(4). The mode and manner, and by whom, the successors to the trustee or trustees named in the grant are to be appointed.

(5). Such rules and regulations for the management of the property conveyed as the grantor may elect to prescribe; but such rules shall, unless the grantor otherwise prescribe, be deemed advisory only, and shall not preclude such trustee or trustees from making such changes as new conditions may from time to time require.

(6). The place or places where, and the time when, the building or buildings necessary and proper for the institution shall be erected, and the character and extent thereof. The person making such grant may therein provide for all other things necessary and proper to carry out the purposes thereof, and especially may such person provide for such lectures, exhibitions, instruction or amusement in connection with such institution as he may deem desirable.

3. The trustee or trustees named in such grant and their successors, may in the name of the institution, as designated in such grant, sue and defend, in relation to the trust property and in relation to all matters affecting the institution endowed and established by such grant.

4. The person making such grant, by a provision therein, may elect, in relation to the property conveyed and in relation to the erection, maintenance and management of such institution, to perform, during his life, all the duties and exercise all the powers which, by the terms of the grant, are enjoined upon and vested in the trustee or trustees therein named. If the person making such grant, and making the election aforesaid, be a married person, such person may further provide that if the wife of such person survive him, then such wife, during her life, may, in relation to the property conveyed, and in relation to the erection, maintenance and management of such institution, perform all the duties. and exercise all the powers, which, by the terms of the grant, are enjoined upon and vested in the trustee or trustees therein named, and in all such cases the powers and duties conferred and imposed by such grant upon the trustee or trustees therein named, shall be exercised and performed by the person making such grant, or by his wife during his or her life, as the case may be; provided.

however, that upon the death of such person, or his surviving wife, as the case may be, such powers and duties shall devolve upon and shall be exercised by the trustee or trustees named in the grant and their successors.

5. The person making such grant may therein reserve the right to alter, amend or modify the terms and conditions thereof and the trusts therein created, in respect to any of the maiters mentioned or referred to in paragraphs numbered one to six inclusive of subdivision two hereof; and may also therein reserve the right, during the life of such person, of absolute dominion over the personal property conveyed, without liability to account therefor in any manner whatever, and without any liability over against the estate of such person; and if any such person be married, such person may, in said grant, further provide that if his wife survive him, then such wife, during her life, may have the same dominion over such personal property, without liability to account therefor in any manner whatever, and without liability over against the estate of either of the spouses.

6. Any such grant may be executed, acknowledged and recorded in the same manner as is now provided by law for the execution, acknowledging and recording of grants of real property.

7. No suit, action or proceedings shall be commenced or maintained by any person to set aside, annul or affect said conveyance, or to affect the title to the property conveyed, or the right to the possession, or to the issues and profits thereof, unless the same be commenced within two years after the date of filing such grant for record; nor shall any defense be made to any suit, action or proceeding commenced by the trustee or trustees named in said grant or their successors, privies or persons holding under them, which defense involves the legality of said grant, or affects the title to the property thereby conveyed, or the right to the possession or the issues and profits thereof, unless such defense is made in a suit, action or proceeding commenced within two years after such grant shall have been filed for record.

§ 20. When trust vests in supreme court. On the death of a last surviving or sole surviving trustee of an express

representative, but, if the trust be unexecuted, in the absence of a trust, the trust estate does not pass to his next of kin or personal representative, but, if the trust be executed, in the abssence of a contrary direction on the part of the person creating the same, it vests in the supreme court and shall be executed by some person appointed by the court, whom the court may invest with all or any of the powers and duties of the original trustee or trustees. The beneficiary or beneficiaries of the trust shall have such notice as the court may direct of the application for the appointment of such person; and the person so appointed shall give such security as the court may require, and shall be subject to the same requirements of law as to accounting and as to the administration of the trust as apply to testamentary trustees; and shall be entitled to such compensation for his services by way of commissions as may be fixed by any court which has power to pass upon his final account, which shall in no case exceed that now allowed by law to executors and administrators, besides his just and reasonable expenses in the matter in which he is appointed. (As amended by chapter 217 of the Laws of 1911.)

§ 21. Investment of trust funds. A trustee or other person holding trust funds for investment may invest the same in the same kind of securities as those in which savings banks of this state are by law authorized to invest the money deposited therein, and the income derived therefrom, and in bonds and mortgages on unincumbered real property in this state worth fifty per centum more than the amount loaned thereon. A trustee or other person holding trust funds may require such personal bonds or guaranties of payment to accompany investments as may seem prudent, and all premiums paid on such guaranties may be charged to or paid out of income, providing that such charge or payment be not more than at the rate of one-half of one per centum per annum on the par value of such investments. But no trustee shall purchase securities hereunder from himself.

POOR LAW.

AN ACT in relation to the poor, constituting chapter 42 of the Consolidated Laws.

Chapter 46, Laws of 1909, as amended by chapters 347, 380 and 429, Laws of 1909, chapter 102, Laws of 1910, chapters 75, 306, 309 and 351, Laws of 1912, chapters 251, 594 and 595, Laws of 1913, chapter 135, Laws of 1914, chapters 120, 147, 445 and 563, Laws of 1915, chapters 175, 203, 205, 275, 483 and 532, Laws of 1916; chapters 129, 512 and 570, Laws of 1917. Article 1. Short title; definitions (§§ 1, 2).

2. County superintendents of the poor (§§ 3-14).

3. Overseers of the poor (§§ 20–30).

4. Settlement and place of relief of poor persons (§§ 40-57).

5. Support of bastards (§§ 60-75).

6. Soldiers, sailors and marines (§§ 80-85).

7. State poor (§§ 90-104).

8. Duties of state board of charities; powers of state charities aid association (§§ 115-121).

9. Miscellaneous provisions (§§ 130-148).

10. Laws repealed; when to take effect (§§ 160, 161).

ARTICLE 1.

Short Title; Definitions.

Section 1. Short title.

2. Definitions.

§ 1. Short title. This chapter shall be known as the "Poor Law."

§ 2. Definitions. A " poor person " is one unable to maintain himself, and such person shall be maintained by the town, city, county or state, according to the provisions of this chapter. In counties having but one superintendent of the poor, the term "superintendents" or "superintendents of the poor,” when used in this chapter, means such superintendent; and in towns o cities having but one overseer of the poor, the term overseers" or "overseers of the poor," when used in this chapter, means a town or city overseer of the poor. An "alms-house" is a place where the poor are maintained at the public expense.

The popular meaning of the word "almshouse" is, of course, well understood, but the revisers and the legislature have not confined us to the

popular meaning. They have given to the word a much wider and more comprehensive definition than it has in popular usage. That may properly be termed the statutory definition which is found in the second section of the Poor Law. It is there defined as a place where the poor are maintained at the public expense." It is not necessary that it should be a public building or that there should be but one place. Court of Appeals, May, 1899, The People ex rel. John B. French, as Overseer of the Poor of the City of Ithaca, Respondent, v. James S. Lyke, as Superintendent of the Poor of the County of Tompkins, Appellant, 159 N. Y. 149.

The town poor are such persons as are required by law to be relieved or supported at the expense of the town or city; the county poor are such persons as are required by law to be relieved or supported at the expense of the county; and the state poor are such persons as are required by law to be relieved or supported at the expense of the state.

ARTICLE 2.

County Superintendents of the Poor. '

Section 3. County superintendents of the poor.

4. Appointment of superintendent as keeper of almshouse.

5. When they may direct overseers of the poor to take charge of county poor.

6. Idiots and lunatics.

7. Pestilence in alms-house.

8. Accounts of county treasurer with towns.
9. Annual apportionment of town expenses.

10. Tax levy on towns.

11. Expense of county poor.

12. Superintendents' report to the state board of chari

ties.

13. Supervisors and members of town boards may direct as to temporary or out-door relief to the poor.

14. Penalty for neglect or false report.

§ 3. County superintendents of the poor. The county superintendents of the poor shall :

1. Have the general superintendence and care of poor persons who may be in their respective counties.