elected in the city of Newburgh shall expire, their successors shall be nominated and elected by the electors of the city, at the annual election, in the same manner as other city officers, chosen by the people, are elected. All powers given by law to the police justice in the town of Newburgh in relation to commitment to the custody of the keeper of the city and town home are hereby given to the recorder of the city of Newburgh in all cases arising in said city, and to each of the justices of the peace of the town of Newburgh in all cases arising in said town. Whenever any money shall be borrowed by the commissioners of the city and town home in pursuance of the provisions of said act, the city of Newburgh and the town of Newburgh shall be jointly liable therefor. The annual report required by the said act to be made by the said commissioners shall hereafter be made in duplicate, one of which shall be filed in the office of the town clerk of the town of Newburgh, and the other shall be filed in the office of the city clerk of the city of Newburgh, and said reports shall be open for inspection at reasonable hours by the qualified electors of the city and town of Newburgh.

§ 186. The said commissioners shall also, on the first day of November in each year, make a written estimate to be signed by them, of the amount of money which in their judgment will be required for the support of the poor of said city and town for the next following year; and shall deliver such estimate to any supervisor of any of the wards of the city of Newburgh, or to the supervisor of the town of Newburgh, and the supervisor receiving such estimate shall lay the same before the board of supervisors of the county of Orange at its next annual meeting, which shall apportion the amount between the city of Newburgh and the town of Newburgh, in proportion to the amount of taxable property in each, respectively; and shall cause the sum so apportioned to the city of Newburgh to be levied and collected on said city, and the sum so apportioned to the town of Newburgh to be levied and collected on said town, in the same manner as the other taxes are levied and collected; the said board of supervisors shall also by its warrant direct and require the collector of said city of Newburgh and the collector of said town of Newburgh, respectively, to pay the said money when collected to the said commissioners, who shall apply the same to the relief and support of the poor in the manner directed by law.

New Rochelle, Westchester County.

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

Chapter 559, Laws of 1910.

ARTICLE XXVIII.

Department of Charities.

Section 401. Commissioner of charities.

402. Powers and duties.

403. City ownership of supplies.
404. Liability of city.

§ 401.Commissioner of charities. The commissioner of charities who is in office when this act takes effect shall be the commissioner of charities until the expiration of his term of office and until his successor is appointed and qualifies. His salary shall be fixed by the board of estimate and apportionment. Before enter ing upon the discharge of the duties of his office, the commissioner shall execute and file with the city clerk an official undertaking in such penal sum as may be prescribed by the board of estimate and apportionment.

§ 402. Powers and duties. The commissioner shall have the supervision of the expenditure of the money of the city appropriated for the relief of the poor. He shall have control of the charities of the city. He shall investigate all applications for relief, and may examine any applicant under oath. He shall investigate the condition of anyone who is or is likely to become a public charge. He shall institute and prosecute all actions and proceedings authorized by law to compel those liable therefor to contribute to the care and support of any such destitute or dependent persons, and to indemnify the city for or against any expenditures on account thereof. He shall prosecute all bonds, undertakings or recognizances given for any of the purposes herein mentioned. All moneys recovered in any proceeding, or otherwise received by the commissioner, except budget appropriations, for the purposes herein specified shall be deposited with the city

treasurer as a trust fund, and shall be applied by the commis sioner for the respective purposes as may be necessary. Any unexpended balance of any such trust shall be paid into the sinking fund. The commissioner shall file with the comptroller a monthly statement in detail of all receipts and expenditures, with the names and addresses of all recipients. The commissioner may certify charitable cases to the New Rochelle Hospital under the provisions of section sixty-nine of this act. The commissioner shall have such other powers and duties as may be prescribed by

law.

§ 403. City ownership of supplies. The city shall be the owner of supplies furnished to any applicant for relief until the same are consumed. If any person sells or exchanges any supplies so furnished for money or intoxicating liquors or disposes of the same in any way other than that directed he shall be guilty of a misdemeanor.

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

New York City.

(Note. Commissioner of charities appointed by the mayor for a term of four years at an annual salary of $7,500.)

Chapter 378, Laws of 1897, as Amended by Chapter 466, Laws of 1901.

CHAPTER XIII

TITLE 1.

Department of Public Charities.

§ 658. Commissioner of public charities; jurisdic. tion; salary. The head of the department of public charities shall be called the commissioner of public charities. The terms of office of the members of the board of public charities, except the president thereof, appointed pursuant to the provisions of the Greater New York charter shall cease and determine on the first day of January, nineteen hundred and two, and the president of the said board of public charities shall thereupon become the

commissioner of public charities. The salary of the commissioner of public charities shall be seven thousand five hundred dollars a year. The principal office of the department shall be in the borough of Manhattan. There may be a branch office in each of the other boroughs.

§ 659. Rules and regulations; subordinate officers. The said commissioner shall have power to establish general rules and regulations for the administration of the department and the government of the institutions under its jurisdiction except the institutions specified in section six hundred and sixty-one of this act and except as provided in title two of this chapter, and such general rules and regulations shall be so far as practicable uniform in all the boroughs. The commissioner shall have power to appoint and in his discretion to remove not more than three deputies, to be known as first deputy, second deputy, and third deputy, and shall define their duties. The first deputy shall during the absence or disability of the commissioner possess all the powers and perform all the duties of the commissioner except the power of making appointments. In the absence or disability of both the commissioner and the first deputy, the second deputy shall possess all the powers and perform all the duties of the commissioner, except the power of making appointments. In the absence or disability of the commissioner and the first and second deputies, the third deputy shall possess all the powers and perform all the duties of the commissioner, except the power of making appointments. The commissioner, within the limits of his appropriation, shall have power to appoint and remove subject to the requirements of the civil service laws such subordinate officers and assistants as may be necessary for the efficient performance of his duties as said commissioner. (As amended by chapter 330 of the Laws of 1910.)

§ 660. Public institutions under the jurisdiction of the commissioner. The commissioner shall have jurisdiction over, and it shall be his duty to take charge of and to establish and enforce rules and regulations for all hospitals, asylums, almshouses and other institutions belonging to or hereafter acquired or established by the city of New York, which are or shall be devoted to the VOL. 3-11

care of the feeble-minded, the sick, the infirm and the destitute; except the island known as Ward's Island and the buildings and improvements thereon, and the equipment, fixtures and furniture of the asylums for the insane on said island during the continuance of the lease thereof heretofore made by the city of New York to the State of New York, and except the hospitals specified in title two of this chapter and such other institutions as are by law placed under the charge of some other department or board. Such buildings and grounds on Blackwell's Island as are now used for the care of the insane pursuant to the provisions of chapter two of the laws of eighteen hundred and ninety-six shall, when the insane shall have been removed therefrom, and the buildings and grounds, together with the equipments, fixtures and furniture of the buildings now leased to the state by the county of Kings for the care of the insane, when said lease expires, shall be under the jurisdiction of the commissioner of public charities.

§ 661. Payments to private institutions. No payment shall be made by the city of New York to any charitable, eleemosynary or reformatory institution wholly or partly under private control, for the care, support, secular education, or maintenance of any child surrendered to such institution, or committed to, received or retained therein in accordance with sections six hundred and sixty-four, six hundred and sixty-five, six hundred and sixtysix and six hundred and sixty-seven of this act, except upon the certificate of the commissioner of public charities that such child has been received and is retained by such institution pursuant to the rules and regulations established by the state board of charities. Moneys paid by The City of New York to any such institution for the care, support, secular education or maintenance of its inmates shall not be expended for any other purpose. Whenever the commissioner shall decide, after reasonable notice to the institution and a hearing, that any such child as aforesaid who is received and retained in such institution is not a proper charge against the public, and notice of such decision in writing is given by him to such institution, thereupon all right on the part of said institution to receive compensation from the city for the further retention of the child shall cease. He shall file in the office of the department a