forfeit any claim for compensation for caring for such person. (As amended by chapter 302 of the Laws of 1885.) § 4. The said overseer shall have power, within the limit of the amount allowed him under the provisions of this title, to give relief to the poor in cases of temporary emergency, but not in continuous or periodic aid or support of such poor, and no sum exceeding ten dollars shall be paid or applied to the use of any one person or his or her family in any one year, until the special circumstances of such case have each time, when further aid or assistance is afforded, been presented in writing to the mayor of said city, and he has indorsed thereon his approval thereof; whenever it shall appear to said overseer that any person applying for relief is in such condition as that such person cannot provide for himself or herself, or his or her family, and in the judgment of such overseer he or she can be more comfortably supported at the almshouse, it shall be the duty of said overseer to commit and cause the removal of such person and his or her family to the said almshouse or other proper place. (As amended by chapter 302 of the Laws of 1885.) § 5. (Repealed by chapter 580 of the Laws of 1900.) § 6. The said overseer shall make monthly, to the common council, a just, full and true report and account to be verified by him of all moneys and property coming into his hands, and of the manner of the expenditure and disposition thereof, and if any part of said expenditures are in coal orders or store orders, the amount of coal orders and store orders shall be stated and the names of the persons who are therein required to furnish the supplies. He shall also separately state the amount represented by orders issued more than three months prior to such report which are outstanding at the date thereof, and the amount represented by outstanding orders issued within the three months. preceding the date of such report. No orders shall be issued on any store or place in which liquors are sold by the glass; and no orders shall be issued in excess of the amount for which the overseer's requisitions have been allowed, after deducting from such amount all other expenses, disbursements and liabilities contracted to be paid therefrom. The overseer shall retain in his hands sufficient money to pay such orders until the end and expiration of three months after the date of their issue, and thereafter he shall, at the time of presenting his monthly reports to the common council, repay the amount, representing orders not redeemed within three months after their date, to the chamberlain, who shall credit the same to the appropriation for the poor. Said orders shall be dated when given, and shall have clearly printed across their face the following words: "This order becomes void if not presented for payment within three months after the date of its issue," and unless presented for payment to the overseer of the poor within such three months it shall be void and shall not be paid. It shall be a misdemeanor for the overseer of the poor to incur any expense, pay any money, or issue any orders in excess of the amount allowed to him under the aforesaid requisitions. (As amended by chapter 302 of the Laws of 1885.) Chapter 473, Laws of 1906. ARTICLE X. Department of Charities. Section 170. Commissioner; deputy; overseer of poor. 173. City owner of supplies. Section 170. Commissioner; deputy; overseer of poor. The commissioner of charities may appoint, to hold office during his 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. The § 171. Powers and duties of commissioner. commissioner of charities shall have the general care, management, administration and supervision of the charities, almshouses, hos pitals, 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 purpose 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. The overseer § 172. Powers and duties of 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.-Commissioner of charities appointed by the mayor for the term of two years at a salary fixed by the common council.) Chapter 242, Laws of 1911. TITLE VII. The Department of Charities. $ 78. Commissioner of Charities. The commissioner of charities shall be the head of the department of charities. He shall keep in books provided for that purpose, permanent records of each person relieved, specifying his name, residence, sex, age, nationality, cause which rendered relief necessary, amount of such relief, person ordered to furnish such relief, together with such other data as is required by law or prescribed by the mayor or common council. Such records shall be filed and preserved and shall be open for inspection at all reasonable times to any taxpayer of the city. He shall also keep full and accurate accounts and records of all moneys appropriated or expended by him, and of all liabilities incurred on behalf of the city and of all matters pertaining to the execution of his duties. He shall, at the end of each month and at the end of each year, make a report to the mayor and to the common council of all moneys expended by his department and of all such other matters and in such form as may be prescribed by the mayor. § 79. Commissioner to be overseer of the poor; general powers and duties. The commissioner of charities shall be the overseer of the poor of the city and shall have the same power and authority and be subject to the same duties and liabilities as if said city were a town and he were the overseer of the poor thereof, except as otherwise provided for in this act. He shall have power to administer oaths and take affidavits in all matters pertaining to the duties of his office and to elicit statements of fact from applicants for relief. He shall devote his entire time to the performance of his duties. He shall have the same powers within said city in relation to bastardy proceedings as the superintendent of the poor has within the county. He shall have the general management and control of the department of charities of the city and shall be subject to the directions of the mayor and be responsible to him for the performance of his official duties and may be summarily removed from office by the mayor at any time. § 80. Employment of physicians. The mayor shall appoint one or more physicians for one year whose duty it shall be to render medical and surgical services and attendance to the city poor and perform such other services relative thereto as the mayor shall direct; the term of office of such physician or physicians shall not, however, extend beyond that of the mayor appointing him. The common council shall fix the salary of said physician or physicians. § 81. Bond. The commissioner of charities shall give a bond as required by this act in the penal sum of five thousand dollars. (Note. Auburn, Cayuga County. Commissioner of charities appointed by the mayor for two years. Compensation fixed by board of estimate and control.) |