oath any person applying to them for relief, and false swearing during such examination shall be deemed wilful perjury. The commissioners shall issue written orders for all means, provisions and supplies to the poor of said city as prescribed by this act and there shall be endorsed on said orders a statement to that effect to be signed by the person furnishing such means, provisions and supplies thereunder, that they have not furnished or delivered to said person presenting such order in exchange for the same, any moneys or intoxicating liquors. They shall not employ any physician other than the city health officer.

Each of the commissioners shall at the first regular meeting of the common council in each month, report to the common council under oath, in detail, all appropriations, expenditures, temporary relief and allowances made by him as such commissioner, during the month preceding, which report shall specify the name and place of abode of each person relieved. Such report shall also contain the names and places of abode of all persons to whom meals or lodgings have been furnished, the number of such meals and lodgings, from whom obtained, by whom furnished, the cost of the same, and the amount of, and orders issued by him outstanding. Such report shall be filed with the city clerk. All charges and accounts against the city for services rendered, acts done or means, provisions or supplies furnished under the direction of the commissioners of charity, under the provisions of this act or otherwise, shall be made out in items, duly verified by the persons entitled to the payment thereof, and presented to the common council at the first regular meeting thereof in each month, and shall have attached to the order of the commissioner of charities upon which the same was rendered, supplied or furnished, for all claims and demands incurred or which may have accrued during the preceding month; all such claims, accounts and charges shall, if approved, be audited by the common council, and paid from the poor fund by the city treasurer, upon the warrant of the mayor countersigned by the clerk. The city shall continue to be the owner of supplies furnished to any poor person or applicant for relief until the same shall be consumed. If any person to whom an order shall be given shall sell or exchange the same for money or for intoxicating liquors, or in any wise

dispose of the same other than in the manner directed, such conduct shall be deemed a misdemeanor.

The commissioners of charity shall not directly or indirectly furnish to any person, any groceries, provisions, fuel, medicines or property belonging to himself or in which he shall have any interest or be interested, nor shall he receive any commission upon; or for any goods, articles or relief furnished, or on any orders by him or either of said commissioners for such goods, articles or relief. For any violation of any provisions of this section, said commissioner shall be removed from office and shall forfeit to the city a penalty of one hundred dollars for every such violation.

Nothing contained in this act shall be deemed to make the city liable for the support or relief of any poor person for which it is not otherwise so liable.

Rochester, Monroe County.

(Note.- Commissioner of charities appointed by the mayor to serve during his pleasure. Salary fixed by board of estimate and apportionment.)

Chapter 755, Laws of 1907.

ARTICLE XIII.

Department of Charities.

Section 363. Commissioner of charities.

364. Powers and duties of commissioner.

365. Certificates to maintain sick persons at institutions. 366. Powers and duties of overseer of the poor.

367. Power to administer oath.

368. City the owner of supplies.

369. Children not to be bound except by order of court or magistrate.

370. Liability of city limited.

Section 363. Commissioner of charities. The commissioner of charities is the head of the department of charities, and may appoint to hold office during his pleasure, a deputy, an overseer of the poor, and such other subordinates as may be prescribed by the board of estimate and apportionment.

The com

§ 364. Powers and duties of commissioner. missioner has the supervision of the expenditures of the money of the city for the support or relief of the poor, and he must make regulations for such expenditures. He must furnish to the mayor a daily report of the aid and relief granted by him, with the names and addresses of all recipients; and he has such other powers and duties not inconsistent with the provisions of this act or the other laws of the state, as may be prescribed by the ordinances of the

common council.

§ 365. Certificates to maintain sick persons at institutions. No sick person, except one having or suspected of having a contagious disease, may be maintained at any institution at the expense of the city, unless the commissioner certifies that such person is an indigent person and is a proper city charge.

§ 366. Powers and duties of overseer of the poor. The overseer of the poor may, with the approval of the commissioner, appoint to hold office during his pleasure such subordinates as may be prescribed by the board of estimate and apportionment, and possesses, subject to the regulations and supervision of the commissioner, all the powers and authority of overseers of the poor in the several towns of the county of Monroe, and is subject to the same duties, obligations and liabilities.

§ 367. Power to administer oath. The commissioner, the deputy, the overseer of the poor and all subordinates appointed by the commissioner and overseer of the poor, have the power to examine under oath any person applying for relief.

§ 368. City the owner of supplies. The city continues to be the owner of all articles or supplies furnished to any poor person or applicant until the same are consumed. If any person to whom the same are furnished, sells or exchanges the same for money or intoxicating liquor, or in any way disposes of the same other than in the manner directed, he is guilty of a misdemeanor.

§ 369. Children not to be bound except by order of court or magistrate. No child in the city of Rochester under

sixteen years of age may be bound out by the commissioner of charities, or the overseer of the poor of the city, or any corporation authorized by law to bind out children, except upon order of some court or magistrate of competent jurisdiction.

§ 370. Liability of city limited. Nothing in this act contained shall be construed to make the city liable for the support or relief of any poor person, when it is not otherwise so liable.

(Note.

Rome, Oneida County.

Commissioners of charity appointed by the mayor for

a term of four years. Salary fixed by the common council.)

Chapter 650, Laws of 1904.

TITLE X.

The Board of Charity.

§ 133. The commissioners of charity appointed as herein provided, shall constitute the board of charity for the city.

§ 134. The board of charity shall have all the powers and perform all the duties within said city which are now possessed and performed by overseers of the poor in any town in the county of Oneida, except as otherwise provided by this act. The expenses of the poor, including the salary of the superintendent as determined by the common council shall be levied by the board of supervisors upon the city as heretofore upon the town of Rome. (As amended by chapter 651 of the Laws of 1906.)

§ 135. The said board shall choose some competent person for superintendent of charities, whose duty shall be to administer the charities of the city under its direction. The said board shall recommend to the common council the salary to be paid to such superintendent and the common council shall determine the salary to be paid to the superintendent before his appointment, and when the salary is once fixed it shall not be changed except by the common council upon the recommendation of the board of charity. The superintendent of charities shall hold office during the pleasure of the board of charity.

§ 136. As provided by section one hundred and forty-eight of this act the board of charity shall submit in writing to the common council the estimated expenses of the board for the ensuing year in its work, and the common council shall have power to ratify or modify such estimate and shall set apart as the poor fund the sum thus fixed for the year. The said fund shall be held by the city treasurer as the poor fund and shall be used for no other purpose than for the expenses of said board. The said board shall not expend any sum in addition to the amount authorized by the common council. In case in any year, however, additional funds are required by the board of charity, it shall submit to the common council an estimate of the amount needed and specifying the reasons why the same is required; and if the common council authorize additional funds, the same shall be set apart in the hands of the treasurer to the credit of the poor fund, and the common council is hereby authorized to borrow on the credit of the city such sum as they may deem advisable for said board and to add the same to the next tax levy.

§ 137. The superintendent shall be the executive officer of the board of charity, and shall carry into effect all directions of said board evidenced by a resolution entered upon the minutes thereof. He shall have only such powers as are conferred upon him by resolution entered upon the minutes of the board.

§ 138. All payments from the poor fund shall be paid by warrants drawn upon the city treasurer, signed by the president of said board, the city clerk and the superintendent of charities, stating in every instance the name of the person to whom payable, the amount thereof and what the payment is for, with a reference to the resolution authorizing the same, giving the date thereof. (As amended by chapter 651 of the Laws of 1906.)

§ 139. Nothing in this act contained as to the qualification of city officers shall be construed to prevent the appointment of women as commissioners of charity, and the mayor is hereby em. powered to appoint not more than two women of full age, who are residents of the city of Rome, as commissioners of charity.