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 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 Genesce. 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 be filed with the city clerk. The commissioner shall not name any person on whom any order is to be drawn. A violation of this

provision shall be ground for removal of the commissioner from office by the mayor, after giving him a copy of written charges and an opportunity to be heard at a public meeting. The commissioner of charities shall disburse the funds for the aid of the poor of said city, in the manner provided herein, by orders signed by him and drawn upon the treasurer of the city, and all provisions of this act, relating to the orders of the common council, so far as practicable, shall be applicable to the orders of the commissioner of charities. No disbursement shall be made by the commissioner in behalf of any one family during a year in excess of fifty dollars without the express approval of the mayor indorsed upon the

warrant.

§ 117. Common council to audit accounts. All charges and accounts against said city for services rendered, acts done, or means, provisions or supplies furnished under the direction of the commissioner of charities of said city under the provisions of this act, shall be made out in items, duly verified by the persons entitled to the payment therefor, and presented, with the duplicate order authorizing the same, to the common council at the first regular meeting of said council in each month for auditing bills. The common council shall audit all claims, accounts and charges, and when so audited, the commissioner is authorized to pay and discharge the same by order upon the treasurer, payable out of the charities fund of said city; but no order shall be drawn or payment made by said commissioner for such purpose until the account therefor has been duly audited as aforesaid. Such accounts and charges, with the duplicate order presented therewith, the audit of the common council and the order of the commissioner on the treasurer, shall, within one month after said audit, be filed with the city clerk with the application for relief and the duplicate order previously filed as aforesaid.

§ 118. 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 properties belonging to himself, or in which he shall have an interest or be interested, nor shall he receive any commission upon or for any article or goods or relief furnished or any

orders given by him for any such goods or articles or relief furnished. For any violation of any provision 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.

§ 119. Care of the sick. The commissioner of charities is authorized, subject to the approval of the common council, to annually enter into a contract with the Woman's Hospital Association of Batavia or any other Batavia hospital for the care, surgical and medical treatment in the hospital of such indigent sick and injured of the city who are in need thereof and cannot pay therefor and who may be sent to said hospital on the order of said commissioner of charities, subject to the terms of said contract, the annual expense thereof not to exceed the sum of fifteen hundred dollars. The health officer of the city, or some other competent physician, shall be the city physician, and shall attend such other indigent sick and injured of said city not sent to said hospital and shall be entitled to not more than three hundred dollars per year for such services. Such compensation to be fixed by the common council.

§ 120. Monthly report of commissioner. The commissioner of charities, at the first regular meeting of the common council in each month, shall under oath report in detail to the common council all appropriations, expenditures, temporary relief, medical attendance and allowance made by him as such commissioner during the month preceding, which report shall specify the name and place of abode of each person relieved, the amount of the order, for what and upon whom the order was drawn; said report shall also contain the names and places of abode of all persons to whom meals or lodgings have been furnished, the number of such meals and lodgings, from whom obtained or by whom furnished and the cost of same. Said report shall be filed with the city clerk.