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3. No appointee or employee of the office of the superintendent of the poor of Erie county shall receive any compensation, fee or emolument for any duty or act done or performed. by him in connection with his office other than the compensation. specified in section two of this act. The board of supervisors of the county of Erie shall make provision in the annual budget for the payment of the salaries herein mentioned.

FULTON COUNTY.

AN ACT for the care and support of the poor in the county of Fulton.

Chapter 155, Laws of 1886.

Section 1. All the paupers who are now inmates, and whose names appear on the books kept at the poorhouse, in the county of Fulton, shall be county paupers as long as they shall remain continuously at said poorhouse; if any of the said paupers shall be discharged by the superintendent of the poor of said county, or shall voluntarily leave and cease to be supported at said poorhouse, said paupers' names shall be stricken from the books at the poorhouse, and shall thereafter cease to be county paupers, unless they are returned to said poorhouse within a period of one year. All the cost and expenses for the care, support and maintenance of said county paupers shall be a county charge and shall be paid by the county of Fulton. All the paupers who are legally admitted to the poorhouse in said county after the passage of this act (except as above mentioned) shall be town paupers, and all the cost and expense for the care, support and maintenance of such town paupers shall be charged to and paid by the town from which the said paupers were sent.

2. The superintendent of the poor shall, within ten days after the passage of this act, determine and designate, by name, all paupers who are supported and maintained at said poorhouse at the passage of this act, from each of the towns in said county; said names shall be filed in the office of the county clerk of said county, and recorded in the book of miscellaneous records. The

superintendent of the poor shall send a list of the names to the supervisor of each town in said county of all the paupers supported and maintained at said poorhouse sent from their respective towns; said list, if correct, shall be indorsed with the approval of the supervisor of said town, and filed in the office of the town clerk of said town.

3. All the cost and expense for the care, support and maintenance of all the poor outside of the poorhouse who are now or who may hereafter become a public charge in said county, and all the permanent, temporary and transient relief shall be a charge against the city or town where the commissioner of charities or supervisor granting the relief resides, and where such expense shall have accrued, except as hereinafter provided, and all such expense shall be audited exclusively by the common council of said city and the board of town auditors of said town, and shall be audited and paid in the same manner as other city and town charges are audited and paid. The board of supervisors of the county of Fulton is hereby prohibited from auditing, allowing or paying any account of any person or officer, for the care, support and maintenance of the poor in said county, or for permanent, temporary or transient relief, or the expense of granting the same, except such accounts as are by law chargeable to the said county. Any person who shall send, remove or entice to remove, or bring, or cause to be sent, removed or brought, any poor or indigent person, from any city or town of said county, to any other city or town of said county, or from any other county, or any city or town of any other county, to any city or town of said county, without legal authority, and there leave such person, for the purpose of avoiding the charge of such poor or indigent person upon the city, town or county from which he is so sent, removed or brought or enticed to remove, shall forfeit fifty dollars, to be recovered by and in the name of the town or city of said county to which such poor person shall be sent, brought or removed, or enticed to remove, and shall be guilty of a misdemeanor. A poor person so removed, brought or enticed, or who shall of his own accord come or stray from one city or town of said county into any other city or town of said county, or from any other county, or any city or town of any other county, into

any city or town of said county not legally chargeable with his support, shall be maintained by the commissioner of charities of the city or the supervisor of the town where he may be. They may give notice to either of the overseers of the poor of the town or city from which he was brought or enticed, or came as aforesaid, if such town or city be liable for his support, and if there be no town or city in the county from which he was brought or enticed or came liable for his support, then to either of the county superintendents of the poor of such county, within ten days after acquiring knowledge of such improper removal, informing theni of such improper removal, and requiring them forthwith to take charge of such poor person. If there be no overseers or superintendents of the poor in such town, city or county, such notice shall be given to the person, by whatever name known, who has charge and care of the poor in such locality. The county superintendents or overseers, or other persons, to whom such notice may be directed, may, after the service of such notice, take and remove such poor person to their county, town or city, and there support him, and pay the expense of such notice, and of the support of such person; or they shall, within thirty days after receiving such notice, by a written instrument under their hands, notify the commissioner of charities of the city or supervisor of the town from whom such notice was received, that they deny the allegation of such improper enticing or removal, or that their town, city or county is liable for the support of such poor person. If there shall be a neglect to take and remove such poor person and to serve notice of such denial within the time above prescribed, the county superintendents and overseers or other persons, respectively, whose duty it was to do so, their successors, and their respective counties, cities or towns, shall be deemed to have acquiesced in the allegation contained in such first notice and shall be forever precluded from contesting the same, and their counties, cities and towns, respectively, shall be liable for the expenses of the support of such poor person, which may be recovered from time to time, by the commissioner of charities or supervisor incurring such expenses, in the name of his city or town in actions against the county, city or town so liable. Upon service of any such notice of denial, the com

missioner of charities or supervisor upon whom the same shall be served, shall, within three months, commence an action in the name of his city or town, against the town, city or county so liable for the expenses incurred in the support of such poor person, and prosecute the same to effect; if they neglect to do so, their city or town shall be precluded from all claim against the town, city or county to whose officers such first notice was directed. (As amended by chapter 323 of the Laws of 1903, and chapter 751 of the Laws of 1904.)

§ 4. The supervisors of the several towns in said county shall, by virtue of their office, act as and be overseers of the poor in their respective towns and they shall have all the powers and perform all the duties that the law now confers, or may hereafter confer, by any general act upon overseers of the poor of the several towns in this state, not inconsistent with any of the provisions of this act; and they shall be subject to all the liabilities, penalties and conditions that overseers of the poor who are elected or appointed pursuant to this act are subject to. (As amended by chapter 138 of the Laws of 1898.)

§ 5. (Repealed by chapter 138 of the Laws of 1898.)

§ 6. (Repealed by chapter 138 of the Laws of 1898.)

87. The supervisors of the several towns in said county shall not be interested, directly or indirectly, in any contract for the care, support and maintenance of the poor at the poorhouse, or in supplies furnished, contracted for or ordered for said poorhouse, or to any person for permanent or temporary relief. The supervisors in the several towns in said county shall grant all the relief outside of the poorhouse for the care, support and maintenance of all the poor in their respective towns, and shall grant permanent, temporary or transient relief at such times, in such sums, and in such quantities as they shall deem necessary, and no other person or officer shall grant any relief for the care, support or maintenance of the poor, or for permanent or temporary relief in any town in said county, or exercise such powers, or discharge such duties, but the supervisors of the several towns shall have all the powers and perform all the duties that the law now confers, or may hereafter confer by any general act upon

overseers of the poor of the several towns in this state, not inconsistent with any of the provisions of this act, and they shall be subject to all the liabilities and penalties that overseers of the poor of the several towns in this state are now or may hereafter be subject to. The supervisors in the several towns in said county shall have power to administer an oath to any person applying for relief as to any matters pertaining or relating to the application for relief. (As amended by chapter 138 of the Laws of 1898.)

§ 8. On the first Tuesday of February in the year eighteen hundred and ninety-eight, and each year thereafter, the town board or a majority of the officials composing said board, of each of the several towns in the county of Fulton, shall meet in their respective towns and fix the amount of the compensation of the supervisor of their respective towns for the ensuing year. The compensation so fixed by the several town boards shall not be increased or diminished during the year and shall be in full payment and compensation for all the services rendered by said. supervisor acting as overseer of the poor in and for their re spective towns. (As amended by chapter 138 of the Laws of 1898.)

§ 9. It shall be the duty of each supervisor in each town in said county, to enter in a book (to be furnished by the town) to be by him kept for that purpose, the names of all persons who shall apply to him for relief, with the date of such application and his decision in each case, whether sent to the poorhouse permanently or temporarily, relieved or application refused, together with an account of all sums by him expended in the relief of each indigent or poor person and family and the number of persons relieved in each family, to whom paid, of all orders granted, to whom given and upon whom drawn. Such book shall at all times be open to the inspection of any taxable inhabitant of the town. The supervisors shall at the time when town poor accounts are audited, present to the board of town auditors of their respective towns, the book or books (as above required to be kept) for their use and information in auditing and allowing of such accounts. for the care and support of the poor of said town. (As amended by chapter 138 of the Laws of 1898.)

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