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. § 70. All commitments to the county poorhouse, or to the state lunatic asylum, and all proceedings in relation to father or mother deserting or absconding from their children, or husband from his wife, leaving any of them chargeable or likely to become chargeable upon the public for support, in the cases provided by law, shall be instituted, made and issued in the name of the commissioner of charities of the city of Auburn. All proceedings in bastardy cases shall be instituted by and in the name of said commissioner of charities before either the city judge or recorder, who shall have and possess all the powers and jurisdiction of a justice of the peace in such cases. Upon the return of the process, the officer issuing the same shall immediately call to his aid the other of said officials, or in case of his absence or inability to act, then the justice of the peace, whereupon they shall proceed to dispose of the case in the manner provided by law. 8 71. On and after the date this act takes effect all charges, claims and demands heretofore by any statute of this state or otherwise made charges against the town of Auburn, shall be city charges and be presented, audited and paid in accordance with the provisions of this act for claims against the city of Auburn; and the town board of the town of Auburn shall not meet for the purpose of auditing accounts or allowing or rejecting charges, claims and demands. § 72. On or before the first day of September in each year, the commissioner of charities shall submit to the common council, an annual report of the affairs of his department. BINGHAMTON, BROOME COUNTY. (Note.-Commissioner of charities elected for a term of two years. Salary fixed by board of estimate and apportionment.) Chapter 751, Laws of 1907. TITLE XI. DEPARTMENT OF CHARITIES. Section 297. Commissioner of charities; clerk. 299. Powers and duties of commissioner. 303. City owner of supplies. § 297. Commissioner of charities; clerk.-The charities department shall be under the control and management of a commissioner of charities, to be elected as in this act provided. He may, when authorized by the board of estimate and apportionment, appoint a clerk, to hold office during his pleasure. 298. Bond of commissioner.-Before entering upon the performance of his duties, the commissioner shall give a bond to the city, in such amount as the common council shall prescribe, with sureties, to be approved by the mayor, and conditioned for the faithful performance of his duties and the full accounting to the city for all moneys or property which shall come into his hands as such commissioner. 299. Powers and duties of commissioner.-The commissioner of charities shall have the general care, management, administration and supervision of the charities, almshouses, 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, with the approval of the board of estimate and apportionment, 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 guardianship or who are in danger of becoming or are a public burden upon said city; and also the circumstances of their relatives or other persons whose duty it is to relieve or maintain them or contribute to their support; also to institute and prosecute any and all actions and proceedings authorized by law to compel any and all persons liable for the care, maintenance, education or support of any such destitute or dependent persons to contribute thereto, and to indemnify the city and public against any expenditures on account, thereof. He shall also prosecute any and all bonds, undertakings or recognizances given for any of the purposes herein mentioned or in any manner relating thereto. Any and all moneys recovered in any such suit, action or proceeding or otherwise paid to or received by the said commissioner on account of the care, maintenance, relief, education or support of any such persons, shall be deposited by the commissioner with the city treasurer as a trust fund, and the same shall be applied and expended by the said commissioner for the purpose on account of which the same were paid. Any surplus remaining in said fund at the close of the fiscal year shall be treated as an unexpended balance of money appropriated for such department. The commissioner shall furnish to and file with the comptroller a monthly statement in detail of all receipts and expenditures, including the aid and relief granted by him, with the names and addresses of all recipients. He shall possess all the power and authority of overseers of the poor in the several towns of the county of Broome, and be subject to the same duties, obligations and liabilities. He shall have the power to examine, under oath, any person applying for relief. $ 300. Orders for relief to be in writing.-All orders for relief of a poor person, issued by the commissioner, shall be in writing, and any order for such relief, any part of which is paid, directly or indirectly, in spirituous or fermented liquors, shall be void and uncollectible. § 301. Cash relief; temporary employment.- In cases where, in the opinion of the commissioner, cash relief should be extended to a poor applicant, he may, with the approval of the mayor, extend such cash relief to an amount not exceeding five dollars in any one case. He may, also, when practicable, with the approval of the mayor, furnish temporary employment to indigent persons applying for relief, who are chargeable to the city of Binghamton, agree with such person on the compensation to be paid therefor, and the same shall be paid in money. 302. Audit of claims.-All claims against the city, on account of any poor relief, authorized by the commissioner of charities, shall be presented to the comptroller, accompanied by the written order of the commissioner, and shall be audited and paid in the same manner as other claims are audited and paid under the provisions of this act. 303. City owner of supplies. 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 them for money or intoxicating liquor, or in any way dispose thereof, other than in the manner directed, he shall be guilty of a misdemeanor. BUFFALO, ERIE COUNTY. (Note. Overseer of the poor elected for a term of four years at a salary fixed by the common council.) Chapter 105, Laws of 1891. TITLE XIII. DEPARTMENT OF POOR. 349. There shall be a department of poor, of which the overseer of the poor shall be the head. He shall be elected as provided by this act, and shall hold office for the term of four years. (As amended by chapter 805 of the Laws of 1895.) 350. The overseer shall have charge and control of all expenditures of money by the city for the relief of the poor. § 351. The overseer shall appoint and may at pleasure remove such subordinates as the common council may by ordinance pro vide for, and the salaries of such subordinates shall be fixed by ordinance of the common council. § 352. The overseer shall keep full records of all applications for city aid or relief, in suitable books to be provided for that pur pose, and to be properly tabulated and indexed. He shall grant no aid or relief until after a strict investigation, made as hereinafter provided, except in case the overseer is satisfied that life or health will be endangered by any delay, and in that event aid must be furnished immediately, and the investigation made within twenty-four hours. The police department, on the requisition of the overseer, shall detail not less than two nor more than four special policemen in each year, for conducting such investigation, and other services in the department of poor, and the expenses of such police investigators, including necessary car fares and stationery, shall be expenses of the department of police, and estimated and defrayed as such. The police investigators shall be chosen with regard to their special fitness for such work. In all cases of application for aid or relief, the police investigators shall, under the direction of the overseer, 'immediately investigate and report with recommendation to the overseer and to the superintendent of police. It shall be the duty of the overseer to ascertain in each case whether such applicant will become a per manent charge upon the city, and, if so, to certify the same in the proper book of records, whereupon the necessary steps shall be taken by him to cause such applicant to be placed in the proper abode provided by law. The primary investigations in cases requiring hospital aid or treatment may be made by a city physician, in place of a police investigator, and his report shall be sufficient. The overseer may make such further personal examination in any case as he deems expedient, and may, in his discretion, refuse assistance in any case. The overseer may grant assistance, except hospital treatment, to persons contrary to the report of the investigating officer but in all such cases he shall enter fully in his records his reasons for so doing. No person shall receive assistance continuously for more than six months succeeding the report of an investigating officer, without a reinvestigation and new report made in like manner as is hereinbefore provided. |