Court, November, 1851, Gere v. Supervisors of Cayuga Co., 7 How. Pr. 255. The question as to the propriety of granting relief asked is confided to the discretion of the poor authorities, and if they grant it, the presumption is that they made such investigations as they deemed necessary, and determined the question as to the right of the party to relief, their determination cannot be reviewed. Court of Appeals, November, 1889, City of Albany v. McNamara, 117 N. Y. 168.

An action will not lie against overseers of the poor for omitting to apply to a justice to obtain an order for the relief of a pauper settled in their town, at the suit of one who, after giving them notice, and requiring them to provide for the pauper, supports him at his own expense, voluntarily, and without request from the overseers of the poor. The appropriate remedy is by mandamus in behalf of the pauper. Supreme Court, August, 1826, Minklaer v. Rockfeller, Cow. 276.

An order of a justice of the peace (supervisor), authorizing an allowance for the relief of a pauper, is authority sufficient for an overseer to contract for the support of such pauper. A formal adjudication of the settlement of the pauper in such case is not necessary. Supreme Court, August, 1829, Palmer v. Vandenbergh et al., 3 Wend. 193.

If no fraud be shown and no injury resulted to the taxpayers no action by the taxpayers can be maintained against an overseer of the poor under the taxpayers act of 1881, chapter 531, for expending more than ten dollars for the relief of a pauper or poor family without the written consent of a supervisor. Supreme Court, April 16, 1891, Cobb v. Ramsdell, 37 St. Rep. 457.

overseer (§ 43) In those counties in which there is no poorhouse an is authorized to make an order for the allowance of such sum, weekly or If such otherwise, as the necessities of the poor person may require. pauper (844) has a legal settlement in the town where the application is made, or in any other town of the same county, the overseer is required The money paid by the to apply the money to the relief of such pauper. overseer or contracted to be paid pursuant to such order, shall be drawn If such pauper by him from the county treasurer on producing the order. has not a legal settlement in some town of the county in which the application is made, then notice is to be given to the superintendent of the poor, and the overseer may support the pauper after such notice and until the superintendent assumes his support, and the overseer is to be paid therefor from the county treasury. Supreme Court, April, 1867, Robbins v. Woolcott, 66 Barb. 67.

§ 24. Relief in counties having no alms-house. If application for relief be made in any county where there is no county alms-house, the overseer of the poor of the town where such appli cation is made shall inquire into the facts and circumstances of the case, and with the written approval of the supervisor of such town, make an order in writing for such allowance, weekly or otherwise. as they shall think required by the necessities of such poor person.

If such poor person has a legal settlement in such town, or in any other town in the same county, the overseer shall apply the moneys so allowed to the relief and support of such poor person. The money so paid by him, or contracted to be paid, when the poor person had no legal settlement in the town, and charged to the town in which he had a legal settlement, shall be drawn by such overseer from the county treasurer on producing such order. If such person has no legal settlement in such county, the overseer shall, within ten days after granting to him any relief, give notice thereof, and that such person has no legal settlement in such county, to one of the county superintendents, and until the county superintendents shall take charge of the support of such poor person, the overseer shall provide for his relief and support, and the expense thereof from the time of giving such notice shall be paid to such overseer by the county treasurer on the production of such order and of proof by affidavit of the time of the giving of such notice, and shall be by him charged to the county.

§ 25. Overseer to make monthly examinations and audit accounts. The overseer of the poor of a town or city shall at least once each month, examine into the condition and necessities of each person supported by the town or city out of the county almshouse, and provide within the provisions of this chapter for such allowances, weekly or otherwise, as the circumstances may in his judgment require. All accounts for care, support, supplies or attendance, connected with the maintenance of such poor person or family, shall be settled once in three months, and paid if there be funds for that purpose. No bill, claim or account for care, support, supplies or attendance, furnished to poor persons by order of the overseer of the poor, or otherwise, shall be audited or allowed by the overseer, unless such bill, claim or account be verified by the claimant, to the effect that such care, support, supplies or attendance have been actually furnished for such poor persons, that such poor persons have actually received the same, and that the prices charged therefor are reasonable and not above the usual market rates.

Overseers of the poor may make contracts within the scope of their authority, which are binding upon them in their official capacity, and upon their successors in office; which successors are liable to be sued for a non

performance of the contracts of their predecessors. Supreme Court, August, 1829, Palmer v. Vandenbergh, 3 Wend. 193.

Where a person has, at the request of an overseer of the poor, and on his promise that he would see him paid, boarded a pauper, and furnished him with necessaries, he may maintain an action of assumpsit against the overseer, although no order had ever been made for the relief of the pauper. Supreme Court, August, 1818, King v. Butler, 15 Johns. 281.

But in Supreme Court, May, 1829, In re Olney v. Wickes, 18 Johns. 122, the court said: "There is no longer any question as to the rule of law, that, where a public agent acts ostensibly in the line of his duty, his contracts are public and not personal. It is also clear that a known public agent, acting within the scope of his authority and contracting for the use of the public, may, by special agreement, superadd his personal responsibility so as to render himself individually liable; but, as was correctly remarked by Ch. J. Marshall, in Hogsden v. Dexter, Under these circumstances, the intent of the officer to bind himself personally must be very apparent to induce such a construction of the contract.'" See also King v. Butler, supra, and Supreme Court, July, 1852, Holmes v. Brown, 13 Barb. 599. In the latter case the court said: "The cases where an action has been held to lie against an overseer of the poor for the support of paupers, are placed upon the ground that the credit was given to the person individually, in his private capacity, and not as the officer or agent of the town." In Court of Appeals, June, 1857, In re The Overseers of the Poor of Norwich v. Overseers of Pharsalia, 15 N. Y. 341, the town of Pharsalia being liable for the support of certain paupers, at the time being in the town of Norwich, the defendant as overseer of the poor of Pharsalia promised the plaintiffs, overseers, etc., of Norwich, that, if they would provide for such paupers, he would pay the expenses incurred. It was held that it was not within the official power of the defendant to make such a contract, and that the plaintiffs are confined to the remedy given by statute, viz., the audit of the account by the superintendents of the poor, and the levying of the amount by the board of supervisors on the town of Pharsalia for the benefit of Norwich.

§ 26. Overseers to keep books of accounts. Overseers of the poor, who receive and expend money for the relief and support of the poor in their respective towns and cities, shall keep books to be procured at town or city expense, in which they shall enter the name, age, sex and native country of every poor person who shall be relieved or supported by them, together with a statement of the causes, either direct or indirect, which shall have operated to render such relief necessary, so far as the same can be ascertained. They shall also enter upon such books a statement of the name and age, and of the names and residences of the parents of every child who is placed by them in a family, with the name and address of the family with whom every such child is placed, and the occupation of the head of the family. They shall also enter

upon books so procured, a statement of all moneys received by them, when and from whom, and on what account received, and of all moneys paid out by them, when and to whom paid and on what authority, and whether to town, city or county poor; also a statement of all debts contracted by them as such overseers, the names of the persons with whom such debts were contracted, the amount and consideration of each item, the names of the persons for whose benefit the debts were contracted, and if the same have been paid, the time and manner of such payment. The overseers shall lay such books before the board of town auditors or the common council of the city, at its first annual meeting in each year and, upon being given ten days' notice thereof, at any adjourned or special meeting of such board or counsel, together with a just, true and verified itemized account of all moneys received and expended by them for the use of the poor since the last preceding annual meeting of said board, and a verified statement of debts contracted by them as such overseers and remaining unpaid. The board or council shall compare said account with the entries in the book, and shall examine the vouchers in support thereof, and may examine the overseers of the poor, under oath, with reference to such account. They shall thereupon audit and settle the same, and state the balance due to or from the overseer, as the case may be. Such account shall be filed with the town or city clerk, and at every annual town meeting, the town clerk shall produce such town account for the next preceding year, and read the same, if it be required by the meeting. The overseers of the town shall have such books present each year at the annual town meeting, subject to the inspection of the voters of the town, and the entries thereon for the preceding year shall there be read publicly at the time reports of other town officers are presented, if required by a resolution of such meeting. No credit shall be allowed to any overseers for moneys paid, unless it shall appear that such payments were made necessarily or pursuant to a legal order.

In an action against the sureties upon the official bond of the overseer of the poor to recover money misappropriated by him, the official verified reports filed by the overseer from time to time as required by the above section are competent against the sureties upon his official bond as proof of the condition of his accounts as to receipts and disbursements. Supreme Court, May 31, 1901, Town of Goshen v. Smith, 61 App. Div. 461; 70 N. Y. Supp. 623; affirmed, Court of Appeals, January 6, 1903, 173 N. Y. 597.

§ 27. Annual report of overseers. Such overseers shall make to the town board, at its second annual meeting in each year, a written report, stating their account as provided in the last section, continued to that date, and any deficiency that may then exist in the town poor fund, with their estimate of the sum which they shall deem necessary for the temporary and out-door relief and support of the poor in their town for the ensuing year, and in counties where there is no county almshouse, their estimate of such sum as they shall deem necessary to be raised and collected therein for the support of the poor for the ensuing year. If such board shall approve the statement and estimate so made or any part thereof, they shall so certify in duplicate, one of which certificates shall be filed in the office of the town clerk, and the other shall be laid by the supervisor of the town, before the board of supervisors of the county, on the first day of its next annual meeting. If such overseers of any town shall fail or neglect to estimate the sum to be raised and collected for the support of the poor of their town for the ensuing year, or the supervisor of any town shall fail or neglect to present such estimate for the support of the poor of their town to the board of supervisors, the board of supervisors shall estimate the sum to be raised and collected by such town for the support of the poor of such town, which estimate shall be based upon the amount of the cost of the support of the poor of such town for the preceding year. The board of supervisors shall cause the amount of such deficiency and estimates, as so certified, or the sum estimated by such board of supervisors, together with the sums voted by such town for the relief of the poor therein to be levied and collected in such town, in the same manner as other town charges, to be paid to the overseers of the poor of such town, and the warrants attached to the tax-rolls in such county shall direct accordingly. The moneys so raised shall be received by such overseers, and applied toward the payment of such deficiency, and for the maintenance and support of the poor, for whose relief such estimates were made. The town board shall also, on or before the first day of December, annually certify to the county superintendents, the name, age, sex and native country, of every poor person relieved and supported by such overseers during the preceding year, with the