pleasure, a deputy, overseer of the poor, and such other subordinates as may be prescribed by the board of estimate and apportionment. In case of the absence or disability of the commissioner or of a vacancy in the office, the deputy shall discharge the duties of the office until the commissioner returns, his disability ceases or the vacancy is filled. The commissioner, deputy and overseer of the poor, before entering upon the discharge of the duties of their respective offices, shall each execute and file with the city clerk an official undertaking in such penal sum as may be prescribed by the common council.

§ 171. Powers and duties of commissioner.-The commissoner of charities shall have the general care, management, administration and supervision of the charities, almshouses, hospitals, houses of correction, orphan asylums and all other similar institutions, the control or government of which belongs or is intrusted to the city. He shall make regulations for the expenditure of the moneys appropriated for the support or relief of the poor and for the general supervision of such expenditures. He shall investigate fully the circumstances of all persons alleged to be destitute or without proper means of support, or without proper guardianship, or who are in danger of becoming or are a public burden in any respect; and also the circumstances of their relatives or other persons whose duty it is to relieve or maintain them or contribute to their support; also to institute and prosecute any and all actions and proceedings authorized by law to compel any and all persons liable for the care, maintenance, education or support of any such destitute or dependent persons to contribute thereto, and to indemnify the city and public against any expenditures on account thereof. He shall also prosecute any and all bonds, undertakings or recognizances given for any of the purposes herein mentioned or in any manner relating thereto. Any and all moneys recovered in any such suit, action or proceeding or otherwise paid to or received by the said commissioner on account of the care, maintenance, relief, education or support of any such persons shall be deposited by the commissioner with the city treasurer as a trust fund, and the same shall be applied and expended by the said commissioner for the pur

pose on account of which the same were paid. Any surplus remaining in said fund at the close of the fiscal year shall be treated as an unexpended balance of money appropriated for such department. The commissioner shall furnish to and file with the comptroller a monthly statement in detail of all receipts and expenditures, including the aid and relief granted by him, with the names and addresses of all recipients.

§ 172. Powers and duties of overseer. The overseer of the poor, subject to the regulations and supervision of the commissioner, shall possess all the power and authority of overseers of the poor in the several towns of the county in which the city is situated, and be subject to the same duties, obligations and liabilities. The overseer and his assistants shall have the power to examine under oath any person applying for relief.

§ 173. City owner of supplies.- The city shall continue to be the owner of supplies furnished to any poor person or applicant for relief 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 liquors or in any way dispose of the same other than in the manner directed, such conduct shall be deemed a misdemeanor.

§ 174. Liability of city.- Nothing contained in this act shall be deemed to make the city liable for the support or relief of any poor person when it is not otherwise so liable.

AMSTERDAM, MONTGOMERY COUNTY,

(Note.- Overseer of the poor elected for the term of two years at a salary of $600.)

Chapter 131, Laws of 1885.

TITLE IV.

§ 53. It shall be the duty of the overseer of the poor to visit the poor of said city at their several places of residence, and examine into their circumstances, and ascertain to what extent they should be entitled to permanent or temporary relief. He

shall devote his whole time to the discharge of his public duties. He shall have the sole and exclusive care and management of the poor of said city, subject to the same restrictions and liabilities as overseers of the poor of towns of the county of Montgomery, except as modified by this act, and for all purposes relating to the maintenance and support of the poor, the city shall be one of the towns of the county of Montgomery.

1. The said overseer of the poor shall keep his office in some central and convenient part of the city, to be approved by the common council, and he shall at the first regular meeting of the common council in each month report to the common council under oath, in detail, all appropriations, expenditures, temporary relief and allowances made by him as such officer during the month preceding; which report shall specify the name of each person relieved, the quantity, quality and price of each article ordered or furnished, and from whom obtained; said report shall also contain the names of all persons to whom meals and lodg ings have been furnished, the number of such meals and lodgings, from whom obtained, and the cost of the same. The same to be filed with the city clerk.

2. The said overseer of poor shall, within ten days after being notified of his election and before entering upon the duties of his office, file with the city clerk of Amsterdam a bond to said city with two sufficient sureties, to be in an amount and to be approved by the common council for the faithful discharge of his official duties and a correct accounting of any funds or moneyз to be received and disbursed by him.

3. The said overseer of poor shall require all persons making applications for relief who are residents of said city to make such application in writing, which shall be filed and preserved by said overseer of poor of the city and handed to the city clerk monthly.

4. The said overseer of the poor of said city of Amsterdam shall possess all the powers and authority, subject to any modification therein, of overseers of the poor of the several towns of the state, in relation to the support or relief of indigent per sons and the binding out of children.

5. He shall have the powers superintendents of the poor now have in relation to lunatics and insane persons within said city, and to provide for their safekeeping in a proper place in such city, or to send them to a lunatic asylum, and shall have the same powers within said city as overseers of the poor and county superintendents of the poor now have in relation to bastards.

6. All charges and accounts against said city for services rendered, acts done or means furnished under and by virtue of section fifty-three of this act shall be audited by the common council of the city in the same manner and at the time similar accounts are audited in the several towns in the county of Montgomery by the respective town boards, and all accounts properly chargeable against the county of Montgomery shall be audited by the board of supervisors of said county in the same manner as the accounts of towns and town officers are by them audited and allowed.

7. The overseer of the poor of the city of Amsterdam, in performing the duties of his office under the provisions of this act and the laws of this state, shall not furnish to any person whatever, groceries, provisions, fuel, medicines or property belonging to himself, or in which he shall be interested; nor shall he be interested in any contract for the purchasing of such groceries, provisions, medicines, fuel or property, nor shall he receive any commission for any goods or articles or relief furnished, or on any order given by him for any such goods, articles or relief, and for a violation thereof shall be removed by the common council after opportunity to be heard in his own defense.

8. The overseer of the poor shall promptly report and refer all cases requiring medical or surgical relief to the physician or one of the physicians appointed or employed by the common council to render such relief. (As amended by chapter 188 of the Laws of 1903.)

9. The overseer of the poor of the city of Amsterdam shall have power to administer to and examine under oath any person applying to him for relief, and false swearing during such examination shall be deemed wilful perjury.

10. Said overseer of the poor shall have the same power to settle cases of bastardy as is now conferred upon superintendents of the poor of the counties of this state.

VOL. III-22

11. The overseer of the poor of the city of Amsterdam shall receive an annual salary of six hundred dollars, payable quarterly.

AUBURN, CAYUGA COUNTY.

(Note. Commissioner of charities appointed by the mayor for two years. Compensation fixed by board of estimate and control.)

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 regulation 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