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 cmpowered to appoint not more than two women of full age, who are residents of the city of Rome, as commissioners of charity.

§ 140. The said board shall have power to appoint a competent physician, or physicians, whose duties shall be under the direc tion 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, or physicians, and upon the determination of the salary the said board shall be authorized to select a city physician or physicians who shall hold office during the pleasure of the board. The health officer shall not be eligible for the office of city physician.

SCHENECTADY, SCHENECTADY COUNTY.

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

Chapter 473, Laws of 1906.

ARTICLE X.

DEPARTMENT OF CHARITIES.

Section 170. Commissioner; deputy; overseer of poor.

171. Powers and duties of commissioner.

172. Powers and duties of overseer.

173. City owner of supplies.

Section 170. Commissioner; deputy; overseer of poor.- The commissioner of charities may appoint, to hold office during his pleasure, a deputy, overseer of the poor, and such other subordinates as may be prescribed by the board of estimate and apportionment. In case of the absence or disability of the commissioner or of a vacancy in the office, the deputy shall discharge the duties of the office until the commissioner returns, his disability ceases or the vacancy is filled. The commissioner, deputy and overseer of the poor, 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.

171. 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 guardianship, 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 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 VOL. III-26

be applied and expended by the said commissioner for the pur pose 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.

§ 172. Powers and duties of overseer. The overseer of the poor, subject to the regulations and supervision of the commissioner, shall possess all the power and authority of overseers of the poor in the several towns of the county in which the city is situated, and be subject to the same duties, obligations and liabilities. The overseer and his assistants shall have the power to examine under oath any person applying for relief.

§ 173. City owner of supplies. The city shall continue to be the owner of supplies furnished to any poor person or applicant for relief 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 liquors or in any way dispose of the same other than in the manner directed, such conduct shall be deemed a misdemeanor.

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

SYRACUSE, ONONDAGA COUNTY.

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

Chapter 473, Laws of 1906.

ARTICLE X.

DEPARTMENT OF CHARITIES.

Section 170. Commissioner; deputy; overseer of poor.

171. Powers and duties of commissioner.

172. Powers and duties of overseer.

173. City owner of supplies.

The

Section 170. Commissioner; deputy; overseer of poor. commissioner of charities may appoint, to hold office during his pleasure, a deputy, overseer of the poor, and such other subordinates as may be prescribed by the board of estimate and apportionment. In case of the absence or disability of the commissioner or of a vacancy in the office, the deputy shall discharge the duties of the office until the commissioner returns, his disability ceases or the vacancy is filled. The commissioner, deputy and overseer of the poor, 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.

§ 171. 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 guardianship, 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 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 state ment in detail of all receipts and expenditures, including the aid and relief granted by him, with the names and addresses of all recipients.

§ 172. Powers and duties of overseer.- The overseer of the poor, subject to the regulations and supervision of the commissioner, shall possess all the power and authority of overseers of the poor in the several towns of the county in which the city is situated, and be subject to the same duties, obligations and liabilities. The overseer and his assistants shall have the power to examine under oath any person applying for relief.

§ 173. City owner of supplies. The city shall continue to be the owner of supplies furnished to any poor person or applicant for relief 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 liquors or in any way dispose of the same other than in the manner directed, such conduct shall be deemed a misdemeanor.

$174. Liability of city.- Nothing contained in this act shall be deemed to make the city liable for the support or relief of any poor person when it is not otherwise so liable.

TONAWANDA, ERIE COUNTY.

(Note.- Commissioner of charities appointed by the mayor for a term of two years at a salary of $500.)

Chapter 357, Laws of 1905.

TITLE XII.

COMMISSIONER OF PUBLIC CHARITIES.

Section 1. Qualifications.

2. Powers and duties.