State Board of Charities. §§ 21-24 21. Rules and regulations.-The state board of charities shall make rules and regulations, and alter or amend the same, in accordance with which all dispensaries shall furnish and applicants obtain medical or surgical relief, advice or treatment, medicine or apparatus. But such rules and regulations shall not in any case specify the particular school of medicine in accordance with which a dispensary shall manage or conduct its work or determine the kind of medical or surgical treatment to be provided by any dispensary. (Added by chap. 368 of 1899.) § 22. Revocation of licenses.-The state board of charities or any of its members may at any and all times visit and inspect licensed dispensaries. They may examine all matters in relation to such dispensaries, and ascertain how far they are conducted in compliance with this law and the rules and regulations of the board. After due notice to a dispensary, and opportunity for it to be heard, the board may, if public interest demands, and for just and reasonable cause, revoke a license by an order signed and attested by the president and secretary of the board. Such order shall state the reason for revoking such license, and shall take effect within such time after the service thereof upon the dispensary as the board shall determine. The said board is hereby directed to apply to the supreme court to revoke the license and annul the incorporation of any dispensary legally incorporated, or conducted in connection with an incorporated institution at the time of the passage of this act, for wilful violation of the rules and regulations made by said board. (Added by chap. 368 of 1899.) § 23. Drug store or tenement house not to be used by dispensary; unlawful display of signs.-After the taking effect of this act, no dispensary shall make use of any place commonly known as a drug store, or any place or building defined by law or by an ordinance of the board of health as a tenement house; nor after such time shall any person, corporation, institution, society, association, or agent thereof, except a duly licensed dispensary, display or cause to be displayed a sign or other thing which could directly or indirectly or by suggestion indicate the existence of the equivalent, in purpose and effect of a dispensary. (Added by chap. 368 of 1899.) 24. Violation of act, misdemeanor.--Any person who wilfully violates any of the provisions of this act, or any of the rules and regulations made and published under the authority of this act, shall be guilty of a misdemeanor, and on conviction thereof, shall be punished by a fine of not less than ten dollars and not more than two hundred and fifty dollars. (Added by chap. 368 of 1899.) 8 25. Obtaining surgical or medical treatment on false representations, misdemeanor.-Any person who obtains medical or surgical treatment on false representations from any dispensary licensed under the provisions of this act shall be guilty of a misdemeanor, and on conviction thereof shall be punished by a fine of not less than ten dollars and not more than two hundred and fifty dollars. (Added by chap. 368 of 1899.) § 26. Acts repealed.-All acts or parts of acts inconsistent with the provisions of this act are hereby repealed. (Added by chap. 368 of 1899.) 27. When to take effect.-This act shall take effect on the first day of October, eighteen hundred and ninety-nine. (Added by chap. 368 of 1899.) ARTICLE II. STATE CHARITIES' AID ASSOCIATION. SECTION 30. Visits by the state charities' aid association. 31. Duties of officers in charge of institutions; enforcement of orders. 32. Annual reports. 8 30. Visits by the state charities' aid association.—Any justice of the supreme court, on written application of the state charities' aid association, through its president or other officer designated by its board of managers, may grant to such person as may be named in such application, orders to enable such persons, or any of them, as visitors of such association to visit, inspect and examine, in behalf of such association any of the public charitable institutions and state hospitals for the insane owned by the state, and the county, town and city poor-houses and almshouses within the state. The persons so appointed to visit, inspect and examine such institutions shall reside in the counties from which such institutions receive their inmates, and such appointments shall be made by a justice of the supreme court of the judicial district in which such visitors reside. Each order shall specify the institution to be visited, inspected and exam. ined and the name of each person by whom such visitation, Finances, Reports and Accounts. SS 31-41 inspection and examination shall be made, and shall be in force for one year from the date on which it shall have been granted, unless sooner revoked. 31. Duties of officers in charge of institutions; enforcement of orders. All persons in charge of any such institution shall admit each person named in any such order into every part of such institution, and render such person every possible facility to enable him to make in a thorough manner such visits, inspection and examination, which are hereby declared to be for a public purpose, and to be made with a view to public benefit. Obedience to the orders herein authorized shall be enforced in the same manner as obedience is enforced to an order or mandate by a court of record. § 32. Annual reports. Such association shall make an annual report to the state board of charities upon matters relating to the institutions subject to the visitation of such board; and to the state commission in lunacy upon matters relating to the institutions subject to the inspection and control of such commission. Such reports shall be made on or before the first day of November for each preceding fiscal year. ARTICLE III. REGULATION OF FINANCES OF STATE CHARITABLE INSTITUTIONS, AND REPORTS TO AND ACCOUNTS AGAINST MUNICIPALITIES. SECTION 40. Fiscal year. 41. Monthly estimates of expenses; contingent fund. 42. Monthly statements of receipts and expenditures. 43. Affidavit of steward; vouchers. 44. Purchases. 45. Reports to supervisors of appointments and committals to charitable institutions. 46. Reports by officers of certain institutions to clerks of boards of supervisors and cities. 47. Verified accounts against counties, cities and towns. § 40. Fiscal year. The fiscal year of all state charitable institutions shall commence with the first day of October in each year, and close with the thirtieth day of September, next succeeding; and the annual reports of such institutions required by this chapter, shall be made for the fiscal year as herein named. 8 41. Monthly estimates of expenses; contingent fund.-The superintendent or other managing officer of each of the state charitable institutions, and of the New York State School for the Blind at Batavia shall, on or before the fifteenth day of each month, cause to be prepared duplicate estimates in minute detail, of the expenses required for the institution of which he has the supervision, for the ensuing month. He shall countersign and submit one of such duplicates to the comptroller, and retain the other to be placed on file in the office of the institution. The comptroller may cause such estimates to be revised either as to quantity and quality of supplies and the estimated cost thereof. Upon the revision and approval of such estimate, the comptroller shall authorize the boards of managers or other managing officers of such institutions to make drafts on him, as the money may be required for the purposes mentioned in such estimates,which drafts. shall be paid on his warrant, out of the funds in the treasury of the state appropriation for the support of such charitable institutions. In every such estimate, there shall be a sum named, not to exceed two hundred and fifty dollars, as a contingent fund, for which no minute detailed statement need be made. No expenditures shall be made from such contingent fund, except in case of actual emergency, requiring immediate action, and which cannot be deferred without loss or danger to the institution, or the inmates thereof. The treasurer of a state charitable institution shall not pay accounts for goods furnished, salaries of officers, or employes, unless they are contained in the estimate provided in this section, and duly approved by the comptroller. Nor shall the treasurer of any institution named or referred to in this section pay accounts for supplies furnished to officers and employes, unless the same be drawn from the ordinary supplies provided for the general use of the institution. No persons, other than the officers and employes of such institutions, and the families of the superintendents, medical officers, adjutants, quartermasters or stewards, necessarily residing therein shall be allowed rooms and maintenance, except at a rate fixed by the state comptroller and the president of the state board of charities with the approval of the governor. (As amended by chap. 436 of 1899.) § 42. Monthly statements of receipts and expenditures.-The treasurer of each state charitable institution shall on or before the fifteenth day of each month, make to the comptroller, a full and perfect statement of all the receipts and expenditures, specifying the several items, for the last preceding calendar month. Finances, Reports and Accounts. SS 43-44 Such statement shall be verified by the affidavit of the treasurer attached thereto, in the following form: I, . . . . . ., treasurer of the ... do solemnly swear that I have deposited in the bank designated by law for such purpose all the moneys received by me on account of such .... ... during the last month; and I do further swear that the foregoing is a true abstract of all the moneys received, and expenditures made by me or under my direction as such treasurer during the month ending on the .... day of.... 18... § 43. Affidavit of steward; vouchers.-There shall be attached to such treasurer's statement, the affidavit of the steward or other officer having like powers, to the effect that the goods and other articles therein specified were purchased and received by him or under his directions at the institution, that the goods were purchased at a fair cash market price and paid for in cash, and that he or any person in his behalf had no pecuniary or other interest in the articles purchased; that he received no pecuniary or other benefit therefrom in the way of commission, percentage, deductions or presents, or in any other manner whatever, directly or indirectly; that the articles contained in such bill were received at the institution; that they conformed in all respects to the invoiced goods received and ordered by him, both in quality and quantity. Such statement shall be accompanied by the voucher showing the payment of the several items contained in the statement, the amount of such payment and for what the payment was made. Such vouchers shall be examined by the comptroller and compared with the estimates made for the month for which the statement is rendered. If any voucher is found objectionable, the comptroller shall endorse his disapproval thereon, with the reason therefor, and return it to the treasurer, who shall present it to the board of managers for correction and immediately return it to the comptroller. All such vouchers shall be filed in the office of the comptroller. § 44. Purchases.-All purchases for the use of the state charitable institutions shall be made for cash and not on credit or time; every voucher shall be duly filled up at the time it is taken, and with every abstract of vouchers paid, there shall be proof on oath that the voucher was filled up and the money paid at the time it was taken. The board of managers shall make all needful rules and regulations to enforce the provisions of this |