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as the same is applicable and not inconsistent with this act. It shall be the duty of the commissioner to visit the poor of the city at their several places of abode and examine into their circumstances, and ascertain to what extent they are or may be in need and entitled to permanent or temporary relief. The said commissioners shall require all persons making application for relief to make such application in writing, which shall be preserved by said commissioner, and at the end of each month all such applications made during the month shall be filed with the city clerk. The commissioner of charities shall have power to administer oaths to and examine under oath any person applying to him for relief, and false swearing during such examination shall be deemed wilful perjury. The commissioner shall issue written orders for all means, provisions, and supplies furnished to the poor of the city. He shall not employ any physician. The city shall continue 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 shall be furnished shall sell or exchange the same for money, or intoxicating liquor, or in any way dispose of the same other than in the manner directed, such conduct shall be deemed a misdemeanor.

§ 3. Monthly reports. The commissioner 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, the quality, quantity, and price per pound, or otherwise, as the case may be, of each article ordered or furnished, and from whom obtained; said 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 or lodgings, from whom obtained, or by whom furnished, and the cost of the same. Said reports shall be filed with the city clerk.

§ 4. Accounts to be audited. All charges and accounts against said city for services rendered, acts done, or means, provisions, medicines or supplies furnished under the direction of the

commissioner of charities of said city under the provisions of this act, or otherwise, shall be audited by the common council, and paid from the poor fund of said city.

§ 5. No profit from supplies. The commissioner of charities 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 an interest or be interested, nor shall he be interested in any contract for such purchase of groceries, provisions, medicines, fuel or property; nor shall he receive any commissions upon or for any goods or articles of relief furnished, or on any orders given by him for any such goods, articles or relief. For any violations of any provisions of this section said commissioner shall be removed from office by the mayor, and he shall forfeit to said city a penalty of one hundred dollars for every such violation.

(Note.

Troy, Rensselaer County.

Commissioner of charities appointed by the mayor for a term of two years. Salary fixed by board of estimate and apportionment.)

Troy is a city of the second class and comes within the provisions of chapter 53 of the Consolidated Laws, for which see p. 261 with relation to city of Albany.

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Utica, Oneida County.

(Note. Commissioner of charities appointed by the mayor for the term of two years. Salary fixed by board of estimate and ap portionment.)

Utica is a city of the second class and comes within the provisions of chapter 53 of the Consolidated Laws, for which see p. 261 with relation to city of Albany.

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Watertown, Jefferson County.

(Note. Five commissioners of charity appointed by the mayor for a term of five years. Compensation fixed by common council.)

Chapter 760, Laws of 1897.

TITLE XI.

The Board of Charity.

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

§ 166. The board of charity shall have all the powers and perform all the duties within said city which are now possessed an performed by the overseers of the poor of the towns or by supervisors acting as overseers of the poor of the towns in the county of Jefferson, as provided by chapter eight hundred and seventeen of the laws of eighteen hundred and seventy-three, entitled "An act to provide for the support of the poor in the city of Jefferson" and the several acts amendatory thereof, and by the general laws of the state, except as herein otherwise provided.

§ 167. 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.

$ 168. As provided by section one hundred and seventy-seven 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.

§ 169. 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.

§ 170. All payments from the charity fund shall be made 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.

§ 171. 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 empowered to appoint not more than two women of full age, who are residents of the city of Watertown, as commissioners of charity.

§ 172. The said board shall have power to appoint some competent physician whose duties shall be, under the direction of the board of charity, to give medical attendance to the poor of the city and to perform such duties as the board of charity may prescribe. The said board shall recommend to the common council the salary to be paid to such city physician, and upon the determination of the salary the said board shall be authorized to select a city physi cian who shall hold office during the pleasure of the board. Nothing in this act shall be construed to prevent the "health officer" of the city from being appointed city physician by the said board.

Watervliet, Albany County.

(Note. -Commissioner of charities appointed by mayor and common council for a term of two years at a salary of $600.)

Chapter 184, Laws of 1911.

ARTICLE X.

Department of Charities.

Section 145. Commissioner; overseer of poor.
146. Powers and duties of commissioner.
147. Powers and duties of overseer.*
148. City owner of supplies.

149. Liability of city.

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Section 145. Commissioner; overseer of poor. The commissioner of charities shall be the overseer of the poor. In case of the absence or disability of the commissioner or of a vacancy the office, the mayor may appoint a deputy who shall discharge the duties of the office until the commissioner returns, his disability ceases or the vacancy is filled. The commissioner and deputy, before entering upon the discharge of the duties of their respective offices, shall each execute and file with the city clerk an official undertaking in such penal sum as may be prescribed by the

common council.

§ 146. Powers and duties of commissioner. The commissioner of charities shall have the general care, management, administration and supervision of the charities, almshouses, hospitals, houses of correction, orphan asylums and all other similar institutions, the control or government of which belongs or is intrusted to the city. He shall make regulations for the expenditure of the moneys appropriated for the support or relief of the poor and for the general supervision of such expenditures. He shall investigate fully the circumstances of all persons alleged to be destitute or without proper means of support, or without proper guardian. ship, or who are in danger of becoming or are a public burden in any respect; and also the circumstances of their relatives or other persons whose duty it is to relieve or maintain them or contribute

So in original.

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