« PreviousContinue »
sioners or boards to report to him as to such other fiscal affairs as the comptroller shall deem necessary for the proper compilation of the tabulation provided for by section forty-nine of this chapter. The comptroller shall also receive and file in his office a statement of any desired appropriation for any purpose which may be presented to him on or before November fifteenth in each year by any individual, corporation or association, including municipal corporations intending to present the same at the ensuing session of the legislature. Each of the reports and statements of desired appropriations thus made shall be in a form to be prescribed by the comptroller. The reports and statements of desired appropriations hereinbefore provided for shall be public records. (Added by chapter 149 of the Laws of 1910.)
$ 49. Duty of comptroller as to tabulation of statements. On or before December fifteenth in each year the comptroller shall make a tabulation of such statements and reports, provided for by section forty-eight of this chapter, in printed form, accompanied by comparative data and estimates of income, together with such comments and a statement of such other matters as he shall deem necessary and proper for the full comprehension of such tabulation, and shall transmit such tabulation to the governor immediately and to the legislature on the first day of its next session. Such tabulation so transmitted shall also contain a statement of all moneys required by the comptroller, together with the reasons therefor, for which any general or special appropriation is desired by him at the ensuing session of the legislature, together with such comparative and other data as the comptroller shall deem necessary and proper for the full comprehension of such last mentioned statement. (Added by chapter 149 of the Laws of 1910.)
$ 50. Separate specifications for contract work for the state. Every officer, board, department, commission or commissions charged with the duty of preparing specifications or awarding or entering into contracts for the erection, construction or alteration of buildings for the state, when the entire cost of such work shall exceed one thousand dollars, must have prepared separate specifications for each of the following branches of work to be performed:
1. Plumbing and gas fitting.
Such specifications must be so drawn as to permit separate and independent bidding upon each of such classes of work enumerated in the above subdivisions. All contracts hereafter awarded by the state, or a department, board, commission, commissioner or officer thereof, for the erection, construction or alteration of buildings or any part thereof, shall award the respective work specified in the above subdivisions separately to responsible and reliable persons, firms or corporations. Nothing in this section shall be construed to prevent the authorities in charge of any state building from performing any such branches of work by or through their regular employees, or in the case of public institutions, by the inmates thereof.
(Added by chapter 514 of the Laws of 1912.)
POOR LAW. AN ACT in relation to the poor, constituting chapter 42 of the
Consolidated Laws. Chapter 46, Laws of 1909, as amended by chapters 347, 380 and 429, Laws of
1909, chapter 102 of the Laws of 1910, chapters 75, 306, 309 and 351 of the Laws of 1912, chapters 251, 594 and 595 of the Laws of 1913, chapter 135
of the Laws of 1914, and chapters 120, 147, 445 and 563 of the Laws of 1915. Article 1. Short title; definitions (S$ 1,2).
2. County superintendents of the poor (S$ 3-14).
charities aid association (SS 115-121). 9. Miscellaneous provisions (S$ 130–148). 10. Laws repealed; when to take effect (S$ 160, 161).
Short Title; Definitions Section 1. Short title.
§ 1. Short title. This chapter shall be known as the “ Poor Law.” § 2. Definitions. A “
» is one unable to maintain himself, and such person shall be maintained by the town, city, county or state, according to the provisions of this chapter. In counties having but one superintendent of the poor, the term “superintendents” or “superintendents of the poor," when used in this chapter, means such superintendent; and in towns or cities having but one overseer of the poor, the term
overseers” overseers of the poor,” when used in this chapter, means a town or city overseer of the poor.
An “alms-house is a place where the poor are maintained at the public expense.
The popular meaning of the word “almshouse” is, of course, well understood, but the revisers and the legislature have not confined us to the popular meaning. They have given to the word a much wider and more comprehensive definition than it has in popular usage. That may properly be termed the statutory definition which is found in the second section of the Poor Law. It is there defined as a place where the poor are maintained at the public expense.” It is not necessary that it should be a public building or that there should be but one place. Court of Appeals, May, 1899, The People ex rel. John B. French, as Overseer of the Poor of the City of Ithaca, Respondent, v. James 8. Lyke, as Superintendent of the Poor of the County of Tompkins, Appellant, 159 N. Y. 149.
The town poor are such persons as are required by law to be relieved or supported at the expense of the town or city; the county poor are such persons as are required by law to be relieved or supported at the expense of the county; and the state poor are such persons as are required by law to be relieved or supported at the expense of the state.
County Superintendents of the Poor
3. County superintendents of the poor.
charge of county poor.
Section 9. Annual apportionment of town expenses.
10. Tax levy on towns.
as to temporary or out-door relief to the poor. 14. Penalty for neglect or false report. § 3. County superintendents of the poor. The county superintendents of the poor shall :
1. Have the general superintendence and care of poor persons who may be in their respective counties.
2. Provide and keep in repair suitable alms-houses when directed by the board of supervisors of their county.
3. Establish rules and by-laws for the government and good order of such alms-houses, and for the enıployment, relief, management and government of the poor therein; but such rules and regulations shall not be valid until approved by the county judge of the county, in writing.
4. Unless a keeper be appointed by the board of supervisors, as provided by section four of this article, employ suitable persons to be keepers of such houses, and physicians, matrons and all other necessary officers and servants, and vest such power in them for the gorernment of such houses, and the poor therein, as shall be necessary, reserving to such poor persons who may be placed under the care of such keepers, matrons, officers or servants, the right of appeal to the superintendents.
Superintendents of the poor may employ suitable person as keeper of almshouse; authorized also to employ matron, physician, and other officers and servants, as may be necessary for the proper management and maintenance thereof, unless otherwise provided by the board of supervisors.
STATE OF NEW YORK,
ALBANY, October 28, 1903. Hon. ROBERT W. HEBBERD, Secretary, State Board of Charities, Capitol,
Albany, N. Y. DEAR SIR.-I have the honor to acknowledge the receipt of your favor of the 26th instant, stating that Mr. L. W. Brown, superintendent of the poor of Lewis county, has written to the State Board of Charities, desiring to know whether, in view of the amendment to subdivision 4 of section 3 of the Poor
Law, passed by the Legislature of 1903, he now has the right to appoint a keeper, matron and other help at the Lewis county almshouse.
It appears from your communication that the board of supervisors of Lewis county in the year 1903 adopted the following resolution, pursuant to which the present keeper is employed:
“Whereas the board of supervisors has the appointing of the keeper of the county house; and
" Whereas we believe the keeper should be appointed by the board, instead of by the superintendent of the poor as heretofore, therefore be it
“ Resolved, That this Board appoints Frank Gerardin, of Croghan, to take possession January 1, 1903, his salary to be the same as that paid heretofore.”
Price to the amendment of 1903, section 3 of the Poor Law, so far as here material, read as follows:
“ The county superintendents of the poor shall, unless a keeper be appointed by the board of supervisors, employ suitable persons to be keepers of such houses (almshouses) and physicians, matrons and all
other necessary officers and servants.” Section 4 of the Poor Law confers upon the board of supervisors of any county power to
“ appoint as keeper of its county almshouse one of the superintendents of the poor of such county, who shall hold such office until the expiration of his term as superintendent or until the board of supervisors, by
resolution, shall determine that he shall no longer act in such capacity." Section 4 and subdivision 4 of section 3 of this statute must be read together. So read, the power granted to the board of supervisors to appoint a keeper of the almshouse is limited and restricted to the appointment as such keeper of one of the superintendents of the poor of the county, as prescribed in section 4.
By chapter 340 of the Laws of 1903, subdivision 4 of section 3 of the Poor Law was amended so as to confer power upon the superintendents of the poor to employ suitable persons to be keepers of such houses, “unless a keeper be appointed by the board of supervisors, as provided by section 4 of this article."
By this amendment the Legislature has made clear its intention to restrict the power of the board of supervisors to appoint a county almshouse keeper to the one case provided for by section 4 of the Poor Law, viz., the case of the appointment of one of the superintendents of the poor as such keeper. But, as I view the statute, that was the only conclusion that could be reached before the amendment, under well-recognized principles of construction.
In the event of the failure of the board of supervisors to designate the superintendent of the poor, himself, as keeper of the almshouse, I am of the opinion that the superintendent of the poor has the right to employ a suitable person as keeper and also to employ a matron, physician and such other officers and servants as may be necessary for the proper management and maintenance thereof.