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§ 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.

Amsterdam, Montgomery County.

(Note.-Commissioner of charities appointed by the mayor for the term of two years at a salary fixed by the common council.) Chapter 242, Laws of 1911.

TITLE VII.

The Department of Charities.

$ 78. Commissioner of Charities. The commissioner of charities shall be the head of the department of charities. He shall keep in books provided for that purpose, permanent records of each person relieved, specifying his name, residence, sex, age, nationality, cause which rendered relief necessary, amount of such relief, person ordered to furnish such relief, together with such other data as is required by law or prescribed by the mayor or common council. Such records shall be filed and preserved and

shall be open for inspection at all reasonable times to any taxpayer of the city. He shall also keep full and accurate accounts and records of all moneys appropriated or expended by him, and of all liabilities incurred on behalf of the city and of all matters pertaining to the execution of his duties. He shall, at the end of each month and at the end of each year, make a report to the mayor and to the common council of all moneys expended by his department and of all such other matters and in such form as may be prescribed by the mayor.

§ 79. Commissioner to be overseer of the poor; general powers and duties. The commnissioner of charities shall be the overseer of the poor of the city and 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, except as otherwise provided for in this act. He shall have power to administer oaths and take affidavits in all matters pertaining to the duties of his office and to elicit statements of fact from applicants for relief. He shall devote his entire time to the performance of his duties. He shall have the same powers within said city in relation to bastardy proceedings as the superintendent of the poor has within the county. He shall have the general management and control of the department of charities of the city and shall be subject to the directions of the mayor and be responsible to him for the performance of his official duties and may be summarily removed from office by the mayor at any time.

§ 80. Employment of physicians. The mayor shall appoint one or more physicians for one year whose duty it shall be to render medical and surgical services and attendance to the city poor and perform such other services relative thereto as the mayor shall direct; the term of office of such physician or physicians shall not, however, extend beyond that of the mayor appointing him. The common council shall fix the salary of said physician or physicians.

§ 81. Bond. The commissioner of charities shall give a bond as required by this act in the penal sum of five thousand dollars.

(Note.

Auburn, Cayuga County.

Commissioner of charities appointed by the mayor
Compensation fixed by board of estimate and

for two years.

control.)

Chapter 185, Laws of 1906.

TITLE VII.

Charities and Police.

Section 68. The commissioner of charities shall possess the powers and execute the duties of overseer of poor in towns, and may appoint a superintendent of charities and such assistants as the board of estimate and control shall prescribe and the common council approve, to aid in the discharge of his duties. The superintendent of charities shall investigate the character, habits, location of residence, condition and necessities of all applicants for assistance and relief, the result of which shall be recorded in a book to be kept for that purpose. He shall hold office during good behavior and shall not be removed by the commissioner of charities until after an opportunity is given him to be heard upon a notice of six days accompanied by a copy of the charges preferred.

§ 69. The commissioner of charities shall adopt uniform rules and regulations by and under which assistance or relief shall be administered and shall prescribe the manner in which orders therefor shall be issued and signed. He shall have the power, when practicable, to furnish temporary employment to indigent persons applying for relief, who are chargeable to the city of Auburn, agree with such person on the compensation to be paid therefor, and pay the same in money. 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.

§ 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.

§ 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.

Batavia, Genesee County.

(Note. Commissioner of charities appointed by common council annually. Salary not to exceed $800.)

Chapter 354, Laws of 1914.

TITLE VIII.

Department of Charities.

Section 115. Powers and duties of commissioner of charities.

116. Applications and orders for relief.

117. Common council to audit accounts.

118. Commissioner not to be interested in purchases.
119. Care of the sick.

120. Monthly report of commissioner.

§ 115. Powers and duties of commissioner of charities. Except as Except as provided by this act, the commissioner of charities of the city of Batavia shall, within the city of Batavia, have and exercise the same powers, discharge the same duties, to the exclusion of any other officer, as the overseer of the poor in a town, and shall be subject to the same obligations and liabilities. It shall be the duty of the commissioner to visit the poor of said 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, or medical attendance. 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 these examinations shall be deemed wilful perjury. For all purposes relative to the maintenance and support of the poor the city of Batavia shall be deemed one of the towns of the county of Genesee. The commissioner shall issue written orders for all meals, lodgings, provisions and supplies furnished to the poor of the city. There shall be furnished for the use of said commissioner office room, furniture and necessary books of account and record, which office shall be open on all week days at such hours as he may designate.

§ 116. Applications and orders for relief. The commissioner shall cause to be prepared blank applications for relief and blank orders, the reasonable expense of which shall be a charge against said city and shall be audited and allowed by the common council, and paid by the treasurer as other city expenses are. Every application for relief shall be made to the commissioner, who shall in all cases make a written order granting relief or denying the same and briefly specifying his reason therefor. Such order shall be in duplicate, one of which shall be delivered to the applicant. The commissioner shall insert in said order, if relief is granted, the person's name as drawee, on whom the applicant desires the order drawn and shall specify the article or articles and the quantity thereof, and such order shall not be transferable. All applications and duplicate orders shall be preserved by the commissioner and shall be open for public inspection and at the end of each month all such applications and duplicate orders shall

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