whom obtained, or by whom furnished, and the cost of the same. Said report shall be filed with the city clerk.

3. Common council shall audit and pay accounts. All charges and accounts against said city for services rendered, acts done, or means, provisions or supplies furnished under the direc tion of the commissioners of charities of said city under the provisions of this act, or otherwise, 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 claims, accounts and charges shall be audited by the common council and paid from the poor fund of said city by the chamberlain upon the warrant of the mayor, countersigned by the clerk.

§ 4. 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 be interested in any contract for the purchase of such groceries, provisions, medicines, fuel or property; nor shall he receive any commission upon, or for any goods or articles or relief furnished, or on any orders given by him for any such goods, articles or relief. 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.

YONKERS, WESTCHESTER 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.

Section 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 sup port 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 ac

count 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.

§ 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.

SPECIAL STATUTES RELATING TO THE CARE OF THE POOR IN CERTAIN TOWNS OF NEW YORK STATE.

TOWN OF HERKIMER, HERKIMER COUNTY.

AN ACT to secure the better application of funds for the relief of the poor in the town of Herkimer in the county of Herkimer. Chapter 181, Laws of 1883.

Section 1. The supervisor of the town of Herkimer shall, on the first Monday in May next, appoint four freeholders of said town, two of whom shall belong to each of the two political parties casting the largest vote at the last general election in said town, who shall constitute a board of alms of said town, and be known as the "board of alms of the town of Herkimer." The board of alms so appointed shall meet on the second Monday in May in each year at the town room, and by a majority vote appoint a freeholder of said town, to be known as the overseer of the poor of said town, and who shall hold his office for one year. The town clerk shall attend all meetings and keep the minutes of their proceedings, which shall be recorded in the books of record of said town. (As amended by chapter 414 of the Laws of 1895.)

§ 2. At the time of their appointment the said supervisor shall designate one of the persons so appointed by him to hold, and who shall hold his office for one year; another to hold and who shall hold his office for two years; another to hold and who shall hold his office for three years; another to hold and who shall hold his office for four years. The supervisor shall thereafter annually on the first Monday in May at the town room appoint one member of the said board of alms who shall be a freeholder of said town and shall hold his office for four years and until his successor shall be appointed. Vacancies in the office shall be filled for the unexpired term, and shall be from the same political party as the outgoing members. (As amended by chapter 414 of the Laws of 1895.)

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