CHAPTER 46 AN ACT to amend chapter twenty-nine of the laws of nineteen hundred and two, entitled "An act to make the office of sheriff of Franklin county a salaried office, in part, and to regulate the management thereof," generally. Became a law February 25, 1925, with the approval of the Governor. Passed, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: ch, 29 Section 1. Chapter twenty-nine of the laws of nineteen hundred L. 1902, and two, entitled "An act to make the office of sheriff of Franklin amended. county a salaried office, in part, and to regulate the management thereof. as amended by chapter twelve of the laws of nineteen hundred and seven, chapter three hundred seventeen of the laws of nineteen hundred eight, chapter six hundred eighty-nine of the laws of nineteen hundred ten, chapter one hundred fifty-six of the laws of nineteen hundred eighteen, chapter twenty-four of the laws of nineteen hundred and twenty-two and chapter four hundred nine of the laws of nineteen hundred twenty-three, is hereby amended to read as follows:1 salary and § 1. The sheriff of the county of Franklin shall receive as com- Annual pensation for all services hereinafter enumerated, an annual salary mainte to be fixed, or which shall have been fixed, by the board of super- nance. visors of such county, and in addition maintenance for himself and family. Such salary shall not be increased or diminished during his term of office. mainte other com § 2. Such salary and maintenance shall constitute the whole com- Salary and pensation which shall be allowed or paid to or received by said nance to be sheriff for all the official services which may be performed as sheriff in lieu of in his attendance upon any and all courts of record held in the pensation; county of Franklin, and for all services performed by him under exception. this act or for the United States of America, the state of New York, or the county of Franklin, or chargeable thereto or which he is or shall be required or authorized by law to perform by virtue of his office as such sheriff; and no compensation, payment or allowance shall be made to him or received by him for his own use for any such services except the aforesaid maintenance and salary and the fees specified in section ten of this act. to belong § 3. All fees, emoluments and perquisites which such sheriff Fees, etc., shall charge or receive, or which he is entitled to receive as a peace to county. officer, or which he shall legally be authorized, required or entitled to charge or receive for conveying prisoners to state or other institutions, and for all other services for the United States of America, the state of New York, or the county of Franklin, for which fees are paid, including the moneys he may receive for the board, custody or care of United States or other prisoners, shall belong to the county of Franklin; and it shall be the duty of said sheriff Sheriff to to exact, collect and receive for said county the full amount county. allowed by law of all such moneys, fees, emoluments and perqui 1 Act amended generally. collect for Exception. sites. This section shall apply to Chinese persons committed to his custody under the Chinese exelusion act. Sheriff to keep books § 4. Such sheriff shall keep in his office in a proper book or books of account. to be provided for that purpose an exact and true account of all the official services performed by him as sheriff, and of all fees and moneys, perquisites and emoluments received or chargeable by him therefor pursuant to law; such book or books shall show when and for whom every such service shall have been performed, its nature, the fees chargeable therefor, and at all times, during office hours, shall be open to the inspection of every person. Sheriff monthly to transmit statement and moneys to county treasurer. Undertak ing of sheriff. Duties. Annual Liability for property. § 5. Such sheriff shall transmit to the treasurer of said county within the first five days of each month a statement, duly verified, of all moneys received by him for fees, perquisites and emoluments for all services rendered by him in his official capacity as herein provided; the verification of such statement shall be by affidavit of said sheriff, that said statement is in all respects full and true as herein required and shall be positive and not on information and belief, and at the same time said sheriff shall pay over to the treasurer of the county of Franklin, for the benefit of said county, the whole amount of the moneys so received by him since making the last preceding report. § 6. Every such sheriff, before entering upon the duties of his office, shall execute to the county of Franklin, and file with the treasurer of said county, an undertaking to said county, in addition to any other required by law, in the sum of five thousand dollars, with two sufficient sureties, to be approved by the county judge of Franklin county, to the effect that he will faithfully perform the duties of his office, and pay over to the treasurer of said county, as herein provided, all moneys 'which shall come into his hands as herein provided. § 7. It shall be the duty of such sheriff to keep and properly care for the jail and court house of said county; preserve all property belonging thereto and situate therein, and he shall be responsible for the custody, maintenance and control of all prisoners and persons detained in said jail. During the first week of January of inventory. each year the county auditor, or in case there be no county auditor then a committee appointed by the board of supervisors, shall take an inventory of all the property of every kind and nature belonging to the county in the possession of the sheriff, and the said sheriff shall be chargeable therewith, and at the end of each year the said sheriff shall account for all the property in the last inventory contained or purchased since the last inventory was taken, and he shall be liable to pay to the county of Franklin, the value of any property which shall be missing and not accounted for, at such time and in such manner as the said county auditor or Janitor for the said committee shall direct. The board of supervisors may court house provide a janitor for the court house and county clerk's office and for attending to the heating of the same, fix his salary and prescribe his other duties. and county Clerk's ollice. Duty of county auditor § 8-a. The county auditor, authorized to act as purchasing agent, so far as practicable, subject to the supervision, control, approval * So in original. [Evidently should be 8. (a)] etc. and direction of the board of supervisors, shall purchase and pro- relative to vide all furniture, implements, material, food and supplies of what-supplies, ever nature for the custody, care and maintenance of the sheriff and his family, under sheriff, matron, cook and prisoners and persons connected with and detained in said jail, and the cost of the same, together with any actual and necessary expenses in providing the same, shall be a county charge, and subject to the same control and direction of the board of supervisors, said county auditor and purchasing agent shall have general supervision of the heating and lighting of the detention house, county clerk's office, court house, jail, armory and other county buildings, and all purchasing and furnishing of materials and supplies therefor, and the offices therein maintained, which are a county charge, of making all neecssary* extraordinary or emergency repairs, to said buildings while the board of supervisors shall be out of session, and shall receive bids. therefor in case they should deem such course necessary and for the economy of the county; and he shall also, subject to the same control and direction, have general supervision of the expenditures of all special appropriations made by the board of supervisors, unless otherwise directed by the board; and shall purchase all materials and supplies for the supervisors and agents and officers of such county which are county charges, including tax assessment rolls, tax collector's receipts, the proceedings of the board of supervisors when published in pamphlet form, and all other printing necessary to be done for the county, and shall contract for telephone service in the several county offices or otherwise, which is a county charge. of supplies (b) It shall be the duty of the sheriff of said county, subject to Purchase the supervision, control, approval and direction of the county for mainte auditor, who is authorized to act as a purchasing agent, to pur- nance. chase and provide, as and when designated by the county auditor, implements, material, food and supplies necessary for the care and maintenance of the sheriff and his family, the under-sheriff and other employees of the sheriff, the persons and prisoners detained within said jail, and the cost of the same and any actual and necessary expenses of the sheriff in providing the same, shall be a county charge and be audited and paid by the county. payment (c) All bills for materials, services and supplies referred to in Audit and subdivisions (a) and (b) of this section shall be presented, audited of bills. and paid, in accordance with the rules and regulations of the county auditor subject to the supervision, control, approval and direction of the board of supervisors of said county. tion and claims. (d) The sheriff, under-sheriff, and county auditor are hereby Verificaauthorized to administer an oath to any person with reference to examinaverifying any claim herein mentioned, and the county auditor is tion of hereby authorized to issue subpoenas requiring the attendance before him of any and all persons, administer an oath to them to the effect that they shall true answers make to all questions touching the legality, merits or correctness of any bill before him. * So in original. [Word misspelled.] Undersheriff, and other offcers and employees. Sheriff en- Sheriff entitled to disbursements. Penalty and liability. Inconsist ent acts. for audit, and he, may examine such witnesses in relation to such bills. § 9. With the approval of the board of supervisors there may be employed at the jail of said county, for the care, custody, maintenance and control of the prisoners and persons detained therein and other necessary services, one officer to be known as undersheriff, and such other officers and employees as the board of supervisors may determine, at salaries to be fixed by the board of supervisors at each annual session, and each of such officers and employees shall be appointed by the sheriff and hold office during his pleasure, and the said sheriff shall be responsible for all their official acts, and the compensation of the sheriff and said persons shall be paid monthly by the county of Franklin. § 10. In addition to the salary specified in section one of this act, the sheriff is authorized and entitled to charge, take and receive the fees now allowed to sheriffs by law in civil causes and proceedings, and paid by litigants or individuals as and for his compensation for services and disbursements rendered therein, and his liabilities thereunder, and for the services of the under-sheriff, deputies and other employees of his office in such cases and proceedings. But this section shall not permit said sheriff to retain to his own use any moneys paid for the care and custody and board of Chinese persons held under the Chinese exclusion law. § 11. The said sheriff shall also be allowed and entitled to receive the necessary and actual disbursements incurred by him in the discharge of the duties required by this act, which said disbursements shall be audited and allowed by the county auditor and paid monthly by the county. § 12. Any officer referred to in this act who shall receive to his own use, or for the use of another, any fee, perquisite or emolument contrary to the provisions of this act, or shall neglect to account for any such fee, perquisite or emolument by this act declared to belong to the county of Franklin, shall be guilty of a misdemeanor, and be liable to said county in a civil action for any moneys so received, or received for the use of said county, and not accounted for and paid to the treasurer pursuant to the foregoing requirements. § 13. All acts or parts of acts inconsistent with this act are hereby repealed. § 14. This act shall take effect immediately. CHAPTER 47 AN ACT making an appropriation for equipment, supplies, books, furniture and personal service for the office of the supreme court reporter, recently destroyed by fire. Became a law February 26, 1925, with the approval of the Governor. Passed, three-fifths being present, The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. The sum of twelve thousand dollars ($12,000), or so much thereof as may be necessary, is hereby appropriated out of any moneys in the state treasury not otherwise appropriated, for the purchase and installation of furniture, equipment, supplies and books for the office of the supreme court reporter, and personal service in such office in restoring records, such office and contents having recently been injured or destroyed by fire. The moneys hereby appropriated shall be paid out by the state treasurer on the warrant of the state comptroller, on the order of the supreme court reporter. § 2. This act shall take effect immediately. CHAPTER 48 AN ACT making an appropriation for equipment, supplies, furniture, and for removing and drying out water-soaked records and books of account for the office of the liquidation bureau, superintendent of insurance, recently destroyed by fire. Became a law February 26, 1925, with the approval of the Governor. Passed, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. The sum of nine thousand three hundred dollars ($9,300.00), or so much thereof as may be necessary, is hereby appropriated out of any moneys in the state treasury not otherwise appropriated, for the purchase and installation of furniture, equipment and supplies and for the expenses of removal and drying out of water-soaked records and books of account, in the office of the liquidation bureau, superintendent of insurance, such office and contents having recently been injured or destroyed by fire. The moneys hereby appropriated shall be paid out by the state treasurer on the warrant of the state comptroller, on the order of the superintendent of insurance. § 2. This act shall take effect immediately. CHAPTER 49 AN ACT to amend the military law, in relation to the naval militia, Became a law February 27, 1925, with the approval of the Governor. Passed, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: ch. 41, Section 1. Section fifty-eight of chapter forty-one of the laws L. 1909, of nineteen hundred and nine, entitled "An act in relation to § 58 the militia, constituting chapter thirty-six of the consolidated amended. laws," as last amended by chapter five hundred and fifty-eight of the laws of nineteen hundred and twenty-four,' is hereby amended to read as follows: 1 Previously amended by L. 1916, chs. 538, 565. |