support of its poor as may be authorized by law." Court of Appeals, January 23, 1893, White v. Inebriates' Home, 141 N. Y. 123; s. c. 56 St. Rep. 665; 8. c. 56 St. Rep. 194, affirmed.

No implied obligation rests upon an overseer of the poor to compensate a person, who has, voluntarily and without request from him, relieved a pauper. Queens County Court, August, 1895, Smith v. Williams, 13 Misc. 761; s. c. 69 St. Rep. 611.

If the person directed by an order of the court of sessions to pay a certain sum of money per week, payable monthly to a superintendent of the poor, to be applied exclusively to the support of her daughter, desires to relieve herself from the effect thereof, she should apply to the court of sessions under the provisions of section 918 of the Code of Civil Procedure, for its modification, but so long as the order remains unchanged, she is by force of the statute liable to pay the sum therein prescribed; such an order is not void because it gives no option to such person either to support her daughter or to pay the amount provided, and if it is irregular or improper the remedy is by appeal, and the question of its irregularity or impropriety cannot be raised in an action brought to collect the amount directed to be paid. Court of Appeals, January 26, 1897, Aldridge v. Walker, 73 Hun, 281; s. c. 57 St. Rep. 272.

The County Law does not make the personal expenses of a superintendent of the poor a county charge and they are not a proper charge unless the board of supervisors has expressly so provided in fixing the compensation of the superintendent.

The right of a superintendent of the poor to draw drafts on the county treasurer for his personal expenses, if it ever existed, has been taken away by an amendment to the Poor Law made by chapter 75 of the Laws of 1912, providing that the superintendent of the poor shall pay over to the county treasurer all moneys received by him, etc., and make payments only by orders drawn on the county treasurer payable to the person entitled thereto and showing upon the face thereof the purpose for which the order is given. Said statute makes it unlawful for the superintendent to disburse moneys himself directly and he cannot draw a draft to his own order for personal expenses.

A superintendent of the poor asking a writ of mandamus to compel the payment of the draft drawn by him on the county treasurer for personal expenses is under the burden of showing that such expenses were a county charge. Supreme Court, April 28, 1915, Matter of Strong v. Williams, 167 App. Div. 714.

§ 4. Appointment of superintendent as keeper of alms-house. The board of supervisors of any county may, by resolution, appoint as keeper of its county alms-house 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. The board of supervisors may fix the compensation such superintendent shall receive for acting as such

keeper, and such compensation shall be a county charge. While a resolution of the board of supervisors directing such superintendent to act as keeper of the county alms-house is in force, the superintendents shall not employ a keeper thereof.

For work, labor and services rendered to the keeper of a county poorhouse by an inmate thereof and his wife, for the benefit of such keeper and in his business, and upon his promise to pay therefor, he is liable.

The keeper of a county poorhouse is not entitled, any more than a stranger, to the labor and services of the paupers therein, for his own advantage, without compensation; and any contract or promise he may make to pay for such labor will be obligatory upon him. Court of Appeals, March, 1864, Bergin v. Wemple, 30 N. Y. 319.

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Laws of 1896, chap. 225, § 4, providing that the county superintendents of the poor, one of whom is elected annually, shall employ a keeper of the almshouse unless a keeper be "appointed" by the board of supervisors, does not authorize the superintendents of the poor to employ an almshouse keeper for a term of years.

A keeper of an almshouse "employed" by the superintendents of the poor in the failure of the board of supervisors to appoint a keeper (Laws 1896, chap. 225, § 4) is not an officer within Constitution 1895, art. 10, $ 3, providing that an office, the duration of which is not fixed by the Constitution or by statute shall be held during the pleasure of the body making the appointment. Supreme Court, June, 1897, Abrams v. Horton, 45 N. Y. Supp. 887; 18 App. Div. 208.

§ 5. When they may direct overseers of the poor to take charge of county poor. Whenever the county superintendents take charge of the support of any county poor person, in counties where no alms-house is provided, they may authorize the overseers of the poor of the town in which such poor person may be, to continue to support him, on such terms and under such regulations as they shall prescribe; and thereafter no moneys shall be paid to such overseers for the support of such poor person, without the order of the superintendents; or the superintendents may remove such poor person to any other town, and there provide for his support, in such manner as they shall deem expedient.

§ 6. Idiots and lunatics. The superintendents of the poor shall provide for the support of poor persons that may be idiots or lunatics, at other places than in the alms-house, in such manner as shall be provided by law for the care, support and maintenance of such poor persons.

Where the property of a father consists solely of pension moneys, and property purchased therewith, he cannot be compelled, under sections 915

and 916 of the Criminal Code, to support his pauper insane son. Court of Sessions, Lewis County, December, 1895, Matter of St. Lawrence State Hospital, 15 Misc. 159; S. C. 37 N. Y. Supp. 12; affirmed in 13 App. Div. 436. See also S. C. 15 Misc. 165.

§ 7. Pestilence in alms-house. Whenever any pestilence of infectious or contagious disease shall exist in any county almshouse or in its vicinity, and the physician thereof shall certify that such pestilence or disease is likely to endanger the health of the persons supported thereat, the superintendents of the poor of such county shall cause the persons supported at such almshouse or any of them, to be removed to such other suitable place in the same county as shall be designated by the board of health of the city, town or village within which such alms-house shall be, there to be maintained and provided for at the expense of the county, with all necessary medical care and attendance, until they can be safely returned to the county alms-house from which they were taken, or otherwise discharged.

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§ 8. Accounts of county treasurer with towns. counties where there are town poor, the county treasurer thereof shall open and keep an account with each town, in which the town. shall be credited with all the moneys received from the same, or from its officers, and shall be charged with the moneys paid for the support of its poor. If there be a county alms-house in such county, the superintendents of the poor shall, in each year, before the annual meeting of the board of supervisors, furnish to the county treasurer a statement of the sums charged by them as herein directed, to the several towns for the support of their poor, which shall be charged to such towns, respectively, by the county treasurer in his account.

The actual expense to towns for the support of their poor in the county alms-house must be determined by what has really been paid for such support by the county. There shall be no discrimination between town and county poor, in respect to the application of products from the poor farm, or the products derived from the labor of the poor. Supreme Court, September, 1856, City of Rochester v. Supervisors of Monroe Co., 22 Barb. 248.

§ 9. Annual apportionment of town expenses. In counties having an alms-house, and where there are town poor, the superintendents shall annually, and during the week preceding the annual meeting of the board of supervisors, make out a statement of

all the expenses incurred by them the preceding year for the support of town poor, and of the moneys received therefor, exhibiting the deficiency, if any, in the funds provided for defraying such expenses, and they shall apportion the deficiency among the several towns in proportion to the number and expenses of the town poor of such towns respectively, who shall have been provided for by the superintendents, and shall charge the towns with such proportion; which statement shall be by them delivered to the county treasurer.

§ 10. Tax levy on towns. At the annual meeting of the board of supervisors, the county treasurer shall lay before them the account kept by him; and if it shall appear that there is a balance against any town, the board shall add the same to the amount of taxes to be levied and collected upon such town, with the other contingent expenses thereof, together with such sum for interest as will reimburse and satisfy any advances that may be made, or that may have been made, by the county treasurer for such town, which moneys, when collected, shall be paid to the county treasurer.

§ 11. Expense of county poor. The superintendents of the poor shall annually present to the board of supervisors, at their annual meeting, an estimate of the sum which, in their opinion, will be necessary during the ensuing year for the support of the county poor; and such board of supervisors shall cause such sum as they may deem necessary for that purpose, to be assessed, levied and collected, in the same manner as other contingent expenses of the county, to be paid to the county treasurer and to be by him kept as a separate fund, distinct from the other funds of the county.

Superintendents of the poor have capacity to contract a liability for supplies for the county almshouse. Supreme Court, July, 1850, Hayes v. Symonds, 9 Barb. 260.

§ 12. Superintendents' report to the state board of charities. The superintendents of the poor of every county shall, on or before the first day of December in each year, make reports covering the year ending September thirtieth, to the state board of charities in such form as the board shall direct, showing the number

of the town poor and of the county poor that have been relieved or supported in their county the year preceding October first; the whole expense of such support, the amount paid for transportation of poor persons, and any other items not part of the actual expenses of maintaining the poor, and the allowance made to superintendents, overseers, justices, keepers, matrons, officers and other employees of the superintendents; the actual value of the labor of the poor persons maintained, and the estimated amount saved in the expense of their support in consequence of their labor; the sex and native country of every such poor person, with the causes, either direct or indirect, which have operated to render such persons poor, so far as the same can be ascertained; and shall include in such report a statement of the name and age of, and of the names and residence of the parents of, every poor child who has been placed by them in a family during the year, with the name and residence of the family with whom every such child was placed, and the occupation of the head of the family, together with such other items of information in respect to their character and condition as the state board of charities shall direct.

§ 13. Supervisors and members of town boards may direct as to temporary or out-door relief to the poor. The board of supervisors of any county may make such rules and regulations as it may deem proper in regard to the manner of furnishing temporary or out-door relief to the poor in the several towns in said county, and provided the board of supervisors shall have failed to make any such rules and regulations the town board of any town may make such rules and regulations as it may deem proper in regard to furnishing temporary or out-door relief to the poor in their respective towns, by the overseer or overseers of the poor thereof, and also in regard to the amount such overseer or overseers of the poor may expend for the relief of each person or family, and after the board of supervisors of any county, or the town board of any town, shall have made such rules and regulations, it shall not be necessary for the overseers of the poor of the towns in said county, where such rules and regulations were made by the board. of supervisors, or if in a town by the said town board, to procure an order from the supervisor of the town, or the sanction of the