L. 1923, chs. 362, 366.

County hospitals; chaplains.

§§ 47-94-a.

state commissioner of health for such erection or alteration together with the initial equipment shall first be approved by the state commissioner of health. Any changes in such location or plans shall also be first approved by the state commissioner of health and the state commissioner of health and his duly authorized representatives shall have the power to inspect such county hospitals during the course of their construction for the purpose of seeing that such plans are complied with. Plans for water supply, sewerage and sewage disposal shall be submitted to and approved by the state engineer. (Subd. amended by L. 1921, ch. 510, in effect July 1, 1921.)

§ 47. General powers and duties of managers.-9. Shall employ a county nurse, or an additional nurse or nurses if it deems necessary, for the discovery of tuberculosis cases and for the visitation of such cases and of patients discharged from the hospital and for such other duties as may seem appropriate; and shall cause to be examined by the superintendent or one of his medical staff suspected cases of tuberculosis reported to it by the county nurse, or nurses, or by physicians, teachers, employers, heads of families or others; and it may take such other steps for the care, treatment and prevention of tuberculosis as it may from time to time deem wise. (Subd. added by L. 1914, ch. 323, and amended by L. 1917, ch. 469, L. 1918, ch. 284 and L. 1921, ch. 130, in effect March 9, 1921.)

§ 48-a. Chaplains in Rensselaer county.-The board of supervisors of the county of Rensselaer is hereby authorized and empowered from time to time. to designate as chaplains to the Rensselaer county tuberculosis hospital in such county, known as the "Pawling Sanitarium," not less than two and not more than three chaplains, no two of such chaplains to be of the same. religious denomination, and to provide for their compensation and exsuch compensation shall not exceed the annual sum of four hundred dollars for each chaplain. (Added by L. 1923, ch. 366, in effect May 21, 1923.)

penses;

§ 50. Duties.

It seems that duties properly belonging to the clerk may be committed by the board to a member, even without a formal resolution adopted and recorded. Stetler v. McFarlane (1921), 230 N. Y. 400, 130 N. E. 591, revg. 181 App. Div. 957, 168 N. Y. Supp. 1131.

§ 94-a. Chaplains in Nassau County.-The board of supervisors of the county of Nassau is hereby authorized and empowered from time to time to designate as chaplains to the county jail in such county not to exceed persons. A chaplain of the county jail shall receive an annual salary payable by the county of two hundred and fifty dollars, which shall include expenses incurred by him in the performance of his duties. (Added by L. 1922, ch. 222, and amended by L. 1923, ch. 362, in effect May 21, 1923.)

two

all

§§ 141-152.

Treasurers.

L. 1921, ch. 158.

§ 141. Deputy county treasurers in certain counties.-The county treasurer of any county, having a population of less than fifty thousand ac cording to the last preceding state or federal census, may, when authorized by a resolution of the board of supervisors, appoint and at pleasure remove a deputy county treasurer, who shall perform all the duties and possess all the powers of a county treasurer, during his absence, or inability to act. The compensation of such deputy shall be paid by the treasurer out of the fees or salary allowed to him by law and shall not be a county charge, or the board of supervisors of such county may, by resolution, fix the compensation of such deputy and make it a county charge. The appointment of such deputy shall not release the treasurer from any liability in relation to the moneys in his hands or under his control, or in any manner affect such liability, but any default by such deputy shall be deemed a default of such treasurer, and he shall be liable therefor. The undertaking of the county treasurer required by section one hundred and forty of this chapter given after this chapter takes effect shall cover the acts and default of such deputy. In all other cases the county treasurer shall, before said deputy enters upon the discharge of his duties, give an undertaking with three or more sufficient sureties to the effect that such deputy shall faithfully execute the duties of his office and shall not make default therein, the amount thereof to be fixed and the same to be approved as provided in section one hundred and forty of this chapter for the fixing of the amount and the approval of the undertaking of the county treas(Amended by L. 1922, ch. 100, in effect March 10, 1922.)

urer.

§ 142. General powers and duties; treasurer.-3. Yearly and at such times as the board of supervisors shall by resolution require, make a true. written statement of his accounts generally, verified by his oath to be in all respects true, and file the same with the clerk of the county. (Subd. amended by L. 1921, ch. 158, in effect April 4, 1921.)

§ 152. County treasurer as trustee of cemetary lots.-Any person, persons or corporation owning or interested in a lot or lots in any cemetery in this state may create a trust in perpetuity for the maintenance of such cemetery lot or lots, the preservation of a building, structure, fence or walk in such cemetery, the renewal or preservation of a tomb, monument, stone, fence, railing or other erection or structure on or around any of such lots, or the planting or cultivation of trees, shrubs, flowers or plants in or about the same, or for any of such purposes, by transferring, conveying, devising or bequeathing to the county treasurer of the county in which such cemetery is located, or if such cemetery is located in a county wholly within a city, to the chamberlain of such city, real or personal property, and designating such county treasurer or chamberlain as trustee in the instrument creating such trust. Such instrument may direct that

L. 1922, ch. 283.

County clerk.

§§ 160, 161-a.

the income derived from such property shall be applied to one or more of the purposes specified in this section. A county treasurer or city chamberlain designated as trustee in pursuance of this section, must accept the property so transferred and shall cause the same to be invested in accordance with the terms of the trust, if any are prescribed, and otherwise shall invest and reinvest such property in securities in which savings banks are authorized to invest. The income derived from such property shall be collected by the county treasurer or chamberlain who shall be entitled to receive and deduct five per centum of such income for adminstering the trust. The balance of such income shall be paid by the county treasurer or chamberlain to the treasurer of the association or corporation owning or conducting such cemetery, and such association or corporation shall accept the same and apply the money so received, so far as the same may be applicable, in furtherance of the purposes for which such trust was created. In case the cemetery association should become extinct, then it shall be the duty of the supervisor of the town in which the cemetery is located, or the president of the village or mayor of the city, if it is located in a village or city, respectively, to receive the income from such trust and expend it for the purposes provided for in the instrument creating the trust. (Amended by L. 1922, ch. 253, in effect March 25, 1922.)

§ 160. Election, appointment, term of office and undertaking of county clerk.

Death of county clerk after re-election; successor can be appointed for unexpired term only; another clerk may be appointed on first of year to hold for that year.— Subdivision 2 of this section, providing that when a "vacancy" shall occur in the office of county clerk the person appointed as successor shall hold office until and including the last day of December succeeding the first annual election after the happening of the vacancy must be read in connection with section 42 of the Public Officers Law and the "vacancy" referred to in the County Law construed to mean a vacancy occurring when the term of the officer would not expire at the end of the current year. Accordingly, where a county clerk dies after reelection and before the commencement of his new term the Governor has power to appoint a successor for the remainder of the term only, and another person appointed at the beginning of the new term becomes the legal county clerk and entitled to the books, records and papers appertaining to the office. Matter of Hamlin (1921), 196 App. Div. 714, 188 N. Y. Supp. 326.

§ 161-a. Recording certificates of honorable discharge.—A certificate, issued since April sixth, nineteen hundred and seventeen, of the honorable discharge of any soldier, sailor or marine from the military, naval or marine service of the United States, may be recorded in any county, in the office of the county clerk. It shall be the duty of the county clerk to

record

any

such certificate, upon presentation thereof without the payment

of any fee. This section also applies to the county of New York. For any purpose for which such original honorable discharge may be required

$§ 167-203.

District attorney.

L. 1921, ch. 34. in the state of New York, a certified copy of such record shall be deemed sufficient and shall be accepted in lieu thereof. (Added by L. 1920, ch. 214, and amended by L. 1922, ch. 283, in effect March 27, 1922.)

§ 167. County clerks may receive certain papers for safe keeping.—(So much as relates to the register of deeds in the county of New York, repealed by L. 1921, ch. 227, in effect April 20, 1921.)

§ 202. Assistant district attorneys. In any county having, according to the last preceding state enumeration, more than forty-five thousand inhabitants, the district attorney may, when authorized by the board of supervisors, appoint a suitable person, who must be a counselor-at-law, in this state, and a citizen and resident of the county, to be his assistant. Every appointment of an assistant district attorney shall be in writing, under the hand and seal of the district attorney, and filed in the office of the county clerk; and the person so appointed, shall take and file with the clerk the constitutional oath of office, before entering upon his duties as such assistant district attorney. Every such appointment may be revoked by the district attorney making the same, which revocation shall be in writing and filed in the clerk's office. Such assistant district attorney may attend all criminal courts, and discharge any duties imposed by law upon, or required of the district attorney by whom he was appointed. And in any such county the district attorney may in like manner appoint any additional assistant district attorneys or detectives or stenographers or interpreters for his office whenever he is authorized so to do by the board of supervisors of any such county. The qualifications, regulations and powers of any such additional assistant district attorneys shall be the same as prescribed in this section in relation to an assistant district attorney. The salaries of any such officers so authorized to be appointed by the district attorney shall be fixed by such board of supervisors. (Amended by L. 1921, ch. 34, in effect March 4, 1921.)

§ 203. In Erie, Monroe, Onondaga, Rensselaer, Niagara, Albany, Columbia and Westchester counties.-The district attorney of Erie county and the district attorney of Monroe county may each appoint in and for his county, in the manner provided in the last section, and with like powers, such number of assistants as shall be fixed and determined by resolution of the board of supervisors. All of the persons so appointed shall be called assistant district attorneys. Each of said assistant district attorneys shall receive such salary as shall be fixed and determined by said board of supervisors. The district attorney shall designate in the order appointing such assistants the salary which each of such assistants shall receive, subject, however, to the limitations prescribed by such resolution of the board of supervisors. The three assistant district attorneys and the two deputy

L. 1923, ch. 601.

acts.

assistant district attorneys now in office shall continue to receive the same salaries that are now paid them until the board of supervisors shall by resolution fix and determine the salaries which such assistants and deputies shall receive pursuant to the provisions of this section. Said assistants shall severally take the constitutional oath of office before entering upon the duties thereof; and the district attorney shall be responsible for their Said district attorney may designate, in writing, to be filed in the office of the clerk of said county, one of his said assistants to be the acting district attorney in the absence from said county or other inability of said. district attorney; and the assistant so designated shall, during such absence or inability of said district attorney, perform the duties of the office. Such designation may be revoked by said district attorney in writing, to be filed in said county clerk's office. The district attorney of Monroe county and his assistants shall conduct, on the part of the people, all preliminary examinations in the police court of the city of Rochester, and, subject to the right of a complainant to appear personally or by attorney, all other prosecutions for crime therein; and may conduct prosecutions therein for violations of the penal ordinances of the said city, and appeals therefrom, and in such event one-half of the salary of such first assistant shall be a charge upon the city of Rochester and assessed back upon said. city by the board of supervisors of Monroe county; but the corporation counsel of the said city shall have the power to prosecute any person for the violation of an ordinance and to conduct proceedings therefor, or an appeal therefrom. The district attorney of Onondaga county may appoint in and for said county, in the manner provided in the last section, and with like powers, two assistants, to be called respectively the first and second assistant district attorneys, each of whom shall take the constitutional oath of office before entering upon the duties thereof; and the district attorney of said county shall be responsible for their acts. The district attorney of Westchester county may appoint in and for the county of Westchester, in the manner provided in the last section, and with like powers, two assistants, to be called respectively the first and second assistant district attorney, who shall severally take the constitutional oath of office before entering upon the duties thereof; and the district attorney shall be responsible for their acts; and the salary of each shall be fixed by the board of supervisors. The district attorneys of the counties of Erie and Onondaga may also appoint a person to act as interpreter at all sessions of the grand juries of such counties and of the city of Buffalo, whose compensation shall be fixed by the court in and for which such grand jury may be empaneled. The district attorney of the county of Monroe, whenever he is authorized so to do by the board of supervisors of such county, may appoint necessary interpreters who shall act as interpreters at all sessions of the grand jury in such county and for all county departments except the courts. The district attorneys of the counties of Erie and Monroe shall each be entitled