expire, and until his successor is duly elected and qualifies. When ballots are voted without designating the term, the first name or the ballot shall be deemed as intended for the full or longer term of the officer voted for; the second name for the next longer term, and the third name for the shorter term.

§ 221. Undertaking. Every person elected or appointed to the office of superintendent of the poor shall, before he enters upon the duties of his office, and if appointed, within fifteen days after notice thereof, execute and deliver to the clerk of the county, to be filed in his office, his undertaking to the county, with two or more sufficient sureties, with the approval of the board of supervisors, if in session, indorsed thereon by the clerk; otherwise by the county judge of his county, or a justice of the supreme court of his judicial district, to the effect that he will faithfully discharge the duties of his office as such superintendent of the poor, and pay according to law all moneys that shall come into his hands as such superintendent, and render a just and true account thereof to the board of supervisors of his county.

§ 242. County charges, how raised. The moneys necessary to defray the county charges of each county shall be levied on the taxable property in the several towns therein, in the manner prescribed in the general laws relating to taxes; and in order to enable the county treasurer to pay such expenses as may become payable from time to time, the board of supervisors shall annually cause such sum to be raised in advance in their county, as they may deem necessary for such purpose.

§ 243. Annual report of county officers. Each county officer who shall receive, or is authorized by law to receive, any money on account of fines or penalties or other matter in which his county, or any town or city therein, shall have an interest, shall

annually make a written report to the board of supervisors of his county, verified to be true, bearing date the first day of November, stating the time when, and the name of every person from whom, such money has been received, the amount thereof, on what account received, and the sums remaining due and unpaid; and if no such money has been received, his report shall so state. Such report shall be filed with the clerk of the board, on or before the fifth day of November; and no officer shall be entitled to receive payment for his services, unless he shall file with the supervisors, or other officers performing their duties, his affidavit that he has made such report, and paid over all moneys which he is required to pay over, within ninety days after receiving any such money. Such officers shall pay the same without any deduction to the treasurer of his county, who shall execute duplicate receipts therefor, one of which he shall deliver to the person paying the money, and attach the other to his annual report herein required; but nothing herein shall be construed to apply to moneys received by any town or city officer in his official capacity, as such, specially appropriated for any town or city

purpose.

SPECIAL STATUTES RELATING TO THE CARE OF THE POOR IN CERTAIN COUNTIES OF NEW YORK STATE.

Albany County.

AN ACT to provide for the care, transportation and commitment, and the payment therefor, of lunatics, idiots, persons of unsound mind, deaf-mutes, orphans and paupers, the expense of whose maintenance and transportation is a charge upon the county of Albany, and to define the duties of the superintendent of the almshouse in the city of Albany.

Chapter 354, Laws of 1884.

Section 1. It shall be the duty of the overseers of the poor of the several towns in the county of Albany, of the village of West Vol. 3-28

Troy, and of the city of Cohoes and of the city of Albany, whenever any lunatic, idiot, person of unsound mind, deaf-mute, or pauper within the jurisdiction of such officers respectively shall be or become by law chargeable to the county of Albany and shall be lawfully committed to the almshouse or any asylum or other place provided for the safe keeping of such persons, to transport such persons (subject, in case of their sickness, lameness or other disability, to the provisions of section forty-two of title one of chapter twenty of part one of the Revised Statutes of this state) to the city of Albany, and deliver him or her to the superintend ent of the almshouse in the said city, as hereinafter provided for. Whenever notified by any such overseer that any such person has or is about to arrive by any public conveyance at any place in the city of Albany, and whenever notified by the overseer of the poor of the city of Albany that any such person is within the said city it shall be the duty of the said superintendent to send for and cause such person to be transported to the almshouse in said city, or to the asylum or other place where he is lawfully committed, in a proper conveyance to be kept at such almshouse for that purpose.

§ 2. Whenever any child shall be or become in danger of be coming a charge upon the county of Albany, it shall be the duty of the overseer of the poor having jurisdiction in the place of the residence for the time being of such child, to take such child before some magistrate, who shall examine such child and shal! cause to appear before him and shall examine such other persons under oath as shall be acquainted with the parentage, condition and circumstances of such child, and shall ascertain among other things the full name, and the residence by town, village or city, and by road, street or street number if possible, of such child, his or her age, nationality, color and sex, the name of its father, his occupation or employment, and whether he be living or not, and if dead, the date of his death; the name of its mother and whether living or not and if dead the date of her death, the last residence and nationality of said father and mother, and the length of their residence in this county, and the present resi dence of such child and the person with whom he or she resides, and whether any person is properly chargeable with the expense

of its support, and the reasons, if any, why such child is and should be a charge upon the county of Albany, and shall reduce such examination to writing, and cause the same to be subscribed by the person examined. It shall be the duty of such overseer in case any person be properly chargeable with the support of such child, and able to support it, to take proceedings to compel such person to provide therefor. In case no such person be so chargeable with the support of such child, the said magistrate shall deliver such examination so had before him and reduced to writing as aforesaid to the said overseer of the poor, who shall transmit the same to the superintendent of the almshouse. If such superintendent shall find that the expense of the support of such child is a proper charge against the county of Albany, he shall transmit to said overseer (except to the overseer of the poor of the city of Albany), a commitment in writing, committing such child to the almshouse or to some incorporated institution specially authorized by law to receive orphan poor, or in any case may temporarily receive such child at the almshouse until a proper disposition can be made of it. The institution so to be selected shall, except under special and peculiar circumstances to be stated in the commitment, be one located in the county of Albany, and whenever practicable shall be one governed or controlled by persons of the same religious faith as the parents of the child who may be committed thereto. If the child be over two years of age it shall not in any case be committed to the almshouse, nor shall any children committed to any asylum or other institution be transferred to any other asylum or institution without a written commitment to such other asylum or institution made by the superintendent of the almshouse.

It shall be the duty of such overseer forthwith to transport such child to the almshouse or to such institution, and in the latter case to take from the proper authorities thereof a receipt in writing, stating the full name, sex and age, and date of receipt of such child. On presentation of such child at the almshouse or transmission of such receipt from such institution to the superintendent of the almshouse, he shall give or transmit to such overseer a receipt similar to the receipt mentioned in section

three of this act, under which the said overseer shall be paid by the county treasurer of Albany county as hereinafter provided. All orders made by the superintendent of the almshouse for the commitment of orphan, destitute and dependent children to an orphan asylum, under the provisions of this act, shall lapse and become void on the first day of October next after the date on which they were issued, but the said superintendent may, within ten days next preceding the first day of October in any year, if on inquiry and investigation by him good and sufficient reasons therefor be found to exist, grant a new order of commitment authorizing the further detention and support of any such child in any orphan asylum for the period of one year from the expiration of his previous order.

§ 3. It shall be the duty of the said superintendent to give to the overseer of the poor for each person so received by him under section one of this act, and for each orphan committed under the provisions of section two of this act, a receipt stating the name of the said overseer, the name and last place of residence of the person received from such overseer or delivered by him at any asylum or other place, and the date of such receipt or delivery, and the number of miles properly traveled by any public conveyance, and the number of miles properly traveled by private conveyance by such overseer in bringing such person to the city of Albany, or to the asylum to which he or she is committed, and the amount to which such overseer is entitled therefor at the rate of compensation therefor hereinafter stated. The said superintendent shall also in all cases make an entry of the aforesaid and of such other facts connected with the case as shall enable him to make the reports to the county treasurer and supervisors hereinafter mentioned, in a book or books of record to be kept by him for that purpose and which shall be and constitute public records.

§ 4. It shall be the duty of the county treasurer of the county of Albany to pay out of the county moneys in his hands, to the overseer of the poor, who shall present and file with him the aforesaid receipt of the superintendent of the almshouse, endorsed with a proper receipt subscribed by such overseer for the amount