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80. Town officers. There shall be elected at the biennial town meeting in each town, by ballot,

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* * one or two over

Overseers of the poor

when elected, shall hold their respective offices for two years.

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§ 112. Overseers of the poor. The electors of each town may, at their biennial town meeting, determine by resolution whether they will elect one or two overseers of the poor, and the number so determined upon shall be thereafter biennially elected for a term of two years. Whenever any town shall have determined. upon having two overseers of the poor, the electors thereof may determine by a resolution at a biennial town meeting, to thereafter have but one, and if they so determine thereafter no other overseer shall be elected or appointed, until the term of the overseer continuing in office at the time of adopting the resolution shall expire or become vacant, and the overseer in office may continue to act until his term shall expire or become vacant. The electors of any town may, at any biennial or regularly called special town meeting on the application of at least twenty-five resident taxpayers whose names appear upon the then last preceding town assessment-roll, adopt by ballot a resolution that there shall be appointed in and for such town one overseer of the poor. If a majority of the ballots so cast shall be in favor of appointing an overseer of the poor, no overseer of the poor shall thereafter be elected in such town except as hereinafter provided, and the overseers of the poor of such town elected at the town meeting at which such resolution is adopted or who shall then be in office shall continue to hold office for the terms for which they were respectively chosen; and within thirty days before the expiration of the term of office of such elected overseer whose term expires latest, the town board of such town shall meet and appoint one overseer of the poor for such town, who shall hold office for one year from

the first day of May next after his appointment; and annually in the month of April in each year thereafter an overseer of the poor shall be appointed by the town board of such town for the term of one year from the first day of May next following such month of April. Each overseer of the poor so appointed shall execute and file with the town clerk an official undertaking in such form and for such sum as the town board may by resolution require and approve. An overseer of the poor, so appointed, shall not hold any other town office during the term for which he is so appointed, and if he shall accept an election or appointment to any other town office he shall immediately cease to be an overseer of the poor. If a vacancy shall occur in the office of an overseer of the poor, so appointed, such vacancy shall be filled by the town board, by appointment, for the balance of the unexpired term. The compensation of an overseer of the poor so appointed, shall be fixed by the town board of such town, but shall not exceed, in any one year, the sum of one thousand dollars, and shall be a town charge. At any subsequent town meeting after the expiration of three years from the adoption of a resolution by any town to appoint an over seer of the poor, the electors of the town may determine by ballot to thereafter elect one or more overseers of the poor, and if they determine so to elect, then at the next biennial town meeting thereafter one or more overseers of the poor shall be elected in pur suance of the laws regulating the election of overseers of the poor, and the term or terms of the overseer or overseers first so elected shall commence upon the expiration of the term of office of the overseer of the poor last theretofore appointed in pursuance of law, and shall expire as though each such term commenced at the time of election; and their successors shall thereafter be elected in pursuance of law.

113. Undertaking of overseer of the poor.- Every person elected or appointed overseer of the poor in any town shall, within ten days after being notified of his election or appointment, execute an undertaking with one or more sureties, to be approved by the supervisor of his town, to the effect that he will faithfully discharge the duties of his office, and will pay according to law all moneys which shall come into his hands as such overseer, which undertaking shall be delivered to the supervisor and filed by him in the office of the town clerk within ten days thereafter.

SPECIAL STATUTES RELATING TO THE CARE OF THE POOR IN CERTAIN COUNTIES OF NEW YORK STATE.

ALBANY COUNTY.

AN ACT to provide for the care, transportation and commitment, and the payment therefor, of lunatics, idiots, persons of unsound mind, deaf-mutes, orphans and paupers, the expense of whose maintenance and transportation is a charge upon the county of Albany, and to define the duties of the superintendent of the almshouse in the city of Albany.

Chapter 354, Laws of 1884.

Section 1. It shall be the duty of the overseers of the poor of the several towns in the county of Albany, of the village of West Troy, and of the city of Cohoes and of the city of Albany, whenever any lunatic, idiot, person of unsound mind, deaf-mute, or pauper within the jurisdiction of such officers respectively shall be or become by law chargeable to the county of Albany and shall be lawfully committed to the almshouse or any asylum or other place provided for the safe keeping of such persons, to transport such persons (subject, in case of their sickness, lameness or other disability, to the provisions of section forty-two of title one of chapter twenty of part one of the Revised Statutes of this state) to the city of Albany, and deliver him or her to the superintendent of the almshouse in the said city, as hereinafter provided for. Whenever notified by any such overseer that any such person has or is about to arrive by any public conveyance at any place in the city of Albany, and whenever notified by the overseer of the poor of the city of Albany that any such person is within the said city it shall be the duty of the said superintendent to send for and cause such person to be transported to the almshouse in said city, or to the asylum or other place where he is lawfully committed, in a proper conveyance to be kept at such almshouse for that purpose.

§ 2. Whenever any child shall be or become in danger of be coming a charge upon the county of Albany, it shall be the duty of the overseer of the poor having jurisdiction in the place of the residence for the time being of such child, to take such child before some magistrate, who shall examine such child and shall cause to appear before him and shall examine such other persons under oath as shall be acquainted with the parentage, condition and circumstances of such child, and shall ascertain among other things the full name, and the residence by town, village or city, and by road, street or street number if possible, of such child, his or her age, nationality, color and sex, the name of its father, his occupation or employment, and whether he be living or not, and if dead, the date of his death; the name of its mother and whether living or not and if dead the date of her death, the last residence and nationality of said father and mother, and the length of their residences in this county, and the present resi dence of such child and the person with whom he or she resides, and whether any person is properly chargeable with the expense of its support, and the reasons, if any, why such child is and should be a charge upon the county of Albany, and shall reduce such examination to writing, and cause the same to be subscribed by the person examined. It shall be the duty of such overseer in case any person be properly chargeable with the support of such child, and able to support it, to take proceedings to compel such person to provide therefor. In case no such person be so chargeable with the support of such child, the said magistrate shall deliver such examination so had before him and reduce to writing as aforesaid to the said overseer of the poor, who shall transmit the same to the superintendent of the almshouse. If such superintendent shall find that the expense of the support of such child is a proper charge against the county of Albany, he shall transmit to said overseer (except to the overseer of the poor of the city of Albany), a commitment in writing, committing such child to the almshouse or to some incorporated institution specially authorized by law to receive orphan poor, or in any case may temporarily receive such such child at the almshouse until a proper disposition can be made of it. The institution so to be selected shall, except under special and peculiar cir

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cumstances to be stated in the commitment, be one located in the county of Albany, and whenever practicable shall be one governed or controlled by persons of the same religious faith as the parents of the child who may be committed thereto. If the child be over two years of age it shall not in any case be committed to the almshouse, nor shall any children committed to any asylum or other institution be transferred to any other asylum or institution without a written commitment to such other asylum or institution made by the superintendent of the almshouse. It shall be the duty of such overseer forthwith to transport such child to the almshouse or to such institution, and in the latter case to take from the proper authorities thereof a receipt in writing, stating the full name, sex and age, and date of receipt of such child. On presentation of such child at the almshouse or transmission of such receipt from such institution to the superintendent of the almshouse, he shall give or transmit to such overseer a receipt similar to the receipt mentioned in section three of this act, under which the said overseer shall be paid by the county treasurer of Albany county as hereinafter provided. All orders made by the superintendent of the almshouse for the commitment of orphan, destitute and dependent children to an orphan asylum, under the provisions of this act, shall lapse and become void on the first day of October next after the date on which they were issued, but the said superintendent may, within ten days next preceding the first day of October in any year, if on inquiry and investigation by him good and sufficient reasons therefor be found to exist, grant a new order of commitment authorizing the further detention and support of any such child in any orphan asylum for the period of one year from the expira tion of his previous order.

3. It shall be the duty of the said superintendent to give to the overseer of the poor for each person so received by him under section one of this act, and for each orphan committed under the provisions of section two of this act, a receipt stating the name of the said overseer, the name and last place of residence of the person received from such overseer or delivered by him at any asylum or other place, and the date of such receipt or delivery, and the number of miles properly traveled by any public con

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