, under which circumstances he could not gain a legal settlement in any other county or town. Section 40 of the Poor Law reads in part as follows:

· Every person of full age who shall be a resident and inhabitant of any town or city for one year and the members of his family who shall not have gained a separate settlement, shall be deemed settled in such town or city, and shall so remain until he shall have gained a legal settlement in some other town or city in this State, or shall remove from this State

and remain therefrom one year. The year's residence mentioned in this section must be a year's residence entirely free from any care of any charitable institutions or by the poor authorities of any municipality.

This principle was clearly stated and upheld in the case of Bellows, Superintendent of the Poor, vs. Courter, Superintendent of the Poor, reported in 6th N. Y. Supplement, p. 73.

The certificate required to accompany the application for admission to the institution was made by a physician of Seneca Falls, who was also the president of the village of Seneca Falls at the time of making such certificate. He was not one of the officers named in section 3 of chapter 744, Laws of 1867, as amended by chapter 616, Laws of 1872.

I am of the opinion, however, that the certificate having been made by the president of the village, and the fact being that the Speeds were residents and inhabitants of the village of Seneca Falls, Seneca county, at the time, that this certificate was proper and sufficient, and that the county of Seneca is liable for these bills, and that your itemized statement of the bills should be made out in due form and submitted to the clerk of the board of supervisors of Seneca county, as provided by section 47 of the State Charities Law.

Trusting that the delay has not inconvenienced you in any way, and that this may be the means of getting these matters straightened out to your satisfaction, I am,

Yours respectfully,

JULIUS M. MAYER,

Attorney-General.

$ 1005. Charges against county. 1. If the friends of

any pupil from within the state of New York shall fail through neglect or inability to provide the same with proper clothing or with funds to defray his necessary traveling expenses to and from the school, or to remove him therefrom, as required in the preceding section, the trustees shall furnish such clothing, pay such traveling expenses, or remove such pupil to the care of the overseers of the poor of his township, and charge the cost of the same to the county to which the pupil belongs, provided that the annual amount of such expenditures on account of any one pupil shall not exceed the sum of sixty dollars.

2. And in case of the death of any pupil at the school, whose remains shall not be removed or funeral expenses borne by the friends thereof, the trustees shall defray the necessary burial expenses, and charge the same to his county as aforesaid.

3. Upon the completion of their course of training in the industrial department, the trustees may furnish to such worthy poor pupils as may need it, an outfit of machinery and tools for commencing business, at a cost not exceeding seventy-five dollars each, and charge the same to the proper county as aforesaid.

8 1006. Accounts against counties and payment thereof. On the first day of October in each year, the trustees shall cause to be made out against the respective counties concerned, itemized accounts, separate in each case, of the expenditures authorized by the preceding section, and forward the same to the board of supervisors chargeable with the account. The board shall thereupon direct the county treasurer to pay the amount so charged to the treasurer of the school for the blind, on or before the first day of March next ensuing.

$ 1007. Reimbursement of counties. The counties against which the said accounts shall be made out as aforesaid, shall cause their respective treasurers, in the name of their respective counties, to collect the same, by legal process, if necessary, from the parents or estates of the pupils who have the ability to pay, on whose account the said expenditures shall have been made; provided that at least five hundred dollars' value of the property of such parents or estate shall be exempt from the payment of the accounts aforesaid.

§ 1008. Entitled to publications and may receive bequests and donations. The school shall be entitled to re ceive copies of all books and other publications which are distributed gratuitously by the state to township or county libraries, common schools, academies, colleges and societies. It may also receive in the name of the state, bequests or donations of money or any kind of property, but such money or property shall, in all cases, belong to the state, and be subject to its control; provided that the same shall not be diverted from the particular object for which it shall be bequeathed or donated.

$ 1009. Records and annual reports. The board of trusices shall keep full and complete record of their proceedings, and make an annual report of the same to the legislature, at the commencement of the regular session thereof, strictly accounting in detail for their expenditures, on account of the school, during the pre eding fiscal year of the state, setting forth the progress and condition of the several departments of the school, making such suggestions concerning its future management as they may deem essential, and słıbmitting proper estimates of the funds needed for its support, as well as for building and all other purposes.

8 1010. Payments by state treasurer. The state treasurer is hereby directed to pay over to the board of trustees, upon the warrant of the comptroller, all moneys which shall hereafter be appropriated on account of the New York state school for the blind; the general appropriations for the current support of the school, to be paid in equal quarterly installments, and specific appropriations for building and other purposes, to be paid when needed by the trustees.

$ 1011. Drafts upon state treasury. All drafts upon the state treasury on behalf of the school shall be based upon orders of the board of trustees, signed by the president and secretary of the same, and attested by the common seal of the school.

*962. Consent of trustees to construction of sewers. The board of trustees of the New York State School for the Blind shall have power and authority to grant to the village of Batavia a license to lay, construct and maintain as a part of the general sewer system of such village, a sewer or sewers in, through, under and along the lands of such school in the village of Batavia, upon such conditions as such board may prescribe. (Added by chapter 53 of the Laws of 1910.)

ARTICLE XLIII-A.

(Added by Chapter 441 of the Laws of 1910.) Retirement Fund for Teachers in State Insti

tutions, Section 1095. Retirement of certain teachers in state institutions.

1096. Certificate of retirement upon application.
1097. Retirement upon recommendation of governing

body of institution where teacher is employed. 1098. Amount to be paid to such retired teachers.

1099. Time and manner of payments. § 1095. Retirement of certain teachers in state institutions and institutions receiving state pupils. Every teacher in a state institution and in an institution for the instruction of the deaf and dumb and the blind, receiving state pupils whose instruction and support are paid for by the state, who, for a period of ten years immediately preceding, has been employed as a teacher in any college, school, institution or teachers' institutes maintained and supported by the state, or in any

such institution for the instruction of the deaf and dumb and the blind and who shall have been engaged in teaching in some college, university, school, academy, institution, teachers' institutes or in the public schools of this state or elsewhere during a period aggregating thirty years must, at his request, or may, on the order of the commissioner of education, be retired from such employinent. (As amended by chapter 293 of the Laws of 1912, and chapter 614 of the Laws of 1915.)

$ 1096. Certificate of retirement upon application.

Section not renumbered to correspond with $$ 990–1011.

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