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nished by order of the health officer shall be made out in items duly verified by the persons entitled to the payment therefor and presented to the common council at the first regular meeting of said council in each month for all claims and demands incurred or which may have accrued during the preceding month; all such accounts, claims and charges shall, if approved, be audited by the common council and paid from the poor fund of said city.

§ 174. Commissioner not to be interested in purchases.— 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 receive any commission upon or for any goods or articles of relief furnished or on any orders given by him for any such goods or articles or relief furnished. For any violation 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. Provided, however, that before such commissioner shall be removed he shall have a full opportunity to appear before the mayor in person or by counsel as he may elect and to disprove said charges, and he shall be permitted to have and call such witnesses in his defense as may be reasonable and proper.

§ 175. Penalties.-Any person to whom relief shall be furnished by the commissioner of charities, the board of health or the health officer, who shall sell or exchange any article or property so furnished for intoxicating liquor or for money shall be guilty of a misdemeanor, and any person who shall exchange intoxicating liquor for any article so furnished as relief or charity, knowing the same to have been thus furnished to such person as a poor person, shall be guilty of a misdemeanor.

§ 176. Liquor not to be sold to city poor.-Any person who shall either directly sell or give away to any person who is wholly or partially a charge upon the department of charities of the city any intoxicating liquor shall forfeit a penalty of one hundred dollars for each offense, to be used for and recovered by the city for the benefit of the poor fund, and in addition thereto shall be guilty of a misdemeanor.

LITTLE FALLS, HERKIMER COUNTY.

(Note.-Commissioners of charities, except the mayor, who is a member ex officio, appointed by the mayor and common council for a term of four years. No compensation.)

Chapter 565, Laws of 1895.

ARTICLE VII.

THE CITY BOARD OF CHARITIES.

Section 130. Organization and procedure of the city board of

charities.

131. Rules and regulations of the city board of charities. 132. General powers and duties of the city board of charities; overseer of the poor.

133. Audit and expenditures by city board of charities; payments from poor funds.

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Section 130. Organization and procedure of the city board of charities. The mayor of the city shall be president of the city board of charities, but shall have no vote as a member thereof. Said board of charities shall elect one of its members to be its vice-president, who shall be the presiding officer of the board in the absence of the mayor. Three members of the board shall constitute a quorum, but no action of the board shall be taken except by the concurring votes of at least three members of the board. The board shall cause to be kept by its clerk a journal of the proceedings, full and accurate accounts and records of all moneys appropriated, expended or audited by it, all officers appointed, suspended or removed by it, of all liabilities incurred by it in behalf of the city and of all matters pertaining to the execution. of the duties of the board.

§ 131. Rules and regulations of the city board of charities.The city board of charities may make rules and regulations, not inconsistent with law, for the conduct of its business and of the business of the overseer of poor, and for the performance of all work authorized to be undertaken by it.

§ 132. General powers and duties of the city board of charities; overseer of the poor. The city board of charities shall have the

general management and control of the poor department of the city. The board may secure, by renting, suitable grounds and buildings for the use of the poor department for a term not exceeding three years, and may purchase supplies for the relief of the poor for a term not exceeding one year. Said board shall also appoint at an annual salary to be fixed by it, not exceeding five hundred dollars a year, a competent practicing physician for each fiscal year, whose duty it shall be to render medical and surgical services and attendance to the city poor and perform such other services as said board shall direct. Said board may authorize the temporary care, maintenance and treatment of any sick or injured person at any hospital within the city and audit and allow the expense thereof; and if the maintenance of such sick or injured person, would as a poor person be chargeable to any other city, town or county or to the state, under general laws, the expense of such temporary care, maintenance and treatment shall be repaid to the city by such other city, town or county or by the state, as the case may be, in the manner provided by general laws. Otherwise than is in this act provided. said city shall be deemed to be a town within all the provisions of general laws relating to the poor; and the overseer of the poor of the city shall have the same power and authority, and be subject to the same duties and liabilities as if said city were a town, and he were the overseer of the poor thereof. The overseer of the poor shall have power to administer oaths and take affidavits in all matters pertaining to the duties of his office, and to elicit statements of facts from applicants for relief.

§ 133. Audit of expenditures by city board of charities; payments from poor fund.- Payments of money by the overseer of the poor, to or for the support of the poor, shall be made by warrant on the treasurer, signed by the overseer of the poor, specifying that it is payable from the poor fund. The salary of the overseer of the poor and all orders for supplies issued by the overseer of the poor, and expenditures for supplies made or incurred by the city board of charities shall be audited by the board and shall be paid by the treasurer, upon a warrant signed by the vice-president of the board and countersigned by the clerk thereof, specifying that it is payable from the poor fund. (As amended by chapter 199 of the Laws of 1898.)

LOCKPORT. NIAGARA COUNTY.

(Note. Overseer of the poor elected for the term of one year,

Salary $600.)

Chapter 120, Laws of 1886.

TITLE V.

§ 61. The overseer of the poor shall, before entering upon the duties of his office give a bond to the said city of Lockport, in such penal sum as may be fixed by the common council, not less than four thousand dollars, and the common council may at any time when it shall deem the best interests of the city require it, by a written notice to be served on said overseer of the poor, require him within a time named in said notice, not less than ten days after service of the same, to give such further and additional bond or bonds to said city in such penal sum or sums, and with such sureties and conditions as the common council may deem necessary to protect the interests of the city, and thereupon said overseer of the poor shall within the time so limited give such additional bond or bonds. For all services under this act such overseer of the poor shall be entitled to receive a salary of six hundred dollars per annum, payable from the poor fund, monthly, by order on the city treasurer. Said overseer shall keep his office at such place as the common council may direct. (As amended by chapter 571 of the Laws of 1887.)

§ 62. It shall be the duty of the overseer of the poor personally to investigate the character, habits, location of residence, conditions and necessities of all applicants for assistance and relief, the results of which shall be recorded in a proper book to be kept for that purpose. He shall not allow or pay any bill, account or claim for supplies furnished by any dealer, merchant or other person, unless the claimant, his agent or legal representative annex thereto an affidavit of such claimant, agent or representative, stating that the bill or account is just and correct, that the items charged therein and specified in each accompanying order for supplies or relief have been in fact and good faith furnished by the claimant to the person named in the order and to no other person, and that no part thereof has been paid or satisfied, and

that there are no offsets thereto; nor for compensation, expenses or services, unless the affidavit shall state that the account is just and correct and that no part thereof has been paid or satisfied, and there are no offsets thereto. He shall take up and preserve all orders, bills, accounts and vouchers of his expenditures and payments, and exhibit the same with his books and files to the common council whenever directed so to do. He shall report to the common council at its first meetings in January, April, July, and October, in each year, a detailed statement of all his receipts and disbursements for the three months next preceding that in which such report is made, showing the money on hand at the beginning and end of the quarter, and date and amount of each order or payment for temporary relief, and the person to whom made or given, and all his other disbursements in like detail. Said report shall be verified by his oath taken before some proper officer, that the same is, and the items thereof are, correct to the best of his knowledge and belief. If said report is not sufficiently explicit the common council may call for a further report, which the overseer shall immediately furnish. Except as herein otherwise provided, said overseer shall have the same powers and duties, liabilities and responsibilities, as overseers of the poor in the towns of Niagara county, in all matters pertaining to the maintenance and support of the poor in said city, and as to those matters the city shall be regarded as a town of said county. Upon receiving said report the common council shall refer it to some proper committee, which shall proceed without delay to carefully investigate and examine said report and the vouchers thereof, and the books of said overseer; and for that purpose the committee shall have power to send for persons or papers, and examine said overseer and any other person or persons, under oath, in respect to any matter or thing in the premises. Such committee shall report to the common council, favorably or adversely, in whole or in part, with its reasons and recommendations, and the common council shall thereupon proceed to consider and audit the account of said overseer, and shall have all the powers, duties and responsibilities of a board of town auditors in the premises. The affidavits anLexed to said overseer's report, or to any of said bills, accounts or

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