TITLE 1 [TITLE 22.-Of an investigation into the origin of fires in certain cases.] [TITLE 23. Of frauds in the sale of tickets to passengers upon railroads, steamboats and steamships.] [613] [TITLE 24.—Of the regulation of the business of purchasing rags, rope and metals in the city of Albany.] [TITLE 25. Of the State Woman's hospital. [TITLE 26. [TITLE 27. Of buildings in the city of New York and party walls in the cities of New York and Brooklyn ] Of the Metropolitan police district and the government thereof.] TITLE I. Of the Relief and Support of Indigent Persons. Bac. 1. Certain relatives of a pauper being able, bound to support him. 2. Upon their failure, overseers to apply to general sessions; previous notice, &c. 3. Court to determine which relatives shall support pauper, and the sum to be paid; 4. And how to contribute in proportion to ability. 5. Order may be for certain time, or indefinite, and may be varied. 6. Costs; payment of and obedience to order, how enforced. 7. Relatives disobeying order, liable to action by overseers. 8. Cases in which property of father, &c., absconding, may be seized. 9. Effect of warrant of seizure; overseers to return inventory, &c. 10. Powers of general sessions thereupon. 11. In what cases warrant may be discharged by two justices. 12. Powers and duties of overseers respecting property seized. 13. Authority of county superintendente, in counties where poor are county charge. 14. Who shall be relieved as poor persons. 15. Boards of supervisors may direct that only one superintendent be elected. 16. To be elected in the same manner other county officers are. 17. To hold three years; wben there are three to be classified. 18. In counties where one superintendent elected, person elected to be superintendent and hold office for three years. 19. When there is more than one superintendent, unexpired terms not to be affected by resolution of supervisors appointing one superintendent. 20. Vacancies to be filled by boards of supervisors. 21. Five superintendents in Kings county, how chosen. 22. The county of Kings for the election of superintendents to be divided into five districts. 23. Bounds of districts. 24, 25 and 26. Superintendents of poor, to be elected in fourth, third and first district. 27. Office of superintendent abolished in Albany county. 28. Office of superintendent in Putnam county abolished. 29. Board of superviors empowered to employ keeper of county poor-house. 30. Majority may act; compensation to be allowed by supervisors. 31. Neither supervisor nor county treasurer shall be appointed. 32. Superintendent to give bond, &c. 33. To be filed with order approving it, with county clerk. 34. To be a corporation; their powers and duties enumerated. 35. To audit the accounts of overseers of the poor, &c., and draw on the county treasurer for the amount audited. 36. County charges for maintaining poor in Chemung county to be audited by supervisors. 37. Superintendents to cause children in poor-houses to be taught, &c. 38. The expense, how paid. 39. In counties where there is more than one superintendent, a keeper and physician for the poor-house to be appointed 40. County poor-houses may be erected; expense limited; how collected. 41. Superintendents of county poor-houses, to be county superintendents of the poor. 42. In certain counties, excise money to be paid to county treasurers. 43. Also moneys collected from relatives of paupers. penalties, &c. 44. When all paupers made a county charge, notice to be given, &c. 45. Application of excise money and penalties in other counties. 46. In Warren, Washington, Saratoga and Genesee, poor to be a county charge. 47. In all other counties, supervisors may declare poor a county charge. 48. Copy of resolution to be served on clerks of cities, towns, and villages. 49. In such case, excise money and penalties to be paid to county treasurer. 50. Payment enforced by suit by county treasurer. 51. In other counties than those before specified, poor how to be supported. 53. Certain residence not to give settlement. 54. Paupers not to be removed; how supported 55 & 56. Proceedings to determine in what town pauper is settled; costs thereof. 57. Town chargeable with pauper, to support him; how compelled. 58. County paupers, proceedings to ascertain who are such. 59 & 60. Proceedings where there are no county poor-houses. 61. Decisions of superintendents, how to be entered and filed: their effect. 62. Provisions for relief to paupers in counties where there are poor-houses. 70. County treasurer to keep accounts with towns liable to support their poor 73. Sums necessary to support county poor, how raised and kept. 74. Accounts to be kept by overseers of the poor in counties not having poor-houses. SEC. 76. Penalty for neglect to present books and render accounts. 77. Overseers' accounts and estimates to be exhibited at town-meeting. 80. Accounts of overseers and justices, for services, how audited and paid. 81. Penalty for removing, &c., paupers, with intent to charge any city, town or county. 82. Pauper removed, how supported; notice of removal, &c., to be given. 83. Officers receiving notice to take pauper, or deny their liability. 84. Consequence of neglect. 85. Upon denial being made, suit to be brought: consequence of neglect. 86. Penalty on superintendents for neglect to render accounts or pay over moneys. 89. Duty of overseers to prosecute for penalties directed to be collected by them. 95. Poor-houses, &c., exempt from taxes; keepers exempt from militia service, &c. 96. Provision for support of idiots and lunatics out of county poor house. 97. Application of poor moneys of any town, that are invested. 98. County superintendents to report annually to secretary of state. 99. Reports to contain sex and country of paupers, and causes of pauperism. 100. Penalty for neglect. 101. Secretary of state to distribute this act with forms and instructions. 102. Supervisors of towns supporting their own poor, to report to clerk of supervisors. 103. Clerks of supervisors to deliver abstracts of reports to superintendents. 104. Penalty for neglect to report, aud for false report; how collected 105. Secretary of state to lay abstract of reports before the legislature. 106. In counties having no poor house, poor moneys disbursed by overseers. 107 & 108. Excise moneys to be paid them in such counties. 109. Putting up at auction the maintenance of the poor prohibited. 110. Towns in Livingston county to be chargeable for expenses before the removal of paupers to poor-house. 111. Overseers of poor to provide for temporary relief. 112. Overseers to keep a book and make certain entries in it. 113. Book to be laid before town auditors; their duty thereupon. 114. Overseers' accounts to be audited. 115. Town auditors to deliver superintendents' certificate of accounts audited. 116. They shall also estimate the sum required for temporary relief and lay it before supervisors. 117. Board of supervisors to audit superintendent's accounts. 118 & 119. Boards of supervisors except in New York and Kings may adopt the provisions of the preceding eight sections. 120. One superintendent in Montgomery county. 121. Board of supervisors to appoint keeper of poor-house; his powers and duties. 122. To give an official bond. 123. Temporary relief to be granted by supervisors, &c. 124 Section 5 of act of April 8, 1844, repealed. 125. County poor expenses to be audited by board of supervisors. 126. Office of overseer of the poor abolished in Herkimer county; supervisors to discharge duties, &c. 127. To grant temporary relief; superintendents to advance moneys, &c. 128. In case of absence of supervisor, justice to act, &c. 129. Superintendent to be appointed by board of supervisors. 130. He must reside at the poor-house and be keeper. 131. Duties of superintendents in 1851 and 1852. 132. How vacancy in office of superintendents supplied. 133. Superintendent may be removed by supervisors. 134. He may administer oaths, &c. 155. Board of supervisors to appoint a committee to erect poor-house. 137. Board of supervisors to contract with physician for poor-house. 138. Repeal of former acts. 139. Temporary relief in Dutchess county, a town charge. 140. Towns to pay charges of removal. 141. Expenses to be audited by town auditors. 142. Repeal of former acts. 143. Accounts of superintendents of county poor-house of Onondaga county to be audited by 144. Board of supervisors may contract for supplies to be furnished poor. 145. Superintendents of poor constituted a subordinate board. 146 Salary of physician to be fixed by supervisors. 147. Superintendents and overseers of poor not to be interested in any supplies; no account to 148. Superintendents to render account of moneys received to supervisors at annual meeting. 150. Only one overseer of the poor to be elected in each of the towns in Jefferson county. 152. No superintendent of poor to be elected; supervisors to appoint one; powers and duties. 154. Vacancies how supplied; bond to be given by person appointed to fill vacancy. 155. Superintendents, supervisors and overseers authorized to administer oaths. 156. Superintendent to keep a book; what to contain. 157. Board of supervisors to appoint two persons to visit poor-house; duties of persons appointed. 159. Board of supervisors empowered to make contracts with physicians and surgeons. 160. Empowered to direct how supplies for poor-house shall be purchased. 161. Provisions of this act to apply to present overseers. 162. Inconsistent acts repealed. 163. Office of overseer of poor in Fulton county abolished. 164. Supervisors of towns to grant temporary relief; when powers and duties devolve upon 165. One superintendent to be appointed by board of supervisors and to reside at poor-house. TITLE 1. [614] Vol. 1. TITLE 1. SEc. 167. Powers of board of supervisors of Kings county as to purchase of supplies by superin Paupers to ed by 7 Cow., 235. tendents of poor. 168. Supervisors to appoint store keeper and assistants; prescribe their duties, &c. 169. Board of supervisors may authorize county treasurer to borrow money. 170. Sureties when to be received and approved. 171. Certain officers not to be interested in sale of supplies. 172. Board of supervisors empowered to impeach superintendent, &c. 173. Superintendents prohibited from making certain contracts. 174. Powers prescribed in this act only to be exercised by a majority of board of supervisors. 175. Resolutions passed by board of supervisors to be signed and recorded. 176. Inconsistent acts repealed. 177. One overseer of the poor to be elected in each of the towns in Seneca county. 178. Their term of office to commence on the first day of December. 179. Superintendents in county of Queens to report to supervisors. 180. At same time to present their accounts. 181. Board of supervisors to meet, examine reports and audit accounts. 182. Superintendents of the poor of Oneida county empowered to purchase provisions, &c. 183. When store depot established, how purchases to be made; report to be made to supervisors; what report to contain. 184. Agent, or agents of superintendents directed to keep a book. 185. Provisions not to be sold by superintendents or agents. 186. Overseer of poor of Utica to give temporary relief. 187. No orders to be drawn for temporary relief on any other store than the regularly established depot. 188. Overseers of city to keep a book; what to contain. 189. Superintendents of poor, authorized to make rules, and audit accounts. 190. Inconsistent acts repealed. 191. Board of supervisors of Cayuga county to audit and settle accounts of superintendents of poor. 192. Board of supervisors empowered to contract with persons for supplies. 193. Superintendents of poor constituted a subordinate board. 194. Superintendents not to be interested in supplies furnished. 195. Required to make annual statements under oath to the board of supervisors; what to contain. 196. Book to be kept by overseers; what to contain. 197. Board of supervisors empowered to direct how supplies are to be purchased. 198. Inconsistent acts repealed. 199. Selling strong liquor to a pauper prohibited. 200. Purchasing paupers' clothing prohibited. 201. Penalty for violation of last two sections. 202. Officers of incorporated orphan asylums to bind out orphans and indigent children. 204. Certain provisions of R. S., applicable. 205. Duty of superintendents and overseers of poor where no orphan asylums, to place children in any incorporated orphan asylum in state. 206. Duty of managers of orphan asylums, authorized to receive and bind out orphan children. 207. Provisions of chapter 159 of Laws of 1855, applicable. 208. Certain children under care of managers of society for relief of destitute children of seamen may be bound out. 1. The father, mother and children who are of sufficient be support ability of any poor person who is blind, old, lame, impotent or relatives decrepit so as to be unable by work to maintain himself shall at 18 Barb.,100. their own charge relieve and maintain such poor person in such manner as shall be approved by the overseers of the poor of the town where such poor person may be.1 17 do. 410. How S2. Upon any failure of any such relative so to relieve and compelled. maintain any such poor person, it shall be the duty of the overseers of the poor of the town where such poor person may be to apply to the court of sessions of the county where such relative may dwell for an order to compel such relief; of which application at least fourteen days' notice in writing shall be given by serving the same personally or by leaving the same at the last place of dwelling of the individual to whom the same may be directed in case of his absence therefrom with some person of mature age.12 3. The court to which the said application may be made 17 Barb.,414, shall proceed in a summary way to hear the allegations and proofs of the parties, and shall order such of the relatives aforesaid of such poor person as appear to be of sufficient ability to relieve and maintain such person, and shall therein specify the sum which will be sufficient for the support of such poor person, to be paid weekly. And the said court shall therein direct the relative or Powers of courts. 11 R. L., 288, § 21; Laws of 1821, p. 114, § 4. 2 "Sessions" substituted for "general sessions of the peace." relatives who shall perform that duty in the following order: The _TITLE 1. father shall be first required to maintain such poor person; if there be none or he be not of sufficient ability, then the children of such poor person; if there be none or they be not of sufficient ability, then the mother.1 portions. S4. If it shall appear that any such relative is unable wholly Powers of to maintain such poor person, but is able to contribute towards court: prohis support, the court may in its discretion direct two or more relatives of different degrees to maintain such poor person, and shall prescribe the proportion which each shall contributs for that purpose; and if it shall appear that the relatives liable as aforesaid are not of sufficient ability wholly to maintain such poor person, but are able to contribute something, the court shall direct the sum in proportion to their ability, which such relatives shall pay weekly for that purpose. [615] Order of court. S5. Such order may specify the time during which the relatives aforesaid shall maintain such poor person or during which any of Vol. 1. the said sums so directed by the court shall be paid, or it may be indefinite and until the further order of the court. The court may from time to time vary such order whenever circumstances shall require it, on the application either of any relative affected thereby or of any overseers of the poor of the town, upon fourteen days' notice being given. enforced; S6. The costs and expenses of such application shall be ascer- How tained by the court and paid by the relatives against whom any costs. order may be made; and the payment thereof and obedience to the order of maintenance and to any order for the payment of money may be enforced by process of attachment. Overseers. S7. If any relative who shall have been required by such order suits by to relieve or maintain any poor person shall neglect to do so in 18 Barb.,100. such manner as shall be approved by the overseers of the poor of 17 do 410. the town where such poor person may be, and shall neglect to pay to such overseers weekly the sum prescribed by the court for the support of such poor person, the said overseers may maintain an action as for moneys had and received against such relative, and shall recover therein the sum so prescribed by the said court for every week the said order shall have been disobeyed, up to the time of such recovery, with costs of suit, for the use of the poor.2 S8. Whenever the father, or mother being a widow or living Father, &c. separate from her husband, shall abscond from their children, or a absconding. husband from his wife, leaving any of them chargeable or likely to 178. become chargeable upon the public for their support, the overseers of the poor of the town where such wife or children may be, may apply to any two justices of the peace of any county in which any estate, real or personal of the said father, mother, or husband may be situated, for a warrant to seize the same. Upon due proof of the facts aforesaid, the said justices shall issue their warrant authorizing the said overseers to take and seize the goods, chattels and effects, things in action, and the lands and tenements of the person so absconding. 1 See note on preceding page. 1 R. L., 288, § 21; Laws of 1821, p. 114, § 4. 1 R. L., 288, § 22. 21 Wend., 23 Barb.,236. warrant. TITLE 1. $9. By virtue of such warrant the said overseers may seize and Effect of take the said property wherever the same may be found, in the same 23 Barb,236. County; and shall be vested with all the right and title to the said property which the person so absconding had at the time of his or her departure. All sales and transfers of any personal property left in the county from which such person absconded made by him after the issuing of such warrant, whether in payment of an antecedent debt, or for a new consideration shall be absolutely void. The overseers shall immediately make an inventory of the property so seized by them, and return the same together with their proceedVol. 1. ings to the next court of sessions of the county where such overseers reside, there to be filed.' Duty of Overseers. [616] Proceedings, by sessions. 23 Barb.,236. Warrant, when $10. The said court upon inquiring into the facts and circumstances of the case, may confirm the said warrant and seizure, or may discharge the same; and if the same be confirmed, shall from time to time, direct what part of the personal property shall be sold, and how much of the proceeds of such sale and of the rents and profits of the real estate, if any, shall be applied towards the maintenance of the children or the wife of the person so absconding.1 S11. If the party against whom such warrant shall issue, return Justice may and support the wife or children so abandoned, or give security discharge. satisfactory to any two justices of the town, to the overseers of the duties of Overseers. poor of the town, that the wife or children so abandoned shall not become, or thereafter be chargeable to the town or county, then such warrant shall be discharged by an order of such justices, and the property taken by virtue thereof, shall be restored to such party. Powers and $ 12. The overseers shall sell at public vendue, the property so ordered to be sold, and shall receive the rents and profits of the real estate of the person so absconding, and in those towns which are required to support their own poor, the overseers shall apply the same to the maintaining, bringing up and providing for the wife, child or children so left and abandoned, and for that purpose shall draw on the county treasurer for the said proceeds, as hereinafter directed. They shall account to the court of sessions for all moneys so received by them, and for the application thereof, from time to time, and may be compelled by the said court to render such account at any time.' Ib. of dents. 13. In those counties where all the poor are a charge upon superinten- the county, the superintendents of the poor shall be vested with the same powers, rights and authority, as are hereinbefore given to the overseers of the poor of any town, in respect to compelling relatives to maintain paupers, and in respect to the seizure of the property of any parent absconding and abandoning his or her family, and shall be entitled to the like actions and remedies in their names, and shall perform the duties hereinbefore required of overseers, and subject to the same obligations and control. Paupers to be relieved. S14. Every poor person who is blind, lame, old, sick, impotent or decrepit, or in any other way disabled, or enfeebled, so as to be 1 1 R. L., 288, § 22. |