^■/s/^r\i ^imf^!riiQ\ ^'^i 'A:f^.f^mm nRHffi ^/fi^ \rs^k'f\'C:^'/:^. mm ^.^■, an nHf dm'P:^' '■5^H/ A-: ■ If w .-Vf ! ^fflr:'A'/=^ia'A i^Mi 'r^:n.. r%^^ memM'm B-r. /\ri r\n. 'o^hmmi. I ■KffJ ' S6dx) A'-^ iVo J -. * — (UnritFll ICam Bcl^aal Ctbrary Cornell University Library KFN5600.A3 1870 Code relating to the poor in the state o 3 1924 022 876 472 Cornell University Library The original of tiiis book is in tine Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924022876472 CODE EELATING TO THE POOR STATE- OR je]W YORK, OOSTAIHING SnOH LAWS OF A GENERit ANT)^^PECIAL NATURE m roBcs IK 1870 AS bslate to : SUPPORT AND MADSTTENANOE OP THE POOE FBXPAIIED BT OOmiSXLOB AT4i4X,_ ALBANY : WBBD, PAE60N8 AND COMPAHT, PTJBLI8HEBS. 1870. ea An act to amend article two of title five of chapter six of part three of ths Revised Statutes entitled "Of executions against property." Passed April 23, 1863. 10 RELIEF OF THE POOR. 2. An affidavit by one of such superintendents or over- seers that the real estate sought to be redeemed is held by such superintendents or overseers under such warrant and seizure, and that the same have not been discharged, annulled or reversed, but are then in full force. § 3, ch 473, 1862. Poor fluids. § 16. The Said superintendents or overseers shall, for the purpose of making such redemption, have power to use any moneys in their hands belonging to the poor funds of their respective towns or counties. § 4; same ch. Moneys § 17. The moueys which ma,j be used by them for the dempHon'^ purpose aforesaid, shall be repaid, together with interest thereon, at the rate of seven per cent per annum from the time of such redemption, out of the first moneys which may be received by them from the rent or sale of the premises so redeemed. § 3', same ch. When war- § 18. If such redemption shall be made, and the person ore may^te against whom the warrant Was issued and seizure made, diBciiargea. -m^jer the provisions of the said title one of chapter twenty of part one, shall apply to have the said warrant discharged, he shall, before such warrant and seizure shall be discharged, in addition to the security required to be given by section eleven of the said title, pay to such superintendents or overseers the sum so paid by them to redeem the said real estate, together with interest thereon, at the rate of seVen per cent per annum from the time of such redemption. § 6, same ch. BupeSi. § ^^- ^^ those counties where all the poor are a charge tendents. upou the county, the superintendents of thfe poor shall be vested with the feame powers, rights and authority as are hereinbefore given to the overseers of the poor of any town, in respect to eompelling relatives to maintain pau- pers, and in respect to tne seizure of the property of any parent absconding atid abandoning his or her family, and shall be entitled to the like actions and remedies in their names, and shall perform the duties hereinbefore required of overseers, and snbject to the same obligations and control. § 13, title 1, ch. 20, part 1, R. S. (1 E. 8. 616.) Panpere to § 20. Evcr^ poor person who is blind, lame, old, sick, be relieved. ijjjpQ^ent or decrepit, or in any other way disabled or en- feebled, so as to be unable by his work to maintain liim- self, shall be maintained by the county or town in which he may be, according to the following provisions. § 14, same title. r^^ctin § ^h ■'■* ^^*^ ^® lawful hereaftel- for the board of super- the nnmbOT visors in any county, at any annual meeting of such board, tenden*™' to direct by resolution that thereafter only one county 19 How. 651. superintendent of the poor shall be elected in and for such county, tvho shall hold his office for three years ; RELIEF OF THE POOR 11 biit in all counties wtere no such resolution shall have been passed, three county siiperiptendents of the pdor shall be elected. And after the board of Supervisors of any count J shall have, by resolition, dii'eicted that only- one superintendent of the poor shall be elected in and for such county, the said board may, at. any annual meet- ing thereof, revoke such resolution, and may, by resolli- tion, direct that thereafter three superintendents of the poor shall be electeid in and for such county. The super- intendent of the poor who shall be in office at the time of the adoption of the resolution hereby authorized, shall hold his' office (siibject to all provisions of law) iintil the expiriLtion of the term of office for which he was elected. If the term of office of such superintendent will expire Election of on the thirty-first day of December of the same yeai- of tenl^B. the adoption of said resolution, then three superintend- ents of the pooi" for said county shall be elected kt the next general election, whose term of office i-espectively shall be determined in accordance with the pifOvisionS of section three of said chapter four huhdi'ed and ninety- eight. If the term of office of the superintendent of the poor in office»at the time of the adoption of said resolu- tion will not expire during the year of the ado|)tion of said resolution, then, at the general election to be held next thereafter, there shall be elected two sujierihtendents of the poor for said county, and their term of office shall T«m of be determined in accordance with the provisions of sec- tion three of chapter four hundred ahd ninety-eight of the laws of eighteen hundred and forty-seven, but fot such term that the terms of the three superintendents of the poor shall so expire that one of them shall be to be filled at each annual election thereafter. In any county Whe:re such resolution has been ateady adopted, there shall be elected annually thereafter, at the general ielectibii in each year, one county superintendent of the poor, who shall hold his office for three years ; and, in bach of the counties of this state having a county poor house, the To appoint superintendent of the poor of such counties, or superiii- tfendents, if there be more than one, shall appoint a keeper or keepers of such county poor house, and shall have full power, at any time, to remove any keeper and apJ)oint another in his stead. And if the keeper of any Power to such poor house shall neglect or refuse to leavd the same, ^^Ji, or suri^ender to the superintetadent or guperintendents the possession of the same, when such pbS8essi(in is demanded, the said superintendent or superintendents shall have power and are hereby authorized to proceed against Said keeper in his or their name of office, and to remove said keeper from such poor house by summary proceedings, in 12 RELIEF OF THE POOR. Warrant of remoTal. SaTln^ claaso. Tenure of office aud clasBffica- tinn of flnpcrin- tendents. Vacancies, bo\r filled. Laws to apply. Repeal of inconelBt- entjaws. New York excepted. Vacancy in office of connty saperin- tendent. See ante ch. «8, 1S47, (sec. 23.) the same manner as is provided by article second of chap- ter eight of part third of the Revised Statntes, entitled " Summary proceedings to recover possession of land in other eases," so far as the same are applicable, except that it shall only be necessary for the superintendent to set forth in liis affidavit, or prove upon the hearing the following facts, to entitle him to the warrant of removal. 1. That the party commencing the proceedings is the superintendent or superintendents of the poor of the county. I 2. That the county has a county poor house, and that the keeper is in possession of such poor house, or living therein, and that he refuses to surrender up the posses- sion of such poor house, or remove from the same, after the possession shall have been demanded by such superin- tendent of the poor. But nothing in this act shall affect the tenure of office of any present incumbent. § 1, ch. 498, 1847, as amended by § 1, ch. 298, 1862. § 22. In counties where only one superintendent of the poor shall be chosen, he shall hold his office for three years, but in counties where three are chosen, one of the said superintendents so elected shall hold his office for one year, one for two years, and one for three years, and the clerk of the county shall,. on the first day of January after such election, determine by lot which" of said superin- tendents shall hold his office for one year, which for two, and which for three years, and annually thereafter there shall be elected one superintendent, who shall hold his office for three years. § 3, ch. 498, 1847. § 23. Boards of supervisors shall appoint connty super- intendents of the poor or county treasurers, to fill vacan- cies which may happen in such offices. § 4, same ch. § 24. All laws now in force, not inconsistent with the provisions of this act, applicable to county superintend- ents of the poor and county treasurers, shall apply to the officers elected or appointed pursuant to this act, and all laws and parts of laws inconsistent with the provisions of this act, are hereby repealed. § 5, same ch. § 25. None of the provisions of this act shall apply to the city and county of New York. § 6, same ch. § 26. In case any vacancy shall happen or exist in the office of superintendent of the poor in any county in this state, by death, refusal to serve, or otherwise, it shall be lawful for the first judge of the county in which such vacancy shall be, to appoint some proper person to fill the said vacancy, who shall hold and exercise the duties of the said office until the next annual meeting of the board of supervisors of such county, which appointment shall be in writing, signed by the said judge, and filed RELIEF OF THE POOR. 18 in the office of the clerk of the said county. § 1, ch. 299, 1835, amending act of April 25, 1832. § 27. Superintendents of the poor, hereafter to be when to elected at any annual election, shall enter on the duties their that shall arise concerning Toaeciae the settlement of any poor person summarily upon a respectuig hearing of the parties ; and for that purpose to issue "eWementB. subpoenas to compel the attendance of witnesses, and to administer oaths to them in the same manner, with the like power to enforce such process as is given to justices of the peace in any matter cognizable oy them ; their decisions shall be filed in the office of the county clerk within thirty days after they are made, and shall be con- clusive and final upon all parties interested ; 8. To direct the commencement of suits by any over- To direct seers of the poor who shall be entitled to prosecute for menceraits. any penalties or upon any recognizances, bonds or securi- ties taken for the indemnity of any town or of the county ; and in case of the neglect of any such overseer, to com- mence and conduct such suits without the authority of such overseers in their narpes ; 9. To draw, from time to time, on j;he county treasurer to draw on for all necessary expenses incurred in the , discharge of treasurer, their duties, which drafts shall be paid by him out of the moneys placed in his hands for the support of the poor ; 10. To render to the board of supervisors of their to account, county, at their annual meeting, an account of all moneys received and expended by them or under their direction, and of all their proceedings ; 11. To pay over all moneys remaining in their hands. To pay ovei within fifteen days after the expiration of their office, to """"^J*- 16 RELIEF OF THE POOR. the county treasurer or to their successors. § 16, title 1, oh. 20, part 1, K. S. (1 E. S. 617, 618,) Acconntsof | 39_ T]ie superintendents of the poor in the several thepoo^ counties in this state, shall audit and settle all accounts SH^ii!'55n°'' of overseers of the poor, justices of the peace and all 9Ba?b?'^; other persons, for services relating to the support, relief or transportation of countj' paupers ; and shall from time to time draw on the county treasurer for the amount of the accounts which they shall so audit and settle. § 1, ch. 26, 1832. Dntyof 8 40. Tlie town auditors in the several towns of this town " Boditore. state, shall examine the accounts of the overseers of the See Post, poor of such town, for all moneys received and disbursed §§89,90. jjy. tiieju^ and sliall meet for tlie purpose of examining the same, annually, in each town in this state, on the Tuesday precedincj the annual town meeting to be held in each town. Part of § 1, ch. 172, 1863. All town officers who receive or disburse any moneys belonging to their respective towns shall, on the last Tuesday pre- ceding the annual town meeting of their town, account with the board of town officers of sucli town for all moneys received and disbursed by them by virtue of their offices. Part of § 2, same ch. Anditors § 41. The Said board of town auditors shall make a acconnto. statement of such accounts, and append thereto a certifi- cate, to be signed by- a majority of the board, showing the state of the accounts of tiie said officers at the date of the certificate ; which statement and certificate shall be filed with the town clerk of the town, and be by him produced at the next annual town meeting, and publicly read. Part of § 3, same ch. Children to § 42. The Superintendents of the county poor-houses etang t. ^jjjg]^ jjq^^ g^^e or hereafter may be established by law, are hereby required to cause all county and town paupers, over the age of five and under the age of sixteen years, who now are or hereafter may be in said poor-houses, to be taught and educated, in the same manner as children are now taught in the common schools of this state, at least one-fourth part of the time the said paupers shall remain in said poor-houses. § 4, ch. 277, 1831. EipenBe. § 43. The expense of teachipg and educating the said • paupers shall be paid by the counties and towns, in the same manner as other contingent charges are paid for the support of said paupers. § 5, same ch. ph:^cia"* § *f- ^^ ^'^^^^ county where there is more than one 8eeiuite52i superintendent of the poor, and where there is a poor- house, the superintendents shall appoint a keeper and physician for the poor-house. Ch. 532, 1851. poS°S>aecB » ^?" ^'^? hoard of supervisors of any county in this £!BMb.84s. state in which a county poor-house is not already erected, may, at any annual or special meeting thereof, determine RELIEF OP THE POOR. 17 to erect such Ixotise for the receptioli of the poor of their county; and upon lilina; such determination with the clerk of the county, they may direct the superintendents of the poor of such county to purchase one or more tracts of land, not exeeedinoj two hundred acres, and to erect thereon one or more suitable buildings for the pur- pose aforesaid. To defray the expenses of such purchase ^^p*°»« and buildings, the said board may raise by tax, on the " ° ' real and personal estate of the inhabitants of the same county, a sum not exceeding seven thousand dollars, by such installments and at such times as they may judge expedient. The said tax shall be raised, assessed and collected in the same manner as the other county charges, and sha,ll be paid by the county treasurer to the superin- i ft. s. sn. tendents of the poor of the county, to be applied in defraying the expenses aforesaid. § 17, title 1, ch. 20, part 1, E. S. (1 E. S. 618, 619.) § 46. Tlie superintendents of coimty poor-houses, that ^"p?'^'?" , have been erected, or shall be erected, pursuant to any conntypoor law, shall be superintendents of the poor of their coun- see'n'it ties respectively, and shall possess all the powers, and be "«=''<«>• subject to all the regulations hereinbefore specified in relation to such superintendents. § 18, same ch. (1 E. g. (tl9.) § 47. No supervisor of any town, or county treasurer, snpervisnrs shall be elected or appointed to hold the office of super- treaenroV intendent of the poor, nor shall any superintendent of SfflVe'o^''''* the poor be appointed to the office of keeper of the poor- ^'^^'^{ house in any county of this state. Ch. 352, 1829, as amended 1853, ch. 80. § 48. All moneys which shall be received by the com- Excise missioners of excise in any town or city of any county "hen'to bo in which the supervisors shall have determined to abolish p*^„j° the distinction between town poor and county poor, shall treasurer, be by them paid over to the county treasurer, within thirty days after the receipt thereof: and they shall, at the same time, deliver a certified copy of the resolutions of the board of excise, by which the sum to be paid for licenses by grocers, tavern-keepers or others, shall be fixed. Any commissioner of excise neglecting the said PenMty. duty, or any part thereof, shall forfeit fifty dollars, to be ikt, rolat- recovered by and in the name of the superintendents of !pfg°**°'*' the poor of the county ; and shall, also, be liable to an action by and in the name of the county treasurer, for all moneys received by them, with the interest thereon, from the time the same should have been paid over. § 19, title 1, ch. 20, part 1, E. S. (1 E. S. 619, 620.) § 49. AU moneys which shall be collected by overseers Aito aii of the poor of any town, in a county where the poor are mmU* 3 18 RELIEF OF THE POOR. recelTed by overseers. 16 How. 260. Penalty. Notice of determina- tion of saperrlsora &c. 1 B. S. 620. Excise money, &c., iu otiier counties. See Laws 1807 relating to excise, post. Poor to be a county charge in certain conutics. Hee post, ''Counties.^ all a county charsje, from the relatives of any poor person bound to contribute to his support ; or from the sale of any personal property, or the rents and profits of .the real property of any person who shall abscond, leavins; a wife or children ; or received for any fines, penalties or for- feitures, which by law are directed to be applied to the support of the poor ; or collected on any bond or other security that shall be given for the benefitor indemnitv of any town, or of the overseers or inhabitants of such town ; and all other moneys which shall be received by such overseers in their oflSeial capacity, shall be by them paid 0%'er, within thirty days after the receipt of the same, to the county treasurer, for the benefit of the poor; and if not so paid, the same may be recovered in an action, to be brought 'by and in the name of the county treasurer, with interest at the rate of ten dollars on the hundred for a vear, from the time the same should have been paid. § 20, title 1, ch. 20, part 1. (1 E. S. 619.^ § 50. In those counties where the supervisors shall de- termine to abolish the distinction between town poor and county poor, and' to have all the poor a county charge, it shall be the duty of the clerk of the board of super- visors, immediately to serve notice of such determination on the overseers of the poor of every town in the county. Within three months after the service of such notice, the overseers of the poor of every town shall pay over all moneys which shall remain in their hands, after discharg- ing all demands against them as such overseers, to the county treasurer, to be applied by him towards the future taxes of such town. In case of n^lect to pay over such moneys, the county treasurer may maintain an action therefor, in which he shall recover interest on the moneys witheld, from the time they should have been paid over. § 21, title 1, ch. 20, part 1. (1 E. S. 619, 620.) " § 51. In those counties in which the distinction between county poor and town poor prevails, the excise money collected in any town, and all penalties given by law to the overseers of the poor, when received, shall be applied to the use of the poor of the town in which such money and penalties shall b^ collected. § 22, same title.- (1 E. S. 620.) § 52. In the counties of Warren, Washington, Saratoga, and Genesee, poor persons entitled to support as afore- said, shall be maintained at the expense of the said counties respectively ; and all costs and charges attending the examinations, conveyance, support, and necessary expenses of paupers within the said counties respectively, shall be a charge upon the said counties, without refer- ence to the number or expense of paupers wliich may be RELIEF OF THE POOR. 19 sent to the poor-ho\ise of said counties, from or by any of the towns therein. The said charges and expenses shall be reported by the superintendents of the poor of the said counties to the boards of supervisors therein respectively, and shall be assessed, levied and collected of and upon the taxable real and personal estate in the said counties, in the same manner as other county charges § 23, title 1, ch. 20, part 1, R. S. (1 E. S. 620.) § 53. The board of supervisors of any county in this when to state, at any annual meeting, or at any special meeting ilfSheV" called for that purpose, may determine to abolish all dis- gDCT?n,"i97. tinction between county poor and town poor in thei;* see§§M,55; counties respectively, and to have the expense of main-'^"*' taining all the poor a county charge; and upon tlieir filing such determination, duly certified by the clerk of the board, with the county clerk, the said poor shall be maintained, and the expense thereof defrayed in the manner prescribed in .the preceding section relative to the counties of Warren, Washington, Saratoga and Genesee. . § 24, same title. § 54. The said boards of supervisors shall have power. Town and and they are hereby authorized to abolish or revive the Snct?"" distinction between the town and county poor of such Jq^ST^wlu' county. Sub. 10 of § 4, ch. 194,"' 1849. seePoBU § 55. None of the powers prescribed in the last section powers, i.y shall be exercised except by a vote of a majority of all ^^^l ™'J;.. the members elected in the county, nor shall such powers e'sed- be exercised under the fifth, tenth and thirteenth subdi- vision of said section, without a vote of two-thirds of all the members elected to such boards. § 5, ch. 194, 1849-. § 56. When the supervisors of any county shall have Notice to be determined to abolish the distinction between county S'-Xt?- ,„o T Til/. It iiTi "^^ Den. 179. poor and town poor, the clerk oi the board shall serve a copy of the resolution making such determination, upon the clerk of each town, village or city, within such county. § 25, title 1, ch. 20, part 1.' (1 R. S. 620.) § 37. After *uch resolution shall be served, it shall be Excise the duty of the commissioners of excise in the several to^bepa*"'' towns of such county, and of the ofiicers of every city t°g™"°gj and village therein, to pay over to tlie treasurer of the county all moneys which shall thereafter be received for isHow.aoe. licenses to tavern keepers, retailers or grocers, and all f^^^li^ting moneys which shall be recovered as penalties for violating to excise, the excise laws or any other laws, and which are directed to be paid to the overseers of tlie poor. § 26, title 1, ch. 20. (1 R. S. 620, 621.) § 58. If any person, having in his hands any moneys Payment, directed to be paid to the county treasurer by the pre- peiTed."""' ■ » " An act to vest in the board of snpervisora .certain legislative powers, and to prdscribe their fees for certain services. Passed April 3, 1849. 20 RELIEF OF THE POOR. ceding section, shall neglect or refuse to pay the same within thirty days after demand thereof, the county treas- urer may maintain an action in his name of office for the recovery thereof, together with interest from the time of such demand. § 27, title 1, ch. 20, part 1, E. S. (1 E. S. 621;) Money, how § 59. It shall be lawful for the inhabitants of any town ^rtate'^"" in such counties as have abolished the distinction between county and town paupers, and in such counties as may hereafter abolish such distinction, at any annual or special town meeting, to appropriate all or any part of the moneys and fixnds remaining in the hands of the over- seers of the poor of such town after such abolition, to such objects, and for such purposes, as shall be determined on at such meeting. § 1, ch. 287, 1829. School ftmd »§ 60. If any such meeting shall appropriate such money or funds for the benefit of common schools in their town, the money so appropriated shall be denom- inated '• the common scho(5l fund of such town," and shall be under the care and superintendence of the super- visor of said town. § 2, same ch., as modified by § 29, ch. 179, 1856. Money Bnd *§ 61. If any such meeting shall appropriate such be™oiivered money or funds for the benefit of common schools, after viem?"' such "appropriation shall have been made, and after the ' supervisor shall have taken the oath of office, the over- seers of the poor of such towns shall then pay over and deliver to the said supervisor, such moneys, bonds, mort- gages, notes and other securities, remaining in his hands as such overseers of the poor, as will comport with the appropriation made for the benefit of common schools of their town. § 3, same ch., as modified. 8a«». »g 62. The said supervisor may sue for and collect, in his name of office, the money due or to become due on such bonds, mortgages, notes or other securities, and also all other securities by him taken under the provisions of this act. § 4, same ch., as modified. • ottiCT°coim- § ^^' ^^ *^^ other counties of this state, except the ties, how counties of "Warren, Washington, Saratoga, Genesee, and lee^°coun. thosc counties of which the board of supervisors shall a^k's^'k'" ^^® *^® determination aforesaid, the poor having a settle- ante. ' ' ment in any town in such county, shall be supported at the expense of such town, and the poor not having such settlement shall be supported by the county in which they may be. § 28, title 1, ch. 20, part 1. (1 E. S. 621.) Settlements § 64. Every person of full age, who, after this chapter 2Co^'^^' shall commence and take effect, shall be a resident and « In i| 3, 3, 4, of oh. 287, 1829, wherever the words " commissionerB of comm(iu echoes, or the word " cammissionets," occnr, such words or word have bcuu omittad, knd in place thereof tiie word snpervicior has beun snbBtitattd, RELIEF OF THE POOR. 21 inhabitant of any town for one year, and the members isjohn.sar. of his family who shall not have gained a separate settle- ^* ^° "**' ment, shall be deemed settled, in such town. A minor may be emancipated from his or her father, and may gain a settlement : As amended by § 8, ch. 320, 1830. 1. If a female, by being married and living for one Minor». year with her husband, in which case the husband's set- tlement shall determine that of the wife ; 2. If a male, by being married and residing for one year separately from the family of his father ; 3. By being bound as an apprentice, and serving one year by virtue of such indentures ; 4. By being hired and actually serving for one year for M«rrie4 li-'ji 1 • A i?j?ii women. wages to be paid to such mmor. A woman ot full age, by marrying, shall acquire the settlement of her husband, if he have any. And until a poor person shall have gained a settlement in his own right, his settlement shall be deemed that of his father or mother ; but no child born in any place used' and occupied as a residence for the poor of any town, city or county, shall gain any settle- * ment merely by reason of the place of such birth ; nor shall any child born while the mother is a couaty pauper, gain any settlement by reason of the place of its birth. I 29, title 1, ch. 20, part 1, R. S. (1 R. S. 621.) § 65. But no residence of any person as a pauper in onaiiilca- the county poor-house, or place provided for the support ^"cMon!*" of the poor, or in any town while supported at the expense of any other town or county, shall operate to give such pauper a settlement in the town where such actual resi- dence may be had. § 30, same title. § 66. No person shall be removed as a pauper from i k, s. ess. any city or town, to any other city or town of the same '"*f J^'^^ or any other county, nor from any county to any other remov«d, county ; but evei^ poor person shall be supported in the p^^ed.^' town or county where he may be, as follows : i5n!^.'s42; 1. If he hath gained a settlement in any town in such 7 Joims. 9*. county, he shall be maintained by such town ; 2. If he hath not gained a settlement in the county in which he shall become poor, sick or infirm, he shall be supported and relieved by the superintendents of the poor, at the expense of the county ; 3. If such person be in a county where the distinction between town and county poor is abolished, he shall in like manner be supported at the expense of the county, ^^^i^^ 341. and in both the cases aforesaid, proceedings for his relief i3B»rb.'599. shall be had as hereinafter directed ; 4. If such pauper be in a county where the respective towns are liable to support their poor, and hath gained a . settlement in some other town of the same county tlian 22 RELIEF OF THE POOR. that in which he may then be, he shall be supported at the expense of the town where he may be, and the over- seers shall jjive notice in writing to the overseers of the town to which snch pauper shall belong, or to one of them, requiring them to provide for the relief and sup- port of such pauper. § 31, title 1, ch. 20, part 1. (1 R. S. 622.) Proceed- § 67. If within ten days aftei* the service of such notice, determine the overseers to whom the same was directed shall not of'paiw' proceed to contest the allegation of the settletnent of such 1 Smith, 341 pauper, by giving the notice hereinafter directed, they, their successors, and the town which they represent, shall be forever precluded from contesting or denying such set- tlement. They may, within the time aforesaid, give notice, in writing, to the overseers of the town where such pauper may be, that they will appear before the county superintendents, at a place and on a day therein' to be specified, which day shall be at least ten days, and not more than thirty days, from the time of the service of such notice, to contest the said alleged settlement. § 32, same title. n>. . § 68. THie county superintendents shall convene when- ever required by any overseers, pursuant to snch notice, and shall proceed to hear and determine the controversy, and may award costs, not exceeding ten dollars, to the prevailing party, which may be recovered in any action before a court of competent jurisdiction. The decision of the superintendents shall be final and conclusive. § 33, same title. Towns, how § 69. The overseers of the poor of the town in which to™apport it may be alleged any pauper has gained a settlement, ismith^Mi '"^J) *t any time after receiving such notice requiring is'Barb.'eos! them to provide for such pauper, take and receive such pauper to their town and there suppsrt him. If they omit to do so, or shall fail to obtain the decision of the county superintendents, so as to exonerate them from the maintenance of such pauper, the charge of giving such notice, and the expenses of maintaining such pauper, after being allowed by the county superintendents, shall be laid before the board of supervisors at their annual 1 a. 8. 623. meetings, from year to year, as long as such expenses shall be incurred ; and the supervisors shall annually add the amount of the said chai'ges to the tax to be laid upon the town to which the pauper belongs, together with such sum in addition thereto, as will pay the town incurring such expenses, the lawful interest thereon from the time of expenditure to the time of repayment, which sums shall be assessed, levied and collected in the same manner as the other contiugeut charges of such town. The said RELIEF OF THE POOR. 23 moneys, when collected, shall be paid to the connty ti'eas- iirer, and be by him credited to the account of the town which incurred the said expenses. § 34, title 1, ch. 20, part 1, 1 E. S. 622, 623. § YO. The support of any pauper shall not be charged Proceed- to the county, without the sanction of the superintend- defermine ents. If a pauper be sent to the county poor-house, or Munfy* place provided for the f oor, as a county pauper, tlie paupers, superintendents in those counties where the respective towns are required to support their own poor, shall imme- diately inquire into the fact, and if they are of opinion that such pauper has a legal settlement in any town of the said county, they shall, within thirty days after such pauper shall have been received, give notice to the over- seers of the poor of the town to which such pauper be- longs, that the expenses of his support will be charged '' to such town, unless the said overseers, within such time as the said superintendents shall appoint, not less than twenty "days thereafter, show that such town ought not to be so charged. And on the application of the said overseers, the superintendents shall re-examine the mat- ter, and take testimony in relation thereto, and shall finallv decide the question ; which decision shall be con- clusive. § 35, same title. (1 R. S. 623.) § 71. In those counties where no county poor-house or a. in other place is provided, no person shall be supported where' there as a county pauper, without the direction of at least one Jong^P"""^ superintendent. In such cases the overseers of the poor of the town where such persons may be, shall immedi- ately give notice to one of the superintendents, who shall inquire into the circunstances ; and if he is satisfied that such pauper hath not gained a legal settlement in any town of the said county, he shall give a certificate to that effect, and that such pauper is chargeable to the county. He shall report every such case to the board of superintendents, at their next meeting, who may affirm such certificate, or may annul the same, on giving due notipe to the overseers of the poor of the town interested, and after hearing the allegations and proofs in the pre- mises. § 36, same title. § 72. If the superintendent to whom the overseers may ib. have given such notice, shall neglect or refuse to give the certificate aforesaid, the overseers may apply to the board of county superintendents, who shall summarily hear and determine the matter, and wiiose decision shall be conclusive. § 37, same title. § T&. The decisions of the board of county superin- i e. s,. 624. . tendents in relation to the settlement of any paupers, or Decisions of to their being-a charge upon the county, shall be entered ^opennton- 24 RELIEF OF THE POOR. effe^.'&c!''' ^'° books, to be provided for that pnrpose, and (Certified ^Barb.248. by the Signatures of such of the said superintendents as ■ make such decisions ; and a duplicate thereof, certified in the same manner, shall be filed in the county clerk's . office within tliirty days after the making of any such Dnpiicate decision. Such original duplicate, or a copy thereof duly ence gg^j-jflg^ shall be conclusive evidence of the facts therein contained. § 38, title 1, cl» 20, part 1, E. S. (1 E. S. 624.) Relief to g 74, "WTien any person shall apply for relief to any conotieB overseer ot the poor in any county where a poor-house is honMs.'""" established, or other place provided for the reception of i»John.a6i. the poor, any one of such overseers shall inquire into the state and circumstances of the applicant. If it shall ap- pear that the applicant is in such indigent circumstances as to require permanent relief and support, and can be safely removed, the overseers shall, by a written order, cause the poor person to be removed to the county poor- house, or to the place provided as aforesaid, to be relieved and provided for as the necessities of such applicant may require. If the said county be one of those where the respective towns are required to support their own poor, the overseers shall designate in such order of removal whetlier the pauper be chargeable to the county or not ; and if no such designation be made, such pauper shall be deemed to belong to the town whose overseers made such order. § 39, title 1, ch. 20, part 1, E. S. 624, as amended 1834, ch. 236. feSo?aUnd § J^' '^^^^ expense of such removal shall be paid on the temporary Certificate of the keeper of the poor-honse, or other place, T^ow! 857. countersigned as aforesaid, at the rate that shall have been prescribed by the superintendents ; and the overseers shall be allowed such sum as may have been necessarily paid out or contracted to be paid, for the relief or support of such pauper previous to the said removal, as the superin- tendents shall' judge was reasonably expended while it wa,s improper to remove such pauper, which sum shall be paid by the county treasurer on the order of the superin- tendents, and shall be charged to the county, if such pauper be a county charge, or to the town sending him, if he be not a county charge. § 40, same title. How (.np- § 76. The person so removed shall be received by the when^tobt superintendents, or their agents, and be supported and MBa?S relieved in the cQunty poor-house, or such other place as shall have been provided under the direction of the said superintendents, until it shall appear to them that such person is able to work and maintain himself, when the superintendents may, in their discretion, discharge him. § 41, same title. RELIEF OF THE POOR. 25 § T7. If it sTiall appear that the pereon so applying, Relief to requires, only temporary relief, or is eicb, lame, or other- wKInnot wise disabled, so tha,t he or she can not be conveniently to poJJJ^^^ removed to the county poor-house, or to such place as ^°y^ „ shall have been provided by the county superintendents, show. 39. any one of the overseers shall apply to a justice of the peace of the same town, who shall examine into the facts and circumstances, and shall in writing; order such sum to 1 e. s. eas. be expended for the temporary relief oi^ such poor person, as the circumstances of the case shall require; which order shall entitle the overseer to receive any sum he * ''°''- ***• may have paid out, or contracted to pay, within the amount therein specified, from the county treasurer, to See Post, be by him charged to the county, if such person be a ' ^^' county charge ; if not, to be charged to the town where such relief was afforded ; but no greater sum than ten dollars shall be expended or paid for the relief of any one poor person, or one family, without the sanction, in writing", of one of the superintendents of the poor of the county, which shall be presented to the county treasurer, with the order of the justice. § 42, same title, as amended, ch. 236, 1834. [And such overseers shall have the discre- tionai'y right to expend a sum not exceeding ten dollars, for the relief of one poor person or family, xinder section see Kings forty-two, title iirst, chapter twenty, part first of the gSmer?"*" Ke^sed Statutes, withotit any order from a justice of the "°^J"*^' peace therefor. But nothing in this section shall apply to the counties of Montgomery or Kings.] Part of § 1, ch. 180, 1845. § 78. Whenever any pestilence, or infectious, or con- PerBom tagious disease shall exist in any county poor4iouse in fnfections thiis state, or in the vicinity of any such county poor- ^if remo"e5 hou^e, and the physician of swch county poor-house shall ftom comity certify that such pestilence ordisease is likely to endanger ^°°'' °^""' the health of the persons supported at such poor-house, the Buperintendeijit of Such county poor house shall have power to cause the persons supported at such poor-house; or any of them, to be removed to such other suitable place in the same county as shall be designated by the board of health of the city, town or village within which such poor-house shall be, there to be maintained and pro- vided for at the expense of the county, with all necessary .medical care and attendance, until they can be safely returned to the county poor-house from which they were taken, or otherwise discharged. § 6, ch. 324, 1850. § 79. The city and county of New York, and the city Bicopiion. of Brooklyn, are hereby excepted from the provisions of this act. § «, ch. 324, 1850. § 80. If stolen property shall not be claimed by the 26 BELIEF OF THE POOR. TTnelalmed stolen prop' erty to be applied for use of the poor. Relief of pauper? in counties not having poor houses. See sec. 77. lb. Notice to be given in certain County paupers in counties having no poor-honsea owner thereof, before the expiration of six months from the time any person shall have been convicted of stealing such property, the magistrate, sheriff, constable or other officer or person having the same in his custody, shall deliver such property to the eonnty superintendents of the poor, on being paid the reasonable and necessary expenses incurred in the preservation thereof, to be appro- priated for the use of the poor of such county. § 34, article 3, title 7, ch. 2, part 4, E. S. (2 E. S. 747.) § 81. If application for relief be made in any of those counties where no county poor-hoijse, or other place shall have been provided as aforesaid for the reception of the poor, the overseers of the poor shall, with the assistance of some justice of the peace of the same town, inquire into the facts and' circumstances of the case, and shall make an order in writing for such allowance, weekly or otherwise, as the said justice and one ot the said over- seers shall think required by the necessities of such poor person. § 43, title 1, ch. 20, part 1, E. S. (1 E. S. 625.) § 82. If such pauper have a legal settlement in the town where such application is made, or in any other town of the same county, the overseers shall apply the moneys so allowed to the relief and support of such pauper ; the moneys paid by them,. or contracted to be paid, pursuant to snch order, shall be drawn by them from the ccfinty treasurer, on producing the said order, out of the funds in his hands belonging to such town. § 44, same title. § 83. If such pauper has no legal settlement in the same county, the overseers shall immediately give the notice hereinbefore directed, to one of the county super- intendents; and until the county superintendents shall take the charge of the support of such pauper, the over- seers shall provide for his relief and support, as aforesaid ; and the expense thereof, from the time of giving such notice to a county superintendent, shall be paid to the said overseers by the county treasurer, on the production of such order and of proof by affidavit of the time of the giving such notice, and shall be by him charged to the county. § 45, same title. § 84. Whenever the county superintendents take charge of the support of any county pauper, in tliose counties where no poor-house is provided, they may authorize the overseers of the poor of the town in which such pauper may be, to continue to support him, on such terms and under such regulations as they shall prescribe ; and there- after no moneys shall be paid to the said overseers for the support of such" pauper, without the order of the superin- tendents ; or the said guperintendents may remove such. RELIEF OF THE POOR. 27 pauper to any other town, and there provide' for his sup- port, in.fiUch manner as they shall deem expedient. § 46, title 1, ch. 20 part 1, E. S. (1 R. S. 625.) § 85. In those counties where the respective towns are i e. s. 626. required to support their own poor, the county treasurers Acconnts thereof shall respectively open and keep an account with hdand "(T" each town, in which the town shall be credited will all JS^'oor, moneys received from the same or from its officers, and ij^J"""'/ shall be charged with the moneys paid for the support of leHow.aeo. the poor chargeable to such town. And if there be a ^^ '*■ ^™' county-poor house, or other place provided in such county for the reception of the poor, the superintendents of th^ poor of the county shall, in each year before the annual meeting of the board of supervisors of such county, fur- nish to the county treasurer a statement of the sums charged by them, as hereinafter directed, to the several towns for the support of their poor, .which shall be charged to such towns respectively, by the county treasurer in his accounts. § 47, same title. § 86. In those counties in which a poor-hoiise shall be Account? established or a place provided by the superintendents J'Jndent""" for the reception of the poor, and in which the several 22B»rb.348. towns shall be liable for the support of their poor respect- ively, it shall be the duty of the superintendents, annu- ally, and during the week preceding the annual meeting of the board of supervisors, to make out a statement of all the expenses incurred by them the preceding year, and of the moneys received, and exhibiting' the deficiency, if any, in the funds provided for the defraying such ex- penses; and they shall apportion the said deficiency among the said several towns, in proportion to the number and expenses of the paupers belonging to the said towns ' respectively, who shall have been provided for by the said superintendents, and shall charge the said towns with said proportions, which statement shall be by them de- livered to the county treasurer, as before directed. § 48, same title. § 87. At the annual meeting of the board of super- to be \aid yisors, the county treasurer shall lay before them the pl^'so™! account so kept by him ; and if jt shall appear that there Balances, is a balance against any town,. the said board sliall add howcoi-' the same to the amount of taxes to be levied and col- lected upon such town, with the other contingent ex- penses thereofj together with such a sum for interest, at tlie rate of seven dollars on the hundred, as will reim- burse and satisfy any advances that may be made, or that may have been made, from the county treasurer for such town, which moneys, when collected, shall be paid to the ■ county treasurer. § 49, same title. 28 RELIEF OF THE POOR. Eipense of § 88. Th'e Superintendents of the poor in each county ™SStf'"^ shall annually present to the board of supervisors, at their defrayed!' annual meeting, an estimate of the sum which in their 9 Barb. 2G0. opinion will be necessary during the ensuing year, for the support of the county poor ; and the said supervisors shall cause such sum as they may deem necessary for that purpose, to be assessed, levied and collected, in the same manner as the other contingent expenses of the county, to be paid to the county treasurer, and to be by him kept as a separate fund, distinct from the other funds of the county. ^ 50, title 1, ch. 20, patt 1, K. S.. (1 E. S. 626.) 1 R. 9. 627. _ g g9_ In those counties where there are no cdunty Acconnta of poor-houses established, the overseers of the poor of the overseers of r , ,ti .iiiT_»jji. poor in respective towns shall enter m books, to be providea at cCa'nties. the cxpcnse of their towns, an account of all matters transacted by them relating to their official duties; of all moneys received by them, specifying from whom and on what account ; of all moneys layed out and disbursed by them, to whom and by what authority, and specifying in each case whether to county poor or to town poor ; the names of all persons applying for relief and ordered to be relieved, as aforesaid ; the day and year when they were admitted to have relief; the weekly or other sums of money allowed for that purpose, and the cause of giv- ing such relief § 51, same title. How 8 90. On Tuesday next preceding the annual town audited ".. • ,•< -^ "j>ii -lii and setued. meeting 01 every town, the overseers oi the poor shall lay thfe said original books before the board of town auditors, together with a just and true account of all moneys by them received and expended for the use of the poor, and in what manner, together with an account of the earnings of the poor persons by them employed; which account shall be verified by the oaths of the over- seers, and shall be filed with the town clerk. The board of town auditors shall compare the said account with the entries in the poor books aforesaid ; shall examine the vouchers in support thereof, and shall audit and settle the same, and state the balance due from such overseers, or to them, as the case may be. No credit shall be allowed to any overseer for moneys paid, unless it shall appeal* that such payment was made pursuant to legal order. § 52, same title. Pen»ity. § 91. Eveiy person who, having been an overseer of the poor, shall refuse or neglect to present such original books, or to exhibit such accoants to the board of town auditor^, as required in the last section, shall forfeit the sum of two hundred and fifty dollars, to be recovered by and in the name of the overseei's of the poor of such town. § 53, same title. RELIEF OF THE POOR. 29 § 92. In those counties where the respective towns are Acconnta made liable for the support of their poor, it shall be the ma^eVto duty of tliQ town clerk to exhibit, at the annual town .^^,^^^^ meetings, the accounts for the support of the poor therein, meeting, the preceding year, as the same shall have been allowed '"'" ' and passed by the board of town auditors, which accounts shall be openly and distinctly read by the clerk of the meeting ; and the overseers of the poor shall also present an estimate of the sum which they shall deem necessary to supply any deficiency of the preceding year, and to provide for the support of the poor for the ensuing year. § 54, title 1, ch. 20, part 1, R. S. (1 E. S. 627.} § 93. The inhabitants of such town shall thereupon. Expense by a vote of a majority of the persons qualified to choose S'g'towS'^'' town officers, determine upon the sum of money which g™^^- ^°^ shall be assessed upon the said town the ensuing year, for lemiw.aiio. the purpose aforesaid. The sum so voted, when* raised and collected, in those counties where a county poor-house or other place shall have been provided for the reception i R- s. ess. of the paor,- shall be paid to the county treasurer, and by him placed to the credit of the town ; in all other coun- ties the sum so voted by any town shall be paid to the overseers of the poor thereof. § 55, same title. (1 E., S. 627, 628.) *§ 94. The overseers of the poor in the cities of Albany, Duty of Hudson, Troy and Schenectady, shall lay their books SI poo" "' before, and render their accounts to, the common councils of the said cities respectively, from time to time, as shall be required ; the common councils of such of the said Duty of cities as shall be liable tor the support of their own poor, cSun"??]" shall yearly determine the sum of money to be raised in coiumbm ^' such cities respectively, for the support of the poor for and Eensse- the ensuing year, a certified copy of which shall be laid ties, poS! before the board of supervisors of the county, who shall cause the same to be assessed, levied, collected and paid to the county treasurer. § 56, same title, as amended by ch. 70, 1853, and by § 9, title 10, ch. 463, 1860. § 95. The accounts of overseers of the poor, and of Compensa- justices of the peace, for any personal or official services overseers rendered by them, in relation to the poor, shall be audited and jastices and settled by the board of supervisors, and the sums thus audited and allowed shalkbe paid by the county treasurer ; and if such services were rendered in behalf of any town liable ta support its own poor, the same shall be charged to such town. No allowance for time or services shall be made to any officer for attending any board with any accounts, for the purpose of having the > Chapter 70, 1853, amending this eection, is repealed by $ 9, title 10, ch. 463, ISiJO. 80 RELIEF OF THE POOR. same audited or paid. § 57, title 1, ch. 20, part 1, E. P. (1 R. S. 628.) remoiin'"' § ^^- "^^J P^i^on who shall Send, carry, transport, Acjanpe're remove or bring, or who shall cause to be sent, carried-, 85N.T.i«! transported, brought or removed, any poor or indigent person, from any city, town or county, to any other city, town or county, without legal authority, and there leave such poor person, with intent to make any such city, town or county, to which the removal shall be made, charge- able with the support of such pauper, or who shall entice any such poor person so to remove, with such intent, shall forfeit fifty dollars, to be recovered by and in the name of the overseers of the poor of the town to which such pauper shall be brought or removed, or in the name of the superintendents of the poor of the county into which the said poor person shall be removed; and shall more- over be deemed guilty of 9. misdemeanor, and, on convic- tion, shall be imprisoned not exceeding six months, or fined not exceeding one hundred dollars, or both, in the discretion of the court. § 58, same title, ui'm to^' § ^'^- '^^® pauper so removed, brought or enticed, shall compel be maintained by the county superintendents of the ap'an'i'cr'' county whcrc he may be. They may give notice to either 35 n" yI^i^. ^^ the overseers of the poor of the town from which he was brought or enticed, if such town be liable for his 1 R. s. 629. support ; and if there be no town in the county from which he was brought or enticed, liable for his support, then to either of the county superintendents of the poor of such county, informing them of such improper removal, and requiring them forthwith to take charge of such pauper. § 59, same title. (1 R. S. 628, 629.) lb. § 98. The county superintendents, or the overseers to whom such notice may be directed, shall, within thirty days after the service thereof, take and remove the pauper so brought or enticed to their county or town, and there support him, and pay the expense of such notice, and of how'"*^' ^■^^ support of such pauper ; or they shall, within the contested. Said time, by a written instrument under their hands, notify the county superintendents from whom such notice was received, or either of them, that they deny the alle- gation of such improper enticing or removal, or that their town is liable for the support of such pauper. § 60, same title. ^ Nejiectto § 99. If there shall be a neglect to take and remove KNl^T.itt. such pauper, and also to notify such denial, within the time above prescribed, the said county superintendents and overseers respectively, whose duty it was so to do, their successors and their respective counties or towns, sliall be deemed to have acquiesced in the allegations RELIEF OF THE POOR. 31 contained in such first notice, and shall be forever pre- cluded froni contesting the same ; and their counties and towns respectively, shall be liable for the expenses of the support of such pauper, which may be sued for and recovered, from time to time, by the county superintend- ents incurring the said expenses, in actions against the superintendents of the poor of the county or the over- seers of the poor of the town, as the case may be, so liable for such expenses. ' § 61, title 1, ch. 20, part 1, E. S. (2 E. S. 629.) § 100. Upon the service of any such notice of denial, fo"hj^''®° the county superintendents upon whom the same may be ^'■S^"^\^^. served shall, within three months, commence a suit aginst the overseers of the poor of the town, or the county super- intendents of the poor of the county, to whom the first notice was directed, or against their successors in ofBce, for the expenses incurred in the support of such pauper, and shall prosecute the same to efiect ; if they neglect to do so, they, their successors and their county, shall be forever precluded from all claim against the county or town to whose oflBcers such first notice was directed, or any of their ofiicers, for any expenses that may have been or may be incurred for the support of such pauper. § 62, same title. § 101. Every county superintendent who shall neglect Penalty to render any account or statement to the board of super- tendentsi"'i visors, as herein required, or to pay over any moneys, "ffalr'ac" within the time prescribed by law, shall forfeit two hun- co^ts. *<=• dred and fifty dollars, to be sued for and recovered by and in the name of the county treasurer. The superin- tendents shall also be liable to an action, either jointly or severally, by the county treasurer, for all moneys which shall be in their hands after the time thb same should have been paid over, according to law, with inter- , x, g 530 est thereon at the rate of ten dollars upon the hundred for a year, from the time when the same should have been paid over. § 63, same title. (1 E. S. 629, 630.) § 102. Any person who shall bring or remove, or cause Penalty, to be brought or removed, any poor or indigent persoir, from any place without this state, into any county or town within it, and there leave or attenlpt to leave such person, with intent to make such county or town charge- 4Denio,B72 able with the support' of such pauper, he shall forfeit and ^^j^^, fa! pay fifty dollai's, to be recovered before any justice of n '^- iW' the peace of the county in which such pauper shall be . brought, to be sued for and recovered by and in the name of the superintendents of the county poor of said county, or by the overseers of the poor of the town into which such pauper shall be brought ; and moreover, shall be 82 RELIEF OF THE POOR. obliged to convey such pauper out of the state, or sup- port him at his own expense : and it shall be lawful for the justice before whom any person shall be convicted for a violation of this act to require of such person satisfactory security that he will, within a reasonable time, to be named by the justice, transport such pauper out of the state, or indemnify the town or county for all charges and expenses which may be incurred in the sup- port of such pauper ; and if such person shall refuse to give such security when so required, it shall be the duty of the justice to commit him to, the common jail of the count}-, for a term not exceeding three months. All pen- alties recovered under this act shall be applied as directed in the sixty -fifith. section (section 103) of the law hereby amended. '§§ 1 and 2, ch. 277, 1831, substituted for § 64, repealed ; title 1, ch. 20. (1 K. S. 630.) otS^o™' § ^^^- -^^^ penalties imposed by this title shall be for penalties, the benefit ot the poor ; when recovered, they shall bo appiicauon. paid to the county treasurer, and by him credited to the town by whose officers they have been collected, if such town be liable for the support of its own poor, or to the county, when collected by the county superintend- ents ; if not paid by the person collecting the same, when demanded by the county treasurer, he may maintain an action therefor in his name of office. § 65, title 1, ch. 20. (1 R. S. 630.) OverMsers § 104. Whenever it shall be made to appear to the penalties, satisfaction of any overseer of the poor, either upon com- plaint or otherwise, that a penalty has been incurred by the violation of any provisions contained in the statutes of this state, which such overseer is directed by law to collect, it shall be his duty immediately to commence a suit for such penalty, and to prosecute the same diligently to effect. § 66, same title. Allowance § 105. In auditing the accounts of the overseers of tor M^tV!"^ t^ie poor by the board of town auditors, allowance shall be made to them for all costs to which they may have been subjected, or which shall have been recovered against them in any suit brought by them pursuant to law; and they shall also be allowed the same daily pay for attending to any such suit as is allowed them for the performance of their official duties. § 67, same title. lb. § 106. Such allowances may be credited to them in their accounts for moneys collected for penalties, and may be deducted from such moneys ; and the balance of such . penalties shall be paid to their successors in office, or to the county treasurer, as dii-ected by law in respect to such penalties. § 68, same title. RELIEF OF THE POOR. 33 § 107. If there be not sufficient moneys in tbeir hg^nds Aijo^^nce to satisfy sucli allowances, the same shall be paid as other forTOsta?" town charges. § 69, title 1, ch. 20, part 1, R. S.; (i I^. S. 630.) S 108. Where, by the existing 'laws, any poor persons certain o •.■II,'' i. ° i_ .L i paupers. are maintained by any county, or by two or more tov^is, , they shall continue to be so maintained, ■ § TO, same title. § 109. Where by virtue of any special act of the legis- ^ K. s. 63i. lature any one or more towns have erected a town poor- Town poor- house, the same shall be continued, and the poor of such ^°^^^^- towns, respectively, may be supported therein by the over- seers of the poor of the town. § Yl, same title., (1 K. S. 631.) , . §110. The following property shall be exempt from Poorhonsea taxation : Every poor-house, alms-house, house of Indus- froia^lx™'' try, and every house belonging to a company incorporated ''°°' for the reformation of offenders, or to improve the moral condition of seamen, and the real and personal property used for such purposes belonging to or connected with the same. Sub. 4 of § 4 of title 1, ch. IS, part 1, R. S. p. 388, as amended, by ch. 1?^, 1866. . § 111. Every poor-house, . almshouse., or other place Poorhonsea provided by any city, town or coimty, for the reception ftSin'^ taxe^! and support of the popr, and all real and personal prop- ante!""' erty whatever, belonging to or connected with the same, shall be exempt from all assessment and taxation, levied either by the state, or by. any county, city, town or vil-' lage; and the keeper of every poorrhouse, alms-house, or Keepers other place provided as aforesaid, shall be exempt from toTj'uries, all service in the militia, fronj serving on juries and from *°- all assessments for labor on the highways. § 72, title 1, ch. 20, part 1, R. S. § 112. In those counties where poor-houses may be Hiotsand established, the superintendents may provide for the sup-'^seTLunktic port of paupers that may be idiots or lunatics out of such J^yiu^j' poor-house, in si^ch- manner as shall best promote: the post, interests of the county and conduce to the comfort and recoyery of such paupers. § 73, same title, , §113. Whenever any town shall have any moneys invested raised for the support of the poor invested in the name of mone^. the overseers of the poor of such town, the said overseers shall contii,iue to have the control thereof, and shall apply the interest arising therefrom to the support of .the poor of their town so long as such town shall be liaWe to sup- port its own poor ; and if the town shall be relieved from the liability to support its own poor, by a vote of the supervisors of the county, the moneys so raised and in- vested shall be applied to the payment of such, taxes upon the town as the inhabitants thereof shall at an annual town meeting determine, § 74, same title. 5 34 RELIEF OF THE POOR. Beports hj connty flnpenn- tendents to secretary of state. Report; when and how to be made. Penaltj' for neglect. This act to be published with forms. Reports by sapervlsors of towns supporting their own poor. '§ il4. It shall be tte duty of the superintendenta of the poor of every county in this state, during the month of December in each year, to report to the secretary of state, in such form as he shall direct, the number of paupers that have been relieved or supported in such county the preceding year, distinguishing the number of county paupers from the number of town paupers, if any ; the whole expense of such support, specifying the amount paid for transportation of paupers, and any other items which do not compose any part of the actual expense of maintaining the paupers, and the allowance made to superintendents, overseers, justices, keepers and officers ; the actual value of the labor of the paupers maintained, and the estimated amount saved in the expense of their support in consequence of their labor. § 75, title 1, ch. 20, part 1, R. S. (1 R. S. 631.) •§ 115. In addition to the reports which the superin- tendents of the poor in the several counties in this state are now required by law to make, it shall be their duty, in the month of December in each year, to report to the secretary of state, in such form as he shall direct, the sex and native country of every pauper who shall have been relieved or supported by them during the year preceding the day on whichsuch report shall be made, together with a statement of the causes, either direct or indirect, which have operated to render such person a pauper, so far as the same can be ascertained, together with such other items of information in respect to the character and con- dition of such paupers as the secretary of state shall direct. § 1, ch. 214, 1842, as amended ch. 100, 1849. ■§116. The same penalty for the neglect of any super- intendent of the poor to comply with the provisions of this act as are prescribed in section seventy-eight (section 120), title one, part one, chapter twenty of the Revised Statutes, shall be imposed on such superintendent for such neglect. § 2, same ch. »§ 117. The secretary of state shall cause this act to be published, together with such forms and instructions for its execution as he shall deem necessary, and cause the same to be distributed to the superintendents of the poor of the several counties in this state, the expense of which shall be paid by the treasurer on the warrant of the comp- troller ; and the secretary of state shall annually report to the legislature the results of the information obtained in pursuance of this act. § 3, ch. 214, 1842. § 118. It shall be the duty of the supervisors of every town, in those counties where all the poor are not a county charge, to report to the clerk of the board of supervisors, within fifteen days after the accounts of the overseers of • By chapter 424, 1870, the provisions of sections 114-180 of this Code are ex- tended. See poet, JS 1338 to RELIEF OP THE POOR. 35 the poor liave been settled by the board of town auditors, |g^'^^^ in each year, an abstract of all such accounts for the pre- ante, p. at' ceding year, which shall exhibit the niiraber of paupers that have been relieved or sVipported in Such town the preceding year, specifying the number of county paupers, and of to\^n paupers, the whole expense of ^uch support, and specifying the allowance made to overseers, justices, constables, or other officers, and any other items which shall not comprise any part of the actual expense of maintaining thfe paupers. § 76, title 1, ch. 20, part 1, R. S. (1 R. S. 631, 632.) § 119. The said abstracts shall be delivered by the DntTof ■ clerk of the board of supervisors to the county superin- supervisors, tendenta, to be included by them in their report aforesaid, ^ite"* ^m' § 77, .same title. (1 R. S. 632.) ' ' § 120. Any superintendent, supervisor or clerk, who ^1°,"'^^^°^ shall neglect or refuse to make such reports, abstracts or for fatso copies aforesaid, or who shall willfully niake any false see'noteo, report, abstract or copy, shall forfeit one hundred dollars, *°" p- **• to be recovered by the district attoi'ney of the county, in the name of the people of this state, and to be paid into the county treasury for the benefit of the poor thereof. The secretary of state shall give notice to the district attorney of the county of every such neglect or miscon- duct ; and it shall be the duty of the district attorney, on receiving such notice, or in any way receiving satisfactory information of such neglect or misconduct, to prosec'iite for the recovery of such penalties. § 78, same title. § 121. The secretary of state shall annually lay before ^eaelary''' the legislature, during the first month of its session, an of state. abstract of the said returns and reports. § 79, same title. § 122. In those counties where there is no county poor- Pon house, or other place provided for the reception of the wheuto'be poor, the moneys raised and collected in the several towns Jiverseere^' for . the support of the poof shall be received and dis- bursed by the overseers of the poor in such towns respect- ively. § 80,* same title. §123. It shall be the duty of the commissioners of mmlls. excise of the several towns in those counties where there J'^cliVla'" is no county poor-house or other place provided for the by them. , . ^ A. i J. ii. J? iV, See excise reception or the poor, to pay over to the overseers of the laws, 1857 poor in their respective towns all moneys received by ^jt!^™' them by virtue of their offices. § 81," same title. j^, § 124, In those counties where no county poor-house f"**^'.™ or other place shall have been provided for th«^ reception post. ' of the poor, and where the distinction of town and county poof is not abolished, it shall be.the duty of the commis- » Added to the title by cbapter 320 of 1830, ana nambered sections 80, 81, 83. 36 RELIEF OF THE POOR. Keeping of the poor not to be pnt up at suction, &c. Overseers, their namber and how chosen. 5 N. Y. 23. SlWend.181 Overseers, their nam- ber, how Sxed. Temporary relief: Not appli- cable to Montgom- ery or Kings county. Mode of choice. sioners of excise in the several towns to pay all moneys received by them by virtue of their offices to the over- seers of the poor in their respective towns. § 82," title 1, ch. 20, part 1, R. S. (1 R. S. 632.) § 125. It shall not be lawful for any officer whose dnty it may be to provide for the maintenance, care or support of poor and indigent persons at public expense, to put up at auction or sale, the keeping, care or maintenance of any such poor or indigent person, to the lowest bidder ; and every contract which may be entered into for the support, care or maintenance of any such poor or indi- gent person, in pursuance of or accordance with any bid or bids made at any auction or public competition for the support, care or maintenance of any su<;h poor person, shall be absolutely void. Part of ch. 176, 1848. § 126. There shall be chosen, at the annual town meet- ing in each town, one supervisor, one town clerk, one assessor, one collector, one or two overseers of the poor, one, two or three commissioners of highways, and not more than five constables ; but nothing herein contained shall prevent the election, at such town meeting, of any greater number of the officers respectively herein speci- fied, or of any officer not herein specified, where the power to elect such greater number, or such other officer or officers, has hitherto been conferred by any statute other than the section hereby amended, nor shall anything herein contained authorize the election of overseers of the poor in any town in the counties of Richmond or Kings. § 3, article 1, title 2, ch. 11, part 1, R. S., 340, as amended by § 6, ch. 522, 1865, and by § 1, ch. 30, 1866. § 127. The electors of each town shall have the power, at their annual town meeting, to determine whether they will choose one or two overseers of the poor, and the number determined upon shall be the number to be elected. And such overseers shall have the discretionary right to expend a sum not exceeding ten dollars for the relief of one poor person or family, under section forty- two, title first, chapter twenty, part first, of the Revised Statutes, without any order from a justice of the peace therefor. But nothing in this section shall apply to the counties of Montgomery or Kings. § 1, ch. 180, 1845. § 128. The overseers of the poor shall be chosen bv ballot. Part of § 2, article 1, title 3, ch. 11, part 1, R. S. (1 R. S. 344.) [And shall hold their offices for one year, and until others are chosen or appointed in their places and have qualified.] § 30, art. 2, title 3, ch. 11, part I, R. S. (1 R. S. 347.) • Added to the title by chapter MO of 1830, and numbered sections 80, 81, 8*. RfE];.I3^Fj^P^ THE P,0,Op, * 37 ^, §, 129; No person ?ltigjll be eligible to auy town ofEpe, who T^nless he shall be f^ni' ejlector qi the^town'for which he ^^^^^ shall be -chosen. § 11,' article 2, titlb 3, ch. 11, part 1, E. g. (1 R. S. 345 ) - § 13p. Evei-y person ohosen or appoint6,d to-the office oath of of overseer of the poor, before he enters, oh' the duties of "'''™" hie office, arid Yit'^i'i ten days after he .shall be notified of his election oB appointment, shall take and' subscribe, before so'me justice of the peace or commissioner'of deeds, thooath of office prescribed in the sixth article gf the onstitutibn of this state. [Art. 12, § 1,' Const. 1846.] Part of § 1 3, same attiele. ib. ' §131. Such oath, shall be adrijinistered without reward, and the justice or coirimi"ssioner, before whoni the same shall be taken, shall also, without reward, certify, in writing, the day and* year when the sanie was taken, and shall deliver such certificate to the person by whom the oath was made. § 14, same article. Town ciork _ § 132. The oath of office of ariy town officer, except terSia."'"' justices of the peace and coriimissioners of deeds, niay be subscribed and sworn before tlie town clerk of the town in which such Ofiicer shall be elected ; such oath shall be administered and certified without fee or reward. Ch. 172, 1838. n.. § 133. Such person, within eight days thereafter, shall cause the certificate to be filed in the office of the' town clerk. § 15, art. 2, title 3, ch. 11, part 1, R. S. (1 E. S. 345.) § 134. If any person chosen or 'appointed to either of Neglect to the town offices above enumerateid shall not take and **''«''**''• subscribe such oath, and cause the certificate thereof to be filed as above required, such neglect sh^,!! be deemed a refusal to serve. § 16, same article. I § 135. If any town officer who Is required by law to Penalty for take the oath of office shall enter upon the duties of his out oath?*' office before he shall have taken sUch oath, he shall forfeit to .the town the sum of fifty dollars. § 29, article 2, title 3, ch. 11, part 1, E. S. (1 E. S. 347.) §136. Every person hereafter elected or appoirited to overBeew the office of overseer of the poor in the several towns of givlbonl. this state, within ten days after being notified of his election or appointment, shall execute to the supervisor of the town a bond, with one or'more sureties, to be ap- proved by such supervisor, conditioned that he will faith- fully discharge the duties of his office, and' will pay, according to law, all moneys which shall come into hiis hands as such overseer. § 1^ Ch. 269, 1855. § 137. Such bond, with the approval of the supervisor to he filed indorsed thereoti, shall, within five days thereafter, be filed }oii??c°erk. in the office of the town clerk of such town. § 2, same ch. 38 RELIEF OF THE POOR. 1 K. S. 347. Penalties for refusing to serve. rompenea- tion to overeeers. If tniTO neirleot to choose, ju(»t1ce8 to appoint. IS .1. R. 4«. 18Wend.516 1 R. S. 348. Appoint- ment, where filed, &c. Refiiniation of town officers. Special lown meeting to supply vacancleB. 2 am, 369. lb. when jastlcep to appoint. Other vacancies. 18Weiid.G16 § 138. If any person, chosen or appointed to the office of overseer of the poor, shall refuse to serve, he shall for- feit to the town the sum of fifty dollars. § 25, 1 E. S. 347. § 139. The following town officers shall be entitled to compensation, a,t the following rates, for each day actu- ally and necessaijily devoted by them to the service of the town in the duties of their respective offices : The over- seers of the poor shall receive two dollars per day for each day's service performed by each or either of them. Part of § 3, ch. 615, 1857, as amended by § 2, ch. 242, 1870. § 140. If any town shall neglect at its annual town meeting to choose its proper town officere, or either of them, it shall be lawful for «ny three justices of the peace of the said town, by warrant under their hands and seals, to appoint such officers ; and the persons so appointed shall hold their respective offices until others are chosen or appointed in their places, and shall -have the same powers, and be subject to the same duties and penalties as if they had been duly chosen by the electors. § 31, article 3, title 3, ch. 11, part 1, E. S. (1 E. S. 347.) § 141. The justices making such appointment shall cause such warrant to be forthwith filed in the office of the town clerk, who shall forthwith give notice to the per- son appointed. § 32, same article. (1. E. S. 348.) § 142. Any three justices of the peace of a town may, for sufficient cause shown to them, accept the resignation of any town officer of their town ; and whenever they shall accept any such resignation, they shall forthwith give notice thereof to the town clerk of the town. § 33, same article. § 143. If any person chosen or appointed to the office of supervisor, assessor, commissioner of highways, or overseer of the poor, shall refuse to serve, or snail die, or resign, or remove out of the town, or become incapable of serving, before the next annual town meeting after he shall have been chosen or appointed, the town clerk shall, within eight days after the happening of such vacancy, call a special town meeting for the purpose of supplying the same. § 34, same article, as amended by § 2, ch. 320, 1830. § 144. If the electors shall not, within fifteen days after the happening of such vacancy, supply the same by an election at town meeting, the same shall be supplied by the justices of the town, in the like manner and with the like efiect as above provided. § 35, same article. § 145. Yacancies in all town offices except the office of supervisor, overseer of the poor, collector, or overseer of highways, shall be supplied by the justices of the town in Uie manner provided in the thirty-first (section 140; RELIEF OF THE POOR. 39 section of this title. Vacancies in the office of collector shall be supplied in the manner prescribed in chapter thirteen, and vacancies in the office of overseer of high- ways, in the'manner prescribed in chapter sixteen of this act. § 36, article 3, title 3, ch. 11, part 1, K. S.» (1 R. S. 348.) § 146. Whenever a vacancy shall occur in any town otiier . ^ office which justices of the peace are authorized to fill, iswond.biii and there shall be less than three justices residing in the town in which such vacancy shall occur, the justice or justices residing in such town may associate with them- selves one or more justices of the peace from any adjoin- ing town, as may be necessaiy to make the number of three ; and such three justices shall have the like power to fill such vacancy as if they were respectively justices of the town in which the vacancy occurred. § 3, ch. 320, 1830. § 147. Whenever the term of office of any supervisor certain or town clerk shall expire, and another person shall be JScers elected or appointed to such office, it shall be the duty of Je(.o^"g*^e such succeeding supervisor or town clerk, immediately oftheir'pre- after he "shall have entered on the duties of his office, to '^"**''"' demand of his predecessor all the records, books and papers under his control belonging to such office; and Jihow^is. whenever the term of office of the commissioners of high- ways,* or of the overseers of the poor of any town shall expire, and another or others shall be elected or appointed, it shall in like manner be the duty of the persons so elected or appointed to make such demand of their predecessors or predecessor. § 5, title 6, ch. 11, part 1,.K. S. (1 R. S. 358.) § 148. Whenever either of the officers above named ft. shall resign, and another person shall be elected or ap- pointed in his stead, the person so elected or appointed shall make such demand of the person so resigning. § 6 same title. (1 R. S. 359.) § 149. It shall be the duty of every person so going out Persons of office, whenever thereto required pursuant to the fore ff'JS?" to going provisions, to deliver, upon oath, all the records, jecoMs"*" books and papers in his possession or under his control belonging to the office held by him ; which oath may be administered by the officer to whom such delivery shall be made. It shall also be the duty of every supervisor, commissioner of highways, and of every overseer of the poor so going out of office at the same time to pay over to such successor the balance of moneys remaining in his > In the offlce ol assessore and commiBsioners of highways, vacancies are sup- glied bv appointment, in writing, nuder the hand of two Justices of the peace. eeJJ a and 4, ch. 180, 1845. b The offlce Of town superintendent of common schoals is abolished. 40 .,!■ . ' Ali^ . ........ RELIEF OF THE POOR. In case of death, de- mand to be made of executorB, &c. Penalty for refusing to deliver records- &c. Proceed- inge to compel delivery. Prohibition a-^ to com- mon coun- Cilmcn, &c. Af to town, county, city uiid state officers. Ot-rtain contracts may be declared void. Investiga- tion, how to be con- ., ducted. handsj as ascertained hj the anditora of town accounts. § 7, title 6, ch. 11, part 1, R. S. (1 R. S. 359.) ;. § 150. Upon the death of any of the officers ahove enurnerated,,the successors or successor, of such officer shall make such demand as above provided of the execu- tone or admitiistratora of such deceased officer; and it shall be the duty of such exe«utors or administrators to deliver, upon the like oath, all records, books and papers in their possession or under their control belonging tothe office held by their testator or intestate. § 8, same title. § 151. If any person so going out of office, or his ex- ecutors or administrators, shall refuse or neglect, when thereunto lawfully required, to deliver such records, books or papers, he shall forfeit to the town for every such re- fusal or neglect the sum of two hundred and fifty dollars ; and it shall also be the duty of the officer or officers entitled to demand such records, books and papers to pro- ceed to compel the delivery thereof in the manner pre- scribed in the sixth title of' the fifth chapter of this act, and to that end the fiftieth, fifty-first, fifty-second, fifty- third, fifty-fourth and fifty-fifth sections of that title shall be deemed to apply to the officers above enumerated and their executors or administrators. § 9, same title." § 152. It shall not be lawful for a member of the com- mon council of any city in this state, or of a trustee of any village, or the supervisor of any town, to become a contractor under any contract authorized by the common council, board of trustees, or board of supervisors of which he is a member, or to be in any manner interested, directly or indirectly, either as principal or surety, in such contract. § 1, ch. 57, 1843. § 153. No town, county, city or state officer shall be interested in any contract made by such officer, or be a purchaser or interested in any purchase at aiiy sale made by such officer, or a seller at any purchase made by such officer in the discharge of his official duty. § 2, same ch. § 154. Contracts in violation of the provisions of the first and second sections of this act may be declared void at the instance of the city, county, village or town inter- ested, or of any other party interested in such contract, except the officers mentioned and prohibited in said sec- tions from making or being interested in such contracts. § 3, same ch. § 155. The chairman of committees of common coun- cils and of other public municipal bodies, charged with any investigation or inquiry requiring the taking of testi- mony, are authorized to administer oaths to such witnesses » For proceedings to compel delivery of records and books see sections BO to 58 ,inclnsive, 1 K. 8. pp. 124, 125. as, jnay be bronght before such committee, and any false 8>^e^ring in testimony fo taken sball be deemfed perjury and subjected fo tbe pains and penalties of perjury. § 4, eh. 57, 1843. ,•,,'.. ■ § 156.,rTlie ele'ctors of each town bound to supi^brt its ^^^I'^^f pwn poor shall have poVer at their atitiual town meeting poor, how . to direct; such spm to be raised in such town for the sup- *™''' ' port of the pooi- for the ensuing year as they may deem necessary. And every town may raise any money that njay be necessary to defray any charges that may exist against thfe overseei's of the poor of such town. Part of § 6, art. 1, title 2, ch. 11, part 1, R. S. (1 E. S. 341.) . § 157. Special town meetings shall' be' held to supply Special ,_ vacancies in the several cases hereinafter provided. They mleHngs; shall .also be held,whenever twelve or more personfe'di- i'Wena.488 gible to the office of supervisor shall, by application in writing, signed by them, and addressed to the town clert, require a special town meeting to be called for the pur- pose of raising moneys for the support of common scliools or for the poor, when a proposition to that effect shall not have beed acted upon at the annual town meeting ; or for the purpose of deliberating in regard to the institution or defense of suits, or' the ralsiiig of riloneys therefor ; and no special town meeting shall have power to act on any subjects other' than such as are specified in this section. § 7, same art. . . § 158. No previdus notice need be giv^n of the annual Notices, 'town meetings; but the town clerk shall, at least eight days before the holding of any special town meeting, cause notices thereof, under his hand, to be posted at four < or more of the most public places in the town, which notices shall specif^ the time, place and purposes of such meeting. § 8, same art. § 159. !No account shall be audited by any board of Accounts, town 'auditor^ or supervisors, or superintendents of the whin to be poor, for any services or disbursements unless such ac- ISperf"^ count shall be made out in items, and accompanied with tendent. an afiidavit 'attached to 'and ta be filed with such account made by the person presenting or claiming the same, that the items of such account are correct, and that the dis- burseinents and services charged therein have been in fact made or rendered, or necessary to be made or rendered at that session of the board, and statiiig that no part there- of has been paid or satisfied. And the chairman of such board, or either of said superintendents, is hereby author- ized to administer any oath required under this section. § 24, ch. 180, i845j as amended by § 2, ch. 490, 1847: § 160. tiNothlng in the preceding section shall be cori- n>- strued to prevent any such board from disallowing any ac- 6 42 Temporary relief in couDtiee. See ante^ §§54,55. New York and Kin^s excepted. Towns in wiiicli persons relieved jeslde to pay ex- , EcnE>e? In ivingBton county. Overseers of the poor to provide for tempo- rary relief. Names, ages, &c. of poor relieved to "be entered In a book. BELIEF OF THE POOR. count, in whole or in part, when so rendered and verified, nor from requiring any other or further' evidence of t"e truth and propriety thereof, as such board may think proper, § 25, ch. 180, 1845. § 161. Wlienever the board of supervisors of anj county in this state shall by resolution declare their intention to adopt the provisions of the act entitled " An act (ch. 334) in relation to the temporary relief of the poor of the county of Livingston, and such other coun- ties as may adopt the provisions of this act," passed May 14th, 1845, all the provisions of said act shall extend and apply to said county. § 1, ch. 245, 1846.' _ The provisions of the first section of this act shall not apply to the city and county of New York, nor to th6 county of Kings. § 2, same ch. § 162.'' The expenses which shall be incurred in the relief or support of indigent persons entitled thereto by law, in the county of Livingston, before removing such per- sons to the county poor-house of such county, pursuant to the provisions of the Revised Statutes for the relief and support of indigent persons, including the charges of oyerseers of the poor for services rendered in provid- ing for such relief and support (but not the expense of such removal), shall be a charge upon the towns inwhich the persons so relieved or supported shall respectively be. § 1, ch. 334, 1845. § 163. The overseers of the poor of said county shall provide for such relief or support, pursuant to the order of a justice of the peace, to be obtained in the manner provided by the forty-sixth section of the Revised Statutes, above mentioned, except for medical services to an amount not exceeding five dollars, for which no order shall be re- quired, until such persons shall be removed to the county poor-house of such county, or until the necessity for any further expenditures shall cease; and it shall not be necessary to obtain the sanction of a superintendent of the poor to authorize the expenditure of a greater sum than ten dollars for the relief of. any one poor person or family : Provided, that sifch ordere granted pursuant to this section shall be granted without fee or reward, § 2, same ch. § 164. The overseers of the poor shall keep a book, to be procured at the expense of the town, in which they shall enter the name, age, sex and native county of every poor person who shall be relieved or supporte.d by them, > Cbap. S4S, 1846, Is entitled "An Bct In relation to the temporary relief of 'the poor." b Thin and the seven following sections are taken from "An act in relation to the temporary relief of the poor In the county of Livingston, and sac^ther conntiea as may adopt the provisions of this act." Passed May 14, 1845. RELIEF OF THE POOR. 43 together with a statement of the causes, either direct or indirect, which shall have operated to render such person a pauper, so far as the same can be ascertained. They shall also enter in such a hook a statement of all moneys received by them, when and from whom, and. on what account received, and of all moneys paid out bj' them, when and to whom paid, and on what authority. § 3, ch. 334, 1845. S 165. On the Tuesday next preceding the annual town Book to be ™ i- ■ _ J 1 ii? rpi J . i laid before meeting in every year, and also on the Ihursday next the town preceding the annual meeting of the board of supervisors *'''i''°"- of Such county in every year, the overseers of the poor shall lay the .said book before the board of town auditors, together with a just and 'true account of all moneys received and expended by them for the use of the poor since the last preceding meeting of the said board of town auditors. The said board of auditors shall compare said account with the entries in the poor book aforesaid, and shall examine the vouchers in support thereof, and audit ^nd settle the same and state the balance due from the overseers or to them as the case may be. The said account shall be filed with the town clerk, and at every annual town meeting. the town clerk shall produce such poor accounts for the then preceding year and read the same if required by the meeting. § 4, same ch. § 166. The accounts of overseers of the poor for their Acconnta, services in affording the relief and support mentioned in audited, this act shall be audited, certified, levied, collected and paid in the manner now provided by law in respect to other town accounts. § 5, same ch. § 167. At the annual meeting of the board of town Town auditors on the Thursday preceding the annual meeting to certiiy of the board of supervisors the said board of town audit- agls°Tc?of ors shall make a certificate, to be signed by a majority of PgYil^ed the board, specifying the name, age, sex and native coun- try of every person who shall have been relieved or sup- ported by the overseers of the poor during the then preceding year, and stating the causes, either direct or indirect, which shall have operated to render such person a pauper, and the amount of money expended for the use of each and every person so relieved or supported as allowed by the board of auditors, together with the amount allowed to, each overseer for services rendered in relation to the temporary relief of the poor as aforesaid, which certificate the said board of auditors shall cause to be delivered to the superintendents of the poor of such county, or one of them, on or before the first day of De- cember then next. § 6, same ch. § 168. The . board of town auditors shall also at their 44 RELIEF OF THE POOR. EBtimate to be made of amount ne- cessary for next year. Dnty of puperviaors Boards of supervisors to audit accounts of superin- tendents. Liquor not to be sold to paupers. See ch. 628, 186T, post. Clotlies not to be pnr- cbased from them. Penalty. anmial meeting mentioned in the ]ast .preceding seotipn, make an estimate, to be signed by a majprity of the; board, of the sum which they shall deem necessftry for the temporary relief and support qf the poor the ensuing fear, and tosnpply any deficiency in the preceding year, and shall cause the said estirh'ate to be laid before the board of snp'emsors of such county on the first, day, of their then next annual meeting. The boaixi; of super- rieovs shall catise the said sura to be leVied and collected in the town where the same was estiiijated to be neces- sary as aforesaid in the manner now pi'ovided by law in respect to other town charges, and to be paid to the over- seers of the poor of such town. § 7, ch. 33.4, 1845. § 169. It shall be the duty of the board of supervisors of such county to examine the accounts of the superin- tendents of the poor and audit the same. § 8, same ch. § 169^. (The boards of supervisors of each county in this state, except l^ew York and Kings), shall have the power and it shall be their duty to audit the accounts of the superintendents of the poor of the countj' and to ex^ amine the accounts of subordinate county officers, and each supervisor whose corhpensation is not specially pro- vided for by law shall be entitled to. charge and receive three dollars per day for each full day's service during the sessions of the board, besides mileage now allowed by law; but such supervisor shall not be entitled to receive any other compensation whatever except as the same is specially provided for by law. | 8, ch. 855, 1869. § 170. No tavern-keeper, grocer or other dealer in strong or spirituous liquors, shall, directly or indirectly,' sell or cause to be sold any strong or spirittfous liquor to any- pauper, knowing him or her to be such pauper as aforesaid. § 1, ch. 272, 1835. § 171. No person shall directly or indirectly receive or cause to be received, by purchase or otherwise, from any such pauper or person any clothing or effects whatsoever, knowing or having reason to know that such clothing or effects were in whole or in part furnished to such pauper or person at the public expense. § 2, same ch. § 172. Every person offending against either of the ; provisions of this act shall, for each offense, forfeit the sum of five dollars, in addition to the value or amount of such clothing, effects or money obtained or taken in vio- lation of this act, to be sued for and collected, with costs, by and in the name of the superintendent of the poor of any county in this state having such officers, or by and in the name of the overseers of the poor of any town which. supports its own poor, for the use of the poor of such county or town, as the case may be. § 3, same ch. RELIEF OF THE POOR. 45 § 173. The trustees, directors or managers of : any in- officer? pf corporated orphan asylum, or institute or home for indi- ed°orp|att gent children, may bind out auy orphan or indigent child, bfud'Sft'" if a male, under the age of twenty-one years,; or, if ^ "^'Sl'^ift''"'* female, under the age of eighteen ypars, who has been or children, shall be surrendered to the care or custody of said society by the parent or guardian thereof,^ or placed therein by the superintendent, of the poor of the county, or the over- seers of the, poor of any city or town in the county within ' which said asylum or institute is located, to be clerks, apprentices or servants, until such child^ii^ a male, shall be twenty-one years old, or, if a female, shall be eighteen years old, which binding shall be as ^effectual as if such child had bound himself or herself with the consent of his or her father. § %, ch, 159, 1855, as amended by § 1, , ch. 431, 1870.a . §174. In case of , the death of the father of > any; indi- when gent child, or in case the father shall have abandoned his be'eaardfan family or neglected to provide for thena, the mother shall o'f'gjn.'en-"' be the guardian of said.child for the purpose of surrender-; denngchud. ing the said child to the care and^custody of said society; and in case of the death of both parents the mayor of the city or the supervisor of the town within \yhichi the said asylum or institute may be located shall be ex-ofl^cio the, guardian of s^id child for the purpose of enabling; said trustees, managers or direct0rs to bind out such child. § 2, same ch., as amended by § 2, ch. 431, 1870. The father of any indigent child, or in case the father shall be children, by dead, or shall have abandoned his family, or neglected to wheS'm^ provide for them, the mpther, may, by fi written instru- t'eVto"d£*'' ment, commit the guardianship of the, person and custody rectors of of said child to the directors, trustees or mapagers of any Sim, &cf''' incorporated orphan asylum or institute, upon such terms, for such time, and subject to such condition;s, as may be agreed upon by the parties ; and, in case of the death of both parents, the guardian of said child, legally appointed, may, with the approval of the. court or officer appointing him, to be entered, of record, commit to siich asylum the guardianship of the person and custody of said chil^, in the same manner and upon the same terms that the parent might, as herein provided. § 3, ch. 431, 1870. § 175. The provisions of sections eight, nine and ten of certain article first of title fourtli of chapter eight of part second of ¥. s.™* of tiie Eevised Statutes shall apply to all cases of binding appUoabie, under this act. § 3, ch. 159, 1855, as amended by § 4, ch. 431,1870. « "An act to amend an act entitled 'an act to allow the trustees, directors or managers of Incorporated asylums to bind out orphans or indigent children sur- rendered to their care,' and t(ih provide for the custody of such children;" passed April B, 1855. Passed April S7, 1870. 46 Duty of ■nperin- tendentb of poor. Daty of managers of orphan asylums. See post, Si 180, 181. ProvIslonB of ch. 159 of Laws of 1865 applicable. Certain children under care ofmanaeera of society for relief of destitnte children of seamen may be honnd oat Record of reception of minor children by orphan asy. lams, Ac. RELIEF OP THE POOR. § 176. It shall be lawful for the superintendents of the poor in counties in which there shall be no orphan agylum, and the overseers of the poor of towns in such counties, to place the children chargeable to and supported at the expense of such counties or towns in any incorporated orphan asylum in any county of the state, upon such terms as shall be agreed upon with the managers or trust- ees of said asylum, at the proper expense of the counties or towns to which they are properly chargeable." § 1, ch. 61, 1857. § 177. It shall be the duty of the managers of every brphan asylum or other institution authorized to receive and bind out orphan or destitnte children to jjrovide and keep always open for the inspection, of all desiring to ex- amine it, a book, in which shall be registered the names, age and parentage, as near as the same can be ascertained, of all children committed to their career received into such institution ; in which book or register shall also be written the time such child left the institution, and, if bound out or otherwise, placed out at seryice or on trial, the name and occupaticm of the person with whom it is so placed and his or her place of residence. The man- agers shall have no power to bind out any person men- tioned in the first section. § 2, same ch. § 178. All the provisions of chapiter one hundred and fifty-nine of the laws of eighteen hundred and fifty-five shall apply to the children provided for in this act. § 3, same ch. ' § 179. Any child not under the age of ten years or over sixteen years of age, and who has been under the care of the managers of the society for the relief of des- titute children ot seamen for not less than a year, and has progressed so far in his or her education as to .read and write, may be bound out by said managers to serve as a clerk, apprentice or servant in any useful profession, trade or employment, in the same manner and with the same eflfect as overseers of the poor are by law authorized to bind out poor and indigent children. Ch. 297, 1857. § 180. All institutions, public or private, incorporated or not incorporated, for the reception of minors, whether as orphans or as destitute, disorderly or delinquent per- sons, are hereby required to keep a record wherein shall be entered the date of reception, how and by whom therein placed, and for what cause, together with the names, residence and birth-place of all children admitted in such institutions, and also the names, residence and birth-place of the parents of such children ; and when- • An act entitled ' March 2, 1357. An act In relation to orphan and destitute children." Passed RELIEF OF THE POOR. 47 ever any child shall leave such institution, the proper Record of entry shall be made in such record, showing in what man- tJi5)T&c.°*' ner such child has been disposed of. to whom apprenticed or otherwise intrusted, and where he resides. § 1, ch. 411, 1869. Such record shall at all reasonable times be Kecordto open to the inspection of any citizen of this state, and i'nBp?ctton°' extracts therefrom shall, within twenty-four hours after request, be given by the secretary or other officer of such institution, to any parent or relative of such child. § 2, same ch. § 181. It shall not be lawful at any time to change the ^'^™\ name of any child admitted to Such institution. § 3, same changed. ch. "Whenever any such child shall be bound out, ap- ffyeCtfor'* prenticed or otherwise disposed of, the person or persons |j"nt'of*'' receiving him shall be required to sign an obligation to children ap- the people of this state, by which, _ in addition to the p""*'"^*- requirements now existing by law in such cases, such person or persons shall undertake to kindly treat such child. § 4, same ch. It shall be the duty of all such in- ^"^rw i^g- stitutions to present to the legislature annually, oa or fciatuie. before the thirty -first day of January, a report under the oath of some one of its principal officers, showing that the provisions of this act have been complied with. § 5, same ch. Any officer of any institution referred to in Penalty for this act who shall willfully violate any of the provisions Jct!*"°^ oif this act shall be liable to a penalty of one hundred dollars, to be recovered by the attorney-general in the name of the people of this state in any court of compe- tent jurisdiction. § 6, same ch, § 182. If any child between the ages of five and fourteen laie and years, having sufficient bodily health and mental capacity cSfdren, to attend the public schools, shall be found wandering in J^^enup^ the streets or lanes of any city or incorporated village, idle and truant, without any lawful occupation, any jus- tice of the peace, police magistrate or justices of the dis- trict courts in the city of ISTew York, on complaint thereof by any citizen on oath, shall cause such child to be brought before him for examination, and shall also cause the parent, guardian or master of such child, if he or she have any, to be notified to attend such examination. And if on such examination the complaint shall be satisfacto- rily established, such justice shall require the parent, guardian or master to enter into an engagement in writ- ing, to the corporate authorities of the city or village, that he will restrain such child from so wandering about, will keep him or her on his own premises, or in some lawful occupation, and will cause such child to be sent to some school at least four months in each year, until he or she becomes fourteen years old. And such justice may, 48 RELIEF OF THE POOR. When raajy be commit- mitted, &c. Penalty for violating engage- ment. Place of re- ception, and usefal occnpatioD to be pro- vided for children. This Bec- tion modi- fied aB to Rochester by ch. 393, 1868. Expenses, how paid. Duty of sn pcrvisors. Complaint to be made by constable in his discretion, require security for the faithful per- formance of such engagement; If such child has. no parent, guardian or master, or none can be found, or if such parent, guardian or master refuse or neglect, within a reasonable time, to enter into such engagement, and to give such security, if required, such justice shall, by war- rant under his hand, commit such child to such place as shall be provided for his or her reception, as hereinafter directed. § 1, ch. 185, 1853. If such engagement be habitually or intentionally violated, an action may be brought thereon, 'by the overseers of the, poor, or either of them, of such city^ or village, in the name of the corpo- rate authorities thereof, and on proof of such habitual or . intentional violation, the plaintiff shall recover therein a penalty of not more than fifty dollars, with costs. And thereupon the magistrate or court before whom such recovery shall be nad shall, by warrant, commit such child to the place so provided for his or her reception, as aforesaid. § 2, same ch. § 183. The corporate authorities of every city and incorpcrrated village shall provide some suitable place for the reception of every child that may be so committed^ and for the employment of such child in some useful occupation, and his or her instruction in the elementary branches of an English education, and for his or her proper support and clothing. Every child so received shall be kept in such -place until discharged by the over- seers of the poor or the commissioners of the almshouse of such city or village, and may be bound out as an apprentice by them or either of them, with the consent of any justice of the peace or any of the aldermen of the city, or any trustee of the incorporated village where he ma;^ be, in th« same manner, for the same periods, and subject to the same provisions in all respects, as are con- tained in the first article and fourth title of the eighth chapter and second part of the Eevised Statutes, with respect to children whose parents have become charge- able on any city or town. § 3, same ch. The expenses of providing and maintaining such place for the reception, clothing, support and instruction of such children shall be defrayed in the same manner as charges for the sup- port of paupers chargeable upon such city or village ; and the corporate authorities of every city and village shall certify to the board of supervisors of the county, at their annual meetings, the amount necessary for said purposes, which amount the said supervisors shall cause to be levied and collected as part of the taxes for the support of the poor, chargeable to such city or village. § 4, same ch. It shall be the duty of all police ofiicers and constables, who shall find any child in the condition described in the RELIEF OF THE POOR. 49 first section of this act, to make complaint to a justice ot tlie peace, as provided in the said section. § 6, same ch. § 184. The fees of justices for services performed under juBticea* this act shall be the same as allowed by law in cases of '*'*" vagrancy, and shall be paid by the city or village in which they were rendered. § 6, same ch. §. 185. Each, officer in the sevei'al counties of this state J^^g"'^ who shall receive, or is authorized by law to receive, any money for money on account of any fine or penalty or other matter penalties in which his county or any town or city therein shall '"'«?<'"• have an interest, shall make a report in writing every year, bearing date the first day of November, in which he shall state particularly the time when and the name of the person or persons from whom such money has been received, and also the, amount and on what account the same was received, and also all sums remaining due and unpaid, which report shall include all receipts of money before mentioned that he has received during the year next preceding the date of his report, and if no such moneys have been received, his report shall state such facts. Said report shall be made to the board of super- visors of his county, duly verified by oath, and filed with the clerk of said board on or before the fifth day of No- vember in each and every year, and no officer shall be entitled to receive payment for services, salary or other- wise from the supervisors, or from a city or county treas- urer, unless he shall file with the supervisors his affidavit that he has made such report and has paid over all mon- eys which he is bound te pay over. § 1, ch. 404, 1863, as amended by ch. 341, 1864. § 186. Each officer who shall have received such mon- oflicerB to eys, as provided in the preceding section of this act, toconnty^" shall, within ninety days after the receipt thereof, pay nin^t^day" the whole amount so received, without any deductions ifter receipt ,. 1 •11-1 "^ 1 ot same. tor costs «)r charges in collecting the same, to the treas- urer of his county, who shall give to such person dupli- cate receipts therefor, one of which receipts shall be attached to the annual report to the board of supervisors hereinbefore provided to be made: Provided, that nothing in the preceding section contained shall be con- strued to apply to moneys received by any town or city RELIEF OF THE POOR. 49» officer, jn,]:ji8,ftE5Qial c{^pa(^i^y as sucli,tp]iW^ or city officer, specially ap^k-gprijited for aiay town or] cl^j purpose, § 2, ; eh. 404, 1863. § 187. It shall be the diity of the district attorney of J°'y °' the several counties of this state to sue for and recover, in attorney, behalf of and in the. name of Kis eotinty, the money received b;^ any officer for or on account of such county, or ady towri or citj^ Itheirein, and not paid to the county treasurer of suph county as provided in tl^e preceding section of this act. § 3, same.ch. ij i ^ j § 188. All moneys belonging to any town or city in Dispoaitior such county which shall be received by the county treas- "'"""'w*. urer shall be distributed to the several towns or cities entitled to the same by resolutions passed by a majority of the board of supervisors at aiiy legal meeting there- of, which resolutions shall be entered at length in the minutes of the proceedings of said boardi § 4, same ch. § 189. Eaeb'officerof the several counties of this state ■^^1^',"^°' who shg^ll . neglect or refuse to make the report or pay mMe- over moneys received by him, as provided in sections one, ""**"""■ two and three of this act, shall be deemed guilty of a misdemeanor. § 5, same ch. § 190. Section thiree of article one (entitled "Eegula- Brokem. tions concerning brokers "), title nineteen, cljapter twenty, part one, K. S. (1 R. S, 709), authorizes the overseers of ; the poor in certain cases to bring suits for violations of such article. And by section thirteen, title twenty, chajp- ^eS'tattk- ter twenty, part one, R. S. (1 R."S. 713), which title is'tog. entitled " Of "unauthorized, banking and the circulation of certain notes or evidences of del)t issued by banks," all penalties prescribed by said title are to be paid to the county treasurer of the county where the ofltenses shall be committed for the use of the poor of such county. 3y section three, chapter fiye hundred and eighty-two. Railroad of eighteen hundred and sixty-four, every railroad coni-jtoftSxSsh' pany whose line of road shall exceed forty continuous Jengers**" miles in length is required, for the better comfort of pass- witl water, engers, to provide in each passenger car a suitable recep- tacle for water, with a cup or drinking utensil upon or near such receptacle, while such car is in- use, constantly supplied with cool water ; and any company failing to Jofaorng ' obey such provision shall, for each offense or omission as .»o, hair of aforesaid, tbrfeit as a penalty the sum of twenty-five received to dollars, one-half of said penalty to be paid to the informer f°^° °''*'' and the remaining one-half to the overseer of the poor of the county in which judgment shall have been recov- ered. CODE EELATING TO THE POOR. PART TWO. LAWS SPECIAL IN THEIR NATURE RELATING :T0 THE POOR, AND TO OTHER MATTERS PERTAINING THERETO •' IN CERTAIN COUNTIES. CHAP. II. Sbcwoit 191. Ofiace of superintendent in Albany county abolished. 193. Overseer of poor in Cohoes has the same powers as town overseers. 193. Supervisors and mayor and re'''" -i 195; Laws passed by the common council of the city of Albkny involving an appropriation or expenditure of money for supporiing' the poor .,: to be by not less thaif a two-j^^xird vote. 1 .,: ,, . 196. Overseer of the poor in the city of Albany, when authori^e^ to administer oaths and take affidavits ; false swearing, before over- ' seer peijury. 197. Mayor 'of Albany authorized to appoint one overseer and other Offi- cers ; powers and duties of such appointees to be prescribed ; board of magistrates and their duties ; moneys for. the support p^ the poor in Albany, how to be raised; powers of common council respecting almshouse, pbor persons; '&c. i < 198. Distinction between town and county poor, how may be abolisted. 199. Poor within ihe city knd fcbnnty of Albany, how suppiirted ; the poor of said city and of the several towns to be removed by the overseers to the almshouse ; expenses of such removal, how biome and paifi. 200. Mayor, &o., of Albany to have charge of alm8hou^e and farm, and tha appointment of a superintendent, &c. 201. Poor moneys in the several towns and city, how to be disposed pf and by whom to be accounted for. ' " 30&: Temporary relief of the poor. 303. Chamberlain,' at the annual meeting of the board of supervisors to account for receipts and disbursements of the poor moneys, &c. 204. Persons neglecting to support their wives or children in Albany declared disorderly persons 205. Vagrants in city of Albany.may be committed to coRnty jail fprisix months, provided not more than four persons be confi ned at one tiipe. 206. Society for the relief of orphan and destitute children in the city of Albany incorporated. 807. Such society to be governed and directed by a board of manager* who are to appoint a president. 308. To take and hold property j_araount limited. RELIEF OP THE POOR. 51 Sbotion 209. Children surrendered to the 86ciety, wheti may be botipd out by the maijagera, and how. , , i 810. Mayor of Albany, Tvhen to be ex oJUicio guardian of children surren- dered to.tlie society, and to have .power to surreudej" such children to the society for purpose of enAtJling mttdagersto'bind them out. »1. Managers of the society, how tobe elected, and vaoat'dy in board of managers, how to be filled.! .' 213. Omitting to hold eledtion on stated day ; tieiwote, &c. ; 213. Board; on first Monday ini feaoh yearto exhibit to members pf society their account. ., , ; 214. Legislature may modify or repeal cjiapter 94, 1831. 215. Such society to be subject to certain provisions of Bevised Statutes. 216. Children's Friend, SDc|ety in city of Albany to guoijide for de^tit,i;(te children. ' ' ' , ■. ■ • ' ■','", , 217. Persons contributing one dollar may be members.' ' ' 218. Saint Vincent Boman Catholi6 orphan asylum in the city of 'Albany. 219. Children surrendered to the care of , such asylum, may be bquad out. 220. When mother, to be- guardian for piif ppse of suVrenfleriug child to such asylum, and when itiaJyor to b^ subh gtiardian ' ■' '231. General powers of sniehasj^lum. i ; ■; ii; S 19ii The office of cojint'y superintbndent of the poor TOfflce of of -the county of Aibariy is hereby abolished, and tlie dlSttaA"" .provisions of the act passed December, sixteen, eighteen aSSLhed'^ putidred '^pd fprty-seveii, requiring the election of such ofiicers, so far as thesaine apply to the county of Al bally, are hereby repealed. • Ohl 397,, 1849. '.; § 192. There shall be annually elected one. overseer of oveiBeeroi the poor in said city [of Coho'es], whp .shall, subject to coSiSeg.' !." the provisions of ' this act,' have the.saTlie powers, and be Jow''e^™f subject to the same'restri'cliiohs arid lifibilities, as overseers t"wn over- of the poor of the towns of the county of Albany, and, . ^ ' for all^piirposes relating t6' the' rtiairitenahce and support of the poor, the city shall be one of the IjbWns of said county. § 3, title- B; eh.' 912, 1869: ' ' ' ' ! . § 193. The said board of supervisors [of the county of Temporary Albany] arid the said rriayor and recorder [of the city of Albany' Albany], by their votes in joint meeting, shg.ll make arid eo™ty- prescribe siich rules and regulations in relation to tempo- rary relief granted tb' the poor by the overseers of the jpoor in the said city, and in the several tow'ns in the said county, atid th6 manner in which the same shall be chiargeable, as they shall deem expedient ;. and they shall, in like nianrier, also determine and r^ul|ate the manrier in which the sala- ries of overseers of the poor, jiaym^rit to' physicians and counsel fees in cases relating to the poor, accruing in the said city 'and in the said several towns, shall ' be audited, paid and made chargeable aS they shall deerix 'Expedient. ,, §10, ch. 152,»184:4. ' , \' ' ' ^; , „ § 194. Whenever any rules, regulations, agreement or Doty of - arrangement shall have beefi made or entered into''un(3;^r toMd.'ofsq. and in pursuance of the two preceding sections of this act^'' pervnore, • An act for the conBtruction of a panitentlait »nd in relation to the reliljf of tl^e 52 RELIEF OF THE POOR. Officers to comply with rules and regulations. To raise moneys for the support of the poor by a two- third vote for that pur- pose. Overseer of the poor to adminis- ter oaths. Albany, overseer of the poor and poor officers, how to be appointed. Salary and terra of office. Oath of office. Official hand. Powers of common council in relatloB. the clerk of the said board of supervisors shall forthwith give notice of the particulars thereof, and of the time vt^hen the same shall take effect, to the clerk of the common council of the city of Albany and to the clerk of each of the_ towns in said county ; and thereupon such oflScers of said cityand towns, whose official functions in relation to the subject- matter of such rules, regulations, agreement or arrangement shall be altere(?or affected thereby, shall in all things com- ply therewith in the discharge of their respective official duties, so far as the same are affected thereby. § 11, ch. 152, 1844. § 195. .tfo law or ordinance shall be passed by the common council of the city of Albany, nor any resolution adopted involving an appropriation or expenditure of money for any purpose, unless by a vote of two-thirds of all the members elected to the said common council, to be taken by yeas and nays, which vote shall be entered on their minutes. Part of § 16," title 6, ch._ 77, 1870. § 196. The overseer of the poor of said city shall have power to administer oaths and take affidavits in all mat- ters pertaining to the duties of his office, and any willful false swearing in any affidavit so taken by him, or statement made before him under oath, shall be perjury, and be punishable accordingly. § 12, ch. 139, 1848. The mayor [of the city of Albany], with the consent and approval of the common council of the said city, shall biennially appoint one overseer of the poor, and such other officers as they may deem proper ; and said common coun- cil shall prescribe the powers and duties of said officers, and regulate their salaries. Such officers shall continue in office until their successors have been appointed and duly qualified. Part of § 10, title 3, ch. 77, 1870. Every per- son elected or appointed to any office under the city gov- ernment shall, on or before their term of office commences, or within ten days after notice of such appointment, take and subscribe, before the mayor, or any judge of a court of record, an oath or affirmation faithfully to perform the duties of his office; which oath or affirmation shall be iiled in the office of the mayor. § 8, title 5, ch. 77, 1870. All officers or other persons to whom the receipts or expenditures of money or other property of the city of Albany shall be intrusted shall give sufficient security for the faithful performalice of their duty, in such form and amount as the common council may prescribe, which security shall be annually renewed. § 6, title 6, ch. 77, 1870. ^ The common council shall have power to make such ordinances, and with such penalties, in the matters and for the purposes following, in addition to other powers elsewhere specially granted, viz. : * * • This section in effect repeals so much of section 1, ch. 139, 1848, as authorized the common council to raise mouey for the »upi■ continue iu office! until a liew election, which shall -be made at such time and place, and after such notice as the said board diiaHi prescribe ;i and in case an equal num- ber of votes for any two or more persons shall bei given as* a membeir of the said board of managers^ the said board shall determine which of such persons shkll be con- sidered as elected. § 6, same ch.' § 213. The board shall, on the first Monday of May ExMwtof in each year, exhibit to the members of the said corpora-r SSsbMse-"^ tion an exact account of the receipts and disbursements ments. of the preceding year. § 7, same ch. ,/ , , : §214. The legislature may at any time, iii their dis- Moauca- cretion, alter, modify or repeal this act. § 8j same ch. *'°"'- §215. The, said corporation shall be subject, to the corporation provisions of the third title of the eighteenth chapter of *^o(f^,"n8 the jfirst p$rt of, the, Bevisied. Statutes. ii§ 9, same ch. ' ofE. s. §216. The society or incorporation heretofore, formed ci,ua„ns. in the city of Albany, under the name of " The Chil- M«°d dren's Friend Society," is hereby^ authorized, in addition ' ''^^' to the objects expressed in its certificate of organization, to provide, in said city,! a day Jioiiae' for such children as are fit objects of suclf charity, and especially for such as are unable or ujiwilling to, attend ward schools; to instruct them in thfe rudiments of learning and work ; to furnish a noon-day meal, attd, in extraordinary cases, to furnish f, temporary home for day and night to desti- tute chil4ren. § 1, ch, 98, 1863. §:217. All persons who shall contribute ainnually the sum of one dollar or more to the funds of said cbrpora- tion may be members thereof § 2, same ch. > So in the original. 5S Koman Catholic orphan apylnm. Children may be bonnd out. Guardian. General powers. RELIEF or THE POOR. §218. Jphn J. Conroy, James Miter, PefberM. Mo- ran^, John Tracey^ William D. Morange, Eichard J. Garmody, Miles J. Oarrol,' Oliver Wallace, Philip Ma- guire, Bryan Smith, Henry. Hill and Peter White, and all other persons who now are 6r may hereafter become members of the Saint Yincent's ' orphan isylum society in the city of Albany, shall' be and are hereby constituted a body corporate, by the name of "The Saint Vincent's Oi-phan Asylum Society in the 'city of Albany," for the purpose of providing relief, maintenance and education^ to orphan and destitute children. § 1, ch. 152, 184^. ■ § 219. When a child shallbe surrendered to the care and custody of the said corporation, by the parent or guardian of such child, the managers may bind out such child, being of the full age of eight yeiars, to some suitable em- ployment, in the same manner as overseers of the poor are authorized to bind out poor and indigent children, but provision shall be inserted in the indentures of said child for securing an education suitable for such child. § 2, same ch. . i ■ ^ § 220. In case of the death cf the father of any desti- tute child, the mother shall be the guardia;n of said child for the purpose of surrendering the said ch^ld to the care and custody of the managers of said corporation ; and in case of the death of both parents, the mayor of the city of Albany ^hall be, ex officio, the guardian of said child for the purpose of enabling said managers to bind out said child. § 3, same ch. ' '. § 221. The said corporation shall possess the gsaeiral powers and be ^ Subject to the provisions contained in the act for the incorporation of benevolent, charitable, scientific and missionary societies, passed April twelfth, eighteen hundred and forty-eight, also in title three of chapter eighteen of the first part of the Kevised Statutes. § 4, same ch. CHAP. III. ALLEGANY COItNT Y." Section 223. Superintendents' accounts, how audited. snpcrinten- § 222. The accounts of superintendents of the poor of cOTMsfhow Allegany county shall be audited fcy the'boardof super- BBdited. visors oif Said county in the same manner as the accounts of other officers and persons. Ch. 63, 1869. . See po9t, chapter 4. RELIEF OP THE POOK. 59 CHAP. IV, EBLATING TO THE COUNTIES OP . ALLECi ANT, BEOOMB, OAT- TAIJATTGtrS, CHAUTAUQUA, OpRTLAND, . DUTCHESS, ESSEX, HBRKXMER, , JBIIEEESON, LIVINq^^STON, ■ ONEIIJA, ONOJfr DA(JA, OTSEGO. SAKATOGA, SENECA, STEUBEN, T^OGA AND UliSTEE.^ : Section 223. I^iBtinctioii between town and County poor in the counties of Herki- mer, TMga and Saratoga ma^ be restored'. 224. Duty of clerk of board of Supervisors in case such distinction is . . restored.' , ; - i i 285. How distinction between tovn and dountj* pooj; may be restored in the counties of Jefferson, , Chautauqua, Cattaraugus, Otsego and Steuben. . . . . ' 226. Duty of the clerk of the board of supervisors. 227. Distinction between, town and county poor In the counties of Essex, - Oneida and DutchesS, hoW restored. 228. Duty of clerk of board of supervisors. 239. Distinctibn between town and cbiinty poor of LivingStoh, Sullivan, Broome, Cortland, Orange, Allegany, Seneca, Franklin, Onondajja and Ulster counties, how, restored ; duty of'iClfr^. of board of supervisors in such case ; unlawful to put up at auction or sale the keeping of any 'pbor or indigent person. §^23: The board of supervisors of the counties of Her- pisunctioji kimer, Tioga and Saratoga, at any annual meeting, or at "stotedin any special mfeeting' called for., that purpose, may deter- Tfogi'Snd mine to restore the distinction between the county poor Saratoga aiid town poor in their said counties respectively; and ''°°°^**- upon their filing ' siich deterinination, duly certified by the elerfes of said several boards, with the ' county clerks of their respective counties, thei said poor shall be main- tained as is now provided by law for the maintaining the pOot in those counties in which the distinotion' between county and town poor now prevails. § 1, ch. 208,' 1843. " 8 224, Whien the supervisors of the said counties shall Notice, ,o, . , '^' ,, T.. ,. ,.• ■ . when to be lliave determined to restore the distinction between county served on poor atid towin p6or, the clerk of the board of supervisors""'" "^"^'^ shlall serve or cause to be served a copy of the resolutidn making so<5h determination upon the clerk of 'each town within said county;' and ujtbn the superintendehts of said county. § 2, samech. ' ' ■ ' ■"■■' § 225. The boardof supervisors of the counties of Jeffer^' Distinction son, Ohautaugua, Cattaraugus, Otsego and Steuben, at ratloreain any antiuaCl meeting, by a vote in favor thereof of the chautauqna majority : of the members ' elected, may determine to re- cattaraugns • Sfie chapter 194, sec. 4, eab. 10, iai9, ante $ 54. 60 RELIEF OF THE POOR. otoeeoand store the distinction between county poor and town poor stenBen. ^^ ^j^^-j. ^^^j^ county ; and upon filing such determination, duly certified by the clerk of said board, with the county clerk of said county, the poor shall be maintained as now provided by law for maintaining the poor in those conn- ties in which the distinction between county and town poor now prevails. § 1, ch. 163, 1844. Notice, § 226. When the supervisors of any such county shall Te!???/ m' have determined to restore the distinction between county town ciertB pgor and town poor, the clerk of the board of supervisors shall, within sixty days thereafter, serve or cause to be served a copy of the resolution making such determina- tion upon the clerk of each town within said county, and upon the superintendents of said county., § 2, same ch, DiBtinction § 227. The board of supervisors of the counties of fortoredin Essex, Oneida and Dutchess, at any annual meeting, by onltda and * '^°^^ ^° ^^'^°'* thereof of the majority of members elect- Dntchess. ed, may determine to restore the distinction between county poor and town poor in said county ; and upon filing such determination, duly certified by the clerk of the said board, with the county clerk of said county, the poor shall be maintained as now pi'ovided by law for maintaining the poor in those counties in which the dis- tinction between county and town poor now prevails. § 1, ch. 155, 1845. Tow § 228. Wlien the supervisors of any such county shall notuied? " have determined to restore the distinction between county poor and town poor, the clerk of the board of supei-visors shall, within sixty days thereafter, serve or cause to be served a copy of the resolution making such determina- tion upon the clerk of each town within said county, and upon the superintendents of said county. § 2, same. ch. Distinction § 229, The board of supervisors in any of the counties toredin' of LivingstoH, SuUivau, Broome, Cortland, Orange, AUe- andSfhe?" g^T^Jf Seucca, Franklin, Onondaga and Ulster, at any connties. auuual meeting, by a vote of a majority of all the mem- bers elected, in favor thereof, may determine to restore the distinction between county poor and town poor in their counties respectively ; and upon their filing such determination, duly certified by the clerk of the board, with the county clerk, the distinction between the county poor and the town poor shall thereupon be restored from and after the time to be fixed by such board of supervi- sors, either at the commencement or the close of the year for which said supervisore were elected to serve. It shall not be lawful for any oflicer whose duty it may be to provide for the maintenance, care or support of poor and indigent persons at public expense, to put put up at auc- tion or sale, the keeping, care or maintenance of any such RELIEF OF THE POOR. 61 poor or indigent person to the lowest bidder ; and every contract whicli may be entered into for the support, care or maintenance of any such poor or indigent person, in pursuance of, or accordance with, any bid or bids made at anjr auction or public competition for the support, care or maintenance of any such poor persons, shall be abso- lutely void. Oh. 176, 1848.' CHAP. V. BROOME COTJNTY. SECnoK 280. One overseer of the poor of the city of Binghamton to be elected. 231. Duration of ofSce of such overseer and his duties and liabilities. § 230. The officers of the city [of Binghamton] elected overseers by general ticket shall be a mayor, * * and one over- Bingham" seer of the poor. Part of § 1, title 3, ch. 291, 1867. t""- § 231. The overseers of the poor shall hold office one Terms or year, and possess all the powers and authority of over- powers!' seers of the poor in the several towns of this state and county, and shall be subject to the same duties, obliga- tions and liabilities. § 11, title 5, same ch. CHAP. VI. CAYUGA COUNTY. Section 233. Three superintendents of poor in Cayuga county. 333. One of whom to be elected annually, and to hold office three years. 234. Board of supervisors to audit and settle accounts of superintendents and overseers of the poor. 235. Board of supervisors have power to conti;act for supplies for county and to fix salary of overseers of poor in city of Auburn. 236. Superintendents of poor a suibordinate board to assist in auditing the poor expenses of county. 237. Superintendents and overseers of poof cannot be interested in fur- nishing supplies, and no accounts audited unless items are ex- , pressed and accounts duly verified. 238. Superintendents to render statement under oath each year to board of supervisors. 239. Overseer of poor to enter in a book statement, and to furnish super- visor of his town transcript of the same one week before annual meeting of supervisors. • Some of the provisions contained in this and the six preceding sections are, perhaps, super- ceded by snhdivlBlon ten, of section four, of chititer 194. of the La^s of 1849 (see sec. 64, ante) ; bnt as the particular mode of proceeding in restoring the distinction between town and county poor is specUIed In these sections, it has bceli deemed proper to insert them entire as they were passed. 62 RELIEF OF THE POQK. Section 240. Board of supervisors have power to direct manner in ■wMcli supplier shall be obtained, and manner of iaffording temporary relief for poor ; repeal of inconsistent laws. 341. Cayuga asylum for destitute children, its object to provide a home for Orphan and, destitute children. 24S. Corporate powers executed by a board of nine trustees ; its domestic concerns by a board of female managers. 343. Trustees and manager^, and suc^ women as they sjudl. admit as members, shall be entitled to vote at election and on questions submitted. 344. The property of the corporation vested in and managed by the board of trustees. 245. Board of trustees shall have power to choose president and secre- tary, to appoiint. agents and servants and fix duties and compensa- tion and to make laws governing their action. 246. When a chEd is surremiered to theit charge may bind out. 347. Shall be entitled to distributive share of school moneys raised in the state and in city of Auburn. ■' 348. Superintendent of the poor of Cayuga toilnty to oontrdct with the managers to board and clothe children, not to exceed eighty cents per week, and be: entitled to money appropriated fet'wphan asylums in the state. , . • 349. Orphan asylijm of the Hojy Fsimily, of Aiiburn; its object, to pro- vide relief for orphan and destitute childl-en of that city. 250. Trustees may bind but children surrendered to their care, when of the full age of eight years. 351. Male inhabitants of the village of Moravia shall be assessed poll t tax of fifty cents, except certain persons. 352. One overseer of poor in city of ,4-n^urn. 253. Shall hold office for one year. 254. Common council shall fix salary and may remove. 355. Such overseer of poor shall have same powers and be subject to same restrictions as others in Cayuga county, and report to com- mon council each month. 256. Indigent persons in Auburn to be supported in the manner provided by law. 257. Such overseer to bind out children, and to have such other powers as are conferred, on town overseers. 358. Poor accounts to be audited by supervisor,, justice of the peace and city clerk. 359. Overseer to keep an office and make monthly reports, and in rela- tion to the purchase of supplies. 260. Compensation of overseer to be determined by the common council. ^riBteni § 2^2. Hereafter there shall be three superin ten dents entspoorin of the poor in the county of Oayuea. 8 1. eh 141 CayTjga co. -i ggo •> n a i ) Their § 233. There shall be elected at the next annual state eicctioD. election two superintendents of the poor in said county. !i!.';ermino '^^^ "Icrk of Said county, on the first day of Januarj' I'Jrmof"^ thereafter, shall determine by lot which of the persons snperiu- SO choscn sliall serve three years and which two years, ca"ig"a"' and they sha,ll serve accordingly At each annual elec- Loiinfy tion thereafter there shall be elected one superintendent of the poor in said county, who shall hold his office fo] RELIEF OF THE POOR. 63 three years frbm the first day! of January niext attier Budh ■ejection. § 2, ch. 14ly iSfiS.- "'■ ' '■<''- § 234 -The board of supervisors of: the c6unty' of ^°^l^lora Caynga shall hereafter at < 'their annual meeting audit to audit and settle all accountsJQf the superintendtats of the po'6r ^cowL^ot and of the keeper of the county poor-house of said county, a^Sts'ot^"' the accounts of i the overseers of the p6or of ' the city of '^"'""^^j Aubiirn, and .of the several towns of said dourtty,'for ser- respect to vices a;nd expenses ineUrrediby th«m for the temporary reuS"""^^ relief of the copntyipoor of said county, and the 'accounts of. all other persons for lite services rendered, or for sup- plies furnished, and for medical attendance ^byphysidiaus ifor the poor chargeable to; said county. § Ij-ch. 233, 1858. , , ^.:r ... ,, ., . i: . • ..' ■--'' i.§;235. The-b<5ardof. supervisors of said county shall ^°Z"ct ;have power to. icontract^ v?ith: any pePson or persons for withper- supplies to b^'filrnished to the poor ehargeable to saiid ISppUes. county as county pkupers^ and to fix' the salary of thfe overseers of the poor j of the. ' city of Auburn, iiJ ssM couritjj .for their i. personal' services in 'ih^ discharge of their; oflBcial. duties, so iar as relates to ^ the paupers of said city, chargeable. to said dsutit'jf, of Cayuga. §2, same ch. .;.,.;- •' ..^i ■■' '-""■'. §i236. The ,superinttod6nt8 of the poor of ith« said supenn- county of £}ayuga are hereby constituted a febbordinate boot™ board to assist in auditing the- poor expensfes of said audifore,&c county, and shall be under the, direction and 'control- of the board, of isupeijvisors of i sa,id county. § 3, same ch. <. , §237. The superintendentsiof the poor of said county, supermteii- the keepeii of the: county poor*-house and the overseers hl^f^K^- of thei poor-iof the towns and of the i city of Auburn, in pfiesflim'- said couQtyi, shall not, nor .shall either; of them be directly ished, &c. or indirectly [interested in any supplies furnished or or- ,dered by them or either of them.; and no accounts shall be audited by said board of supervisors for services, ren- dered, or supplies furnished for thepoor of saidicounty, unless the same shall be made out in items, with dates, stating the tinjeand nature ofihe services rendered, the quantity and quality of the. articles furnished,, and ithe time when the same were delivered, duly verified accord- ing to the form prescribed by law applicable to accounts 3,udi ted. by 1 boards of supervisors. . § 4, same ch. y. ""';;',, .„§ ,23,8. , The, superintendents of , the county poor, shall ^J,^^^*^^ in ep.cb, yew render under.oath tothe iboard of super- to board of .yisors of said county, atits .annual meeting, a. true and '"p®"''°™ faithful statement of all. Jmoneys received by them from said county, and from the commissioners of emigration for the support of the county paupers, of all the products raised on the county farpi belonging to the said county 64 Book to be kept, Jk. Power of board of enperris- ort, Ac. Cayuga asylnm for destitute children created. RELIEF OF THE POOR. poor housp, and of the dispoaition whis" has been made of the same, and of all labor which has been performed by the county paupers, or by any property belonging to tlie county, with the manner in which and the persons for whose benefit the same has been pei-formed. § 6, ch. 233, 1858. § 239. It shall be the duty of each overseer of the poor in said county of Cayuga, to enter in a book to be bynim kept for that purpose, a full and accurate statement of all sums of money by him received or expended las such overseer of the poor, with the date of the receipt and disbursement thereof, the name, age and sex of each p6or or indigent person relieved by Kim, and the cause of pauperism or indigence in each case, so far as the same can be ascertained, and the items of exjienditure in the relief of each such poor or indigent person. It shall be the duty of each of said overseers of the poor to make and furnish to the supervisor of his town^ within one week preceding the annual meeting of the board of supervisors, a just and accurate transcript of all the statements and. entries so required to be niade by- him, for the year ending on the first day 6f November in each year; and it shall be the duty of each supervisor to whom such statement shall be furnished, to deliver the same to ;jbhe clerk of the board of supervisors of said county, on or before the first day of the meeting of said board in each year. § 6, same ch. ■ § 240. The board of supervisors of said county shall have power to direct, by resolution, to be entered on its minutes, in relation to and the manner in which the sup- plies for the county poor house, or any portion thereof, shall be purchased, obtained or contracted for, and also as to the amount and manner of aflbrding temporary relief by the overseers of the poor of the several towns in said coimty; and when any such direction shall be given by said board of supervisors, the same shall bo observed and carried out by the said superintendents and overseers of the poor. All provisions of law inconsistent with the provisions of this act are hereby repealed. §§ 7, 8, same ch. § 24:1. The persons hereinafter named, and such others as shall hereafter become members of the corporation in manner hereinafter mentioned, are constituted a body corporate by the name of " the Cayuga asylum for desti- tute children ; " the object of the society shall be to pro- vide a temporary home for orphan, half- orphan and des- titute children, supply their necessities, 'promote their • So In tbe original. BELIEF OF THE POOR. 65 moral, inteUectnal a,nd religjiotiS improvement,; and: fit lihem for situations of i uisefulness. § l,>0h. 207, 1852. ; : • § M2.1 The copporate powers ®!F the society shall be ex- corporate ercis'edi in reo-ard to itsprbperty, by a board. consisting of ercTselbya nine ni'a'le' triWtees; and in regard to the appropriation {'^"^p"/ " of its income, the care and management of the children, and' of its internal arid domestic coricefnsy by a board of female managers, consisting of {((first, second, and third directress, a treasurer, a secretary, and twenty-seven other female managersi,; residing at the. time of their elec- tion ior .appointment in-. the county of Oayuga. § 3, ch. 207,'1852. ... '...] : . ■..;■ • ,.■( , ... :... § 243. The trustees and'mang,gers for the time, being, whoshaii and all such women as they shall admit a8members,'and *™°'" ^" as shaill annually contribute, to .the funds of theisociety the sum of one dollar; or upwards, or such other sum as shall hereafteribeprescribediby the by-laws of the hoard of managers, shall, during the respective periods of thejr continuance in office, ^rid durirffe the years iW or for which such contributions shall be made, be the members of the society, arid be eri titled to vote at itfe: electioB^s, and upon all' questions subriiitted to' its decisiort>'by the board of :managers and board of trustees respectively, or eithe^iof them, at any public meeting of the society regularly con- venedi § 3, same ch. ' i, ■ § 244. The property of the corporation, both real aiid Property personal, shall be .vested in and managed by the board of, Se'toata.^ trustees, who shall be ex officio icounselloi'S of the board of managers, and as. such shall be bound from time to time; upon i-eason able request of the said board of raan- agersj, to advise them as to the performance, of their du- ties, and to- furnish them with'^such information as shall ,'be]iieedful regarding the property and fiinda iof the said corporation^ §,5, same.ch ' ,: §'245. The board of trustees shall haye power by a m,a- May choose jority of votes to choose a president and secretary from ankTe'cr™' their.own body, and to appoint suchagents and servajits ap'potSf as may iarom time to time be necessary in the perform- agents, &c. ance of. their trust, and to compensate ■ and pay such agents from the funds of the corporation, and to prescribe the duties of such officers and servants respectiviely; and, also, to make; such by-laws tod regulataoms (not incon- sistent with the lawslof this. stat6). for the, government of their own board, and for improving, investing and dis- posing of the funds, and, property bt the society as they inayi from time, to time judge necessary and, expediefiit. §■6, saim0, ch.. , ,. [■:■ ' ,. ,, § 246. "Whenever any child sha;n. be surrendered to the when a charge and direction of the said eorporation, by any in- <=''"^*'^'"' 9 66 RELIEF OF THE* POOR. Sha*Tof *° struraent in writing, signed by a parent or guardian of corporation snch child, Or by a superintendent of the poor of the county of Cayuga, or by one of the overseers of the poor of the city of Auburn, the said trustees may, in their dis- cretion, bind out such child to some suitable employment, in the same manner as overseers of the poor are by law authorized to bind out poor and indigent children ; proper provisions shall in every such case be made and inserted in the indentures by which said child shall Tie bound to service, for securing an education proper and fitting to the condition and circumstances in life of such child, and for the instruction in mechanical or agricultural pursuits. § 10, ch. 20Y, 1852. mo'neye. § ^4:7. The Said society shall be Minually entitled to such distributive share of the school moneys raised in this state, and also in the city of Auburn, in the same manner and to the same extent as is now or shall be provided in respect to the common schools of said city ; and the school of said society shall, for all purposes, be considered a separate and additional district school in said city, and shall be subject to the geneml supervision of the board of education of said city, though remaining and being at all times under the immediate direction and management of the said society. § 12, same ch. M?ho"ze" § 2*8. The board of supervisors of the county of Cay- to Instruct uga are hereby authorized to instruct the superintendents tendenti to of the poor of Said county, to annually contract with the ^rith'^'n- managers of said asylum, to board and clothe all children arfum' thrown on said county for support, who are of a proper age to receive its benefits, at a price not exceeding eighty cents each per week for their support. And the said board of supervisors are liereby authorized to levy and collect annually, in advance, in the same manner as other county charges are levied and collected, such sums of money for the above said purpose as the said board of supervisors may deem necessary and expedient ; the same to be paid quarterly, by the treasurer of said county, to the treasurer of the Cayuga asylum, on the presentation to him of bills properly verified, according to contract with the superin- tendents of the poor; and the said society shall, upon complying with the terms mentioned in the second sec- tion of chapter three hundred and sixty-eight, of the laws of one thousand eight hundred and forty-nine, be entitled to a distributive share of the moneys appropriated out of the treasury, and distributed as therein directed, or as shall hereafter be provided by law in relation to the orphan asylums in this state. § 13, ch, 207, 1852: as amended by § 1, ch. 69, 1862. § 249. AH such persons as now are or may hereafter BELIEF OF THE POOR. 67 become members of the " Orphan Asylum of the Holy prphm Family " sopiety, of the city of Aubiirn, shall be and are the 'bStj' hereby constituted a body corporate by the name afore- ^^'""y- said, tor the purpose of providing relief maintenance and education of orphan, haLf-orphan and 'destitute phildj'en in the city of Auburn. § 1,-ch. 623, 18i53, ' § 250. When a child shall be surrendsvftd to the care Power of and custody ,of the said society, by the parent or guardian iSd cmt ° of such chilid, the trustees m^'y bind put such child, being oM'^""- of full age of eight years, to some suitable employment, in, the same manner as overseers of the poor are author- ized to hind out poor and indigent children j but provi- sions ishall be inserted in the indentures of said child for securing an education suitable for such child. In case of the death of the father of any destitute visitation and control; alBolo report to superin- tendent of public instruction, pi^ commissiqners of Ind jan affairs. 270. Treas.ijrer fo pay one thousand five hundred dpllars for the purpose of completing and furnishing asylum building. § 261. The board of superyisors of the fiounty of Cat- , Cattaraugus taraugus , lat , any . annual ; meeting of p^id board, by ths.houseVay"^ a,ffirmative yote of two-thirds of all thenaeirabers elepted, ''®'^®'"°^^'*- may remove the county poor-house to any part , of , the. said county, and for that, purpose may designate and pur- chase fi Tiew site . lor the poor-house buildirjgs, .and. cause, the necessa?;y , buildings , to, . be erected upon, the site so, designated. §1,0^1276, i860. ,, _ . , , . ,; ,i .. § 262. In case qf .su^h rempval the said board of super-; Poor-house yisors, by the affirnjative, . vote .pf, two-thirds, wpaW- instruction, from the general, fund, as provided in section four, chapter two hundred and thirty-three of the session laws of eighteen hundred and fi%-five, the further sum of one, thousand five hundred dollars, for the purpose of completing and fqmishing the buildings of the Thomas asylum for orphan and destitute Indian children; and the said sum is hereby appropriated for that purpose. § 1, ch. 60, 1856. 7g RELIEF OF THE !POOR. CHAP. VIII. OHAUTAUQUA COUNTY. Shctiok 271. Burial place for the poor of, Jajnestown. "",''. 372. Deputy superintendent of the poor of Chautauqua counfy; \aw appointed -, term of ' office. 273.' Ovferseer in Dunkirk, how elected. 274. Overseer hot to be interested in purchase of supplies. '' § 271., [If the trustees of the village of Jamestown shall' JameBtown convey to the Lake View cemetery, as authorized by section fo/ihe^ow one, chapter five hundred and' sixty-six of the laws of eighteen hundred and sixty-six], so much of the! said ceme- tery grounds as have bteen set apart for the burial of poor persons, sliall, notwithstanding such conveyance, forfever remain appropriated for the burial of such poor persons as shall be inhabitants of said village,' or who shall die therein; and the isaid association, its trustees and officers, shall have no authority by virtue of this' act, or of such conveyance, to make any other disposition thereof. § 2, ch. 566, 1866. !■■ § 272.* The superintendents of the pool* of the county i)epnty ■ of Chautauqua are hereby authorized to appoint a deputy JU|J5S' superintendent of the poor, whorihall be a resident of said' of poor. town [of Dubkirk], and hold his office for one year and 'selsucMed- until his successor shall be appointed, unless sooner re-- '°^^*'^"°'" moved by said superintendents for cause. Iij addition to such powers as said superintendents may legally invest said deputy with, he shall possess all the powers and duties now held by overseers of the poor, and the office of overseer of the poor in said . town of Dunkirk is here- by abolished. Part of § 4, ch. 77, 1866. ■'■■■ §273. Theofficersof the town of Dunkirk, to be elected DnnWrk at the annual town meeting, shall be separate and distinct ''^*"«^'- ' from the village officers [of the village of Dunkirk],*" except ' such officera asi are hereinafter designated, aud shall con- sist of a supervisor, town clerk, two justices of the peaioe, one commissioner of highways, three assessors, who shall hold tlieir office for the term of three years ; one over- seer of the poor, one collector of taxes, three inspectors of election in each election district of said town, who • The whole or the greater part of this section, 272, has been superseded or modi- fled by the succeeding sections of this chapter. b By section nine of title four of chapter 479 of the laws of 1867 it is provided that the overseer of the poor of Dnnliirk shall hold his office for the term of one year, and shall enter upon the duties of the office upon the Monday next succeeding his election. By section one of the same title, as amended by section 2, ch. 24, 187C it is provided that the annual town and village election shall be held on the first Tuesday of March in each year. By section 10 of ch. 24, 1870, section 13 of title 6. ch. 479, 1867, is repealed. ' ' ' RELIEF OE THE POOR. 73 shall pl-eeide at ;tlie annual town and village electionB in said town and -village, as now provided by law, J Said inr speetors. of eleeitio'n shall te i !residents of the ward for vHiich they arb elected. § li,/ title 3, ch. 479,1867, as. amended! by § 1,. ch. 24, 1870. §274. The overseer of the poor, of the town of Dun- overBeer of hkk, in performina; the duties of his oflSce, undbr the laws ^"tater- '° of this: state, shail'inot furnish to any person whatever, ^Jp^u™ groceries, provisions, wood, medicines or property, .out of < any groceries, provisions, wopd,:, medicines , or i property belonging to himself, or in which he i shall be* inteirested, nor shall he be interested in any cointract for the purchas- ing of nisoich/igroceries, provisions, wood, medicines or property. In case of the violation of this section by the saidi overseear, all'oflScersand persons toiwhom the knowl- edge of sueh violation shall come are iereby prohibited, from auditing or allowing to such overseer, any account or claim, for any groceries, provibibna, wood, medicines or property, so furnished,' and the. said overseer shall not be eMitled to receive of any pei'son, officer or corporation, any such account or ^laim, or any part thereof. § .19, same title. . i i:i ' . ,i . CHAP. IX. C|IEMUNG- ■ COinSTTY. ■ Section 275. Expenses for s'ujiiorli of poor in Ctemung county to be audited by board of supervisors. 276. Oveifpeer of poor of Elmira to be eleoteid liy the city at large. 277. Powers and duties of overseer ;i ; compensation to be fixed by the . common council. , i , ! , , i 278. Overseer to give Security'; to prfeseiit estijftate of amount of poor fund to the common councjl in July, they to piesent liie same to supervisors, who shall cause the sanie to be levied. 279. Overseer to hold office for. one year ; Vaj^rarits, &c., in bimira. § 275. The couhty charges for main t&.ining the poor for chemnng the coftnty of Chdrtmng, and all expenses connected with' expen^8e9°to or grc)\yin^ Out of the maintaining of such pOOt,' shaU be ''^ *"*''*^- audiled by the board of supervisors of tbe^said county, the sainle as other teouiity expeiises are' audited. §1, ch. 250,''i858. ' ."■: _ , '; ' ''•;.' '■■.'■ '"§276. The officers of said city [ElUiira] shall consist Overseer of of * *. one ovferseer of the poor, to be 'elected by the city Bim?m"'" at large. Patt of § 1, title 2, ch. 139. 1864, as airiended by §l.,^ch. 86, 18e5,-§ 5, ch. 39, 1867, and § 1, ch. 755, 1870. 10 74 RELIEF OF THE POOR. Salary and § 277. The ovcrseer' of the poor, provided for by this o?*e«eer'of aet, Shall have the same powers and duties as overseerg the poor, ^f (.j,^ ^^j. Jq ^ny town in the county of Chemung, except as otherwise provided by this act. The said overseer shall receive for his services a salary not exceeding three hun- dred dollars in each, year, to be fixed by the common council, and shall not take or receive any other fee or reward for any services whatever. Part of § 3, title 4, eh. 139, 1864. oveyseer g 278. Every person now, or hereafter, elected or ap- security. pointed overseer of the poor in said city, shall give security for the faithful performance of the duties of his office, and to account for all moneys which may pass through his hands, in such manner and to sUch amount a8 the eomijion council may direct, within ten day& after be shall have been notitied of the order of the common council respecting the same, or his office shall be deemed vacant and may be filled by appointment by said council. To present The overscer of the poor of said city shall, a* or before poorftmd"' the first meeting of the common councilin the month of July in every year, present to said council an estimate of the amount which in his judgment will be rei^ired Action of during the year as a poor fund. The said council shall MpeJrisM? present a statement of said sum, or whatever other thereon. amount they shall judge proper, to the board of super- visors of Chemung county, who shall cause the same to be levied, collected and paid over as county and town allowances for poor funds now are by law in case of towns. § 4, same title, office °' § ^^^- -^^^ officers elected or appointed under this act ("An act to incorporate the city of Elmira"), except aldermen, recorders, justices of the peace and special con- stablea, ahall hold their offices for one year, aoid until their successors ah all qualify. Part of § 14, title 2, ch. mmSa"^ 139, 1864. When any person shall be Convicted before " ■ said recorder [of Elmira]* of being a vagrant, such person shall be sentenced and committed to the poor-house of Chemung county for a term not exceeding six months, there to be kept at hard labor; or if such person, in the opinion of the recorder, be an improper person to be com- mitted to said poor-house, then such person shall be sen- tenced to be imprisoned in the common jail of Chemung county for a term not exceeding six months, and shall be to''i"'tion <^ommitted accordingly. Whenever any person shall be ^ " ™" convicted by a court of special sessions, held by said re- corder, of being intoxicated in a public place, such person shall be punished by a fine not exceeding twenty-five dol- lars, or by imprisonment in the common jail of Chemung county not exceeding twenty-five days, or by both such BELIEF OF THE POOR. 75 fine and imprisonment. All that part of said section (section 1, title 7, ch. 139, 1864^j. conferring jurisdiction upon said recorder in civil actions is hereby repealed. Part of § 1, title 7, ch. 139, 18^4, as amended by § 32, ch. 755, 1870. CHAP. X. CLINTON COUNTY. Section 280. Board of Bupernsois may remove pooT-honse. 281. May sell poor-house farm situate in town of Beekmantown. 283: Saporvisor of town of PlattBbnrgh may Bell poor-house lot and apply proceeds to support of poor or town schools. I 280. The board of supervisors of the county of Clin- ciinton ton, at any annual or special meeting of said board, by hoSsFmay' the affirmart;ivej Vote of two-thirds of all the members i>e removed. elected, may remove the county poor-hoxfse to any part of the said county, and for that purpose may designate and pttrtfhase a new site for the poor-house buildings, arid cause the necessary buildings to be erected upon the site so designated-. § i, ch. M, 1859, § 281. In case of such removal, the said board of siiper- Poor-honse visors, by the affirmative vote of two-thirds of all the beToii^ members elected are authorized to sell and dispose of all dttd siriglilai' the poor-house farm and its appurtenances, situate in the town of Beekmantown, upon such terms as thejr shall deem advisable. § 2, same ch. §282; The supervisbr of the town' of Plattsbnrgh, in piattsbiirgh the county of Chntoh, be and he hereby is authorized ta fo^t'^''^"** sell at public auction to the highest bidder the lot and sold. lihe buildin'gs thereon, situated in said town, and known as the poor-house lot, arid to convey the same to the pur- chaser by a suificient deed, and that the proceeds of such J^°"|**?.' . gale be applied to the- support of the poor of said town, or "^"^^ '® for the support of the- schools of said town, as the board of town auditors shall direct. § 1, ch. 590, 1853. 76 REIilEF (^¥ THE ?QPil. CHAP. XI. COLUMBIA 'COUNTY. ' ' Section 283. Overseers of poor in city of Hudson chosen by the electors. 284. Possess same powers as overseers in the towns of said county. 285. County superintendent of poor elected at general election. 286. Treasurer of the county to pay m^nsigers of Hudson orphan relief asylum certain gums qf^ money. 287. Money to be raised by tax. 288. Children from the county poor-house may be transferred to the Hudson Orphan and Relief Association, and, under certain cir- cumstances, may be returned to poor-house. ' ' I 289. Superintendents of poor to report to supervisors the number of children under their care and surrendered to said association. 290. Expense of support to be a county charge. 291. Association has power to bind put children. Overseers § 283. Two overseers of the city of Hudson shall be a SOD. gjjQggjj Y}j ballot by the electors of said city. Part of § 4, title 2, ch. 1Y9, 1854. TheiT § 284. The overseers of the poor of said (?ity shall jpos- powers. gggg ^jjg powers and perform the duties, and, be subject to, the same liabilities as are prescribed by law for over- seers of the poor in the towns of Columbia county.: § 23, title 2, same ch. ■ Columbia § 285. There shall be elected in and for,, the county of H°perm- Columbia, at the next general election j, and annually tendent. thereafter, one county superintendent of the poor, wh'ft, shall hold his officg for three years. § 1, ch. 195, 1^62. tiSSr^?*' § ^^^- ^^® treasurer of the county of Columbia is- Hndson hereby authorized, under the order ^nd direction of the a^inmf Supervisors of said county, to pay ,tp the managers of the Hudson orphan relief asyluni a sum not exceeding one thousand dollars out of the contingent fund of, said county ; and the supervisors of said county are hereby authorized to make an appropriation of a sum not, exceed-, ing one thousand dollars annually hereiafter to said institu- tion, so long as in their judgment the same shall be necessary and proper. § 1, ch. 123, 1851 ; as amended by chs. 101 and 634, 1853. How raised. § 287. All sums of moucy thus contributed may be raised by tax upon the property of said county in like manner as other county expenses of said countv. § 2, ch. 123, 1851. ^ 8 > SS^maybe ^ ^^^- ^^^^y male child under the age of ten years, transferred and every female child under the age of twelve years, orphanTd ^ot deficient in intellect, now in the county poor-house of the county of Columbia, as a county charge, and every such child who shall hereafter become such charge, shall RELIEF OP THE POdR. 77 be immediately transferred and surrendered by the county relief asso- Bnpenntendents or tri,e poor ot said .cbunty to the man- agers of the Hudson orphan and relief association, on the demand therefor of said, nganager^, iH" writing, to be Ijy them cared, for, supported and maintained in the oi^phan house.of said association in the city of Hudson, in accord- ance with the provisions of the act of incorporation of said assopiiation, and it shall be the duty of said associa- tion to assume the care and maintenance of such. children so surrendered to themj and to support and ■ educate the same in all things as other children in the care of the ■ said association, at th6ir said orphan hoiisej are supported and educated; provided, however, that if, by reason of whenchiid- the viciousness or disease of any' child, or .children trans- re°n3^| ferred to the. care of the said association under this act, poor-honse. the said managers shall deem it improper or inexpedient to retain such . chiW or children, in their care, it s^all be lawful for them to,retn,rn such ' child , or children to the county poor-house of said county,' at the expense of the saidasso'ciatibn. § 1, ch. l42,' 1867. §289. The superintendents ^ of th^^ poor of the said Eeportof 'cbu,nty of Columbia, in their annual,' report to the, ?upp- tenlenta visors of' said county, shall respoH the number , of , all chil- of poor, ^ren received into said county poor-house, and a;lteo the iiutriber and,', age and iiativity of all children surrendered by them to the , managers of said asso.ciaj;ion, under ihe provisions of this act,' during tlie year inimediately pre- ceding the date, of their, said rpport, together with the date of the surrender and t\\Q time of the, detention of said chiMren'by said associ3,tion..| § 3, same ch. ' § 290. The expenses of the maint0nan,ce and* supp(j»rt Expense of of such children as shall be transferred by said county ™"e"aSd superintendents to said assqci^iijon, under this act, ^apd support to^ also the expenses of their transportation to the, orphan on county^ house of said association,! shall be a lawful charge upon **■ the said county of Cojumbia, provided that su(^h charge for maintenance and siipport shall not exceed the average cost for each pauper at the, county poor-house,. And the supervisors of said county, on au,^iting, and allowing the bills of the said association, shall charge and levy the same on said coiiuty, and, on the allowance of said bills' by said supervisors, the same shall be paid to the said association by the epiunty treasurer of, said county out of the' funds of ^aid county, i § 3, same ch. § 291. The said association shall have power to bind Binding out out all such • children as shall be surrendered to them of children. under the provisions of this act, in accordance with t)ie provisions of the act of incorporation of the said associa- tion and of the existing la^^s of this state. '§■ 4, same ch. 78 RELIEF OF THE POOR, CHAP, XII. DELAWAEE OOUITTT. Section 292. Object and incorporation of "The Margaretsville Betreftt." 293. Trustees of Margaretsville Retreat (for the inBan^) shall appoint superintendent ; duty of superintendent. 394. Insane persons and drunkards committed by order of county judge on application of relatiTes. 295. Retreat may be visited by state officers. Corporate name of Margaretfl- Tille retreat Objects. Bneiness location. Lnnatic aeylam in Delaware coanty, ofllcecB o/, &c. Their duties. Admissions to retreat. Oommlt- ments on order «f county Judge. Habitnal driinliardp may be received on application. Visitation of Betreat. § 292. John Ferris, George G. Decker, Daniel Eow- land, nilan Doty, and such others of the ehareholders in the Margaretsville Retreat for the insane as may associate with them, are hereby constituted a body corporate by the name of " The Margaretsvijle Eetrieat," with power to establish and maintain, an asylum and retreat for keeping, nursing and treatment of sick, insane and other persons, in the town of Middletown, in the county of Delaware, state of New York. § 1, ch. 378,» 1869. § 293. The trustees of said corporation, " The Mar- garetsville Retreat," shall appoint a superintendent, and, when necessary, one or more assistants, who shall be competent ana well educated physicians, and experienced in tne care and treatment of the insane. It shall be the duty of the superintendent and his assistants to conduct the retreat under such rules and regulations as may be ■ adopted from time to time, in accordance with the pro- visions of this act, by the board of trustees. § 7, same ch, § 294. Any person may be admitted and subjected to the usual and proper restraints of an asylum, on the cer- tificate of two respectable physicians, and on the applica- tion of the nearest relatives of such person, No person shall be confined or placed in said Margaretsville retreat as an insane person except upon an order of a county judge on satisfactory proof, and all proceedings had in relation to the commitment of such person shall be filed in the county clerk's office in the county of Delaware before such person shall be confined. And habitual drunkards may be received and subjected to the usual and proper restraints of an asylum on their signing a written application for admission in the presence of one or more of their nearest relatives. § 8, same ch. § 295. The said retreat shall be subject to be visited by the members of board of state charities, who may examine into the condition of said asylum, and the mode and manner of the treatment of its inmates, § 9, same ch. • An act to incerporate the Marearetsrille Betreat for the Insane. 28, 1889. fasted April RELIEF OF THE POOR. 79 CHAP. XIII. DUTCHESS COTTNTY. Section 396. Expense of temporary relief in the towns of Dutchess county to be kD]?ie by sftid towns. jf97. Bkich town to pay expenses of removing Us paupers to the county " i>oor-house. 298. Expenses to be audited by board of town auditoiSi, 299. Repeal of inconsistent laws. 300. Bepeal of chapter 8, 1860. 301. Commissioners may sell poor-house land and purchase other. 302. May «rect buildings. 303. Commissioners may borrow money, and how paid. 304. Vacancies, how filled. 305. Acts of commissioners legalized. 306. Commissioners of excise in the county of Dutcfhess, who to be. 307. When and where they are to meet. 308. Book of minutes of their proceedings to be kept, and such book to be filed. 809. Power of courts to grant licenses ; fees for such licenses. 310. Licenses to be Mgned, and not delivered by'commiestoners until license fees are paid. 311. Penalties, how to be sued for and how to be applied when collected. 813. Bonds taken, when and where to be filed ; petitions for licenses, when granted, to be filed with town clerk ; his fee for .such filing. 313. When condition of bond broken, duty of supervisor to prosecute. 314. Duty of court in case judgment or conviction is had against the per- son to whom license was granted. 815. Coffimissipners to keep book of their proceedings ; whole amount of excise moneys to be paid over to county treasurer for the sup- port of the poor ; pay to commissioners j disbursements of com- missioners to be audited and allowed as other town charges are. 816. Bond, with sureties, to be- executed by supervisors; condition of sn<^ bond in respect of excise moneys; supervisor in such town only to receive excise moneys. 317. Commissioner in Pooghkeepsie, who only to constitute board of ; bond in respect to excise, with sureties, to be executed by the mayor. 318. Mayor of Poughkeepsie to pay over to commissioners of almshouse «f said city all moneys received by him for licenses or penalties collected under act, and to deliver a verified statement respecting moneys collected for licenses and penalties, &c. 819. Dutchess county excepted from certain portions of chapter 628, 1857, respecting excise. 820. Chapter 418, 1867, not to be construed to remit any penalty incurred under existing laws. 821. Duty of board of excise of Dutchess county immediately on passage pf said chapter, and pen,alty in case of neglect or omission of such duty. "322. Overseer of poor in Fishkill abolished; commissioners and their powers, how elected, i&o. 323. Commissioners to make annual report and such report to be filed. <80 RELIEF OF THE PQOIS. Sectiox 324. Commissioners to make estimate of money wanted ; supervisors to levy and collect and pay over such money. 335. Commissioners to. in(juire jinto. the. circumstances of the poor, and direct either temporary-, Or permanent relief. 326. Commissioner not to be interested in the purchase of supplies ; vio- lation a misdemsanoif. ^ i , • 3 j i . •, 327. Compensation of commissioners. 328. Act to be printed and posted. 329. City of Poaghkeepsie to support its own poor, and shall not be sub- ' ject to taxation for support of thepoor of c6nnty townp. 330. Office of overseer abolished in Poughkeepsie ; appointment of com- iftissioners 6f the almshouse of the city of Poughkeepsie ; term of office ; manner of elation. 331. Commissioners may sue and be sued ; shall have exclusive care and manageippnt of the poor ; may provide cells for the , temporary imprisonment of vagrants ; the recorder of Poughkeepsie required to commit vagrants to the care of the keeper of almshouse, &c. 332. Th^ comtnissioners of excise shall pay to the almshouse commis- sioner money received for licenses. 333. Commissioners of excise shall deliver to the commissioner of alms- house statement of moneys received by them, under oath. 334. Commissioner of excise may deduct expense of collecting. 835. The recorder to pay over certain fines ; collected by him. 336. Money in the hands of county treasurer, recorder and supervisors ,, of the city to "be paid over. , • . 337. 'Fines to be paid over to commissioner of almshoijwe. 338. Superintendent of poor to keep an office in the City of Poughkeep- ,i / ; sie ; his duties. ■ ;., ; , ,; SB9. Commissioners to make report, file the same and publish. 340. Commissioners to estimate annually for support of poor, and com- mon council to cause tlie moneys to b? levied anjl collected, 341. City of Poughkeepsie to, receive its proportion of the value of the county poor-house ; apgl-aisers to ascertain the value of the same ; paupers to be set apart to city. 842. Moneys, how applied ; commissioners may borfo-tv money ; city of PoUjgrhkeepsie liable thferiefor. 343. Commissioners of emigratipSi to pay for foreign paupers. 344. No compensation to commissioners. 345. Oath may be taken before commissiomer or superintendent. 346. Commissioners or superintendent not to be intterested in supplies. 347. Residents and others not disqualified in suits; inhabitants of Pough- keepsie not to vote for county superintendent. 348. Application of statutes. 349. Money to be paid td State Inebriate asylum. 350. Poughkeepsie Orphan House and Home for the Friendless created. 351. Powers of board ftf, managers. 352. May bind out indigent children surrendered to their care. 353. Children to draw proportion of school fund... 354. Who may surrender children in case of death or incapacity of parents. ' • , . Expense of § 296. All charges and expenses incnrred foi^ temporary reuifTn"^ relief in the several towns in tlie county of Dutchess, ?onnty." including the fees of all pfiicers in dispensing such relief, shall be borne and paid by each of said towns respect- ively. § 1, ch. 168, 1850. REMEF OP THE POOR. 81 § 297. Each town in the county of Dutchess shall bear Expense or and pay all expenses incurred in the removal of paupers paupers." from such town to the county poor-house. § 2, ch. 168, 1850. § 298. All charges and expenses incurred under the charges, two preceding sections shall 'be aa-dited iby the board of aSted. town auditors in said towns. § 3, same ch. § 299. All acts and laws inconsistent with any thing Eepeai. herein contained are hereby repealed. § 4, same ch. § 300. The act (chapter eight) passed January twenty- Repeal ch. eight, eighteen hundred and sixty, entitled " An act in *' relation to the poor-house and paupers in I>utchess county," is hereby repealed. Ch. 10, 1861. § 301. David S. Tallman, Johu^ Ferris and Albert Commia- Emons, of the county of Dutchess, are hereby Appointed leirpoo"*' commissioners, with full power, at such time as to them ^°^^^ '*"*' shall seem best, to sell at public auction at the court house, in the city of Poughkeepsie, on at least three weeks' previous notice of the time and^lace of such sale, to be published in the Poughkeepsie Eagle and Pough- keepsie Telegraph, two newspapers published in the city of Poughkeepsie, in parcels or otherwise, the poor-house landj upon which the paupers of the county of Dutchess are kept^ situated wholly or in part in the city of Pough- keepsie, and to make and execute a good and suflBcient conveyance or conveyances therefor, to the purchaser or purchasers, in the name of the said county, and with so much of the proceedis of such sale as may be necessary, the said' commi^ioners are hereby authorized, upon such terms of payment as to them shall seem best, to purchase other farming lands consisting of not less than fifty acres nor more than seventy-five acres, situated in said county, and not less than eight nor more than fifteen miles dis- tant from the Hiuidson river, upon which to keep the county poor of said county, and to take a conveyance therefor in the name of the county of Dutchess ; when the suitable buildings are completed, as hereinafter provided, to remove thereon the paupers and 'personal properlrf of said county, which may be on the present ^OQr-house farm. § 1, eh. 79, 1863. § 803. The said commissioners are authorized to erect, Bniiaing* upon the lands so purchased, suitable buildings for the «ectel accommodation of the poor of said county, and in pay- ment of the expense of construction of such buildings, they are authorized and required to use the unexpended balance of ithe proceeds of the sale Of said poor-house lands, an(| such additional Bum or siims of money as may be necessary, but so that the entire cost of the lands so ^urcha^ed and the buildings ao erected shall not, in tlie H 82 RELIEF OF THE POOR. Commis- eionere may "borrow money. Vacancies may te fUlea. Commis- gionerB actB legalized. Who to be commle- sionerB of excise in towns In SatcheBB connty. aggregate, exceed the Bum of twenty thousand dollars. § 2, ch. 79, 1863. _ .u • A . I. § 303. The said commissioners are authorized to bor- row, in the name and upon the credit of the county of Dntchess, such additional sum or sums of money as may be necessary as aforesaid, to be paid in five equal annual installments, with interest annually on the whole princi- pal unpaid ; and a tax upon the taxable property of the county of Dutchess shall be levied by the board of super- visors of said county, at each annual meeting of such board next preceding the maturity of each of such in- stallments, to provide for the payment thereof, together with the yearly accumulating interest on the whole sum unpaid. § 3, same ch. § 304. In case any of said commissioners shall die, re- sign or remove from the county, his office shall thereby be vacated, but the acts of the others shall be valid until the chairman of the board of supervisors of said county shall, by appointment in writing, duly executed and ac- knowledged, so as to entitle it to be recorded, appoint some person to fill such vacancy, and such appointment shall be recorded in the ofiice of the clerk of the county of Dntchess, in the book kept for miscellaneous records, and such record or a copy thereof, duly certified accord- ing to law, shall in all places be evidence of such appoint- ment and the vacancy thereby filled. § 4, same ch. §305. The several acts of David S. Tallman, John Ferris and Albert Enians, commissioners appointed under section one, chapter seventy-nine of the laws of eighteen hundred and sixty-three, in relation to the purchase of twenty-nine acres, three roods and twenty-nine perches of land from Daniel H. Lyons, in the town of Washing- ton, in said county, to be added to the county poor-house farm, heretofore purchased by said commissioners, be and the same are hereby legalized and confirmed. § 1, ch. 201, 1864. § 306.^ In and for the county of Dutchess the supervi- sor of every town, and the justices of the peace resident therein, shall be commissioners of excise for their townj three of them, consisting of the supervisor and any two jus- tices, shall be competent to execute the powers herein vested in the board ; if the office of supervisor be vacant, then any three of the justices shall form a board ; if there be not two justices in the town, then any two justices of a neigh- boring town may be associated by the supervisor with him, and the three shall form a bo'ard. § 1, ch. 413," 1867. • An act to suppress intemperance and to regulate the sale of Intoxicating uqnors in the connty of DatcheBS. Passed April 17, 1867. Sections 306-S21, 884- 349 of tbiB code, so far as they relate to the sale of intoxicating liqaors, have been superseded or modified by cfi. 175, 18T0. RELIEF OP THE POOR. 83 § 307. The commissioners of excise shall meet in their When ths^ respective towns on the first Monday of May in each ^'*"™'**- year, and on such other days as the isupemsor. shall appoint, at such place as shall be designated by him | or, in case his office shall be vacant, on such other dayscahd at such places as the justices^bf the peace of the i;oWn may appoint. § 2, ch. 413, 186Y. § 308. They shall keep a book of minutes of all their Book of proceedings, in which shall be entered every resolution ™^'''*'- passed by them, granting a license, to any person with the sum required to be paid 'by such person ;' which minutes shall be verified by their signatures, and shall be fileid with the! town clerk within five days, § 3, "• ' ', same ch. : ^ § 309. They shall have power to grant licenses to J°^*^'*° keepers of inns and taverns being residents of their towns, to sell strong and spirituous liquors and wineS to . '; ' be drank in their houses respectively; and to grocers being such residents, a license to sell such liquors and wines in quantities less than five gallons, but not to be drank in their 'shops, houses, out7houseB, yards dr. gar- dens ; and to deterniine the sum to be paid for a licelifee Fee for by each person applying, which sum shall not be less '^"'™^®' than thirty dollars, nor more thai two hundred dollars. § 4, same ch. § 310. The. said' licenses shall be signed by the com- signing ana missioners granting the same; they>sha/ll not be issued Jfcei^fa."' until the duty fixed by the board shall; have been paid; when issued, they shall be in force, unless revoked, itmtil the second Monday of May, in the succeeding year. § 5, same ch. ■;■ ': ■ .;■.' .:';•■ ■-;!',; .; i;, - .-i § 311. The penalties imposed by this act, 'except the ;prb«ecntion penalties provided for iby sections eight, fifteen land nine- ties^^aJt! teen of the act entitled "An act to i suppressi intern- perviuore in perance and to regulate the sale of intoxicating liquors," passed, April sixteenth, eighteen; hundred and fifty-seven, shalliibe sued for and recovered by the supervisors of the rbspective towns when such penalties shall be incurred in any of the towns of said county, and shall, be, sued for By mayor and recovered, by the mayor df the city of Poughkeep- tLp^il'*', sie, when such penalties are incurred in the city, of ; Poughkeepsie^ and when such . penalties shall be recov- M9neyBre- ered, the amount received by said supervisors, shall be pMitiefu™ paid over by them to ithe treasurer of the county of towappUea Butchess foi- the support, of the poor of said cotnty^; and , ! the amount received by the mayor o4 the city shall be paid over to the commissioners of the alms house of said city as provided in section thirteen (section 318) i of this act. § 6, ch. 413y 1867, as amended by § 1, ch. 35Y, 1868. court. 84 RELIEF OF THE POOR. JKiingor I 312. Every bond taken piii-suant.tothe provisions of "^^ this act shall, within ten days after the execution of the same, be filed in the ofiice of the clerk of the town in which the license shall be granted, and, in the .city of Pou^hkeepsie, in the office of the clerk of the county of Dutchess; all petitions upon which licenses are granted shall, within ten days after the grantii^ thereof, ibe filed, in the town clerk's office of the respective towns, for each of which a fee of four cents shall be allowed to Ihe town clerk. § 7, ch. 413, 1867. Supervisor g 3i3_ Whenever a hreach of the condition of such for'*i™each*ibond givcB upou the granting of any liccnse under the Sf'bMd"'"' provisions of this act shall happen, it shall bo the duty of the supervisor of the town in which the person who shall incur the penalty shall reside, to prosecute the same .and recover the penalty therefor. § 8, same ch. Dntyof ■§ 314. The said court shall cause the person or persons '™"* against whom such conviction or judgment was obtained to be notified to appear on such dav as the coTirt shall appoint, to show cause why any such license that may have been granted to him or them should not be revoked. At the day appointed, and on such other days as the court shall appoint, it shall proceed to inquire into the circumstances, and shall revoke the license gi'anted to the person or persons violating the provisions of thifl act. The said court of sessions of the county shall have the power to revoke any license, upon such conviction jor judgment in said court of sessiona, at the term when such conviction is had or judgment renxleced. § 9, same ch. Book of § 315. The said commissioners of excise for the several 'Kconfonii! towns shall keep a book of proceedings in which shall be dmoiritod'* entered the names of all applicants for license, and they shall also enter in said booK a list of all licenses granted by them, with the names of the parties to whom the same arfe granted, and the names of the securities to the bond required in each ease. The said book of uiihutes shall be deposited in the offices of the town clerks of the opmniii- respective towns. No fee or reward shall be taken by toSkafees, ^^J board of excise, or by any member thereof, for any *«• Hciense to keep an inn, tavern or hote^, or to sell strong or spirituous liquors, or for any service required of such Ucense' Ac ^oard ; nor shall any compensation be retained by any to go to ■ such board, or any member thereof, out of the excise county. money, but the whole amount thereof, as well moneys received for licenses granted as for penalties collected under this act, shall be paid over by the supervisor of tho respective towns to the county treasurer of the county for the support of the poor of said county. But the RELIEF OF THE POOR. 85 persons composing such board of excise shall be entitled ^y of conk- each to receive, the sum of one dollar and fifty cents for each day's attendance thereon whea actually done, to be audited, allo\«!ed and paid in like msinner as other town charges, and no other or greater compensation shdll be allowed,, and the said commissioners shall not receive said allowance fot more than two days each'in any one year in any of the towns of said county of Dutchess, except j the city of Poughk«epsie. The expenses of procuring blanks for such licenses as may be granted, and hooka in which to keep their minutes of proceedings when actually incurred, shall be audited',! allowed and paid in like man- ner as Other town charges. § 10, ch. 413, 1867. §1 316. Every person elected to the ofiice of supervisor Bond to be in the several towns of said county, before qualifying fiip™riBor. stud entering upon the duties of said office, shall execute a bond to the people of this state, with at least two suffici- eient sureties, each of whom shall justify in the sum of. "., / one thousand dollars, to be approved by the town clerk of his town, with a condition that such supervisor shall pay over to the county treasurer of the county all moneys which he shall receive by virtue of this act within thirty days from the receipt thereof and before the expiratiojXi of hio term of office ; and no member of the boards of excise in the several towns, other than the sup^rvisorsi aforesaid, shall be, entitled to receive any moneys foi* i licenses granted or penalties recovered by virtue of this, a0t. § 11, same eh. § 317. In and for the city of Poughkeepsie,\ the mayoiT: who to be and the two justices of the peace in said city ghall con- l°^f^^' stitute the board of commissioners of .cixcise in and .for jnPongb- sadd city, with the same powers hereinbefore granted to °*'"' *" the supervisors and justices of the peace of the several towns of said county, to receive compensation at the , same rate, for their services, to be audited, allowed and paid in tlie same manner as other dxarges against the said city, but not to receive compens?.ti[on for more thaa ten, days' service each in any one year. Ihe mayor, of i Bond to be SEjid city shall execute a bond to the people of the state Sayor!*^ of New York in the penal sum of three, thousand dollars, with at least two sureties, who shall justify in ,said snm^ to b,^ approved by the county treasurer of the said, county of Dutchess, with the same condition as the bond herein- before resquired to be given by the supervisors ; of the several towns, and the same to be filed in the offixse of the derk of the county of Dutchess. § 12, same ch.: §318. The mayor of the city of Poughkeepsie shall ah fees for pay over to the commissioners of the almshouse of said Pougiot^ city all moneys which shall be received by him for «'8 *" i"* 86 RELIEF OP THE POOR. p^dto licenses g;ranted or penalties collected under this act commis- within thirty days after receipt thereof, and shall, on the Bionera. thirty-first day of Deccmher in each year, and also within to^hom* ten days after the' expiration of his term of oflSce, make mayor to and deliver to the said commissioners of the almshonse reporter of the city of Poughkeepsie a verified statement, setting ce?veT&c. forth, first, the whole amount collected in said city during said year for licenses ; second, the whole amount received for penalties incurred under this act in said city during such year ; third, the whole amount received from other sources under this act during such year. The expenses incurred by the said mayor in collectitig such penalties and prosecuting any bonds required to be given under this act to be audited, allowed and paid in the same manner ' ' as other charges against said city. § 13, ch. 413, 1867. connty of § 819. The county of Dutchess is hereby excepted exempted irom the Operations and provisions oi sections one, two, eecuSns^f' three, four, five, twenty-two, twenty-three, twenty-four and law of 1857. twenty-six of an act entitled "An act to suppress intem- perance, and to regulate the sale of intoxicating liquors," passed April sixteen, eighteen hundred and fifty-seven, which said sections shall not be held to apply to the county of Dutchess ; but the residue of said act, except wher^ inconsistent or in conflict with the provisions of this act, shall continue to apply to said county, and shall be regarded and construed as constituting part of this act. § 14, same ch. § 320. Nothing in this act shall be construed to remit any penalty or forfeiture incurred under existing laws prior to the passage of this act ; and all licenses herein- betbre granted, and now in force, shall remain valid and in fiill force for the period for which they were granted. § 15, same ch. Duty of § 321. The board of commissioners of excise in and for ESTrd ^^ county of Dutchess shall, immediately upon the pass- age of this act, pass over and transfer all suits and prose- cutions then pending to the supervisors of the respective towns in which such penalties or forfeitures were incurred, and to the mayor of the city of Poughkeepsie all suits and proceedings then pending for penalties and forfeit- ures incurred in said city ; and in case of their neglect or omission so to do within thirty days from the passage : of this act, they shall each forfeit the sum of two hun- dred and fifty dollars, to be sued for and recovered in the name of the people of the state of New York, and from the date of the passage of this act shall cease to act or perform any duties as a board of commissioners of ^v^^f" if ™'^^^®*^' *^^* nothing contained in this act shall ^ec(t any actibn, proceeding or indicJtmeBb now RELIEF OP THE POOR. 87 pending in any court or before any officer, or aflfect any judgment or recovery had or rendered in any action, proceeding or indictment, but shall be preceded with to final execution and satisfaction, with the same effect as if this act had not been passed. § 16, ch. 413, 1867. § 322. The office of overseer of the poor, in the town office of of Fishkill, county of Dutchess, is hereby abolished. aboifahSd There shall be five commissioners for the support of the mi^shkui- poor in said town, who shall have and possess all the Sottewf' powers and authority now vested by law in the overseers of poor in towns, or which may hereafter be vested in .: , , them, and they shall perform all the duties required by J°tYes™ *"* the same, and shall be elected in the following manner, viz. : At the annual town meeting in said town in the How spring of eighteen hundred and fifty-eight, and at every *'^'='^- subsequent annual town meeting in said town, each elector of said town may, on a separate ballot indorsed " commissioners of the poor," vote for five persons, who shall be electors and residents of said town, to be deposited in a separate box, to be provided by the can- vassers of such election ; and the said canvassers shall select from the persons so voted for, one person in each election district, who shall have received a larger num- ber .of votes for such commissioner than any other resi- dent of the same election district ; and the five persons 80 selected shall be declared by said canvassers, commis- sioners of the poor of the town of Fishkill for the ensuing year. And until such election, as provided above, Isaac Present Brinckerhoff, Henry Churchill, Levi L. Van Kleeck, ^JSS'A': Theodore Y. W. Anthony and William Seward, shall be such commissioners. § 1, ch. 89, 1857. § 323. The said commissioners shall, on the last Thurs- Account of day preceding the annual meeting of the board of super- """"^y*- visors of the county of Dutchess, submit to the board of auditors of the town of Fishkill a report containing an exact and accurate account of all moneys received by them, and the sources from which such moneys were received during the preceding year ; an exact and accu- ■ rate account of all their expenditures, and of all debts sxpendi- incurred by them which are unpaid for the same period of ^g^to', &o, titne, and the objects for which such debts were incurred, and to what such expenditures were applied, together with the names of the persons to whom they were paid for the same period of time, the number and names of those provided with permanent relief, the number and hames of thbse provided with^ temporary relief; which said report shall be signed by the said commissioners for Keportto the support of the poor, iiledin the office of the town ''^^s*- 88 BELIEF OF THE POOR. elerk of such town, and published in the papers printed, or in circulars, or both. § 2, ch. 89, 1857. To make § 324. The Said commissioners shall also, on the last estimate. Thursday preceding the annual meeting of the board of supervisors of the county of Dutchess, furnish the super- visor of the town of Fishkill with a written estimate, to be signed by them, of the amount of moneys that, in their judgment, will be required for the support of the poor of said town ; said estimate shall, by the said supervisory be laid before the board of supervisors of the county of ?aperYi8oi8 Dutchess, at their next annual meeting, who shall cause the moneys in such estimate mentioned, to be levied and collected in the said town, at the same time, and in the same manner as the other taxes are levied and collected; and they shall, also, by their warrant, direct and require the collector to pay the same over to the supervisor of the said town, who shall distribute the same between the several said commissioners, a;CCording to the need of each district, to be applied by them to the relief and support of the poor, in the manner herein directed. § 3, same ch. miaBionerT" § ^^^- '^^^J ^^^^^ ^°' ^^"^^ and possess the following power: To visit the poor of Said town (each in his own election district), inquire and examine into their circum- stances, the places of their former residences, their em- ployments, and the causes of their poverty ; and t|i^ commissioners, or any of them, may direct either perma- nent or temporary relief to such poor persons, under such rules and regulations as they may from time to time adopt, in conformity to existing statutes on the subject ; and a majority of said commissioners may till all vacan- cies that may occur in their number, § 4, same oh. Bale ofmer- § 326. It shall not be lawful for the said commission- chandiso. ^^^^ f^^, ^-^^ support of the poor, to ,be concerned or interested dh-ectly or indirectly in the sale of any goods, merchandise, or other personal property found, furnished or provided for the use of the poor of the town of Fish- "cJi?o 'any kill ; nor shall such commissioners, or either of them, pro4ts. take or receive any profit, emolument or- reward for, or on account of any goods, merchandise, or personal prop- erty found, furnished or provided by any person or persons other than such commissioners, for the use of the Misde- poor of said town. Every violation of the provisions of meanor. ^j^j^ sectiou, shall be deemed a misdemeanor, punishable by fine and imprisonment. § 5, same ch. Mtton™" § ^^^' ?"^® ^^^^ commissioners shall each receive for their services the sum of twenty-five dollars per annum, for any and all services they may render under the pro- RELIEF OF THE POOR. 89 visions of this act, and shall receive no otlier fees, com- pensation or emolument whatever. § 6, ch. 89, 1857'. § 328. The tsupervisor of said tov^n shall cause this act Acttoba t6 be publicly posted, in printed handbills, in at least teu i"™**^- different places in said town. § 7, same ch. » § 329. The city of Poughkeepsie shall not hereafter be city of subjected to taxation for the support or ttiajintehance of ^"'tl'slip?* the poor of or in the toWns of the county of Dntehess, Joo"'""'"' nor shall the towns of the county of Dutchess be taxed or required to contribute for the support of the poor of Or in the city of Poughkeepsie j but' such city of Poughkeepsie, for all the purposes of supporting the poor within its limits, and carrying 'intd elfect the laws of the State for the support and- relief of indigent persons, shall be a separate and distinct district. § 1, ch. 286, 1863. § 330. The office of overseer of the poor in the city of Appoint- Poughkeepsie is hereby abolished. There shaR be a cor- «>mmiB- potation in the said city, by the name of " the commis- "°°e™- sioners of the almshouse df the ' city of Poughheepsiei" which shall possess the visual powers of a corporation foar public purposes ; and James Emott, James H. Dudley, James Bowde, Joseph T. Barnard, Matthew Yassar, Jr., and Jacob B. Jewett are hereby appointed sach commis- sioners for the purpose of carrying into effect the pjo- visions of this act. They shall be divided into three Temot classes, and hold their offices for the periods following, °^'"'- that is to ^ay r James Bowne and Joseph T. Barnard shall constitute the first class, and hold their office until the second Tuesday of March, eighteen hundred and sixty-four ; James Emott and James H. Dudley shall constitute these(k)ixd class, and hold their offices untiLthe Second Tuesday of Mar6h, eighteea hundred and- sixtj- five; and Matthew Vassar, Jr., and Jacob: B. Jewett shall constitute the third class, and hold their dffiees until the second Tuesday of March, eighteen' hundred and sixty -six ^ and ' upon the expiration of their several • terms of office, their ptactes shall be filled by persons duVy ele6ted at the annual city election for city officers, he'Id in the city of Ponghkeep&is for the year in which such terms of office shall expire; which elections shall be corf- ducted in the foUoNving manner, that is to say: each elector may place upon: a separate ballot the name of one suitable person, who shall be a citizen of the United States, of full' age, and a resident of said city of Poughkeepsie, under the words "for commissioner of the almshouse," and deposit the same in a separate box, to be prdvided for that purpose by the officers who shall preside at such city elections, and a separate poll-list 12 90 RELIEF OF THE POOR. shall be kept of the persons voting for such commission- ers ; and the two persons having the greatest number of votes; at such elections, shall be declared and deemed to be duly elected ; and at every annual city election there- after there shall be elected, in the same manner, two persons as such commissioners. The persons elected shall hold their office for the term of three years, ana until others are duly elected in their places. § 2, ch. 286, 1863. "'/be Bued § ^^^- '^^® ^^^^ Commissioners of the almshouse may sue and be sued in their corporate name in any of the courts of this state ; they shall have the sole and exclusive care and Authority, and management of the poor in the said city, and shall pro- vide for and maintain the persons enumerated in the four- teenth section of the act (section 20) concerning " the relief and support of indigent persons," in the manner herein- after mentioned ; and for that purpose they shall have and exercise all the powers and authority now vested by law in the overseers of the poor of towns, and in the superintendents of the poor oi counties, not inconsistent with the provisions of this act. They shall also have ,aud possess the powers following : ""• J^irst. To appoint by resolution, to be entered upon their minutes, an officer, to be denominated " the super- intendent of the poor of the city of Poughkeepsie," together with such other agents as may be necessary, in order to carry into effect the purposes of this act ; which said superintendent and other agents shall hold their offices during the pleasure of the said commissioners, and receive such fixed annual salary, as a compensation for their services, as the said commissioners may direct. lb. Second. To visit the poor of said citjy at their several places of residence, and inquire and examine into their circumstances, the number and ages of the members of their families, the places of their former residences, their employments, for what length of time and to what • extent they have been dependent on the public for sup- port, their ability to labor, and the causes of their pov- erty ; and the commissioners may direct either permanent or temporary relief to such poor persons, under such rules *and regulations as they may from time to time adopjt. lb. Third. To contract for, purchase and provide provi- sions, fuel, clothing and other necessaries for the support of or distribution amongst the poor, and such cattle, stock, furniture and farming utensils for the almshouse and lands, hereinafter mentioned, as in their judgment tney may deem necessary. lb. ' Fourth. To purchase in fee simple and take a deed, of ' conveyance to the said commissioners ip theii; corporate RELIEF OF THE POOR. 91 ' name of a farm of land not exceeding one hundred acreS,' and to erect thereon, if necessary, a building sufficient' forth^ residence and accommodation of the poor of said' oity-j to be denominated " The Almshouse." But the amount of miiney, to be expended by the said com- ihissioners in the purchase bf the said farm, and the erection of the said buildings, shall not exceed the sum of thirty-five thousa,nd dollars. And until such farm and buiMings can be* purchased and provided, as aforesaid, , the said commissioners may hire a house and lot of ground fbr a term of time, as a residence for the poor of the said city^ at an annual rfent not exceeding five hun-' dred dollars.' As amended by ch. 143, 1868. ' ■Fifth. The said comml^ioners may also cause to be Authority coastructed within, or within the vicinity of, said alms- vlgranfe. house a cell or cells, or other place or places of confine- ment, for the temporary I imprisonment or detention of vagrants. And the recorder' of the city of Pbiighkeepsie is'herebyre'quired by his warrant, to be directed to and executed by one of the police officers of said city, to com- mit to the custody of the keeper of the =said almshouse; to be confined in siiCh cells or places of confinement, all persons adjudged vagrants, according to the provisions of the act concerning beggars t and vagrants, and sentenced by him to imprisonment therefor ; and the keeper 'bf said almshouse is hereby authorized to require all persons, so committed to his charge, to do and perform such work' and'labor as the superintendent of the' poor of Baid city shall direct ; and the board and maintenance of every such vagrant who, by the provisions of the act concern- ing beggars and yagr^ants, would have been sentenced to the county jail, at a'sum not exceeding twO' dollars per week for a term not exceeding sixty days' upon any one county conviction, shkll be a colinty Char-ge, and shall ,be audited <=iiarge. and paid in the same manner as other county charges. § 3, sub. S, ch. 286, 1863 ; as andended 'by §' 1, ch. 49, 1864. Sixth; The said commissioners shall also have power Authority, to receive frofli the commissioners of emigration all moneys they may become entitled to receive for and on. account of foifeign paupers relieved by them. /S?«era!(A. Such commissioners may also appoint one of ib. their body president ; and- they may also fill all vacancies which inay occur aVriongst their number by death, resig- nation, or otherwise, by appointing some suitable person of persons to fill Such vacancy or vacancies, who shall hold their offices for 'the unexpired terms of the persons whose 'places have tllias become vacant. They shall keep a'Wri'tten record of their' 'proceedings^' and' may establish 98: RELIEF OF THE POOR. Anthority, rt. over Innatlfts. lb. over IWBtarde. Dntyof commiB- Bionere of excise. Thissection and the five succeeding sectjQnaB);- percedcd or modlfled by cb. 413,1867. See ante, {$ 317-819. and note to S 3D6. Tuies and regulations for their own governmeflt, the gov- MTiment of their superintendent, agent and servants,! in the exa.mination of paBpers and others applying for or entitled to relief, or for admission to the almshouse, and in the distribution of food, fuel, clothing and other neces- saories among the' poor of the oity. Eighth. They shall have power, from time to time, to borrow all 6.ucli sums of money a^ they may deem neces- sary to carry out the powers' vested in them by this act, and to give obligations in their corporate name, to b6: signed by their president and secretary, for the payment of such sums of money and of lany debts incurred by them as such commissioners, and the city of PoiTghkeepsie shall, be liable for the payment of such obligations. Ninth. They shall have the powers superintendents of the poor now have in relation to lunatics within said city,' and to provide for their safe keeping in a proper-iplace in such city, or to send them to a lunatic asylum. . Tenth. They shall have the same powers as overseers of the poor and county superintendents of the poor now have in relation to bastards within said city; and all proceedings to be had in such cases shall be in their. cor- porate name,, and all bonds required, according to, the provisions of the statutes relating to bastards, gball be given to them in their corporate name ; but nothing in this act contained shall be construed to release or dis- charge the superintendents of the poor of Dut,che99) county from their liability to any person or persons residing in the city, of Poughkeepsie, supporting any bastard child already ohargjeable to said; county pf DutchesSj in cases in whicjh they have heretofore com- promised with the' putative father for siich support. § 3, ch. 286, 1863. , , § 332. T^e commissioners of excise of the county of, Dutchess shall, on the first day, of Juno in each year, pay to the commissioners of the almshouse of the city of Poughkeepsie for the support of the poor of said city, all moneys which shall be collected and .received by tl)e said commissioners of excise pf the cou'pty of Dutcheps for licenses granted to the inhabitants of the city of Poughkeepsie in said county, under the provisiops of " An act to suppress intemperance and regulate tlie sale of intoxicatingjiquors," passed April sixteenth, eighteen hundred and fifty-seven, after deducting and retaining out of such moneys such ratable proportion of the lawful conipensation and expenses of the commissipners of excise of said county, for hearing applications for licenses and granting licenses, and for other expenses incurred officially in said city, under the said act, as the amount EELIEF OF THE BOOR. 93 of moneys rebeived for licenses tinder said mt, to refei- dents of the city ot Poughkeepsie, shall' bear to tihe wl^ole klnoilnt of moneys received for licenses granted under said act, in the whole- county of Dutchess, in each year: I §4, ch. 2S6, 1863, as amended by § 2, eh. 49, 1864 § 533. The co'mmissioners of excise of the county of Duty of Dutdliess, at the time of paying 'over to the commission- silJS^raor er^ of the almshouse of said city of Poughkeepsie, as twI action required' by the fourth section of this act, the amount moaiflted, received by them for licenses granted under the said isuot §§ sn-aik to sltppress intemperance and regulate the sale of intoxi- cating liquors, in each year shall deliver to the said com- missioners of the almshouse of the city of Poughkeepsie, a statement setting forth : Mrst. The whole amount received by them in such ii>. je&t for licenses^ ' Second. The amouut received by them for licenses !•>• granted to residents of the city of Poughkeepsie. T^hS,td. The whole amount of their lawful compensa- ^^ tipn'ATi^ expenses for such year under said act, in the wjiole county of Dutchess; which statement shall be signed and certified under Oath by each 'of said commis- sioners of excise. § 5, Same chapter, as amended by ch. 49, of .ISei.- . :- I 384. Whenever the commissioners of excise of the commu- couhty of Dutehess shall collect and receive any moneys exSae'inay for pienaltie^ incurred under the provisioins of said act, expense of for violations thereof committed in the city of Pough- S?%i'5s- ' keepsie, they shall deduct all lawfuV expenses for collect- see ante,' ing such penalties, and pay over the -residue i thereof to SS^""^^'- the commissioners of the almshouse of the city of Pough* keepsie, for the Support of the poor '.of said gie shallbe entitled to citato re- receive from the board' of supervisors of the county of portion'^of Dutchess, in money, its fair and jnst' 'proportion of the ^^Jf^'L^^"^ estimated 'value of the county poor-hduse, farm and house, &c. buildings, with the appurtenances and 'the personal property thereon being belonging to said county, which propoi'tion shall be in the same ratio to the ascertained value of the said poor-house andfarm, with the appur- tenances and personal property, as the amount of state and county taxes charged upon the city of Poughkeepsie bears to the aggregate amount of state and county taxes charged upon the county of Dutchess, according to the assessment rolls of said city, and of the several towns in said couhty for the year eighteen hundredtand sixty-twoj for the purpose of ascertaining the value of the Said county poor-house, farm and personal property, the said board of supervisors shall, on the second day of their next annual meeting, by resolution, appoint one competent Appraiaei. and disinterested jperson as an appraiser ; and the said commissioners shall also appoint' by like resolution, one other competent and disinterested person as an appraiser, who shall proceed with all convenient speed to examine the said property and to estimate and appraise all value of the said real and personal property ;: which said esti- mate and appraisal shall be in the form of a report in writing, and shall specify the several pieces and items of property, with the value thereof, and shall be signed by the said appraisers, and filed with the clerk of the said board of supervisors ; and the aggregate amount of such values shall be deemed and taken to be the true value of Buch real and personal property. If the said appraisers shall disagree and become unable^ by reason thereof, to * make such report, they shall certify such disagreement in writing, under their hands, to one of the justices of the 96 REXIEF OF THE POOR. Pay of ap- praisers. Paupers to be □um- bered. Sale of poor- house. Applieatic of money. -snpreme court, who shall thereupon, by an order to be raitered for that purpose, appoint one other com.petent and disinterested person as an additional appraiser, to estimate and appraise the value of such propertj' ; and the said three appraisers shall then proceed to re-examine the said property, and to make an appraisement of the value thereof; and the written report of the said ap- praisers, or any two of them, made, signed, and filed as hereinbefore mentioned, shall be final and conclusive as tp the value of such real and personal property. The FeaBona,ble fees and expenses of the said appraisers, for making such estimate and appraisal, shall be paid by the board of superyisoi's as a part of the county expenses. The said board of supervisors shall cause the first propor- tion of the city of Tougbkeepsie, in the said real and personal property, when estimated and ascertained aa aforesaid, to be assessed upon and collected from the towns of the said county of Dutchess, excluding the city of Poughkeepsie ; and shall cause the same, when so OoUected, to be Piaid over to the said commissioners of the almshouse. The appraisers mentioned in tliis section shall also estimate the number of paupers contained in the Dutchess county poor-house at the time of such ap- fr^isal, and shall set apart as belonging to the city of 'oughkeepsie such number of said paupers as shall be equitable,' assuming as the bpsis for such division the proportion which the money apportioned to the city of Poughkeepsie shall bear to the whole amount of county- house property, and such proportion of 'the principal aforesaid shall be taken to the city of Poughkeepsie and maintained at the cost of the city of Poughkeepsie, and the remainder maintained at the expense of the. rest of the county of Dutphess, and all such paupere shall ac- quire a settlement ; and in case of a sale of the said county poor-house, farm, md the personal property there- on, or either, then the said city of Poughkeepsie shall be entitled to receive from the said board of supervisors its fair and just proportion of t^e amount of such sale or Bales, as herein provided ; which moiiey shall be paid to the said commissioners of the almshouse. § 13, ch, 286, 1863 ; as a«iended by § 5, ch. 49, 1864. § 342. The said commissioners shall apply such moneys to the purchase of the lands for an almshouse, and to defray the expense of erecting buildings thereon, or to the payment and satisfaction of any debt contracted by them for such lands, almshouse and , buildings. All other moneys required by them for procuring and paying for lands, almshouse and buildings, and for furnishing the same with farm stock and utensils and furniture, not RELIEF OF THE .POOR. 97 exceeding in all ' thef sum of thirty-five thousand dollars, commis- . shall, upon the request of said commissionerey be, in boSSw"°^ whole or in part assessed upon and. collected from the ^^g^^ig^. city of Poughkeepsie at the iiTst assessment and cqllee- t'o°8. tion of taxes after such request shall be made, and be paid over to the said commissioners in the maimer pro- vided in section thirteen of this act (section 341),; or the said eommissioners may borrow the whole or suchp^rtiof such' moneys as they may deem best, and give obligations therefor in their corporate names, to be signed- by their president and secretary, payable in such amounts and at such times as they may deem best; and the city of Poughkeepsie shall be liable therefor to the same extent g^y^Lg and in the same manner as if such obligations had been sie'tlbe^'' given by said city ; and the common council of said city "*'''®' shall cause an amount sufficient to meet the interest on :;■ such obligations and the principal thereof, as the interest;; and principal fall due, to be levied and collected on said' city, at the same time and in > the same manner as other taxes are levied and collected. § 14, ch. 286, 1863, as amended by § 6, ch. 49, 1864, and by ch. 143, 1868. § 343. The'commissioners of emigration of this State Foreign shall from time to time pay to the said commissioners. of p*"?""- the almshouse of the city of Poughkeepsie all moneys expended by them for the support of foreign paupers in the said city, out of the commutation moneys in the hands of such commissioners of' emigration, according to the provisions of the act "Concerning passengers in ves- sels coming to the city of New York," passed May fifth, eighteen hundred and forty-seven, and the several acts amending the same. § 15, same ch. § 344. The said commissioners of the almshouse shall Nocompen receive no compensation for their services whatever^ for llpeSses" any services to be rendered by them under the provisions ?»»• ' " of this act, but all reasonable and pwoper exjjenses incur- red by them in executing their trusts as such commis- sioners shall be paid out of any moneys raised for the support of the poor as herein mentioned. § 16, same ch. ! . ,,. • § 345. Whenever it shall become necessary to take oatii may prodf of any fact or facts by affidavits or otherwise, to before^om entitle the said commissioners of the almshouse to re- "rlupw""^ ceive moneys from the commissioners of emigration, or intendent. any other fact, the jlroof of which may be necessary to enable the said commissioners of the almshouse to carry into effect the provisions of this act, such oath may be administered hf, and such affidavit taken before, any one of the said commissioners or of the said- superintendent , , ■', of the poor, who are hereby authorized to administer . oaths. § 17. same ch. • 13 98 RELIEF OF THE POOR. Comralt- sloner or enperin- tendent not to be intereBted in certain sales. Residents and other* notdlsqnall- Application orstatates. Proviso. See {J 817- 310. ante. State Inebri- ate asylom. PoDghkeep- ■le orphan hooae, Ac. Powers of board of managers. § 346. It shall not be lawful for the said commissioners of the almshonse, or either of them, or the said superintend- ents of the poor, to be concerned or interested directly or iiK^reetly, in the sale of any goods, merchandise or other personal property found, furnished or provided for the use of the poor of the said city of Poughkeepsie ; nor shall such commissioners and superintendents, or either of them, take or receive any profit, reward or emolument for or on account of any goods, merchandise or personal property found, furnished or provided by any person or persons other than such commissioners, for the use of the poor of said city ; every violation of the provisions of this section shall be deemed a misdemeanor, punishable by fine and imprisonment. § 18, ch. 286, 1863. § 347. No person shall be disqualified from acting as judge, recorder, justice, witness or juror, by reason of I his being a resident, inhabitant or freeholder in said city 'of Poughkeepsie, in any action or proceeding in which the said commissioners of the almshouse are a party. The inhabitants of the city of Poughkeepsie shall not, after the passage of this act, be entitled to vote for superin- tendent of the poor of Dutchess county at any election for such officer. § 19, same ch. § 348. All the provisions of the Kevised Statutes, in relation to the settlement of the poor and their removal from one county to another, shalt^be understood to apply to the two divisions into which the county of Dutchess is divided by this act. § 20, same ch. § 349. Nothing in this act contained shall be construed as requiring the treasurer of the county of Dutchess to pay over to the said " commissioners of the almshouse of the city of Poughkeepsie " any part of the ten per cent received from the board of commissioners of excise of said county, and required by law to be by said treasurer paid to the treasurer of the State Inebriate Asylum, § 21, same ch. § 350. [The Poughkeepsie Orphan House and Home for the Friendless] shall have perpetual succession, whose object and business shall be, by the publication and dif- fusion pf books, papers and tracts, and by other moral and religious means, to prevent vice and moral degrada- tion, and maintain houses of industry and home for the relief of friendless, destitute or unprotected females, and for friendless or unprotected cliildren. Part of § 1, ch. 316, 1852 ; as amended by ch. 595, 1868. § 351. The board of managers shall have power to appoint matrons and such other assistants as they may deem necessary in conducting the domestig and interna) concerns of their house or houses of industry and home RELIEF OF THE POOR. 99 for the friendless ; to make any by-laws and regulations for the government of their own proceedings, and those of all persons so appointed, and of other inmates of their house or houses ; to govern the children under their care, and prescribe their course of instruction and management to the same extent, and with the same rights as exist in the case of natural guardians. § 4, ch. 316, 1852. § 352. In all cases where a child shall have been sur- when « rendered by its natural or other legal guardians to the Jendered'""^ care and management of the society by any instrument ^^°' or declaration in writing, it shall be lawful for the said board of managers, at their discretion, to place such child by adoption or at service in some suitable employment, and with some proper person or persons, conformably to the laws of this state in regard to the binding out of in- digent children, provided that in all such cases the terms # of the indentures shall be approved by the police justice of the village [city] of Pougbkeepsie, or by the surrogatq or by a superintendent of the poor of the county of Dutch- ess, which approval shall be signified on such indenture by the signature of such justice, surrogate or superin- tendent; but in every such case the requisite provisions shall be inserted in the indenture or contract of binding, to secure the child so bound such treatment, education or instruction as shall be suitable and useful to its situation and circumstances in life. § 5, same ch. § 353. The children instructed in the schools connected children in with the houses aforesaid, shall be entitled to draw an to drawTn" annual apportionment from the common school fund, Sent!*'"" according to the average number in attendance, in the same manner as do the children of other benevolent asylums, and the common or public schools of the village of Pougbkeepsie and state. § 6, same ch. . § 354. In case of the death or legal incapacity of a Mother father, or of his imprisonment for crime, or of his aban- ugSgai doning and neglecting to provide for his family, the ^ "* mother shall be deemed the legal guardian of her children for the purpose of making such surrender as afoi'esaid ; and if, in any such case, the mother be also dead or legally incapable of acting, or imprisoned for crime, or shall have abandoned or neglected to provide for her child or children, [the mayor of the city of Pougb- keepsie], said police justice or surrogate shall be by virtue of his office the legal guardian for the like pur- pose, and so in all cases where it cannot by diligent inquiry be ascertained that there is, within the state, any parent or other person legally a,utborized to act in the premises, the said [mayor], justice or surrogate shall be ex-officio such guardians for the same pui:po8e ; and cer caae>. J^OO RELIEF OF THE POOR. suoh guardianship shall extend as well to children already in the care of said societj*, as to those who niay hei^eafter he offered for admission, or received therein; and in either case whether such surrender be made by the mother or by the said mayor, justice or surrogate, and whether before or after admission into the, said home, it shall be deemed a legal surrender for the^ pur- Eoses, and within the true intent and meaning, of the fth section of this act (section 352) ; but no surrender by a mother as provided by this section, shall be valid, with- out consent of the said justice, maj'or or surrogate, § 7, ch. 316, 1852, as modified by § 2, ch, 431, 1870. CHAP. XIV. BJ^ATrPTG TO DUTCHESS AND OHEMUNG COUNTIES.' Seotion 835. Board of supervisors of Dutchess or Chemung counties may change mode of supporting the poor and contract therefor ; may sell poor- house in either county; piroceeds, how disposed of; may abolish office of superintendent. 356. Repeal of inconsistent laws., Board of § 355. Whenever in either the county of Dutchess or of?)Sche«s Chemung, any two successive boards of supervisors in ?onu™8™^ the same county, shall by a vote of a majority: of all ?^tt»mjzed the members of each board, resolve that it is expedient for support to change the present mode of supporting the poor in "'.'""'T;- said county ; there shall thereupon be vested in the board of supervisors of such county, authority and power to contract with any person or persons in such cointy for the support and maintenance of the poor thereof, or to sell and convey the' present poor-house buildings and Poor-house lands attached thereto, and if the supervisors of Dutchess Se'spidf *° county shall so sell and convey, they shall divide the Avails, how proceeds between the city of Poughkeepsie and the sev- applied. gj.j^j tQ^ns in said county in proportion to the amount of county taxes paid by them respectively, and if the super- snperviBorB visors of Chemung county shall so sell and convey, they coi?nty"^y sh^ll divide the proceeds 'in the same manner, among the hnifew. several towns of Chemung county. If such sale or s hous^nud- several towns oi Chemung county. ings. are made then the said iDoard or boards of supervisors may restore in their respective counties the former practice of each town supporting its own poor ; and in case the board of supervisors of either of said counties shall change the present mode of supporting the poor in such county and shall adopt either of the modes herein described, thereupon the oflBce of superintendent of the • See ante, chapters IX and Xm. ^" r §k^'i FEB PELIEP OF THE POOR. ^hl 1837 - - \A poor m such county, is declared to be abolished, and the ;'oac« o*^. term, of offlc;.©ofAe. incumbent or incumbents thereof ggroft'^ shall;termiij4te:at such dateprior to its full period as the '^v","'; f ''0^° board of supervisors shall designate. § 1 ch. 170, 1856. - " ' • § 356. All laws inconsistent with the- above as appliea- Repeal of ble-to the counties of Datohess and Chemung are hereby feuws. repealed. '"§2, same ch. "^ CHAP. XV. ' EpiE COUNTY. Section 357. Brie county superintendeiit of the poor, how elected ; terat of office, when to begin ; his salary and powers ; vacancy, how fiUf d. 358. Keeper of poor-house appointed by supervisors, tq holdjEis office during pleasure of board; 'duty of keeper as to ruleJfcuperin- . tendent to approve of rules ; keeper to furnish super^iors with inventory of property auii to make annual report to thejii ; duties of keeper as to the general care of paupers. 1 S- 359. Bond of keeper and its conditions. ' 860. Inventory and account to be made by present superintendents, under oath, to supervisors. , ; 361. Temporary relief of poor in Buffalo. ' 362. Buffalo overseer his powers duties &o. &c. 363. Buffalo juvenile asylum cireated. -; 364. Objects. 365. Estate, &c., managed by a board of directors;' directors classified and term of office ; vacancies, how filled ; powers and duties of directors. 366. Vacancies, how filled ; elections, how held. 367. Eight constitute a quorum. 368. Site to be procured and asylum built. 369. Children surrendered; form of surrender. ;; ' 370. What children such asylum may receive ; what children only received in such asylum can be a town or county charge. 371. Destitute children, beggars and abandoned children may be com- mitted to care of such asylum Upon certain proceedings. 373. Duty of officer serving summons. 373. Parents or guardians may demand an examination; magistrate may issue warrant of commitment ; form of warrant. 874. Policemen or constables may arrest children. 375. Child mayjjje discharged upon agreement being jgiven: for its sup- port; , 876. Violation of agreement to support and ppnal^y therefor. 377. Magistrate shall make order for' security and support ; child brought before him. 878. Vicious children may be discharged or retiirned to poor-house. 879. Repeal of sections 3^ and 28 of ch. 133, "1856. 380. County to convey land to asylum and may make appropria-i ■ tions, &c. 381. Child, hotv discharged from asylum and conditions of discharge. 102 RELIEF OF THE POOR. Skction 882. Children may be bound out. 383. Indentures not to be assigned, but may be canceled. 884. Complaint of cruelty may be examined into and custody of child resumed. 885. Occnpation not to be ^stricted. 886. Certain agreements void and penalty therefor. 887. Upon death of master, indenture, with consent of child, may b« 888. Board of directors, guardians of children, master to make report every six months. 889. Board of directors to make report to the legislature. 800. Common council of Buffalo to visit the asylum. 891. Commissioners of emigration to pay for support of emigrants. 392. Schools established by asylum shall participate in common lehool fund. 893. Duty of directors when asylum is completed. 894. The children's aid and reform society may be merged into this. «5. Act, when to take effect. 6. The society for the protection of destitute Roman Catholic children of Buffalo, what children may be committed to. 897. When children may be bound out by such society. 898. Children intrusted to care of such society to be deemed to be in lawful charge and control of the same ; how such intrusting evidenced. 899. Magistrate may commit certain vagrant and neglected children to the care of such society ; form of such commitment. 400. How warrant of commitment to be executed. 401. Notice to parents or guardians of such warrant. 402. Return of constable on such notice ; form of notice to be posted if parents or guardian cannot be found. 403. How child may be recovered. 404. Final commitment. 405. Restoration in case of improper commitments. 406. Disposition of vicious children. 407. Corporation guardian of indentured children ; master to report to it every six months. 408. Corporation to report each year to the legislature and to the com- mon council of Buffiilo. 409. Common council of Buffalo to inspect once in each year; certain ofBcers ex officio managers, 410. Duty of said corporation. Election of § 357. There shall be elected at the next general elec- deSriS"'"' tion in thfe connty of Erie, and in o&ch third year there- wnnt?.^"^' ^^'*^*''» ^* t^® general election, one superintendent of the poor, to be chosen in the same manner as other county offl™, when officers of said county, and whose term of office shall be to begin, three years, and shall commence on the first day of Jan- ^offlM ™ ^^^^^ "^^* succeeding his election. The terms of office present of the present superintendents of the poor of the said deSt (terai county shall cease and determine on the first day of January next. The superintendent of the poor of said RELIEF OF THE POOR. 103 county shall take and file his oath of office in like manner oathof as other county officers, before entering upon the per- " "' formanee of the duties of such office, fiis salary shall be fixed by the board of supervisors of the said county be- saiaty. fore his election, and shall not be increased or diminished during his term of office, and the same shall be a county charge. The superintendent of the poor of said county, powors, iia- hereafter to be elected, shall have and possess all the *"'"««• **- powers and an,thority and be subject to the same liabili- ties, pains and penalties as the superintendents of the poor of the said county now have and possess and are subject to, under the present law, except as otherwise herein especially provided ; and in case of any vacancy vacancy, occurring in said office by death, resignation or other- 5'5J"'P''<' wise, the board of supervisors of said county shall fill the vacancy until the next general election, when the vacancy shall be filled by the people choosing, in such election, some person to fill the same, in the same manner as tbe^ superintendent is originally chosen. § 1, ch. 461,* 1867. ^ 358. The board of supervisors of the saiS county shall Keepw of Eossess the sole power to appoint a keeper of the poor- honfel" ouse, to hold his office during the pleasure of the board, and the said keeper, when so appointed, shall have power and it shall be his duty : 1. To establish and ordain prudential rules, regulations Duty of. a» and by-laws for the government and good order of the *" "'"• poor-house, the county farm and property connected therewith in said county, and for the employment, relief, management and government of the persons therein placed ; said rules, regulations and by-laws shall be ap- who to ap- proved and sanctioned by the superintendent, in writing, •"°" ™'°'' and a copy thereof, with such approval, shall be filed with the clerk of the board of supervisors. 2. The said keeper shall in each and every year, at the inventory first day of the annual session of the board of supervisors, &cfSfpoor. furnish to and file with the said board, a full, true and •»■">"• correct inventory of all the goods, furniture, farming utensils, stock and property of every name, kind* and nature, belonging to the said county or in its use, on or connected with the poor-house or the poor-house farm, which said inventory shall specify each article and its estimated value, as near as may be, and shall be verified by his oath, and a duplicate thereof shall be kept by him at the poor-house in a book of invoices, and shall be open for inspection to any taxable inhabitant of said county at ' all reasonable hours. • An act for tbe rapport and relief of the poor, and for tha p^emmsnt of tbe poor department of t&e county of Erie. Fasnd April 19, 1887. 104 RELIEF OF THF POOR. Duty of Icpeper as to pnrchaso of sapplies, Ac. ' Certify to sum? 400 for bringing panpers to pooi^honse. Drawing for ezpenpCB on treasurer of connty. Books of keeper. Annual re- port-of ex- pend! tares, &c., to su- pervisors. Bond of keeper. 3. To purchase the famittiTe, implementfe, material and supplies that shall be necessary, irom time to time, for the maintenance of the poor therera, and to employ, such help to carry on the business of the poor-house as 'shall be necessary, in addition to the labor of the paupers. 4. To certify the amount due to any person for bring- ing paupers to the poor-house, which amount shall be paid by the county treasurer on the production of such certificate, countersigned and allowed by the silperin- tendent of the poor. 5. To draw on tbe county treastirer, from time to time, for all necessary expenses incurred by him in the dis- charge of his duties, to be paid by tlie treasurer out of any moneys in his hands for the support of the poor. 6. To keep a book or books in which shall be entered a correct and full statement of all purchases, contracts, sales and expenditures made by him as such keeper, which book or books shall be open for the ihspection of any taxable inhabitant of the county, at all reasonable hours, and which book or books, and the vouchers for such expenditures shall be exhibited by him to the board of supervisors at each annual meeting of the board and at any special meeting thereof when he shall be Called upon by resolution so to do. 7. And the said keeper shall, at each annual meeting of the board of supervisors and whenever called upon so to do, render to the said board a full, just and correct account in writing, and in detail, of all expenditure made by him and of his doings as such keeper; the amount and value of the products of the labor of the paupers, and of the produce of the farm, and the name of every person to whom any draft on the connty treasurer shall have been given by him, the amount of the same, together with a statement of' what the allowance was made for, and the price or sum allowed for the service or article for which such allowance was made; which statement shall be verified by the oath of the said keeper and shall be filed with the clerk of the board of supervisors. § 2, ch. 46!F, 1867. § 359. Said keeper before entering upon the duties of his oflice shall execute to the treasurer of said county, a bond in such penalty and with such' sureties to be approved by a judge of the supreme court, as shall be determined by the board of supervisors, conditioned for the faithful performance of his duties as such keeper, and the proper application of all money and property coming into his custody as such keeper, and for the due accounting tor the same, which bond shall be filed'with the county treasurer ;' and in case of default in the c'ou- RELIEF OF THE POOR. 105 ditions thereof, or in any of them, the said treasurer is authorized and required to prosecute l!he same to judg- ment and execution, and all moneys collected thereon shall be paid into the county treasury for the support of the poor of said county. § 3, eh. 461, 1867. § 360. The present superintendent of the poor of Erie inventory county, shall make, or cause to be made, and filed with tb be made the clerk of th& board of supervisors at the next annual snperin-"' meeting of the said board, and on the first day thereof, a tendents. fall, just and accurate inventory of all the goods, furni- ture, fkrraing utensils, stock and prpperty of every name and nature belonging to the said county, and connected vfith the said poor-house or poor-house farm at that time in the same manner specified in subdivision second of section second of this act, vsrhich shall be in like man- ner verified by the oath of the said superintendents, and the said superintendents shall in like manner, file with the said board, at the same time a full and detailed account of all expenditures made by the said superin- tendents during the year next preceding,' and shall at the same time exhibit their vouchers for the same, and of all their receipts as such superintendents, with a statement of the sources respectively whence the same were de- rived, and a statement of the produce of the said farm, and of the labor of the inmates of the poor-house, which account shall be verified by oath in like manner as the inventory last aforesaid. §4, same ch. .V § 361. The expenses for temporary relief in the city of Temporary Buffalo, under and by virtue of the law entitled " An act |oo?ta ""^ (ch. 334) in relation to the temporary relief of the poor ^"^^'o- in the county of Livingston, and such other cpuntiesias may adopt the provisions of this act," passed May four- teen, eighteen hundred and forty-five, shall be audited by the superintendents of the poor of said county, in like manner and with the like effect as similar ex- penses in towns are by the provisions, of said act to be audited by the board of town auditors ; and the said superintendents of the poor shall meet for that purpose at their usual place of meeting,' in the city of Buffalo, on the Thursday next preceding the annual meeting of the board of supervisors of said county. Ch. 316, 1854. § 363. [One of] the officers of the city [of Buffalo] to overeeer in be elected by general ticket shall be an overseer of the ^'^*'°- poor. Part of § 1, title 2, ch. 519, 1870. [He] siiall have his powers, the same powers and duties as overseers of the poor in the towns of the county of Erie, except as otherwise provided by this act. Part of § 38, same title. [Such] overseer shall Hie official execute ^.nd file with the city clerk a^o'rid or undertaking to the city, with sureties, in such sum as shall be fixed by 14 106 RELIEF OF THE POOR. Ofllcla] oath Deputies ana clerks. Powers of common conncU. Bnffltlo Juvenile asjrlum. Powers. Objects. Estate, Ac. how man- aged. ordinance, conditioned for the faithful performance of the duties of {his respective ofBceJ, and for the accounting for and payment to the treasurer of all moneys belonging to the city received [by him], and shall, when required by the common council, execute and file a new bond or undertaking. Part of § 16, same title. All bonds and under- takings required by this act, or any ordinance passed by virtue of it, shall be acknowledged, and the sureties therein justify, and the cer- tificate of acknowledgment and the affidavit of justification by the sureties shall be upon the bond or undertaking. Such bond or under- taking shall not be filed without the written approval of the mayor indorsed thereon. § 17, same title. [Such overseer, before he enters upon his office], shall subscribe and take the oath of office prescribed by the constitution, and file the same with the city clerk, and also the bond and undertaking required of [him.] Part of § 21, same title. The overseer of the poor shall, with the advice and consent of the common council, appoint a deputy, [and such overseer] shall appoint one clerk, and as many more as shall be authorized by ordinance; such [deputy] and clerks shall hold their office during the pleasure of the officer by whom they were appointed. The officer and his sure- ties shall be liable on his official bond for the conduct of the deputy and clerks appointed by him. Part of § 59, same title. The depu- ties mentioned in the preceding section shall, in the absence or ina- bility of their principals to perform the duties of the office, and dur- ing a vacancy therem, perform the duties thereof; before entering on the office they shall take the oath of office prescribed by the consti- tution, and execute, with sureties, and file with the city clerk, a bond or undertaking in such sum as shall be fixed by ordinance, conditioned for the faithful performance of their duties and the payment over of all money rect^ived by them. § 60, same title. The officers and the deputies mentioned in section fifty-nine of this title shall be, ex officio, commissioners of deeds, but, as such, shall not be entitled to receive any fees from the city. § 61, same title. The city sliall have power, by its common council, from time to time to enact ordinances : 1. To prescribe the duties of all officers or persons elected or ap- pointed under this act. 2. To define and prevent disorderly conduct; to prevent all disor- derly assemblages, all disturbing noise, all drunkenness in public places ; and to nunish vagrants, beggars and disorderly persons as defined by law. Subs. 1 and 2 of § 8, title 3, ch. 519, 1870. §363. The ["BufiFalo Juvenile Asylum"] shall have the powers which, by the third title of the eighteenth chapter of the first part of the Revised Statutes, are declared to belong to corporations; and shall be capable of taking, by purchase or devise, holding and con- veying any estate, real or personal, for the use and purposes of said corporation ; but such real estate shall not exceed the yearly value of twenty thousand dollars, nor be applied to any other purposes than those for which this corpoiation is created." Part of § 1, ch. 123, 1856. § 364. The objects of such corporation are to receive and take charge of such children, between the ages of five and fifteen years, as may be voluntarily intrusted thereto by their parents or guardians, or com- mitted to it« charge by competent authority, and to provide for their support; and also to affisrd them the means of moral, industrial and intellectu^education. § 2, same ch., as amended by ch. 759, 1857. § 365. Tne estate and concerns of said corporation shall be man- aged and conducted by a board of directors, of which board the mayor aud president of the board of aldermen and the chairmen of the com- • By chapter 807 of 1852 "The Buffalo Association for the Belief of the Poor," was ifloorporated " for the pnipose of improvine the condition and rollevine the mcetsities of the poor in the city of BnfiUo." RELIEF OF THE POOR. 107 mittees of finance, poliee, and schools, of the said board of aldermen, for the time being, shall be, ex officio, meinbers, in addition to twenty-four other persons hereinafter provided for, which board of directors shall perform the duties required of them by virtue of this act without any compensation for their services; and the twenty-four persons named in the first section of this act shall constitute a part of the first board of directors, and shall be streetors divided by lot into three classes of eight each ; and the first class classified, shall hold their offices respectively until the second Monday of Jan- uary, which shall be in the year 1858 ; and the second class shall hold Terms of their offices respectively until the second«Monday of January, which °**"- shall be in the year 1859 ; and the third'class shall hold their offices respectively until the second Monday of January in the year 1860. Jason Sexton shall be the first president of the said board of directors Fresldeat and of the said corporation ; George S. Hazard shall be the first vice- »ml other president, Cyrus P. Lee the first treasurer, and George W. Clinton the ''™'""*- first secretary thereof, and they shall respectively hold their said Termor offices until the second Monday in January, 1858, on which day, and o^oe. on each second Monday in January thereafter, the said board of directors shall assemble as soon as practicable after the close and determination of the result of the annual election of directors, and elect from the directors of said corporation a president, vice-presidptir, treasurer and secretary for the ensuing year. All vacancies in said Vatanclos. offices happening before the expiration of the regular term thereof, may be filled until the next annual election by the board of directors at any regular meeting thereof. The powers powers and and duties of such officers, and of all committees of said *""«»• board, and of all other officers and employees of such corporation, shall be such as shall from time to time be prescribed by the by-laws of said corporation ; but the mdenturing committee to be appointed by said board with power to act in binding and indenturing children committed to its charge, shall consist of the president of the corporation and two other members of the board of directors, and no indenture shall be executed by the presi- dent in behalf of said corporation, except by the consent in writing of the other members of the said committee ; and except that the same may be so executed by the pi'esident or vice-president in pursuance of an express I'esolution of said, board, and all indentures so executed shall be deemed and taken to be properly executed by said corporation. § 3, ch. 123, 1856. § 366. To supply the vacancies occasioned by the ex- vacancies, piration of the term of service of the eight directors, ''°*'''"*^- included in the first class, eight directoi's shall be elected on the second Monday of January, in the year one thousand eight hundred and fifty-eight, by the members of the said corporation, that is, the directors and such other persons as may have contributed fifty dollars at any one time, or three dollars within the year, to the funds of said corporation. This election shall take place under Election, the direction jof three inspectors, to be appointed by the 10§ RELIEF OF THE POOR. board of directors, who shall give notice of the time and place of holding such election, by publishing the same in Pnbucatton ^-^q daily newspapors of the city of Buffalo, for at least two days next preceding said election. The term of offl™°' 0^°^ of the eight directors thus elected, shall commence ° .. -•...„. Qjj ^j^g second Monday of January, in the year one thousand eight hundred and fifty-eight, and the said di- ^ rectors so elected shall hold their offices respectively for three years. Annually, thereafter, there shall be elected Annual in the same manner, th"fe same number of eight directors elections. ^^^ ^j^^jj ^^^^^ ^p^^ ^^^ hold their officos for three years, as herein above provided, in regard to the eight directors elected to fill the vacancies occasioned by the expiration of the term of office of the first class of said Board to Ml (Jirectors. The board of directors shall have the power, vacancies. -, ,,, , ,.-i nii -n • tt , and It shall be their duty, to fill all vacancies that may occur in their own body from any cause whatever, and the person. so elected to fill a vacancy shall hold his office for the unexpired term of his immediate predecessor in oflice. §4, ch. 123, 1856. Quoram. § 367. At all the meetings of the board of directors, '; ■ eight members shall constitute a^ quorum for the transac- tion of ordinary business ; but no purchase or conveyance of real estate, nor removal from or appointment to office shall be made, without a quorum of at least thirteen directors. § 5, same ch. beluiit.'" § ^^^- '^^® corporation hereby created shall, so soon as may be practicable, procure vidthin the city of Buffalo, suitable building sites and lands, and erect and maintain thereon an asylum for such children, as under this act, the regulations to be adopted by the board of directors, and the laws of the state, may be intrusted or committed to the care and management of the said corporation ; such asylum shall embrace the buildings necessary for the comfortable accommodation of the children therein; for their instruction, moral, intellectual and industrial ; and for their general treatment in such manner as may best promote their welfare, and most fully accomplish the beneficent designs and objects of the said corporation ; and until such building sites and lands shall be procured, and the permanent buildings of the asylum thereon erected and completed for" use, the corporation may pro- cure, within the city aforesaid, such temporary accommo- dation as may be necessary for ita purposes. § 6, same ch. [Said asylum may take, hold by gift, purchase or devise building sites and lands elsewhere within the comity of Erie, as well as in the city of Buffalo, for the erection and maintenance of its reception house, or houses and asylum.] § 1, ch. 759, 1857. RELIEF OP THE POOR. 109 § 359. Children intrusted to the said corporation' by snrrenaer, .the voluntary act of their parents or guardians, shall be deemed to be in the lawful charge and bustody of the . said corporation ; aiid silch surrender shall be evidenced by a writing in foriti substantially as follows, viz. : " 1, A. B. (father, mother or guardian, as the' case may i-onn. be), of C. D. (a boy or girl), aged years, bom in ", do hereby surrender and intrust to ' The Buffalo Juvenile Asylum,' for the peifiod of years, the entire charge, management and control of the said 0. D., and do hereby assign to and invest the said corporation with the same Jowers and control over the said C. D. as bhdse of which am possessed. "In presence of ' ." § 8, ch, 123, 1856. § 370. The said corporation may receive and take A^es of under its care and management : tmitedtoTt", 1. Children between five and fifteen years of age, who, by consent in writing of their parents or guardiansy shall be voluntarily surrendered and intrusted to it, bttt the support and maintenance of iany such child in such asy- lum shall not be a charge under this act upon the city of Buffalo, or upon any town of the county of Erie, unless the parents or parent or guardian of such child reside within the county of Erie, when the child is so surren- dered, nor unless the surrender be accompanied, if such parents, parent or guardian reside within the city, by the certificate of the mayor or of the police justice, or a justice of the peace of the city, to the effect that he has examined the case, and is satisfied that the parents, parent or guardian lieside or is unable to maintain and support of provide for such child, and that he approves the surren- " ^ ™" der of such child to the asylum, or if such parents, parent or guardian reside out of the city, unless the surrender is accompanied by such a certificate of the supervisor, or of one of the justices of the peace of the town wherein the parents, pstrent or guardian reside. ' > 2. Children between five and fifteen years of age, who children- may be committed to the charge of the corporation, by by^S'er'lff order of any , magistrate or officer as hereifiafter pro- mag'stratua vided. "' . • ' ■ Lu,-.} 3. Children between five and fifteen years of age, who CMiaren- may have been or may be sent to the county poor-house hon>e^°°'' of the county of Erie, and shall be transferred to the said corporation under any arrangements which may, from time to time be made by the board of supervisors of the said county and the said corporation ; which transfers and ari'aingements the said board of supervisors is hereby atithorized to inake. § 7, ch. 123, 1856 ; as amended by ch. 7S9, 1857. 110 RELIEF OF THE POOR. Oeetitote children bronght by eonatablet. Beggan. Abandoned chlldran. Sanuno&B. § 371. Whenever any child above the age of five, and under the age of fifteen years, shall be brought by any constable, police constable or policeman of the city of BuflPalo, before the mayor or any alderman, police justice or justice of the peace of the said city, upon the allega- tion that the said child was found in any public house, lane, alley, street, highway or public place in said citi or on any wharf, dock, boat or vessel in said city in a state of want or being abandoned, or improperly exposed or neglected by his or her parents or parent, or such other person or persons as may have him or her in charge ; or soliciting alms or charity from door to door, or in any street, lane, alley, highway or public place, or any boat or vessel, dock or wharf, or in any public house or pub- lic oflBce in said city, without being thereto duly licensed, and whenever any child above the age of five and under the age of fifteen years shall be brought by any constable of the county of Erie before any justice of the peace of any town of said county, upon the allegation that the said child was found in any place within said town in a state of want, or being abandoned, or improperly exposed or neglected by his or her parents or parent, or such other person or persons as may have him or her in charge, or soliciting alms or charity in said town from door to door, or in any street, highway or public place within said town without being thereto duly licensed, it shall be the duty of the mayor, alderman, police justice or justice of the peace before whom the child is brought, immediately to inquire into the matter, and if satisfied by competent testimony that there is probable cause to believe the alle- gation to be true, he shall, by an examination of the child, or such other testimonj' and information as he can pro- cure, ascertain the name and residence of the parent, guardian or person in charge of such child, and if there be none, or none in tlie county of Erie, then the name and residence of any other person within the county of Erie whom, from relationship, afiinity or any other cir- cumstance, such mayor, alderman or magistrate may deem likely to take an interest in the disposition of the child, and shall direct a constable or other ofiicer forth- with to summon such parent, guardian or in charge, within the county of Erie, if any there be ; and if there be none, then such other person likely to take an interest in the disposition of the child, if any there be, to appear before such mayor, alderman or magistrate, either forth- with or at some time stated in the summons, not more than ten days after the issuing thereof, to take of the interests of such child; and such summons shall set forth the substance of the allegation, and notify the person RELIEF OF THE POOR. ]H summoned that the child will be committed to the . guardianship of the Buffalo juvenile asylum, should the allegation be proved and the child not be reclaimed by its parent or guardian in the manner provided by law. If upon. due inquiry the mayor, alderman or magistrate can- not ascertain the existing or residence, within the county of Erie, of any parent, guardian or person in charge, or person likely to take an interest in the disposition of the child, he shall, as soon as may be thereafter, examine the matter, and commit or discharge the child as hereinafter nrovided, § 9, ch. 123, 1856 ; as amended by ch. 759, •l857. § 372. It shall be the duty of the policemen, constable Duty of or police constable, to whom any such summons shall be ^° ''*"*°- delivered, to serve the same as soon as practicable by delivering a copy of the same to the party to whom it is addressed, or by leaving it with some person of suffi- cient age, at the place of residence or business of such person, and to certify and report the fact ; and the time and manner of such service, to the mayor, alderman or magistrate. § 10, same ch. ; as amended. § 373. The parent, guardian or person in charge of the Parents may child, or other person taking an interest in the disposi- aSJSattoof' tion of the child, may appear at any time at or before the return time of the summons, and demand an examination of the matter. On such demand or the return day of the summons, if duly returned or at such other or further reasonable time as he may grant on the application of the parent, guardian or friend of the child, the mayor, alderman or magistrate shall examine the matter, and if satisfied* by the examination of the child or other com- petent testimony that the allegation is true, and that by reason of the child's not having any parent, guardian or friend, or that by reason of the neglect, habitual drunken- ness, improvidence or vicious habits of the parents or parent, or other lawful guardians of such child, or by reason of its being required, instructed or habitually per- t mitted by its parent or guardian to beg, it is a proper object for the care and instruction of the said corporation, the said magistrate or officer in his discretion by warrant May issoe in writing under his hand, may commit said child to this warrant corporation, to be and remain under the guardianship of its directors, until therefrOm discharged in manner pre- scribed by law ; such commitment shall be by warrant in substance as follows : To A, B., policeman, or, &c. (naming the officer with Form of his addition of office), you are hereby commanded to take ''»"™"- charge of A. B., a child under the age of fourteen and above the age of five years, who has oeen proved to me 112 RELIEF OF THE POOR. Policemen authorized to anest childnb. Child may be dis- charged. Violation of agrettment by competent evidence, to be a proper object for the care and instruction of the corporation created by an act entitled '.'An act to . incorporate the Buffalo, Juvenile Asylum, passed April seventh, one thousand eight hun- dred and fifty-six ; and who also appears to my satisfac- tion to be a proper object for the care and instruction of the corporation created by the said act ; and to deliver the said child without delay to the said corporation at the house of reception in this city, and for so doing this shall be your sufiicient warrant. Dated this day of , one thousand eight hundred • But no variance from the preceding from'' shall be deemed material, provided it suflSciently appear upon the face of the warrant, that the child is committed by the magistrate in the exercise of the powers given him by this act, and no such warrant or other warrant authorized by the provisions of this act shall be invalid, by reason of the same not being under the seal of the officer issuing the same. § 11, ch. 123, 1 856 ; as amended by ch. 759, 1857. § 374. Every police constable, constable or policeman of the city of Bufialo, and every other constable of the county of Erie shall be and he is hereby authorized, and it shall be his duty after the passage or filing of the reso- lution and declaration of the board of directors, as pro- vided for in the thirty-first section of this act, tp take before any such magistrate or officer any child which he shall know, or have good reason to believe may be legally committed to the said asylum under the provisions of this act, or any amendment that maj"^ hereafter.be made thereto. But no mayor, alderman or magistrate, nor any police constable, constable or policeman of the city of Buffalo shall be entitled to any fee or compensation for any service performed under this act. § 12, same ch, ; as amended. § 375. The child shall at any time before the execution of the warrant be discharged, provided its parent or guardian shall enter into an engagement in writing to the city of Buffalo, or to the overseers of the poor of the town, as the case may require, with such surety or sureties, if any, as the examining officer or magistrate may require, that the parent or guardian will maintain and provide for and take due care of the child, and restrain him or her from wandering about and begging alms. § 13, same ch. ; as amended. § 376. If it shall appear to the satisfaction of the mayor, alderman, or magistrate, before whom a child • So In (he iwlginal. RELIEF OF THE POOR. 113 shall be brought pTirsxiant to the provisions of this act, toinpport that such an engagement liad been previously given and """^ violated, no new engagement shall be received in dis- charge of the preceding. In case any engagement, given in respect to any child as herein provided for, shall bo habitually or intentionally violated, the corporate au- thorities of the city of Buffalo^ or the overseers of the poor to whom it was madcy may proceed thereon and re- ' cover in any court held by any justice of the peace, a penalty of twenty-five dollars and costs, which penalty, when recovered, shall be paid to the treasurer of the corporation hereby created, for the use thereof. § 14, ch. 123, 1856 ; as amended by ch. 759, 1857. § 377. The mayor, alderman or magistrate before whom orders for any child shall be brought, pursuant to this actj shall MSffoil''"* make all due and necessary orders for' his or her security, sustenance and comfort pending the proceeding' and ex- penses thereof, shall be provided for, and paid by the Buffalo juvenile asylum. § 16, same ch. ; as amend«d. § 378. The said corporation shall have power, and it Discharge eliall be their duty whenever any child intrusted ot com- chuirea!' mitted to their cliarge shall be fonnd to be so '^ degratcd, debased "a* vicious, as to be an improper subject j^owi* their care and management, to discharge such child from the asylum, or it such child was transferred from the county poor-house to return it thereto. § 17, same ch. ; as amended. § 379. Section twenty-seven and section twenty-eight Ecpeai. of the said act (ch. 123, 1856) are hereby repealed. § 7, ch. 759, 1857. § 380. The county of Erie, by its board of supervisors, conntrto is hereby autiiorized, in conformity with a resolution here- to asyfum!.' tofore adopted by the board or otherwise, to give and convey to the Buffalo juvenile asylum ten acres on any other portion of its poor-house farm, or in the discretion of said board to give toward the foundation and support of said asylum I such sum of money as may be deemed reasonable, to be levied and collected as a county charge. § 8, same ch. § 381. If at any time after a child shall have been chiw, how committed to the said Buffalo juvenile asylum, as above aucharReii. provided for in this act, it shall be made to appear to the satisfaction of the board of directors of the said asylum, that such child was on insufficient cause, false or deficient testimony, or otherwise wrongfully or improvidently so committed, the said board of directors shall, on the appli- cation of the parent, guardian, or other protector of such child, discharge the child from thie said asylum, and • So in the origlnfCl. 15 114 RELIEF OF THE POOR. CondltionB ofdlscliarge Children to be bonnd out. Indentures not to be ueigned. Maybe canceled. Complaint of craeltf , ftc. restore it to such parents, guardian or protector ; and also, if after a child shall have been properly committed to the said Buffalo juvenile asylum, by virtue and in pursuance of the provisions of this act any circumstances should occur that in the judgment of the board of direc- tors of the asylum would render expedient and proper a discharge of said child from said asylum having a due regard for the welfare of the child and the purposes of the asylum, the said board of directors, on the application of the parents, guardian oi protector of such child, may, in their discretion, discharge the child from the said asylum, and restore it to sis parents, guardian or pro- tector, on such reasonable conditions as the said board of directors may deem right and proper, or the said board may in their discretion, without any such application, by a resolution passed by at least eight affirmative votes, discharge any such child from the said asylum where there are, in the judgment of the direstors voting for such resolution, sufficient reasons therefor other than those in this and the next section (sec. 378) particularly specified ; but siich reasons shall be set forth in such resolution, and copies of every such resolution shall be furnished to the common council of the city of Buffalo at the time of mak- ing the annual report thereto, as required by the twenty- fitfh section (sec. 389) ,of this act. § 16, ch. 123, 1856. § 382. The said corporation shall have power, in its discretion, to bind out or indenture as clerks or appren- tices to some profession, trade or employment, the chil- dren intrusted or committed to their charge ; and for a shorter or longer period, not exceeding, however, in the case of girls, the age of eighteen years ; and, in that of boys, the age of twenty-one years. § 18, same ch. § 383. No person receiving an apprentice under the provisions of this act, shall be at liberty to assign or transfer the indentm-e of apprenticeship, or to let out or hire for any period the services of such apprentice, with- out the consenfr in writing of the directors of the said corporation, or of the indenturing committee thereof In case the master of such apprentice shall be dissatisfied with his or her conduct or behavior, or for any other cause may desire to be relieved from said contract, upon application the said directors may in their discretion, cancel the said indenture of apprenticeship, and resume the charge and management of the child so apprenticed, and shaU have the same power and authority in regard to it as before the said indenture was made. § 19, same ch. « § 384r. If any master shall be guilty of any cruelty, raisnsage, refusal or neglect to mrnish necessary pro- RELIEF OF THE POOR. 115 viaions or clothing, or any other violation of the terms of indenture or contract toward any such child so bound to service, such child mpy make complaint to the hoard of directors of the corporation hereby created, or two justices of the peace of the county in which such child is bolind to service, or to the mayor, recorder or aldermen of any city in which such child is bound to service, or to any two of them, who shall summon the partias before them and examine into, hear and determine said complaint ; and if upon such examination the said complaint shall Exami- appear well founded, they shall, by certificate under their hands, discharge such child from his obligations of ser- vice, and restore him or her to the charge or management of the said corporation in the same manner, and' with like powers; as before the indenture of such child. § 20, ch. 123, 1856. § 385. *No person shall accept from any journeyman choice of' or apprentice, indentured as aforesaid, any "contract or SsUsfb™ agreement, nor cause him or her to be bound by oath or «strloted. otherwise during his or her term of service, that such journeyman or apprentice shall not set up his or her trade, profession or employment, in any particular place, shop, or cellar ; nor shall any person exact from any journeyman or apprentice, after his or her term of ser- vice has expired, any money or other thing for using or exercising his or her trade, profession or employment in any place. § 21, same ch. § 386. Every security given contrary to the provisions certain contained in the last preceding section of this act, shall ^^™®''" be void, and any money paid or valuable thing delivered for the consideration, in part or in whole, of any siich agreement or exaction, may be recovered back with interest, by the person paying the same ; and every per- son accepting such agreement, causing such obligation to be entered into, or exacting money or other thing as aforesaid, shall forfeit one hundred' dollars to the appren- Penalty, tice or journeyman, trom whom the satoe shall have been received. § 22, same ch. § 387. Upon the death of any master to whom any Death of child may have been bound to service, under the pro- "'"''*'• visions of this act, the executors or administrators of such master may, with the consent of the child so bound to service, signified in writing, acknowledged and ap- proved by the board of directors of the corporation created by this act, assign the indenture or contract qf ii^dentwri such service to some other person, which assignment f^/i^^^^ shall transfer to and vest in each assignee all. the rights of the original master, and also make Eim subject to all his obligations. , § 23, same ch. 116 RELIEF OF THE POOR. Board of ; § 388. The board of directoTS of each Corporation uhall bl'^ari.'" betlie guardians of every child bound or held for service lane. jjy virtue and in pursuance of the provisions of this act. They shall take care that the terms of the contract be faithfully fulfilled, and that such person be properly treated ; and it is hereby made their special duty to in- quire into the treatment of every such child, and redress any grievanqp in manner prescribed by law. And it shall be the duty of the master or his assignee, to whom any such child shall be bound to service, and he sliall, by the terms of the indentnre, be required as often as once in every six months, to report to the said board of directors the conduct and behavior of the said apprentice or child so bound to service, and whether such appren- tice is still living under the care of the person to whom he was originally bound, and- if not where else he may be. § 24, ch. 123, 1856. Ereortto § 389. The board of directors of the said corporation tu". gijjj]]^ Qji Qj, ijefore the second Monday of Januaiy, in each and every year, make a detailed report to the legis- lature of the state and the common council of the city of Buffalo, of the whole number of children received into the asylum during the year, specifying their name, sex, place of nativity, age, residence, healtli at tlie time of adniission, state of education, religious instruction, whether their parents are living or dead, temperate or intemperate, the time devoted to instruction, the nature and amount of punishment, the cases of disease, the num- ber apprenticed, or who shall have escaped, died or been restored to parents or guardians, or returned to the com- mitting magistrates during the year, and also such infor- motion as they may liave received of the conduct of those who have been bound out or apprenticed, as well as the facts generally in relation to the performance of their duties ; also their industrial occupations, with their re- sults ; the receipts, expenditure, and financial condition of the corporation, and its general operations, with their results. § 25, ch. 123, 1856 ; as amended by § 6, ch. 759, 1857. Common § 390. It shall be the duty of the common council of rtStasyi™ tlie city of Buffalo, by committee or otherwise, in its dis- cretion, to visit and inspect the said Buffalo juvenile asylum, twice, at least, in each year. § 26, ch. 123, 1856. Commi.. '§ 391. Whenever any child properly chargeable upon "m?^\ton. t^i® iands placed by law at the disposal of the commis- sioners of emigration, shall, agreeably to the provisions of this fact," be received, supported, and instructed in the • M 27 and 38 of ch. 123, 1856, repealed by ( 7, ch. 769, 1857. See ante, i 379. b So la the orlgtoaL RELIEF OF THE POOR. 117 said BnflfalQ juvenile asylum, the said corporation shall be entitled to receive therefor from that fund, sixty dol- lars per annum, and proportionally for any fraction of a year for every such child so received, supported and in- structed in said asylum ; but in no case shall the sum so I'eceived exceed the lowest expense to the city and county of New York, of a child of the same age in any of the public institutions under the charge of the ten governors of the almshouse and prison department of the said city and county. § 29, ch. 123, 1856. § 393. The schools established and: maintained by the common Buifalo juvenile asylum, shall participate in the distribu- »<'''°°"*" tion of the common school ftmd, in the same manner and degree as the common schools of the city of Buffalo. § 30, same ch. § 393. Whenever the directors of the said corporation Dntyoj shall have provided an asylum, temporary or permanent, when'Ssy- under the provisions of this act, and shall, at a regular or '"o^^g^. special meeting of; said board, resolve and declare that the same is ready for the reception of children for the purposes in tlus act mentioned, and shall file a copy of such resolutions, duly certified by their secretary, in the office of the clerk of the city of Buffalo, the provisions of the act entitled " An act to provide for the care and in- struction of idle and truant cliildren," passed April twelfth, eighteen hundred and fifty-three,, shall no longer apply to the said city of Buffalo, but all proceedings against idle and truant children therein shall thereafter be had and taken under and by virtue of the provisions of this act ; and until the said resolution and declaration shall be so passed, and a copy thereof filed as aforesaid, no preceedings shall be had or commitments made undei' the provisions of the ninth section (sec. 371) of this act. § 31, |Same ch. § 394. The board of managers of " The Children's Aid ThecMi- and Reform Society of the city of Buffalo," incorporated andrcrSm by filing a certificate dated on the third day of January *<"'«*^* last, and made under the act entitled " Au act for the incorporation of benevolent, charitable, scientific uni missionary societies," passed April twelfth, eighteen hundred a,nd forty-eight, may, by resolution adopted at any meeting of such managers, merge the said incor- poration in the corporation created by this act, and thereupon the said corporation shall cease, and the effects thereof vest in the corporation created by this act. § 32, same ch. § 395. This act, except as herein provided, shall take effect immediately. § 33, same ch. 118 RELIEF OF THE POOR. Boman Catholic children, when may be comit- tcd, &c. Children may bft bonnd out to Bervice. BondB re- quired. Clothing, and InBtmC' tion of ap- prentices. Form of Itttruating children to t37lum. § 396. Such corporation [" The Society for the protec- tion of destitute Roman Catholic children at the city of BuflFalo "] may take, receive and hold, under its care and control : 1. Children under the age of fourteen years, who, by consent in writing of their parents or guardians, may be intrusted to it for protection or reformation. 2. Children of Roman Catholic parentage, between seven and fourteen years of age, who ma,^ be committed from any county embraced in the eighth judicial district to the care of such corporation as idle, truant, vicious, homeless or vagrant children, and those guilty of petit larceny, by the order or judgment of any magistrate or police justice in said judicial district, empowered by law to make committal of children for any such cause. Sub. 2 of § 5 of ch. 364 of 1864 ; as amended by eh. 891 of 1868. 3. Children of the like parentage and age, who have been placed in the county poor-house of Erie county from the city of Buffalo, may be transferred at the option of the superintendents of the poor of the county of Erie, but no such transfer shall be made except upon an order in writing signed by all the superintendents. § 5, ch. 364 of 1864. § 397. The said corporation shall have power to place the children in its care and control at suitable employ- ments, and cause them to be instructed in suitable branches of useful knowledge, and shall have power at discretion to bind out the said children with their con- sent, as apprentices or servants during minority, or any less period, to such persons, and at such places to learn such "proper trade and employments as shall be judged most conducive to the future benefit and advantage of such children, and any person "to whom any such child may be bound shall execute a bond to the said corpora- tion in a sufficient penal amount conditioned for the good treatment of such child, and to instruct, or cause to nave him or her instructed, in reading, writing and arithmetic, and said trade or employment, and to give such child, at the expiration of his or her apprenticeship, at least one suit of new clothes and not less than lifty dollars in money ; and the said corporation may insert in the in- dentures of apprenticeship such conditions and agree- ments as the superintendents of the poor of the county of Erie, or any officer authorized by law to bind out children, are empowered or required to insert in like indentures. § 6, ch. 364, 1864. § 398. Children intrusted to this corporation, by the voluntary act of their parents or guardians, shall be deemed to be in the lawful charge, control and custody RELIEF OF THE POOR. 'j\9 of the said corporation, and Buch intrusting shall be evidenced by a writing executed by such parents or guardians, and in form substantially as follows, viz. : " I, A. B., father (mother or guardian, as the case may be), of C. D., a boy (or girl), aged years, born in do hereby intrust to ' The Society for the protection of destitute Roman Catholic children at Buffalo,' for the period of yelirs, the entire charge, management and control of the said C. D., and do hereby assign to and invest the said corporation with the same powers and control over the said C. D. as those of which I am pos- sessed." § 7, ch. 364, 1864. § 399. Whenever any child of Roman Catholic parent- Power of age above the age of seven years, and under t^ie age of SMmmu" fourteen years, shall be brought by any constable or grant^n* policeman before any magistrate or police justice, upon °^Sl*°'*4 the allegation that such child was found in any way or care of oor- , street, highway, or public place, in circmstances of p"™"""- want and suffering, abandonment, exposure, neglect or beggary, or shall be arrested and brought before any such magistrate or police justice, by virtue of the provi- sions of the Revised Statutes relating to vagra,nts or disorderly persons, and it shall be proved to the satisfac- tion of the said magistrate or police justice, by competent testimony, that said child is embraced within the fore- going provisions of this section, or that said child is guilty of petit larceny ; and it shall further appear to the satis- faction of sai^ niagistrate or police justice, by competent testimony, or by the examination of the child, that by reason of the neglect or vicious habits of the parents, or " other lawful guardian of such child, that it is a proper object for the care of this corporation, such magistrate or police justice, instead of sending or committing such child to the jail, penitentiary, poor-house or almshouse, or to such other place, if any, as may have been provided by laWj may in his discretion, by warrant or order in Writ- ing, under his hand, commit such child to this corpora- tion, to remain under its care and conti-o;! until therefrom discharged in the manner provided by law. Such order or commitment shall be by warrant under his hand, and in substance as specified in the section (sec. -399) hereby amended, commencing with the words " state of New York," thence to the end of said section. § 8 of ch. 364 of 1864; as amended by ch. 891 of 1868. ["State of Form of New York, County of , ss. : To any constable or °l^^°l policeman of the city (or town) of ment. greeting : " In the name of the people of the state of New York, you are hereby commanded to take charge of (A. B.), 120 How war- rant Bhsll be rxecated Notice to pareDtB or gnardiaaa. Ketnmof coDPtable OB notice. RELIEF OF THE POOR. a child of Eoman Catholic parentage, under the age of fourteen and over the age of seven years, and who has been proved to Ine to be a proper object for the care and control of tlie corporation created and known as " The Society for the protection of destitute Eoman Catholic children at Buffalo," and to deliver the said child -with- out delay to the said corporation, at its house of reception in Erie county, with this precept ; and the superinten- dent thereof, is commandea to receive the said child and keep him until discharged according to law ; and for so doing this shall be your sufficient wai'rant. Given under my hand the day of eighteen hundred and ." Part of original § 8, ch. 364, 1864.] § 400. An order or warrant so made by any such magis- trate or police justice, shall be executed by any constable or policeman, to whom it shall be delivered by such magistrate or police justice, by conveying the child therein named to the house of reception, to be established by this corporation, and such child shall be detained in such house of reception until discharged or removed therefrom in the manner hereinafter provided. § 9, same ch. § 401. Immediately upoii the making of any such order or warrant, the magistrate or police justice making the same, shall deliver to any constable or policeman, a notice in writing signed by said magistrate or poliee justice, and addi'essed to the father of such child, if its iather be living and resident within the city or town whei-e the said child was found and arrested, and if not, 'then to its mother if she be living and so resident, and if there be no father or mother of such child, resident in the said city or town, then said notice shall be addressed to the lawful guardian of such child, if any, or to the person with whom, according to the examination of the child and testimony, if any, received by such magistrate or police justice, such child shall have resided, or to the superintendents of the poor of Erie coiunty, in which notice the party to -whom the same is addressed shall be informed of the commitment of such child to the house of reception of this corporation, and shall be notified that unless taken therefrom in the manner provided by law, within twenty days after the service of such notice, the child named will be committed to the asylum of this cor- poration. § 10, same ch, § 402. Such notice shall be served by the said constable or policeman, by delivering a copy thereof to the person to whom it shall have been addressed, personally, or by leaving it with some person of sufficient age, at his or her place of residence or business ; and it shall be the duty RELIEF OF THE POOR. 121» of snch constable or policeman, immediately on making such service, to return such notice to tlie magistrate or police justice issuing it, with his return thereon indorsed, of the time and place and manner of such service, and "shall also immediately enter in a book to be provided for that purpose, and kept in the house of reception of said corporation, the fact of having served such notice, and the time, place and manner of such service ; and the said return and record of such fact shall, in all cases, be prima facie evidence of the proper service of such notice. Whenever, after careful and diligent search and inquiry, the said constable or policeman to whom such notice was delivered for service as above described, shall not have found either the father, mother, legal guardian or person with whom, according to the examination of the child and testimony, if any, received by such magis- trate or police justice, such child shall have resided, it shall be his duty to make return on said notice of tliat fact, and it shall be the duty of the superintendent of tlie liouse of reception of this corporation to cause notice in the following form, with the blanks properly filled up, to be posted in a conspicuous place in the police station- honse, if any, nearest the alledged residence of the child, and in three other public places in the city or town of such residence, viz. : Notice. — This is to certify that a child of Eoman Catholic parentage, of about the age of yeare, hiair, eyes, complexion, in' height, and said to be of descent, was on the day of ,18 , committed by to the house of reception of the society for the protection of destitute Roman Catholic children at the city of Buffalo, and tliat after careful search and inqury made by , neither the parents, legal guardian, nor person with whom said is alleged to have resided can be found. Buffalo, 18 . Superintendent. And the posting of said notice as above required shall be deemed as equivalent to having duly served it on the parents or guardian, or person with whom the child alleged he or she resided, in cases where they or either ofthem, could be found.' § 11, ch. 3§4, 1864, § 403. If tlie party to whom any such notice shall have how cwi- been addressed, or any other person, shall, within the rocovtJ'o'a^" tunc specified, prove to the satisfaction of the committing magistrate or police justice, that said child is not of Eo- man Caitholic parentage, or that the circumstances of want and suffering, or other circtimstances above de- scribed, under which such child shall have been found, have tot been occasioned by the habitual neglect or mis- 16 •122 RELIEF OF THE POOR. conduct of the parents or lawful guardian of such child, then it shall be the duty of 8^ch magistrate or police justice, by order in writing to the superintendent of the house of reception of the said corporation, to direct such superintendent to deliver such child to the custody of the •party named in such order, who shall thereupon be en- titled to take such child from said house of reception, and such superintendent shall deliver such child accordingly. § 12, ch. 364, 1864. Pinal com- § 404. If such proof shall not be produced within the mitment. ^j^^ above prescribed, it shall be the duty of the magis- trate or police justice by whom the child was committed to said house of reception, to make and transmit to the superintendent thereof a notice in writing to that effect; and thereupon the child named in such notice shall be removed from such house of reception to the asylum of this corporation ; whenever the parent, guardian, or next of kin of any child of Roman Catholic parentage, between the ages of seven and fourteen years, about to be finally committed for any of the causes specified in any of the preceding sections of this act, shall request the said magistrate or police justice to commit such child to said corporation, it shall be the duty of such magistrate or police justice so to commit such child. § 13, same ch. Restoration § 405. If at any time after a child shall have been com- imprope/ mittcd to Said corporation, as above provided for in this menS ^°*> ^^ shall be made to appear to the satisfaction of the board of 'managers of said corporation, or a majority of them, that such child was not of Roman Catholic parent- age, or was on insufficient cause, liaise or deficient testi- mony, or otherwise wrongfully or improvidently so committed, the said corporation shall, on .the application of the parents, guardians or other protector of such child, or the superintendents of the poor, discharge the child from the said asylum, and restore it to such parents, guardian or protector ; and also, if after a child shall have been properly committed to the said corporation by virtue and in pm'suance of the provisions of this act, any circumstance should occur that in the judgment of the board of managers of said corporation, or a majority of them, would render expedient and proper a discharge of such child from the said asylum, having due regard to the welfare of the child, said board of managers, or a majority of them, on the application of the parent, guar- dian or protector of such child, may, at discretion, dis- charge the child from the said asylum, and restore it to its parents, guardian or protector. § 14, same ch. Treatment § 406. Whenever any child of Roman Catholic parent- chudren? age, intrusted or committed to the charge or control of RELIEF OF THE POOR. J23 said corporation, shall, by the commission of any in- famous crime, or by confirmed evil habits, have become so degraded and debased, in the opinion of the board of managers of said corporation, as to be an improper sub- ject for its care,, the said corporation shall have power to return such child to the said committing magistrate or police justice, or other proper authority, to be disposed of in due course of law. § 15, ch. 364, 1864. § 4:01. This corporation sliall be the guardian of ev6ry corporation child bound or held for service by virtue aiid in pursu- ^lentnred' ance of the provisions of this act. It shall take care that ^iiiiaren. the terms df the contract be faithfully fulfilled, and such child or children be properly treated, and it is hereby made its special duty to inquire into the treatment of every such child, and redress every grievance in such manner as is prescribed by law ; and it shall be the duty of the master or his legal representative to whom any such child shall be bound to service, and he shall by the terms of the indenture be required, as often as once in every six months, to report to the said corporation the conduct and behavior of the said apprentice or child so bound to service, and whether such apprentice is still living under the care of the person to whom he was originally bound, and if not, the reason therefor, and where else he or she may be". § 16, same ch. §408. The said corporation shall, on or before the Eeportto fourth Monday of January in each and every year, make ae™orpo- ^ a detailed report to the legislature of the state and to the ""°''- common council of the city of Bufialo, of the whole number of children recgived into the asylum during the year, specifying their names, sex, place of nativity, age, residence,, health at the time of admission, religion of parents, state of education, religious instruction, whether their parents are living or dead, temperate or intemper- ate, the time devoted to instruction, the nature and amount of punishment, the cases of disease, the number apprenticed or who shall have escaped, died, or been re- stored to the parents or guardians, or returned to the committing magistrate or police justice during the year, and also such information as may have been received of those who have been bound out or apprenticed, as well as the facts generally in relation to the performance of their duties, also their industrial occupations, with the results thereof, the receipts, expenditures, and financial condition of the corporation and its general operations with the results thereof. § 17, same ch. § 409. It shall be the duty of the common council of offlciaiTiB- the city of Buffalo, by committee or otherwise, in its dis- spectim. cretion, to visit and inspect the said asylum of the said 124 RELIEF OF THE POOR. corporation once at least in each year, and the mayor and comptroller of the city of Buffalo, and the connty jud^o of Erie county shall be ex-officio managers of the said corporation. '§18, ch. 364, 1864. Dntyofcor- g 410. It shall be the duty of said corporation to give fo"o°hin|, said children good, moral and mechanical training, suffi- minrneof cjent and reasonable clothing, good, wholesome and children, healthy food ; and this corporation is hereby authorized ^n^aUoT' to charge for such care, food and clothing at a rate not therefor. exceeding one dollar per week for each child so com- mitted to its care, from the counties of Erie, Chautauqua, Cattaraugus, Orleans, Niagara, Genesee, Allegany and How paid. "Wyoming, which sum shall be paid by the county from which the child was committed, and shall be levied and I collected in the county so charged, as other county taxes are levied and collected, and paid over by the treasurer of the connty so charged to the treasurer of this corpora- corporation fion. The institution and affairs of said corporation shall tovfeuation at all times be open to visit and inspection by the judges andiuspec ^^ ^^^ various courts in the sixth, seventh and eighth judicial districts. § 19, ch. 364, 1S64; as amended by ch. 891 of 1868. CHAP. XVI. FRANKLIN COUNTY. Section 411. Disorderly persons in Malone may be committed to custody of keeper of poor-house; keeper may keep such persons at work. Difordoriy §411. Any magistrate in Said village (of Maloue) before Saione'*" wliom any person shall be convicted of being a disordei'ly person, may, in the discretion of such magistrate, sentence wich person to be committed to the custody of the keeper of the poor-house of the county of Franklin, for a period not exceeding three months, to be kept at hard labor by such keeper. The said keeper shall have power, and it shall be his duty, to receive all such persons into his cus- tody at the said county poor-house, and to keep them in his custody during the period for which they shall be so sentenced, and he shall also have power, and it shall be his duty, to keep such persons at such labor, in the said Eoor-house and upon the poor-house farm, as they shall e able to perform, and shall supply them with Avhole- some and substantial food, but may limit them to bread and water, or otherwise restrict their food, when neces- sary for discipline and to compel them to labor. § 3, cL 228, 1861. RELIEF OF THE POOR. . 125 CHAP. XVII. FULTOJf COUNTY. Section 413. Superintendent of poor to remove to , poor-Iioase suoh poor in tlie county of Hamilton for wUose support Fulton county is liable. 413. Office of overseer jibolished and duties conferred on super- visors. 414. Temporary relief for poor may be authorized. 415. Superintendent of poor appointed by board of super- visors. 41G. Supervisors to designate persons to visit poor-house. § 412. The superintendent of the poor of the county pf PoorofFui- Fulton is hereby anthorized to remove to the poor-house thJirTfr"'^' of the county of Fulton, all persons residing in the county ""*'• of Hamilton who are poor persons, and for whose supponp the county of Fulton is liable ; and when so removed, all such persons shall be subject to all provisions of law applicable to other poor persons in said county of Fulton. Ch. 724, 1867. § 413. The oiRce of overseer of the poor is abolished in office of the county of Fulton, and in all the towns thereof, and the "JXh'ed powers and duties of such overseers are hereby conferred on the supervisors of the respective towns. § 1, ch. 497, 185.5. § 414. The board of supervisors of said county shall Temporary have power to authorize the supervisor of each town in bo autSo? said county to grant temporary relief in their respective '"* towns, to an amount not exceeding twenty cents for each thousand dollars of the assessed valuation thereof, to be a county charge. A.11 temporary relief granted exceeding the amount so. authorized, shall be a charge upon the town where the person relieved is a resident. In case of inability, absence or vacancy in the office of supervisor, the powers and duties conferred by this act shall be per- formed by the justice of the peace in such towns having the shortest time to serve ; and every such supervisor or justice shall receive for the services aforesaid, one dollar and fifty cents per day while actually employed, or twenty-five cents for each order; but in no case to exceed one dollar and fifty cents for all orders granted in one day. § 2, ch. 497, 1855 ; as amended by ch. 181, 1859. I 415. No superintendent of the poor sliall be elected Term of of- in said county. At the annual meeting of the board of fntendenu*'" supervisors, in the fall of one thousand eight hundred and sixty-two and every three years thereafter, one super- intendent shall be appointed by said board, who shall XW RELIEF OF THE POOR. hold his office for three years from the first day of April following, and shall reside at the poor-house in said county, and be the keeper thereof; said sujJerintendent shall be subject to the direction of the board of supervi- sors. Whenever a vacancy occurs in the office of super- intendent, the county judge, treasurer and clerk shall appoint until the next annual meeting of the board of supervisors. The present superintendent shall hold his office until the first of April next. § 3, ch. 497. 1855 ; as amended by ch. 181, 1859, and by ch. 118, 1862. o°°oor-°° § ^^^" '^^^ board- of supervisors shall designate two house to persons, whose duty it shall be to visit the poor-house tiga?ed.^ monthly, and examine into the condition of poor therein, and perform such other duties as the board shall prescribe and direct. Said visitors shall be appointed by ballot at the same time, and no ballot shall contain the name of more than one person, and the two persons having the "greatest number of votes shall be declared appointed. i, ch. 497, 1855. m, CHAP. XVIII. GENESEE COUNTY. Skcttion 417. Superintendents of poor to be elected in Genesee county ; county clerk to determine by lot term of office. 418. Superintetideuts to appoint a keeper of poor-house. 419. Inconsistent acts repealed. 430. County superintendent of poor, keeper of county poor house and lunatic asylum ; keeper subject to board of supervisors ; may be removed by them for cause. 421. In relation to the support and custody of insane in Gen- esee county. 433. Insane person may be received into the asylum con- nected with county poor-house. 423. Insane persons committed by county judge are to be received in asylum. 434. Insane persons from Genesee county and other places may, subject to regulations of board of supervisors, be received in asylum. 435. Superintendents, in relation to contracts with asylum, may maintain actions. 436. When act to take effect. 437. Powers of supervisors of Genesee to revive distinctions between town and county poor. ' 438. In case of such revival the overseers may or may not, in their discretion, maintain town poor at the county poor house. RELIEF OF THE POOR. 127 § 417. At the next aninial election to be held in this wenesee state, there shall be elected in the county of Genesee euperin- three superintendents of the poor for said county ; one of '«°^^°*'- said superintendents shall hold his oiEce for one year, one for two years and the other for three years from the first day of January next; and the clerk of said county shall ^i^% on the first day of January next determine by lot which determine of said superintendents shall hold his office for one year, ^ ° ' which for two, and which for three years ; and there shall be elected at each annual election thereafter, one superin- tendent of the poor to hold his office for three years to supply the place of the superintendent whose term of ' office will expire on the first day of January succeeding such election. § 1, ch. 102, 1862. § 418. It shall be the duty of the superintendents of f^^i^l'l; the poor of the county of Genesee to appoint a keeper of of poor to the poor-house of said county, from time to time, as oc- kepei"of^ casion may require. § 2, same ch. _ poor-house. § 419. AH acts or parts of acts inconsistent with the provisions of this act, are hereby repealed. § 3, same ch. § 420. It shall be hereafter lawful for the county Powers superintendent of the poor for the county of Genesee, S? super-' to be keeper of the county poor-houge and lunatic asylum Moamed by thereunto attached, and the said keeper shall be at all ch. io2,i8h'3 times subject to su,ch rules and regulations as the board n 417^9. of supervisors of said county shall from time to time direct ; and it is further "provided that a majority of said board of supervisors may suspend or remove, for cause, said keeper at their pleasure. § 1, ch. 22, 1860. § 421. The title of the act to amend chapter one huii- Genesee dred and one of the laws of eighteen hundred and sixty- tufasyiiSf two, entitled " An act in relation to the support and custody of indigent insane persons of the county of Gene- see," passed April first, one thousand eight hundred and sixty-two, is hereby amended so that it shall read as fol- lows : " An act in relation to the support and custody of insane persons in the county of Genesee." § 1, ch. 161, 1863. § 422. The superintendents of the poor of the county insane- per- of Genesee are hereby authorized and empowered to take re?e\^d''iir and receive into the lunatic asylum connected with the "'y'"™- poor-house in said county, all indigent insane persons now confined in the state lunatic asylum of Utica, who have been admitted into said asylum by virtue of a cer- tificate of the county judge of said county.; also, all insane persons who have been removed to said asylum by order of said county judge, in pursuance of section tnirty-two of the act to organize the state lunatic asylum and more effectually to provide for the care, maintenance 128 RELIEF OF THE POOR. and support of the insane, passed April seventh, eighteen hundred and forty-two, and the laws amending or rtiodi- fyina; the same. § 1, ch. 101, 1862 ; as amended by § 2, ch. 161, 1863. Commit- § 423. Whenever the county judge of said county shall, comity In- after the passage of this act, make a certificate coneern- eimeaeyium jj^g ^^^ insane person in indigent circumstances, not a pauper, in pursuance of chapter twenty, title three, article , two, part one of the Revised Statutes, or whenever such county judge shall make an order in pursuance cif said chapter twenty, concerning any insane person in confine- ment, as provided in said chapter, such insane person shall be admitted into the insane asylum connected with said poor-honse, mentioned in the first section of this act, there to remain at the expense of said county, until he or she shall be restored to soundness of mind, or discharged by the superintendents of the poor, or otherwise in ac- cordance with the provisions of said chapter twent}'.. § 3, ch. 161, 1863 ; modifying § 2, ch. 101,1862. &Tpe™ § ^2*- It shall be lawful for the superintendent of the sons- 8eo poor, and keeper of the poor-house in the county' of Gen- esee, subject to such regulations as the board of super- visors of said county may from time to time adopt, to receive insane person's from the said county and from any other place in this state, into the asylum connected with the poor-house in said county, and provide for their main- tenance, care, control and medical treatment at such asylum. § 1, ch. 298, 1860. tafnactimis § ^^^' '^^^^ Superintendent of the poor of said county See ch. 161. of Geucsee may maintain actions upon any contract, ex- 1868- press or implied, heretofore or hereafter made, by the committee, relatives or friends of any insane person, to pay for the maintenance, care and medical treatment of Buch insane person at said asylum, and the money when collected, after defraying the costs and expenses of such collection, shall be used to pay the expenses of such asylum, or used toward the support of the poor in said county. § 2, same ch. § 426. This act shall take efiijct immediately, and have the force of a public statute. § 3, same ch. FnTe'rvLors § ^^7. The board of supervisors of the county of Gen- ti """^'h-® *'®^®' ^^ ^".y S'linual meeting, or at any special meeting trnoiim bt- called for tiiat purpose, may, by a vote of two-thirds of ind^coilSv" the supervisors of said county, determine to' revive the poor. distinction between county and town poor in said county, and thereafter eacli of the towns in said county shall maintain its own poor; and upon their filing such deter- mination, duly certified by the clerk of said board, with the county clerk, the said poor shall be maintained by RELIEF OP THE POOR. 1^ the sevetal towns to which they respeetively belong. § 1, ch. 121, 1839. § 428. If the board of super\'isors in said county shall, overseers of in pursuance of the provisions of the first section of this maiDt™m act, determine to revive the distinction between town ^^|?J jj^jj^ and county poor, it shall be in the discretion of the over- or m county seers of the poor of any town in said county tO maintain ''°°'' '"^^^ the poor under their care in their respective towns, or at the county poor-house ; aijd whenever the overseers of the poor of any town in said county shall determine to support the whole or a part of the poor of their .town at the county poor-house, the superintendents thereof shall receive said poor and said town shall bo charged for their support at the same rate as is charged for the support of the county poor. § 2, ch. 121, 1839. CHAP. XIX. GEEENE GOUNTY. Section 439. Supervisors of Greene county to divide and apportion certain excise moneys, § 429. The supervisors of the county of Grieene are Greene hereby authorized and empowered, at each annual ses- "fs'emoneya sion, to divide and apportion among each town of said tobeaivia- ' ,, T^^ • ^ ^ 1 •° .. n 1 • edbysnper- county as they may deem right and lust.all surplus excise visors te- ••■ii_? i-'j i ii tweenthe moneys remaining jn the treasury oi said county, alter towns, deducting what is necessary for the support of the poor in said county, and also the ten per cent for the state inebriate asylum. § 1, ch. 176, 1861. CHAP. XX. HEEKIMEE COUNTY. Section 430. One overseer of poor to be elected annually in eaoli town in the county of Herkimer, except the town of Little Falls. .,,, 431. Powers same as supervisors acting as overseers ; bond of such overseers. 433. Board of supervJsom shall appropriate money for the temp9rary relief ,Qf the poor. ■ i ; 433. Advances tP be made by superintendent of the poor to each overseer. 434. Duty of overseer of poor to enter in a book names, &c., of peTSons relieved. 17 130 RELIEF OF THE POOR. Section 485. Compensation to be received by overseer and how to bfl fixed. 436. Repeal of section 7. 437. Supervisor of town to act as overseer in certain cases. 438. Repeal of inconsistent provisions. 439. Duty of overseers of the poor. 440. Towns to grant temporary relief to the poor. 441. Supervisors to appoint superintendent of poor. 443. Superintendent of poor must reside in poor-house ; his compensation fixed by supervisors. 443. Duties of superintendent. 444. Vacancy, how filled. 445. Superintendent, when may be removed by board of supervisors. 446. Superintendent and overseers to have power to adminis- ter oaths. 447. Committee to be appointed to visit ^oNhouse and report to supervisor ; compensation. 448. Accounts to be audited by board of supervisors. 449. Contracts to be made for medicine and medical service, 450. Conflicting statutes repealed. 451. Board of supervisors miiy determine to restore distinc- tion between county and town poor. 452. Copy of resolution, in case of such determination, to be served upon town clerks. 453. Excise money to be applied to support of poor of town in which it is collected. 454. Supervisors to determine who are town and who county poor. 455. Chairman of board of supervisors, when to convene board to take action. 456. Little Falls, who to constitute board of alms. 457. Such board to have control of funds ; two constitutes a quorum. 458. Board of alms to rent or purchase grounds for almshouse. 459. Board to appoint overseer and treasurer, and to keep a record of all proceedings. 460. Duties of treasurer. 461. Board to purchase supplies and to contract for the same, &c. 462. Duties of overseer of alms. 463. Board of alms to audit all charges and report to tioard of supervisors, who shall apportion the expenses. 464. Board may audit for their own services one hundred dollars. 465. This act not to interfere in auditing poor accounts for the county. Towns of § 430. There shall hereafter be elected in each town in ?o"n^" the county of Herkimer, except the town of Little Falls, sLen'Sf'uie ** every annual town meeting held therein, by ballot, poor. one overseer of the poor, and the person having the greatest number of ballots shall be declared elected as RELIEF OF, THE PQOR. 181 ovevaecr of the poor for the said town for one year, who shall hold his o&ce until his successor is duly elected apd qualified. , § 1, ch. 394, 1859 ; as amended hy § 1, ch. 7, 1868. . ; §431. The powers, dut;ies and obligations of the said Powers and overseers shall he the same as now devolve upon the " ®'°- supervisors of said county acting as overseers of the poor, except as mpdified by this act, together with the follow- ing, to wit : Each overseer of the poor elected by virtue overseers' of this act, shall, within ten days after his election, and '"°^" before entering upon the duties of his oiSce, file with the clerk of his town a bond to the people of the state, with at least two sufficient sureties, for double the amount of cash disbursements for the support of the poor in his town for the preceding year, and conditioned for the faithful discharge of his official duties, and a correct ac- counting for the moneys received and disbursed by him ; which bond shall be approved by the supervisor of his town. § 2, ch. 394, 1859. § 432. The board of supervisors of said county shall Board of appropriate annually such sums as they shall deem to be to ap"ropri- necessary for the temporary relief of the poor in the ^'«™<"'"y' several towns of said county, and shall examine- the Examine verified accounts of each overseer of the poor, and pub- accounts of lish a report thereon with the proceedings of their annual ''^®"®*"- meeting, which report shall clearly set forth the disburse- ments made in each town for the benefit of the poor therein, during the year last past, and by whom made. § 3, same ch. . § 433,.- The superintendent of the poor shall advance to Advances each overseer, from the sums appropriated by the board *°** "'**''• of supervisors tor the respective towns, such sums, and at such times, as tlie supervisor of the town interested may direct ; provided that not more than two-thirds of the whole amount appropriated to any one town shall be advanced d»rii;ig the six months succeeding the first, of November in each year. § 4, same ch. § 434. It shall be the duty of each overseer oif the poor Duty of to enter in a bgok to be kept by him for that purpose, ?he poor."' the name, age, sex, and country of birth, of each person by hina relieved, together with the items of expenditure for-theirtJlief of ea,ch person, and the cause of indigency in each case, as far as it can be ascertained ; and such book shall be laid before the board of supervisors at the commencement of their, annual session, for examinatiqn. § 5, same ch. , § 436. Each overseer shall receive an annual compen- compen- sation, to he fixed in each and every year by the board of be Axed" tx)wn auditors of the respective towns; but in no case, auduors. 182 RELIEF OF THfi POOR. Kepeal. Supervisor to act as overseer in certain cases. Hepeal. Overseers of tlie poor in Herkimer. Temporary relief. Supervisors to appoint superinten- dent of ttie poor. in either of the said towns, except tlie town of German Flats, shall such anntial compensation, to be fixed as aforesaid, exceed the sum of fifty dollai'S annually, but in the town of German Flats such annual compensation shall be fixed as aforesaid, and may exceed the sum of fifty dollars, but said compensation in said town of Ger- man Flats shall not exceed the sum of one hundred dol- lars annually, and the said board of auditors shall also direct how much of said salary shall be paid by the town and how much by the county, subject to the approval of the board of supervisors of said county. § 6, ch. 394, 1859 ; as amended by § 2, ch. 7, 1868. § 436. Section seven of said act [ch. 394, 1859] is here- by repealed, § 3, ch. 7, 1868. § 437. In case of inability to serve of any overseer, the supervisor of the town shall do and perform the duties of overseer of the poor, and be subject to the same obliga- tions and penalties ; and in case a vacancy shall occur in said office of overseer, the justices of the peace in the town where such vacancy may occur may appoint a suit- able person to hold the office until another is elected and qualified. § 8, ch. 394, 1859 ; as amended by § 4, eli. 7, 1808. § 438. All provisions of law inconsistent with thiS^ act are hereby repealed. § 9, ch. 394, 1859. § 439. Tlie powei-s and duties of overseers of the poor, except as otherwise provided by this act, are hereby con- feri'ed upon the overseers of the poor of the respective towns in said county [Herkimer] ; and the overseers of each town in said connty shall exercise the powers and discharge the duties aforesaid, and shall be subject to all the liabilities and penalties that overseers of the poor are now by law subject to. § 1, ch. 29, 1850; as modified by ch. 394, 1859. § 440. It shall be the duty of the overseers of the poor of the several towns in said connty to grant all the tem- porary relief to the poor and indigentt persons in their respective towns. § 2, ch. 29, 1850; as modified by ch. 394, 1859. § 441. No superinteindent of the poor shall hereafter .be elected in the said county. At. the annual meeting of the board of supervisors of the said county in tlie fall of eighteen hundred and fifty-two, and at each annual meeting of the said board thereafter, one superintendent of the poor shall be appointed by the said board, who shall hold his office for one year next after the thirty-firft day of December following such appointment and until a successor shall be appointed ; and every superintendent of the poor appointed in pursuance of this act shall ex- RELIEF OF THE POOR. Ig3 ereise all the powers and discharge all the duties now by law exercised and discharged by the superintendents of the podr, except sueh powers and duties as are incpnsist- ent with this act ; and shall also be subject to the game liabilities and penalties that superintendents of the poor are now by law subject to. § 4, eh. 29, 1850. § 442. The superintendent of the poor appointed in the Snpe^ten- fall of eighteen hundred, and fifty-two, and every super- reside at intendent of the poor theiieafter appointed, shall reside p°°''-'^°"*^- at the poor-house and be the keeper thereof; and shall . receive such compensation for his services as shall be determined by the board of supervisors at any g-nnual meeting ; but the compensation to be paid to. any super- '^"^p'^"**" intendent of the poor shall not be increased or diminished during the term for which he is appointed. § 5, same ch. § 443. The two superintendents of the poor in' office ""^"^inten- dnring the year eighteen hundred and fifty-one, and the lenta." superintendent of the poor in office during the year eighteen hundred and fifty-two, shall exercise all the , powers^ discharge all the duties and be subject to all the liabilities and penalties of the three superintendents of the poor under the law as it has heretofore, been, except as is otherwise provided by this act. § 6, same ch. § 444. Whenever a vacancy shall occur in the office of vacancy, superintendent of the poor of said county, the county judge, the county clerk, and county treasurer shall ap- point some person to fill such vacancy, who shall hold his office during the remainder of the term, and sliall, before entering upon his duties, give a bond sueh as is now required by law of superintendents of the poor, except that it shall be approved by the county judge, county clerk and county treasurer. Said' bond, with itbe a|»ipi'oyafl. aforesaid indorsed thereon, shall be filed in the otiiep of the county clerk. § 7, same eh. § 445. Any superintendent of the poor in said county, May bo for good and sufficient cause, other than political, may b^, '^°"'™'*- removed from his office by the board of supervisors, ^t any regular minting, whenever two-thirds of all th:§ supervisors elected shall vote in favor of such removal ; and every vacancy caused by such removal shall be filled for the remainder of the term by appoiatmept by the board of supervisors. § 8, same ch. . § 446. Every superintendent of the poor, as well as Superinten every overseer of the poor* in said county, shall have the almtoK power to administer an oath to any person applying for °»"'- relifef, as to any matters pertaining to or topohing the • The word "snperyiaof" erased; the yroiii "overseer of tb^e poor" sal)- etituied in place thereof. 134 RELIEF OF THE POOR. Committee to visit poor-bouse. His report and com- ■pensation. Accounts. How audited. Medicine and medical services. Repeal. Distinction between town and county poor In Herki- mer county. application for relief. § 9, ch. 29, 1850 ; as modified by ch. 394, 1859.' § 447. The board of supervisors of said county shall at their annnal meeting in the fall of eighteen hundred and fifty-two, and at each annual meleting thereafter, appoint one person whose duty it shall be to visit the poor-house at least once in each month, and examine into the condi- tion and usage of the poor, the management of the poor- house and farm, the books of thp keeper and the doings of the keeper in general. He shall make a report of his doings at the annual or any special meeting of the board of supervisors, and shall receive as a compensation for his services the sum of two dollars per day. § 10, ch. 29, 1850. § 448. All the poor accounts in said county, for the year preceding the first day of November, eighteen hun- dred and fifty, including all accounts for temporary relief to poor or indigent persons, and all accounts for expenses at and connected with the poor-house, and all accounts for services of superintendents of the poor, and supervi- sors, under this act, &c., shall be audited by the said board as other county accounts are now by law audited ; and all the accounts aforesaid shall thereafter be audited by the said board at their annual meetings. § 11, same ch. §449. The board of supervisors of said county shall have exclusive power to make contracts with physicians and surgeons to furnish medicines, and medical and sur- gical services for the poor at the poor-house, and in such towns as they may deem it advisable ; and, when a con- tract is BO made in any town with any physician or sur- geon, the supervisor of said town shall employ no other physician or ^rgeon to attend the poor in said town, except in case of the absence, inabilitj' or refusal to per- form of the physician or surgeon having the contract. If the said board fail to make the contracts aforesaid, or any of them at any regular meeting, then the said con- tracts or any of them may be made at any other time in such manner and on such terms as said board may direct. § 12, same ch. § 450. All statutes in any way conflicting with the provisions of this act are, and shall be, inoperative and ineifectual within the said county. § 13, same ch, § 451. The board of supervisors of the county of Her- kimer, at any meeting when lawfully assembled in sessioii, may determine to restore the distinction between county poor and town poor in the said county, and upon tlieir tiling such determination, duly certified by the clerk of said board, with the county clerk, the said poor shall be RELIEF OF THE POOR. 135 maintained and the expense thereof defrayed in the same manner as is now provided by law for the maintaining of the poor in those counties in which the distinction between county and town poor prevails. § 1, ch. 27, 1861. § 452. If the said board of supervisors shall determine P'^°'°"??^ to restore the distinction between county and town poor, each town. the clerk of the said board shall serve a copy of the resolution so passed upon the clerk of each town in the said county. § 2, same ch. § 453. After such resolution shall have been passed and J^y'ifo™"" served the excise money collected in any town within applied, said county, except ten per cent, as provided by the act entitled "An act for the relief of the New York State Inebriate Asylum, and for other piirposes," and all penal- ties given by law to the overseers of the poor, when re- ceived, shall be applied to the use of the poor in the town in which such money and penalties shall be collected. § 3, same eh. ' ' §454. The board of supervisors of the county shall DJa^°ction have power to determine, at any time when duly con- town and venedin session, who are town and who are county poor """"'y p""' in all cases when any question ntiay arise in regard thereto. § 4, same eh. § 455. The bhairman of the said board of supervisors "Board of shall have power to convene the said board in session, at w&Mto'"'' any time after the passage of this act, to take action in ^""^ the premises; but each member shall have at least five days' previous notice of the time and place of the said meeting, w^ich notice shall be served personally. § 5, § 456.' The supervisor of the town of Little Falls and ^^'^'^l^f"' the president of the village of Little Falls, together with aims. a commissioner of alms, to, be elected annually at the town meeting in the town of Little Falls, shall together constitute a board of alms for the tttwn of Little Taills. No person shall be digible as such commissioner for any two years in succession. § 1, ch. 4, 1862. §457. The said board of alms shall have the controlcontroi^of of the funds applicable to the relief of the podr in said town and the dispensation of the same. Two of said board shall constitute a quorum to do business, and fn case df a vacancy in said board the other members may iill such vacancy by appointment until the same shall be filled by election or other legal iappointment. § 2, same ch. §458'; The board of alms for said town shall have power to rent or to procure, by rent, suitable"gr6und and buildings tor an g?mndrfor almshouse, for a term not exceeding three years. It may "''"'''°°'*' also, when specially authorized by a vote" of the electors at an annual town meeting, procure by putehase, in the 136 RELIEF OP THE POOR. To appoint an ovcrecer. AlBoa treasurer. The board to keep a record. Dntiee of treasurer. Board to purchase Buppliesi Bnties of overseer of alms. name of the town, suitable ground and buildings for a town almshouse, at a cost not exceeding five thouBADd dollars. § 3, ch. 4, 1862. § 459. The board of alms of said town shall appcrint an overseer of alms for said town, who shall hold iiis office during the pleasure of said board, and said board shall determine ,nis compensation, which compensation slmll not exceed three hundred dollars per annum. It shall also appoint a treasurer of the poor fund of said town, and take giich security for the faithful performance of his duties, and to account for and pay over the funds intrusted to him, as they may deem adequate, and shall also determine his compensation, which slxall not extseed thirty dollars per annum. The said board shall keep a record of all its proceedings, and shall adopt needful rules as to their own meetings, and as to the management and dispensation of the funds for the relief of the poor under their control, and for the government of the treasurer and overseer of alms. § 4, same ch. § 460. All moneys appropriated to the relief of the poor of said town shall be paid over to the treasurer of the poor fund of said town, and all payments and dis- bursements shall be made by him in cash, upon the order of the overseer of alms, or such other person as the board of alms may direct, and said treasurer shall not loan any moneys that may come into his hands, nor shall he use them for any other purpose than is provided for by this ' act. Any interest which shall accrue on said funds sh^U be credited to said town. § 5, same ch. § 461. The board may cause to be purchased all or any needful supplies for the relief of the poor, in such quan- tities as they may deem best, but not to exceed a supply for one year; and they may contract tor such supplies, including medical and surgical services, to be deuvered or rendered from time to time as the same may be re- quired or called for ; but such contracts shall not extend beyond thirty days after the annual town meeting next ensuing the time when such contracts shall be made. Said board may also furnish relief to the poor, chargeable to the county or to any other town, and receive compen- sation therefor. § 6, same ch. § 462. The duties of the office of overseer of the poor of thie town of Little Falls are hereby transferred to the overseer of alms of said town, to be administered under the direction of said board of alms, to take effect as soon as Ba,id board shall notify in ,writing the overseer of poor of said town, that the overset of alms has been appointed and is ready to enter upon his duties. The said overseer of alms shall, from tliat time, pertbrm all the duties here- RELIEF OP THE POOR. 137 tofore devolved upon the overseers of poor, subject, how- ever, to the direction of the board of alms, and shall keep the vouchers, registers, accoutits and charges required by law of overseers of poor. He shall report to me board as often as they may direct, and shall prepare, annually, a statement to be read at the annual town meeting, show- ing the names of all persons or families who have received ' rellief, and the amount to each person or family. § 7, ch. 4, 1862. § 463. The board of alms shall audit and allow all Board of charges and expenses incurred under their direction, for audit aii the relief of the poor, including expenses and the compen- repMtto^ sation of officers, and shall report the same, through the gope^yisora supervisor, to the board of supervisors of the county, who shall thereupon apportion the same to the town and county respectively, in the ratio of the amount expended for the relief of the poor, chargeable to the town and county respectively, and shall cause the same to be in- serted in the tax lists and raised as town and county charges. The board of alms shall audit aiid allow all charges and expenses incurred under their direction for the relief of the poor, chargeable to the town, including expenses and the compensation of officers, and shall re- port the same, through the supervisor, to the board of supervisors of the cotinty, who shall, after auditing the expenses chargeable to the county, apportion the ex- penses so audited to the town and county respectively, and shall cause the same to be inserted in the tax lists, and received as town and county charges. § 8, same ch. § 464. The said board of alms may audit and allow, Bemnner- ' for their own services, a sum. not exceeding .one hundred board."' dollars per annum, to be apportioned among them as the majority may direct, to be deemed expenses of administer- ing the poor fund, and raised as provided in the last pre- ceding section. § 9, same ch. § 465. Nothing contained in this act shall be so con- Not to in- sti'ued as in any way to interfere with the powers of the pow*cts of"* board of supervisors in relation to the auditing of the supervisors. poor accounts of the county. § 10, same ch. 18 138 RELIEF OF THE POOR. CHAP. XXI. JEFFERSOIf COUNTY. Section 466. Only one overseer of the poor to be elected in each town, and bis powers and duties. 467. Supervisor and overseer to grant temporary relief; super- intendents of poor to advance certain money ; super- visor and overseer to keep books ; overseer to furnisli supervisors copy of entries on first day of November in each year ; fees of overseer and supervisor ; over- seer not to exceed five dollars to one family without authority ; salary of overseer of poor of Watertown ; shall have power to exceed five dollars to one family ; supervisors may restore distinction between town and > county poor. 468. Bepeal of chapter 578 of 1865. 469. Superintendent of poor to be appointed annually by board of supervisors; his powers and duties. 470. Superintendent to reside at, and be keeper of, the poor- house ; his compensation. 471. Vacancies in office of superintendent, how to be filled, 473. Oaths maybe administered by supervisor, superintendent or overseer. 473. Superintendent to keep a book ; when and to whom to report. 474. Supervisors to appoint two persons to examine and report condition of poor-house, &c. ; term of office of such appointees. 475. Poor accoimts, how to be audited. 476. Supervisor to make contracts for medicines and medical and surgical service, jtc. 477. Power of board of supervisors in relation to supplies for poor-house. 478. Provisions of this act to apply to present overseers. 479. Statutes inoperative. 480. To be one overseer of the poor in the city of Watertown. 481. How such overseer to be elected. 482. His powers and duties. 488. t' The Watertown Home for destitute, friendless and or- phan children " to be designated as " The Jefferson County Orphan Asylum." 484. Chairman of board of supervisors and county judge to be ex officio trustees of such asylum. 485. Devises and bequests to such asylum. Only one § 4:66. There shall hereafter be elected but one over- bc°eTeTted" s^^"" ^f the pooF in each town of the county of Jefferson, in each^ and the powers and duties of overseers of the poor are Jefferson hereby conferred upon the supervisor and such overseer ceS°'^ater- of the poor of the respective towns in the said county, town. except in the town of "Watertown, where the overseer of the poor shall discharge all the duties of overseer of the RELIEF OF THE POOR., 139 poor conferred by this act, with the restrictions herein- after provided ; and the supervisor and overseer of the poor of the other towns in the said county shall exercise the powers and discharge the duties aforesaid,' and shall be subject to all the liabilities and penalties that over- seers of the poor are now by law subject to. § 1, ch. •24:2, 1852; as amended by § 1, ch. 195, 1866. I 467. It shall be the duty of the supervisor and over- Duty of sn- seer of the poor in the several towns of the said county anFiver- to grant all the temporary relief to the poor and indigent temporMy"* persons in their respective towns. The superintendent relief. or superintendents of the poor shall from time to time f^fu o/™ advance to each siipervisor such sum of money as he shall poor not to deem proper, to be expended by such supervisor and over- moneys seer ot the poor for the relief of poor and indigent per- ceSSn sons ; but the moneys so advanced to and remaining in amount, the hands of the supervisor shall not exceed in amount such simi as may be fixed for each town by the board of supervisors of the said county ; and it shall be the duty Book to of each supervisor and the overseer of the poor to enter bysuper- in a book, to be kept by each of them for that purpose, overaeen the name, age and sex of every person by him relieved, together with an account of all sums of money expended, the items of expenditure in the relief of each poor or indigent person, and the cause of poverty or indigency in each case so far as can be ascertained. It shall be the When and duty of the overseer of the poor to furnish to the super- overBeer visor of the town a copy of all the entries in the book copjof ''' provided to be kept by such overseer, for the year ending ?"'^''^ on the first day of November in each year, during the week preceding the annual meeting of the board of super- visors ; and it S'hall also be the duty of each supervisor to deliver snch copy of all the entries furnished him by such overseer and a copy of all the entries in the boqjs afore- said required to be kept by hiWi, for the year ending on the first day of November of each year, to the clerk of the board of supervisors, on or before the first day of the annual meeting of the said board in each year, and report the same at the annual town meetings of their respective towns; and each supervisor and overseer of the poor, for Pees of all the services rendered in the discharge of their official ond'enper- duties respectively as aforesaid, shall receive the same rate ^^^' of compensation per day while in actual service as is now provided by law for such officers respectively while in the discharge of their services as town offi- cers, or twenty-five cents for every order made in the discharge of their official duties respectively under this act; provided that they shall in no case receive more for all orders made or services rendered in one day 140 RELIEF OF THE POOR. than the per diem compensation above provided, and that in no case shall the amount charged by the super- visors and overseers of the poor for official services in disbursing- supplies exceed eight per cent of the cost Whenever- of such suppUcs. No overseci's of tfae poor shall ex- cled'flvr"'' pend for the relief of any one .poor peraon or family a eachfamify. sum exceeding five dollars without first obtainisg the written authority of the supervisor of the town, and in such case not exceeding the amount limited in such writT Salary of ^ ten authority. The overseer of the poor of the tqwu of watlrfoOTi. Watertown, in said county, shall, instead of a per diem See §8 480- compensation, or any allowance for drawing any order as herembefore provided, receive a salary of four hundred dollars per year; and the superintendent of the poor shall give written authority to such overseer of the poor to expend a sum exceeding five dollars for any one poor per- son or family, and all orders for mfedical or surgical services that may be necessary. The board of super- visors of said county may, by a vote of a majority of all the members elected, restore the distinction between towq and county poor. § 2, ch. 242, 1852; as amended .by § 2, ch. 195, 1866. Repeal of • § 468. Chapter five hundred and seventy-three of the • " ■ • • laws of eighteen hundi-ed and sixty-five is hereby re- pealed, § 3, ch. 195, 1866. No snperin- § 469, No Superintendent of the poor shall hereafter pooAo be be elected in said county. At the annual meeting of the su"^e*vleor8 ^^^^^ ^^ Supervisors of the said county, in the fall of t"appoint eighteen hundred and fifty-two, and at each annual meet- ""*" ing of said board thereafter, one superintendent of the poor shall be appointed by the said board, who shall hold his oflice during the pleasure of such board, and until a successor shall be appointed ; and every superintendent of the poor appointed in pursuance of this act, together with the present superintendents of the poor of said county until the expiration of their tei'm of pffloe, re- spectively and thei'eafter the superintendent of the pooi* so appointed shall^ exercise all the powers and disdxarffe all tne duties now by law exercised and discharged by the superintendents of the poor, except Buch powers and duties as are inconsistent with this a^ct, and ^hall also be subject to the same liabilities and penalties that superiii- tendents of the poor are now by law pnbject to ; and ever^ superintendent of the poor appointed in pur^yiance of this act, before he enters upon the duties of his office, and within ten days after notice of his appointment, sliall execute to the board of supervisors of said ooi^uty a bond in the penal sum of ten thousand dollars, or such oth|sr sum as such bp^^-d shall direct, with two or more sureties, RELIEF OF THE POOR. 141 to be approvecl by snch board, or, in case such board shall not be in session, by the county judge, county, treasurer and county clerk, or any two of them, conditioned tliat he shall faithfully execute and discharge the duties of his •office;, and shall pay according to law all moneys that shall come into his hands by virtue of his office, and ren- der a just and true account thereof, to the board of super- visors at each annual meeting of such board, and at any special meeting of such board, when he'shall be required so to do. Said bond, with the approval aforesaid thereon indorsed, shall be filed in the office of the county clerk. The term of office of the superintendent to be appointed in the fall of eighteen huhdred and fifty-two^ under this act, shall commence on the first day of January thereafter. § 3, ch. 242, 1852. § 470. The superintendent of the poor appointed in snperin- the fall of one thousand eiglit hundred and fifty-two, and re8Uie°at*° every superintendent thereafter appointed, shall reside at pooniion«8. the poor-house and be the keeper thereof, and shall re- ceive such a compensation for his services as shall be determined by the board of supervisors at any annual meeting ; but the compensation to be paid to any super- intendent of the poor so appointed shall not be inerea&ed or diminished during the term for which he is appointed. § 4, same ch. § 471. Whenever a vacancy shall occur in the office of vacancies, superintendent of the poor of said connty, appointed under this act, the courity.judge, county derk, and county treasurer, or any two of tnem, shall appoint some person . to fill such vacancy, who shall hold his office until a successor shall be appointed in pursuance of this act, and shall, before entering upon the duties of his office, and within five days after notice of siich appointment, give such-bond as is provided for by the third section (sec- tion 469) of this act, which bond shall be approved by the county judge, county '-''0''**- rninuteS, in relation to and in what manner the Supplies for the poor-house or any portion of such supplies shall be purchased, obtained or contracted for by the superin- tendent or superintendents of the poor, and when any such direction shall be given by said board, the same shall be observed and carried out by said superintendent or superintendents. § 11, ch. 242, 1852. § 478. The provisions contained in the preceding sec- proviBions tions of this act relating to the overseer of the poor in ?' apply to each town in said county are, and shall be, applicable to present the present overseers of the poor in the several towns in *"*" said county. § 12, same ch. ' § 479. All statutes in any way conflicting with the pro- statutes. visions of this act are, and shall be, inoperative and in i"ope»«'e- effectual within thfe said county of Jefferson. § 13, same ch. § 480. The officers of the city [of Watertown] shall be overseer of as follows : * * * an overseer of the poor. Part of wlte^wwr ^1, title 2, ch. 714, 1869, as amended by § 2, ch. 452, 1870. § 481. The officers to be elected by general ticket shall officers be the mayor, recorder, clerk, treasurer, street comrais- eeSera) ' sioner, assessors, justices of the peace, overseer of the ""''*'• poor, and two policemen. Part of § 2, same title,* as amended by § 3, ch. 452, 1870. • The overseer of the poor of the city of Watertown, within eight days of the notice of hii< election, is required to take, snhscribe and file his oath of office, and to execate and file hie official hond, etc. See $ 14, title S, ch. 714, 1869. The term of office of such overseer is for one year. See i 19, same title. 144 Overseer of the poor in Watertown, his powers. Jefferson county orphan asylam. Who to be trustees ex officio. Legacies and de- vises to. RELIEF OF THE POOR. § 482. The overseer of the poor shall possess^ all the powers and perform all the duties within said city that are now possessed and performed by the overseer of .the poor of the town of Watertown within the town of Water- town, and shall receive the same compensation therefor, payable in the same manner and from the same source. For all purposes of the support and maintenance of tlie Soor the said city shall be deemed one of the towns of efferson county. § 29, title 4, ch. 714, 1869. § 483. The name and title of " The Watertown Home for Destitute, Friendless and Orphan Children," a benevo- lent association and incorporation Jocated in Watertown, in the county of Jefferson, is hereby changed to " The Jefferson County Orphan Asylum,'' and gaid incorpora- tion and association shall hereafter be known in all places as " The Jefferson County Orphan Asylum," and shall have the right to hold in fee, and manage the property and affairs of said incoi-poration and association by and under the name and style of " The Jefferson County Or' phan Asylum," and under that name shall continue to be liable to and held responsible for all debts, deipands, liabilities, claims and obligations against said incorpora- tion and association, and shall possess, hold and enjoy all its rights, property and privileges. § 1, ch. 38, 1864. § 484. The chairman of the ooard of supervisors of the county of Jefferson, for the time being, and county judge of the said county of Jefferson, shall be ex officio ti-ustees of " The Jefferson Cojinty Orphan Asylum," in addi- tion to the number now authorized to be elected. § 2, same ch. § 485. All devises, bequests, legacies, gifts and convey- ances at any time heretofore or hereafter made to or for the use md "benefit of " The Watertown Home for Desti- tute, Friendless and Orphan Children," or so intended, shall vest in and inure to the benefit of " The Jefferson County Orphan Asylum," in the same manner as if the same were made directly to or for the benefit of the said " The Jefferson County Orphan Asylum." § 3, same ch. RELIEF OP THE POOR. 145 CHAP. XXII. KINGS COUNTY. Sbotion 486. Kings county divided into five districts, frOm each of ■which a superintendent of poor to be chosen. 487. Bounds of districts. i 488. Superintendent from the fourth district, when elected and term of office. 489. Superintendents from the third and fifth districts, vrhen elected and term of office. 490. Superintendents for the first and second districts, when elected and term of office. 491. Five superintendents of poor to be elected in Kings county ; county clerk to determine by lot term of service. 493. Compensation of auperintendents to be fixed by the board of supervisors. 493. Board of supervisors authorized to increase salary of superintendent of certain districts. 494. Such board authorized to equalize salaries of certain superintendents. 495. Powers of supervisors in relation to supplies. 496. May appoint store-keeper and assistants ; duties, salary ; oath of office and security ; their term of office. 497. When and how county treasurer may.torrow money. 498. Qualifications of sureties under the act. 499. Officers cannot be interested in supplies. 500. Supervisors to have power to impeach superintendents and others, and supreme court the power to remove such superintendents, &c. •501. Present superintendents to make no contracts beyond August 1, 1857. 503. Powers of supervisors only to be exercised, when. 503. Copy of resolutions of board to be served upon certain officers. 504. Inconsistent acts repealed. 505. County treasurer may issue bonds and borrow money for purpose of erecting building for indigent poor , building known as Kings county work-house. 506. Board of supervisors to levy tax for principal and interest. 507. 513. Superintendents of poor authorized to take charge of workhouse ; may employ persons supported at county expense. 508. 514. Paupers able to work to go to work-house ; aged and infirm to remain in poor-house. 509. When superintendents empowered to punish persons supported by the county,' and how such punishment to be administered. 510. 515. Book-keeper to keep account of work done, goods made and sold, and cost of keeping inmates; to report to superintendents. 19 146 RELIEF OF THE POOR. Section 511, 516. Superintendents of poor may contract for materials for manufacture, to be delivered at storehouBe on ' county farm. 512, 517. To make reports ; to account awually, &c. 518. Board of supervisors of Kings county to raise $35,000 to buiid penitentiary. 519. To raise $50,000 for building lunatic asylum. 520. Treasurer to borrow money on his bond. 521. Money, how paid. 522. Treasurer to borrow money to complete lunatic asylum. 523. Treasurer to borrow money to complete county hospital. 524. Money, how paid. 535. Treasurer to borrow $85,000 to complete lunatic asylum, and to give his official bond or bonds for the payment of the same. 526. Money, how paid. 537. Supervisors to determine amount of loan, &o. 528. Treasurer may borrow money to pay for additions to the lunatic asylum at Flatbush. 539. Money to pay amount borrowed, how to be jaised. 530. County treasurer to borrow $50,000 for the erection of hospital buildings on county farm in Flatbush. 531. Supervisors to levy tax to pay interest and principal. 533. Provisions respecting pauper lunatics admitted into the Kings county lunatic asylum ; duty of superintendent of the poor. 533. Other poor persons chargeable to the county. 534. Bastardy bonds to be prosecuted. 535. Bonds of disorderly persons to be prosecuted. 536. Proceedings to compel support of wife and children, or either. 537. Order thereon ; bonds required of the persons proceeded against. 588. Persons that have abandoned their wives or children in Kings county declared disorderly persons ; duty of magistrates. 539. Security for good behavior may be required. 540. Powers of Kings county superintendents under section 2, chapter 305, 1888. 541. Superintendents to keep on hand articles for temporary relief, and to employ agents. 543. Superintendents to make and ordain by-laws, which are to be valid when approved by board of supervisors. 543. Foreign paupers who have landed at New York within two years, duty of superintendents in respect thereto. 544. Duty of governors of almshouse of New York in respect thereto. 545. When corporation of New York not to be liable for sup- port of certain foreign paupers. 546. Evidence of indemnification. 547. Vagrants, who deemed, in Kings county. 548. When the duty of constable or other peace officer to con- duct or convey vagrant before court for examination. 549. Magistrate may commit to poor-house or county jail. RELIEF OP THE POOR. 147 SECTION 550. Fines and imprisopment Imposed upon those convicted of violating public decency by drunkenness. 551. Accused may demand jury trial. 552. Change of name of Brooklyn industrial school association. 553. Corporators ; object, to establish and support industrial schools. 554. Affairs conducted by a board of nine female managers. 555. May purchase and hold real estate. 556. Powers of board of managers. 557. May bind out children surrendered to their care. 558. Who may act as guardian under certain circumstances. 559. Children may be relieved from obligation of service on account of cruelty. 560. Master required to pay into the treasury of the associa- tion certain moneys for the benefit of child ; such money to be paid to child on reaching its majority. 561. Managers to be guardians to look after child's interest. 562. Act may be altered or repealed. 563. Creation of Inebriates' Home for Kings county. 564. Money to be paid by treasurer of board of excise ; build- ing to be erected. 565. Trustees may visit persons confined in jail or peniten- tiary ; certain persons may be transferred to the care of managers of the Home. 566. Habitual drunkards committed to jail or penitentiary may be discharged after ten days. 567. Corporation may receive and retain inebriates. 568. Powers of corporation to establish and carry on branches of industry, &c. ; justices of supreme court taay com- mit to said inebriate home habitual drunkards. 569. Proceedings under which commitments shall be made. 570. Proceedings same as in title two, chapter five, part two of Revised Statutes relating to care and custody of lunatics, &c. 571. Commitment not to exceed one year, and order of, may be vacated on cause. 573. Commitments may be made to Holiie pending investiga- tion by commission. 578. Cost of support to be paid out of estate. 574. Voluntary inmates to be kept separate from those com- mitted, and the sexes to be kept separate. 575. Money for building not to be expended without sanction of certain officers ; trustees to approve plans, con- tracts, &c. 576. President to make annual report to legislature. 577. Object of Brooklyn eye and ear hospital. 678. Object of the Church Charity Foundation, of Long Island, to provide for the indigent and destitute. 579. The orphan asylum societies of the city of Brooklyn to participate in distribution of school moneys. 580. Schools to be under supervision of iboard of education. 581. Duty of joint b6ard of aldermen and supervisors of the city of Brooklyn to levy and raise by tax annually cer- tain sums for the support of certain dispensaries. 148 Kings county to be , diTlded into districts for election of superin- tendents. Bounds of districts. Superinten- dent of poor to be elected in fourth district. Blection In third and fifth dis- tricts. lb. In first and second districts. BELIEF OF THE POOR. § 486. The county of Kings, for the election of super- intendents of the poor, is herebydivided into five dis-, tricts, from each of which a superintendent of the poor sliall hereafter be chosen by the electors of said county at large, who shall be at the time of his election, and con- tinue during the term of his office, a resident of the dis- trict from which he is elected ; and in case of his removal from such district, his office shall be deemed vacant. § 1, ch. 124, 1858. § 487. The first district shall consist of the first, third, sixth, eighth, tenth and twelfth wards of the city of Brooklyn ; the second district, of the second, fourth, fifth, seventh, ninth, eleventh and nineteenth wards of said ' city ; the third district, of the thirteenth, fourteenth, fifteenth, sixteenth, seventeenth and eighteenth wards of said city ; the fourth district, of the towns of Flatbush, New Lots and Flatlands ; and the • fifth district, of the towns of New Utrecht and Gravesend. § 2, same ch. § 488. At the general election in the year eighteen hundred and fifty-eight, a superintendent of the poor, from the fourth district, shall be elected by the electors of said county at large, in place of James Yoorhees (whose term of office expires on the first day of January, eighteen hundred and fifty-nine), who shall hold his office for three years, from said first day of January, eighteen hundred and fifty-nine, and his successor shall be elected in like manner every third year thereafter, and hold ibr a similar period. § 3, same ch. § 489. At the general election in the year eighteen hundred and fifty-nine, a superintendent of the poor, from the third district, shall be elected by the electors of said county at large, in place of Henry E. Eipley, and one for the fifth district, in place of Charles W. Church (whose respect- ive terms of office expire on the first day of January, eighteen hundred and sixty), who shall hold their offices for three years from the said first day of January, eighteen hundred and sixty, and their successors shall be elected in' like manner every third year thereafter, and shall hold for a similar period. § 4, same ch. § 490. At the general elefction in eighteen hundred and sixty, a superintendent of the poor, from the first district, and also one from the second district, shall be elected by the electors of said county at large, in place of Barnabas H. Booth and John J. White (whose respective terms of office expire on the first day of January, eighteen hun- dred and sixty-one)', who shall hold their offices three years from the said first day of 'January, eighteen hun- dred and sixty-one, and their successors shall be elected RELIEF OF THE POOR. 149 in like manner every third year thereafter, and hold for a similar period. § 5, ch. 124, 1858. § 491. The first and third sections of the act to author- Five raper- ize the election of county superintendents of the poor by maybe the people, passed December sixteenth, eigteen hundred Kings* '" and forty-seven, so far as relates to the number of the TMBsection superintendents of the poor and their term of office, is i? modified hereby amended so as to allow the election of five super- eedeJby intendents of the poor in the county of Kings, ope of the sVmtef ^' said superintendents shall hold his office for one year, two ss 486-495. for two years, and two for three years ; and the clerk of the county shall, on the first day of January after such election, determine by lot which of said superintendents shall hold his office for one year, which for two, and which for three years ; and there shall be elected here- after, at each annual election, superintendents to supply the place of those whose terms of office will expire on the first day of January thereafter, provided that there shall be but one superintendent elected in those years in which the election is held to supply the place of the one super- intendent whose term will expire on the first day of Jan- uary thereafter. § 1, ch. 314, 1848. § 492. The board of supervisors of the county of Kings compenea- shall hereafter, at their regular annual meetings, fix and enperinten- determine the amount of compensation or salary to be K^gg*" paid to the several superintendents of the poor of said ^'^^^y^' county during the terms of office of such superintendents respectively; such salaries shall be made payable quar- terly, and the board of supervisors shall, at such meet- ings, fix and determine when and how such salaries shall be payable in accordance herewith. § 1, ch. 396, 1849. § 493. The board of supervisors of Kings county are saiarieo of hereby authorized to increase the salary of superintendent SJ^"' of the poor for the eastern district, and direct the pay- f^^L ment of the same, to a sum not exceeding two thousand dollars per annum, to commence from the first day of January, eighteen hundred and siXty-four. § 1, ch. 306, 1864. § 494. The board of supervisors of the county of Kings ». are hereby empowered and authorized to make the salarjr of the superintendents of the poor of the fourth district equal to the salary of the superintendent of the poor of the fifth district, and to make the salary of the superintendent of the poor of the second district equal to the salary of the superintendent of the poor of the first district. § 1, ch. 259, 1869. § 495. The board of supervisors of the county of Kings powers of shall have power, and they are hereby authorized, at any pe^jS"^"" meeting thereof lawfully assembled, to make such laws 'ieors in 150 RELIEF OF THE POOR. respect to and regulations as they may deem necessary, and provide »nppue8,&c f^j. enforcing the same, regulating the manner, whether by contract or otherwise, and how payments shall be niade, in which the superintendents of the poor of said county shall purchase all such articles as may be neces- sary ?or the support and maintenance of the poor, and of all others, in any of the public institutions of said county, which now are or which may hereafter'' be placed under the charge of said superintendents, including the articles required for temporary relief. And in case said board direct the purchase of any of said articles by contract, to designate what notice shall be given, when, where, and in whose presence proposals shall be oj^ened, and the amount of security to be given for the faithful perform- ance of contracts. § 1, ch. 511, 1857.* storekeeper § 496. Said board of supervisors are hereby authorized and^assiBt- ^ appoint a storekeeper, with such assistants as they may deem necessary, such assistants to hold their ofSce during Theirdutiee the pleasure of the board, in whose custody shall be placed all such articles as said- board may direct to be purcliased for the support and maintenance of the poor, and of all others in any of the public institutions of said county which now are or which hereafter may be placed under the charge of said superintendents of the poor. Salaries, Said board may designate and prescribe the duties of said nafd''"'' storekeeper and assistants, fix and pay their salaries as To give other county charges are paid, And require them to give feciirity. gmjij security as they may deem necessary for the faithful To be tar- performance of their trust ; and it shall be the' duty of copies of" said superintendents, without delay, to furnish said store- raiuractB, ^ecpcr, for his guidance, with copies of all contracts and other evidences of purchase made by them or by their Oaths of directions. Said storekeeper and his principal assistants, office. before entering upon the duties of their ofiice, shall take and subscribe the constitutional oath of office, and file the same in the office of the clerk of said county. Said Erection of board of supcrvisors may also cause to be erected on the OTcomSr county farm, in the town of Flatbush, such buildings as farm. ^j^gy jjj^y dccm ncccssary for a storehouse for the use of Term of said Storekeeper and assistants. The present storekeeper storekeeper shall Continue in office until- the first day of January, one thousand eight hundred and seventy-three. Thereafter the term of office of such storekeeper shall be five years. § 2, ch. oil of 1857 ; as amended by § 1, ch. 391, 1869. County 8 497. Said board of supervisors may authorize and treasurer t . .i , ^ ■, . '^. maybe direct the county treasurer, when there is no money in • An act entitled " An act relattng to the purchase of supplies for the support of the poor and other inmates of the public institutions of tne county of Kings,' passed April 15, 1857. RELIEF OF THE POOR. 151 the treasury applicable to the support of the poor, or the directed taxes imposed for the same are not collected, to borrow, mone""" from time to time, temporarily, at a rate of interest not exceeding seven per cent per annum, and for periods not exceeding nine months, such sum or sums as may be necessary to meet such purchases and other expenses as they may designate, incurred for the support of the poor, to direct said county treasurer to give his official bond or bonds for the money so borrowed, the principal and inter- est of which to be paid out of the amount of taxes levied or applicable for said purpose ; but no such borrowing shall, at any time, exceed such amount of taxes. § 3, ch. 611, 1857. § 498. No person shall be received and approved of as sureties, surety, under the provisions of this act, unless, in the first place, he swears that he is worth the amount of the pen- alty named in the bond to which he affixes his signature, over and above the amount of his debts and liabilities. It shall be the duty of the said superintendents of the poor forthwith, in their official name, to prosecute all contractors and their sureties who may violate the pro- visions of their contracts. § 4,. same ch. S 499. No supervisor, superintendent of the poor, store- offlceie not 1 J ■ A. ^ ■ J. J • -^ Vi-iV, tobeliater- keeper, and assistants, appointed in pursuance oi the estedinsaie provisions of this act, keeper of the penitentiary, and °^ supplies, deputy keepers, agents or others, appointed or employed by said superintendents of the poor, shall directly or in- dii'ectly be in any way interested in any contract or sale for supplies or materials furnished for any of the public institutions for the support of the poor in said county, or in any arrangement by means of which any pecuniary benefit shall result to himself from the furnishing of said supplies or materials. It shall be the duty of the afore- said supervisors, superintendents of the poor, storekeeper and assistants, and keeper of the penitentiary, or any of them, who may have any knowledge or information of the violation of this provision, to report the same forth- with to the supervisors of said county ; and any person who shall be found guilty of the violation of the pro- visions of this section shall be punished as for a mis- demeanor. § 5, same ch. § 600. The board of supervisors of said county shall impeach- have power to impeach, before the supreme court, any of MpMtoten the said superintendents of the poor, or any officer or ^*"*'' *''■ agent connected with thd almshouse department or peni- tentiary of said county, and the said court shall have power, at a general or special term, to remoye any of said superintendents or other officers or agents hereinbefore 152 RELIEF OF THE POOR. referred to, for due cause shown, and to forbid their re- appointment. § 6, eh. 511, 185T. snperinten- § 501. The present superintendents of the poor of said mak'Ino"" countj shall make no contracts for supplies for the pnb- contract. jj^, institutions under their charge, beyond the first day of August, one thousand eight hundred and fifty-seven, and from and after said first day of August, all moneys received by said superintendents or any one of them, in his or their official capacity, shall, within ten days after the receipt thereof, be paid over to the county treasurer of said county, who shall place the same to the credit of the funds provided for the support of the poor. And all payments made after said first day of August, for articles furnished, or services in any of the institutions under the charge of said superintendents, or for temporary relief, shall be made by said county treasurer, on orders ap- proved by a majority of said superintendents, and signed by their chairman and clerk. § 7, same ch. Minority of § 502. None of the powers prescribed in this act shall BnperviBors. bc cxercised, except by a vote of a majority of all the members elected in said county to said board of super- visors. § 8, same eh. Copies of 8 503. Every resolution, direction or law passed by said resolutions. i°-i'<. . • j-i-u ■• r board oi supervisors, m pursuance oi the provisions of the first and third sections of this act (sections 495 and 497), and of so much of the second section (section 496) as relates to designating and prescribing the duties of the storekeeper and his assistants, shall be signed by the chair- man and clerk of said board, and be recorded in the book of miscellaneous records of said county, and a copy served upon said superintendents of the poor, or one of them, before the same shall go into effect. § 9, same ch. Repeal. § 504. All acts and parts of acts inconsistent with the provisions of this act are hereby replied. § 10, same ch. c'Diinty § 505. The treasurer of the county of Kings is hereby may borrow authorized to borrow, on the credit of said county, a sum """'°^" not exceeding seventy-five thousand dollars, and to issue Mnnty°°* bouds in such form as the said board may prescribe, for bonds. the payment of the same, with interest payable annually Avails to be or Bemi-annuaUy, as the said board may direct, the money on''work- SO borrowcd to be expended under direction of said board house. -jj ^}jg erection of a building or buildings for the care of the indigent poor of the said county, and for the employ- ment of all persons in any of the county buildings on the county farm, who are receiving their support at the ex- pense of the county, in a building to be known as " The Kings County "Workhouse," under authority hereinafter granted to the superintendents to the poor-house of Kings county, in addition to the powers already possessed by RELIEF OF THE POOR. 153 them. Such bonds shall be issued in the name of and Bonds, how nnder the seal of the county of Kings, and shall be signed ®^®™*®^' by the chairman of the board of supervisors and the county treasurer, and countersigned by the clerk of the ■ board pf supervisors. The said clerk sfeall keep a record Record showing the date, amount and rate of interest of said bonds respectively, with the time they may become due. § 1, ch. 509, 1869 ; » and § 1, ch. 765, 1869> § 506. The said board of supervisors shall cause to be Board or levied and collected, and paid annually, such sums as to?e^'ta™ shall be necessary to pay thei interest on the money so ^"^i^n?''^' borrowed, and in such year or years as they may here- mtorest. alter determine, such sum as shall be necessary to pay the principal of the money so borrowed, and the treasurer shall immediately. apply the money so collected and paid to him toward the payment of the interest and principal of the money so borrowed. § 2, ch. Y65, 1869 ; and § 2, ch. 509, 1869. § 507. The superintendents of the poor of the county snperinten- of "Kings, are hereby authorized, in addition to the power poOTtohave now possessed by them, to take charge of the Kings ^r^ouL county workhouse when erecteQ[j and made over to them by the supervisors of the 'said county, which they are hereby directed to do when the same -is completed, and they are hereby further empowered to employ, by con- May employ tract or otherwise, all persons in the various ' county persons buildings, who are supported at the expense of the county, by'rannty. who can be so employed without injury to themselves. § 3, ch. 765, 1869. § 508. And the said superintendents of the poor of ciassiflca- ^ the county of Kings are hereby directed to classify the p^aupers. paupers of said county, putting all persons able to work without injury to themselves in the workhouse, and re- {^^^^ taining only the aged and infirm, and such persons as are remain in unable to work without injury to themselves, in the alms- ^'°'*''"'°^^- house of said county, and shall, upon the completion of the workhouse, immediately, by contract or otherwise, provide employment for all paupers, supported at the Employ- expense of the county, able to work without injury to ™thers°at themsel\^es, and for the inmates of any of the county ^°*' buildings on the county farm, who are supported at the expense of the county, who may be able to work without injury to themselves. § 4, same'ch. • An act to authorize the hoard of supervisors of Kings connty to horrow money for the purpose of erecting an addition to the almshouse, and lor the erection of a workhouse for said county. Passed May 3, 1869. * An act to authorize the hoard of supervlsorB of the connty of Kings to horrow money for the purpose of erecting an addition to the almshouse, and for the erec- tion of a workhouse for said county. Passed May 8, 1869. 20 154 RELIEF OF THE POOR. iTaypnniBh § 509. And the said superintendents are also empow- ?eS| ered, with the almshouse committee, in all cases of the to work. refusal of persons supported by the said county to work at such employment as may he furnished them, where the same can b^ don© without injury to themselves, to punish such persons, by feeding them on bread and water. I 4, ch. 509, 1869. Bookkeeper § 510. The Said superintendents of the poor of said Icrount of county shall cause the book-keeper of said board to keep Jo°od8 made an accurate account of the amount and value of all mate- rs- rials furnished said workhouse, in proper form, and also a correct account and value of all goods made from said materials by the inmates of said workhouse, and also an account of the price received for the said goods made from the said workhouse, and to whom sold or delivered, and the time occupied in making said goods, and the number of inmates employed in making the same, and shall keep a debit and credit account of all work done by Cost of the inmates of said workhouse, with the number employed tamatef. ou Said work, together with an account of the cost of keeping the inmates of said workhouse, and shall furnish the superintendents of the poor and board of supervisors, once in every six months, and whenever called upon, with an accurate account of the operations of said work- house. § 5, ch. 765, 1869. PnrciiaBe of §511. The Superintendents of the poor of the county S?maSu- of Kings are hereby directed and authorized to purchase contact''^ materials for the manufacture, by the inmates of the Kings county workhouse, of all articles required by the inmates of the county buildings on the county farm, as can, in their judgment, be made with advantage to the county ; said materials to be purchased by the superin- tendents of the poor by contract from the lowest bidder ; said superintendents reserving to themselves the right to reject all bids not deemed by them to be advantageous to the county ; proposals for said materials to be adver- tised for in three of the county papers, and the county treasurer is hereby directed to pay the bills for the same upon their being certified to by the superintendents ; Delivery Baid materials, when purchased, to be delivered at the spfcuon storehouse on the county farm, and be subject to inspec- tfiereof. tiou by the general storekeeper, as defined by law, in the same manner as other good^ purchased by contract. § 6, same ch. A«™nntto I 512. The superintendents of the poor shall, once in soperrisors each year, and whenever called upon, make a full and correct account of the work done in the workhouse, materials furnished, and' all such information as may be required by said board of supervisors. § 7, same ch. RELIEF OF THE POOR. 155 § 513. The superintendents of the poor of the county snpennten- of Kings are hereby authorized, with the almshouse com- poor^'d mittee^ in addition to the power now possessed by them, cJSimittee to take charge of the Kings county worlthouse, when to haTe erected, and made over to them by the supervisors of the wfhouee. said county, which they are hereby directed to do when the same is completed ;' and. they are hereby further em- Mayempioy powered to employ, by contract or otherwise, all persons perjo^g in the various county buildings, who are supported at the supported expense of the county, who can be so employed without ^ """^ ^' injury to themselves. § 3, ch. 509, 1869.°' § 514. And the said superintendents of the poor of the ciassifl- county of Kings, with the almshouse committee, are here- p|nper°f by directed to classify the paupers of said county, putting ail persons able to work without injury to themselves in the workhouse, and retaining only the aged and infirm. Aged ana and such persons as are unable to work without injury to ^^™nin themselves, in the almshouse of said county ; and shall, almshouse. in conjunction with the dl/mshouse committee of the ioard of supervisors, upon the completion of the workhouse, immediately, by contract or otherwise, provide employ- Empioy- ' ment for all paupers supported at the expense of the "thera°at county, able to work without injury to themselves, the '"™^- inmates of any of the county buildings on the county farm, who are supported at the expense of the county, who may be able to work without injury to themselves. § 5," saihe ch. § 515. The said superintendents of the poor of said Bookkeep- county, "in connect/ion with the almshouse committee of accounrof said county, shall cause the book-keeper of said board to "^°^^°l'^ keep an accurate account of the amount and value of all made,&c. materials furnished said workhouse, in proper form, and ^??6M869. also a correcfaccount and value of all goods made from said materials by the inmates of said workhouse, and also an account of the price received for the said goods made from the said workhouse and to whom sold or delivered, and the time occupied in making said goods and the number of inmates employed in making the same, and shall keep a debit and credit account of all work done by the inmates of said workhouse with the number employed on said work, together with an aceouflt of the cost of cost of keeping the inmates of said workhouse, and shall furnish keeping the superintendents of the poor and the almshouse com- ™™* ^^' mAttee, once in every six months, an'd whenever called « This section and tlie four succeeding sections, with the exception of the words therein In italics, are in all respects similar to sections in ch. 765, 1869, and are evidently superseded by the last mentioned sections. See ante §| S07-611. b This section superseded by § 4, ohi 765, 1869. See ante § 508. c This section superseded by § 6, ch. 766, 1859. Bee ante % 609. 156 RELIEF OF THE POOR. Pnrchase of materials for mana- facture by contract. Modified by I 6, ch. 765, Delivery thereof at etorehouse on farm. Inspection Dy store- keeper. Annnal acconnt to board of super- visors. Modified by § 7, ch. 705, 1869. $25,000 may be raised for peniten- tiary. JSO,000 for lanatic asylum. Treasurer to give bond upon, with an accurate account of the operations of said workhouse. § 6, ch. 509, 1869. § 516. The superintendents of the TpooT,'with the com- mittee on almshouse of the hoard of supervisors of the county of Kings, are hereby directed and authorized to purchase materials for the manufacture, by the inmates of the Kings county workhouse, of all articles required by the inmates of the county buildings on the county farm, as can in their judgment be made with advantage to the county ; said materials to be purchased by tEe superintendents of the poor, ^together with the almshouse committee, by contract from the lowest bidder, said super- intendents ''and almshouse com.mittee reserving to them- selves the right to reject all bids not deemed by them to be advantageous to the county, proposals for said ma- terials to be advertised for in three of the county papers, and the county treasurer is hereby directed to pay the bills for the same, upon their being certified to by the superintendents '•and the almshouse committee, said materials, when purchased, to be be delivered at the storehouse on the county farm, and be subject to inspection by the general storekeeper, as defined by law, in the same manlier as other goods purchased by contract. § Y, same ch. § 517. The superintendents of the poor, •* together with the almshouse committee of the hoard of supervisors, shall once in each year, and whenever called upon, make a full and correct account of the work done in the workhouse, materials furnished, and all such information as may be required by said board of supervisors. § 8, same ch. § 518. The board of supervisors of the county of Kings are hereby authorized to raise, by tax or loan, a sum not exceeding twenty-five thousand dollars ; the money so raised shall be laid out and expended under the direction of the said board in the erection of a penitentiary. § 1, ch. 350, 1851. § 519. The said board of supervisors are hereby also authorized to raise, by tax or loan, a sum not exceeding fifty thousand dollars ; the money so raised shall be laid out and expended under the direction of the said board in the purchase of land, and the erection thereon of a new lunatic asylum, or either of said objects, as may be deemed necessary. § 2, same ch. § 520. The treasurer of the county of Kings is hereby authorized, under the directions of said board of super- visors, to borrow, on the credit of the county, the whole or such portion of said sums as the board may determine » This section superseded by $ 6, ch. 766, 1869. See ante % 611. i> This section is also superseded by S 7, ch. 766, 1869. See ante { 518. RELIEF OF THE POOR. 157 upon, and to give hia official bond, or bonds, for the p9.y- ment of the same, with interest annually. § 3, ch. 350, 1851. § 521. The said board of supervisors shall cause to be Money, levied, collected and paid annually, as county charges ''°'^p»'*- are, such sums, as shall be necessary to pay the annual interest of the money boiTowed under this act, and shall / in like manner cause to be levied, collected and paid, such sums as shall be necessary to reimburse, as it be- comes due,, the principal so borrowed, in annual install-, ments ; and the number of installments, and when payable, shall be determined by the said board, when they shal] give the first directions to the treasurer to borrow money under this act, and the treasurer shall immediately apply the money, so collected and paid in to him, toward the payment of the interest and principal of the money so borrowed. § 4, same ch. § 522. The treasurer of the county of Kings is hereby Treasurer authori^zed, under the directions of the board of super- ^ „°"°^ visors thereof, to borrow, on the credit of the county, a compfcte sum not exceeding fifty thousand dollars, and to give his **y'''"- official bond or bonds for the payment of the same, with interest annually ; the money so borrowed to be laid out and expended under the direction of the said board of supervisors in the completion and furnishing the lunatic asylum on the county farm, in the town of Flatbush. § 1, ch. 255, 1853. § 523. The county treasurer of the said county is also Treasurer hereby authorized to borrow, in like manner, a sum not money to exceeding ten thousand dollars, which money so borrowed ^osmtli* shall be applied in the completion of the county hos- pital on the county farm, in the town of Flatbush. § 2, same ch. • , § 524. The said board of supervisors shall cause to be Treasurer levied, collected and paid annually, as county charges mone""^ are, such sums as may be necessary to pay the annual pay interest interest of the money so borrowed; and shall in like manner cause to be levied, collected and paid such sums as shall be necessary to reimburse, as it becomes due, the principal sum so borrowed, in annual installments ; the number and times of payment of such installments shall be determined by the said board of supervisors when they shall give the first directions to the county treasurer to borrow money under this act, and the treasurer shall immediately apply the money so collected and paid to him to payment of the interest and principal of the money so borrowed. § 3, same ch. § 525. The treasurer of the county of Kings is hereby «3B,ooo authorized, under the direction of the board of supervi- Sorrowed. 158 RELIEF OF T&E POOR. Tax to be levied Record of bonds. Treasurer of Kings county may borrow money to be used In erecting addition. Money to be raised to pay In- terest and principal. sors thereof, to borrow, on the credit of the county, a sum not exceeding the stim of thirty-five thousand dollars, and to giye his official bond or bonds for the payment of the same, with interest annually ; and none of said bonds shall be disposed of for less than the par value thereof ; the money so borrowed to be laid out and expended, under the direction of the said board of supervisors, in the completion of the lunatic asylum on the county farm, in the town of Flatbush! § 1, ch. 92, 1855. § 526. The said board of supervisors shall cause to be levied, collected, and paid annually, as county charges are, such sums as may be necessary to pay the annual interest on the money so borrowed, and shall in like manner cause to be levied, collected and paid such sums as shall be necessary to reimburse, as it becomes due, the ^ principal sum so borrowed, in annual installments ; the number and times of payment of such installments shall be determined by the said board of supervisors when they shall give the first directions to the county treasurer to borrow money ujder this act, and the treasurer shall immediately apply the money so collected and paid to him toward the payment of the interest and principal of the money so borrowed. § 2, same ch. § 527. The resolution of said board of supervisors determining the amount of such loan, the number of installments, and when payable, shall be signed by the chairman and clerk of said board, and recorded in the office of the clerk of said county, in the "record book of county bonds." § 3, same ch. § 528. The treasurer of the county of K,ing8 is hereby authorized, under the direction of the board of supervi- sors thereof, to borrow, on the credit of the county, a sum not exceeding fifty thousand dollaa-s, and to give his offi- cial bond or bonds for the payment of the same, with interest, annually ; the money so borrowed shall be laid out and expended, under the direction of the said board, in the erection of an addition to the lunatic asylum on the county farm, in the town of Flatbush. § 1, ch. 221, 1860, § 529. The said board of supervisors shall cause to be levied and collected, and paid, annually, such suras as may be necessary to pay the interest on the money so borrowed, and to pay the principal in annual installments as the same becomes due ; the number and times of pay- ment of said installments shall be determined by the said board of supervisors when they shall give the first direo- tions to the county treasurer to borrow money under this act, and the treasurer shall immediately apply the money so collected and paid to him toward the payment of the RELIEF OF THE POOR. 159 interest and principal of the money so borrowed." § 2, ch. 221, 1860. - § 530, The treasurer of the connty of Kings is hereby ^"O""' authorized, under thie directions of the board of super- rowed not visors thereof, to borrow, on the credit of the county, a jao^mx)!'* sum not exceeding -fifty thousand dollarSj and to give his official bond or bonds for the payment of the same, with interest, annually ; the money so borrowed shall be laid out and expended under the direction of tKe said board in the erection of hospitals, hospital buildings, on the county farm in the town of Flatbush. § 1, ch. 278, 1852. § 531. The said board of supervisors shall cause to be SnperriBora levied, collected and paid annually, as county charges are, Sx^annuai- such sums as shall be necessary to pay the annual interest ^^^8^ "^^f of the money borrowed under this act, and shall in like^ manner cause to be levied, collected and paid such sums as shall be necessary to reimburse, as it becomes due, the , principal so borrowed, in annual installments ; the number and times of payments of such installments shall be de- termined by the said board of supervisors, when they shall give the first directions to the county treasurer to borrow money under this act, and the treasurer shall immediately apply the money so collected and paid in to him toward the payment of the principal and interest of the money so borrowed. § 2, same ch. § 532. If any lunatic patient, heretofore received and Provisioii admitted into the lunatic asylum on the county farm in [nnaticsll the county of Kings, as a pauper lunatic, or who may ^"ssOq. hereafter be received and admitted into the said asylum as such pauper lunatic, be entitled to or possessed of wages, money on deposit, or other personal property, or who may, during his or her continuance in the said asylum, become entitled to or possessed of wages, money on de- posit, or other personal property, it shall be lawful for the superintendents of the poor of the said county to ask, demand, settle, sue for, recover and receive all such wages, money on deposit, or other personal property, and on the receipt or recovery thereof, to give proper acquit- tances and sufficient discharges for the payment or de- livery of the same ; and, when so received or recovered, to appropriate and apply the same for and toward the expenses which have been incurred, or which may be in- curred by the said superintendents of the poor, in the maintenance and support of^ such pauper lunatic, in such manner as they may deem proper. And it shall be the duty of the said superintendents of the poor to render » By ch. 546 of 1867, the supervisora of Klnga county are authorized, to borrow money to erect an addition to the lunatic asylam for eaid county, and said chapter provides the manner iu which the principal and interest of the moneys is to be paid. '! 160 RELIEF OF THE POOR. Poor and impotent perBons. Frosecntion of bastardy bonds. Recogniz- ancea of disorderly persons. Proceed- ing!! to compel sapport of wife and children. Bonds therefor. Persons who have abandoned their wives to the board of supervisors of the said county, at their annual meeting, an account of all wages, money on de- posit, or other personal property, as aforesaid, by them received and expended, and for and on whose account so received and expended, or under their direction, during the year preceding such annual meeting. § 8, ch. 174, 1844. § 533. All the provisions contained in the preceding eighth section of this act (section 532), relative to pauper lunatics, shall also be applicable to any poor and impo- tent person chargeable, or becoming chargeable, to the said county of Kings ; and the superintendents of the poor of the said county shall have and possess the same powers and remedies, as therein set forth and expressed, lor the maintenance and support of every such poor and impotent person who may be under their charge. § 9, same ch. § 534. All and every kind of bastardy bonds hereafter given in any justice's court or court of sessions in the county of Kings shall be prosecuted by the superinten- dents of the poor of said county in their corporate name. § 1, ch. 811, 1869. § 535. All bonds or recognizances giv.en by any dis- orderly person in the said county shall be prosecuted by the said superintendents of the poor in their corporate name. § 2, same ch. § 536; All persons who threaten to run away and leave their wives and children, or either of them, a bur- den on the public in the said county of Kings, against whom a warrant is issued upon a complaint made upon oath to any justice of the peace, snail be brought before said justice, and if it shall appear, by the confession of the offender or by competent testimony, that the person so charged is guilty, the said justice shall make an order in whicn he shall specify the sum of money to be paid weekly bjr said person for the support of the wife or chil- dren, or either. § 3, same ch. § 537. Such person shall, upon notice of such order, immediately pay the sum of money certified for the costs of apprehending him, and shall enter into a bond to the people of the state, in such sum as such justice shall di- rect, with good and suflBcient security to be approved by the said justice, that such person will pay weekly such sum for the support of his wife and children, or either, as has been ordered, to the said superintendents of the poor. § 4, same ch. § 538. All persons who may have actually abandoned their wives or children in the county of Kings, without adequate support, and in danger of becoming a burden RELIEF OF THE POOR. 161 •ffpOB tlie public, or who may neglect to prbvide for their andcMWren wives and children, are hereby declared to be disorderly ionnty^de- persons within the meaning of title fifth of chapter, ^l^™!*"]*^ twentieth of the first part of the Revised Statutes, and persons, may be proceeded against as such in the manner directed by the said title ; and it shall be the duty of the magis- trate before whom any such person may be brought for f examination to judge and determine, from the facts and circumstances in the case, whether the conduct of any person amounts to such desertion or neglect to provide for his wife or children. § 6, ch. 17i, 1844. § 539. In all complaints before any magistrate in the Surety may county of Kings, for disorderly conduct, it shall be lawful for"ooa" for such magistrate, if, in his opinion, such disorderly i>e]iaTior. conduct tends to a breach of the peace, to require the party against wlpm such may be proved^ either by his or her own confession, or by competent testimony, to give sufficient surety or sureties for his or her good behavior fo» any term not exceeding twelve months ; and the magistrate who may have required such surety or sureties may, in his discretion, at any time discharge the same. § 7, same ch. § 640. The superintendents of the poor of the said Power of county (Kings), or any one or more of them, shall have tendeSs and exercise exclusive authority, and it is hereby made coM^ty^' their duty to do every act and thing now required to be f|So^Jji done by the justices of the peace and overseers of the poor of the city of Brooklyn, and by the justices of the peace and overseers of the poor of the other towns of the said county, in pursuance of the first title of the twentieth chapter and first part of the Revised Statutes, in relation to th« relief and support of indigent persons ; and oif the fi)urth title of the eighth chapter and second part of the Revised Statutes, in relation to masters, ap- prentices and seryantSj and of any acts amendatory of said titles, in the same manner as if they were justipes of the peace and overseers of the poor. Provided that noth- ing lierein contained shall be comstrued to authorize the said superintendents of the pqOT^to receive or take any fees or special compensation for the services by them per- formed under this act, but that such services shall be deemed and taken as part of their general duties. 8 2, eh. 305,, 1838. § 541. It shall be lawful for the superintendents of the Articles poor of the said county, from time to time, to purchase Zrehaaea. or procure in anticipaftaon, and to keep, on hand, such fg |g^oi. articles and things as they may deem advisable for the purpose of enabiing them to grant temporary relief to such poor persons as may appfy for the same, and who ■ 21 162 Bnles and l»y-law8. 8ee ante, {$495-604. Jlxamina- tionrelatiTO to panpers anspected to be for- eigners. Duty of commls- sionera of almshouBe of New York. RELrE;F OF THE POOR. shall be lawfully entitled thereto ; and to employ one or more persons as igents under them, if necessary, to ren- der and apply sach relief in a due and prudent manner, and under such restrictions and regulations as_ the said superintendents of the poor shall or may prescribe. § 3, eh. 305, 1838. § 542. The superintendents of the poor of said county are hereby authorized to make and ordain such rules and by-laws as they may think necessary for the purpose of regulating and carrying into effect the powers granted to them under the provisions of this act •,. but such rules and by-laws shall not be valid unless sanctioned by the board of supervisors of the county of Kings, and entered at large on the minutes of the said board. § 4, same ch. § 543. If any pauper shall hereafter be sent to the poor-house of the county of Kings, and any one of the superintendents of the poor in the said county shall sus- pect such pauper to be a foreigner, and to have been within the next preceding two years brought from siiph foreign port, and originally landed in the city of New Tork, such superintendent shall notify the^ other superin- tendents of the said county, who, or a majority of them, shall inquire into the facts, and if . they are of .opinion that such pauper is a foreigner, and that he on his origi- nal importation was landed in the city of New York, within two years next preceding as aforesaid, such su- perintendents, or any of them, may at any time ^ there- after give notice thereof in writing to the commissiooers of the almshouse and bridewell of the city of New Tork, or any of them, which notice shall- set forth the name and! age of such pauper, and the time when such pauper was landed in the port of New York, as near as maybe, with the name of the vessel in which such pauper arrived, and containing a request to the said commissioners to provide for the relief and support of such pauper. § 1, ch. 257, 1842." § 544. The said commissioners of the almshouse and bridewell of the city of New York may, at any time after receiving such notice, cause the said pauper to be brought to the said city and there provide for his or her support ; and until the said commissioners shall take charge of the support of such pauper the said superintendentSi or their agents, shall provide for his or her relief and support as in cases of county panpers ; and the mayor, aldermen and commonalty of the said city of New York shall pay the said county of Kings a fair and reasonable compensation > The management of the almshonee In the city of New Tork is now Test«4 ^ the board of commieaioners of charities and correction. ThiB notice must tnere- foro now be given to them, or any one of them. See New York coosty, poat. RELIEF OP THE POOR. 163 foi" the maintenance and support of such paupers, and of such child or children of such paupers as may have been born subsequent to his or her importation, from the time of the service of such notice until the expiration of two years from and after the importation of such pauper. I 2, ch. 257, 1842. ' § 545. The mayor, aldermen and commonalty of the „" ???wf°r city of New York shall in no case be liable for the snpi- York not port of any pauper, as provided in the preceding section support (section 5M) of this act, unless the said mayor, aldermen paape?B. and commonalty shall have been indemnified for the sup- port of such pauper according to the act entitled "An . i act to reduce several laws relating particularly to^the city ", of New York into one act," passed April nine,' eighteen hundred and thirteen, or unless the SE^id mayor, aldermen and commonalty shall have compounded for the support of such pauper. § 3, same ch. § 546. If any such pauper shall have been reported, in ^7^^?"° writing, to the said mayor or recorder; of the I said 'city, Siflcatf^ ' by any master or commander of any vessel, according to ' -ni"!! the provisions of the two hundred; and fifty-first section ' ' '' '' of the above mentioned act, such report fehall, in all cases, be conclusive evidence that the said mayor, aldermen and commonalty have been indemnified,'- or haVe compounded for the support of such pauper, as mentioned in the third ' section (section 545) of this act. §'4,samech. '■ ul.f § 547. All persons' who, being habitual di*unkard8j are ^|^°| destitute and without visible means of support, or iwhoi, vagrants being! such habitual drunkards, and being' of sufficient ionn'S'^' ability to support their families^ shall' abandon, neglect or refuse to aid in the support of their faniilies ; all per- sons who shall have contracted an infectious or other disease i-n!the practice -of dronkennesB or debaAJ.chery, re- quiring charitable aid to restore them to health ; all per^- sons wandering abroad, lodging in watch-houses, oui^ houses, market-places, sheds, stables, or .uninhabited buildings, or in the opeui air, and hot giving a good i r, i ' account' 6f themselves ;' all persons wandering abroad and ;, begging, or who go abouflftom!; door tJb door, ot place themselves in the streets, highways,; piissages or other public places, to beg or receive alms, "within the said county, shall be deemed vagrants. § l,.ch. 174, 1844. § '548.1 It shalli be the duty of every constable on other Dnty of " ■ ./¥>. 1 ■ T 1 "J. J. constanleor peace omcer, whenever required by any person, tO'carry, other peace convey or conduct such vagrant before a ju8ticeS56. The, board of managers shall' have power to ap- By-iawsand point matrons and such other assistants as they may deem, ^«sai<^^°^»- rifoeessaij: in conducting . the domestic i and internal cOn- ■> : '"" cerns . i?f their industrial schoolsi aiidi home for destitute! ' ''' ahildren; to make any by-laws and reg'nlaiions for-the go¥femment of: their own proceedings and those of the pbrsons so appointed, and of other inmates of their houses; to govern the children under their care and pre- scribe their course of instruction and managiement, to th© same extent and with the same rights as exist in the case of natural guardians. § 5, same ch. ' § 557, In all cases where a child shall have been sur-,DutieBof rendered by its natural or other legal guardian to the care' ™*"*8ers. and management of this association, by any instrument 166 Indentarea and bind- ing oat. Onardians. Crneltyto cblldren. RELIEF OF THE POOR. or declaration ia Si^riting, it shall be lawful for the said board of managers, at their discretion, to place such child by adoption, or at service in some suitable employment, and with some proper person or persons, conformable to the laws of this state, in regard to the binding out of indigent children, provided that in all such cases the terms of the indenture shall be approved by the mayor of the city of Brooklyn, or the surrogate of the county of Kings, which approval shall be signified on such inden- ture by the signature of such mayor or surrogate; but in every such case the requisite provisions shall be insert- ed in the indenture or contract of binding, tosecure the child so bound such treatment, education or instruction as shall be suitable and useful to its situation and circum- stances in life. § 6, ch. 588, 1857. § 558. In case of the death or le^al incapacity of a father, or of his imprisonment for crime, or of his aban- doning and neglecting to provide for his family, the mother shall be deemed the legal guardian of her chil- dren, for the purpose of making, such surrender as afore- said ; and if in any such case the mother be also dead, or legally incapable of acting, or imprisoned for crime, or shall have abandoned or neglecte* to provide -for her child or children, the mayor of the city of Brooklyn, or the surrogate of the county of Kings, shall be, by virtue of his office, the legal guardian for the like purpose ; and so in all cases when it cannot, by diligent inquiry, be ascertained that there is within this state any parent or other person legally authorized to act in the premises, said mayor or surrogate shall be, ex officio, such guardian for the same purpose, and in either case, whether such surrender be made by the mother, or by the mayor pr surrogate aforesaid, and whether before or after admis- sion into said home, it shall be deemed a legal surrender for the purposes and within the true intent and meaning of the Bixm section of this act ; but no surrender by a mother, as provided by this section, shall be valid without the consent of the mayor or surrogate aforesaid. § 7, same ch. § 559. If any party to whom the said association shall have intrusted a child shall be guilty of any cruelty, mis- U8£^e, refusal or neglect to furnish necessary provisioni or clothing, or any other violation of the terms of inden- ture or contract towai'd any such child so indentured, such child may make complaint thereof to the board of managers of this association, or to any justice of the peace • By chapter 433 of 1870 the charter of the " Industrial School ABBOciatton of Brooklyn, eastern district," Is amended, and 5S 8-10 of >'l*h chapter are precisely Bimilar tp W provi^ns of aec^ione 6-10 i^ chapter 588, 1857, with this excep- tion, that § 10 of said ch. 433 requires the report therein mentioned to be made ai often as once in each year. Instead of once in bIz months. i RELIEF OF THE POOR. 167 of the county in which such child is so indentured, or to the mayor, recorder or aldermen of any city in which such child is bound to service, or to any such officer, who shall summon the parties ' before him, and examine into, hear and determine the said complaint ; and if upon such examination the said complaint shall appear well founded, such officer shall, by certificate under his hand, discharge such child from his or her obligation of service, and re- store him or her to the charge and management of this association, in the same manner and with like powers as before the indenture of such child. § 8, ch. 588, L857. § 560. Where children are indentured, the guardian DepoBit* may be required, after said children shall have attained ^°' •='»"^«* the age of twelve years, to place annually in the treasury of the Brooklyn industrial school association, and home for destitute children, the sum of ten dollars, which shall be the legal property of such children. If a girl, the aggregate, making sixty dollars, shall be paid to her when she has attained the age of eighteen years ; and if a boy, the annual payment, making ninety dollars, shall be paid to him when twenty-one years of age ; these respect- ive sums shall be duly credited to said children upon the books of the association, and receipts of the respective payments placed in the hands of the guardian fcr safe keeping. § 9, same ch. § 561. The board of managers of this association shall JJ*"*^*™ be the guardians of every child indentured by virtue and diaM.*^" in pursuance of the provisions of this act. They shall take care that the terms of the contract be faithfully ful- filled, and that such ward be properly treated ; and it is hereby made their special duty to inquire into the treat- ' ment of every such child, and redress any grievance in manner prescribed by law ; and it shall be the duty of the guardian to whom any such child shall be indentured^ and he shall, by the terms of the indentures, be required, as often as once in six months, to report to the said board of managers the conduct and behavior of the said ap- prentice, and any thing of special interest pertaining to his welfare. § 10, same ch. . § 562. The legislature may at any time alter or repeal this act. § 11, same ch. § 563. The corporation hereby created (The Inebriates' Kings Home for Kings county) shall have all th§ powers and be iSebSitwi subject to all the restrictions conferred and provided by Home, the act entitled " An act for the incorporation of benevo- lent, charitable, scientific and missionary societies," passed April twelfth, eighteen, hundred and forty-eightj and the several acts amendatory thereof, except so far as the same are modified by this act. Part of § 1, ch. 843, 1867. 168 RELIEF OF THE POOR. Appropria- tion oat of excise inone7S. Annual approprla- tione. Jnstlces of the peace and police jnetices to render qnar- terly Btate- ment to treasurer of "Home." Power of tmetees to visit per- sons con- fined in jail for intoxi- cation, &c. § 564:. The treasurer of the board of excise, of the metropolitan police district of the state of New Yort, shall pay to the treasurer of the said inebriates' home the sum of two hundred thousand dollars of the first moneys hereafter received by said board of excise for licenses granted under said excise law to persons carrying on business in the county of Kings, which amount is hereby appropriated to said home, to be applied to the erection and furnishing suitable buildings for the same, and im- proving the grounds belonging thereto, and no other purpose. After the payment to said home of the sum of two hundred thousand dollars, the treasurer of said board of excise shall pay annually thereafter, to the treasurer of said home, the sum of ten thousand dollars out of the excise moneys, as aforesaid, to be applied to the maintenance of the same and for no other purpose. All fines hereafter collected for violations of said excise law, in the county of Kings, shall be paid to the treasurer of said home in the manner hereinafter Stated. The justices of the peace of the city of Brooklyn, and police justices in the towns in Kings county, are hereby re- quired to pay to the treasurer of said home, quartei; yearly, all moneys received by them for violat^pns of any of the provisions of this act. Such payment sh^ be accompanied by a detailed statement, showing the separate amounts received by them, from whom receiv€d, the date when received, and the residence of the, party," so far as the same can be ascertained by his examination, and that of the officer making the arrest, which statement shall be verified by the oath of the justice. Any person failing to comply with the provisions of this act shall be gnilty of a misdemeanor. § 4, ch. 843, 186Y : as amended by ch. 483, 1868. § 565. The said trustees shall have power to visit the persons confined in the jail or penitentiary of Kings county for intoxication or habitual drunkenness, ^s often and at such times as they may deem advisable ; and may determine from time to time who of the persons so con- fined in said institutions are fit and proper subjects to be transferred to said inebriates' home. Whenever said trustees shall determine, pursuant to their by-laws, that any such person is a fit and proper subject to be so trans- ferredj the president of said inebriates' hpn?^ shall make out and sign a certificate stating the facif that 6?.id trus- tees have determined that such person is a fit and proper person to be so trajnsferred, and directing the keeper of said jail or penitentiary to deliver such person to, the keeper of said home, whiqh : certificate shall be filed. Tjrith such keeper. Upon receiving such certificate RELIEF OF THE POOR. 169 the keepbr ^all forthwith transfer such person to said home, there to be detained pursuant to the second* section (section 567) of this act. | 5, ch. 843, 186Y. ' § 566. For the purpose of carrying out the object of commit- said inebriates' home, the magistrates in Kings county als^harge shall hereafter commit persons convicted for intoxication, of intoxi- or as habitual drunkards, to the jail or penitentiary tor sons. a period not exceeding six months; in case of the com- mitment of such persons, and the persons so committed for intoxicatioHj unless transferred as hereinbefore pro- vided, shall be discharged by the keeper of the jail or penitentiary, at the expiration of ten days from their commitment; and the persons so committed as habitual drunkards, unless so transferred, shall be so discharged at the expiration of thirty days from, their commitment! § 6, ch. 843, 1867." _ § 567. The said corporation shall have power to receive Power to and lietain all inebriates who enter said home either vol- SSriatea, untarily or by order of the trustees, as hereinafter pro- vided for soch period as said trustees may deem for the benefit of such inebriates^ not exceeding six months. § 2, same ch. § 568. It shall have power to establish^ and carry on Farther such branches of industry as the trustees^ thereof may p"^^"' deem necesSary to carry out the reformatory objects for which it is established, and may take, purchase, hold and dispose of such personal property as may be necessary for that purpose, and no other. In its corporate name, to take, purchase and hold real estate in the county of Kings, and erect thereon such building or buildings as the said' trustees may deem proper'and necessary to carry ' out the objects of said incorporation, and for no other object. Saiiid corporation shall have power to sue and be sued, to make and use a common seal and alter the same at pleasure ; to take and hold any grant or devise of lands. or any donation or bequest. of money or other per- sonal property, to be applied to the founding and main- " ..iV tenance of said institution. The justices of the supreme jnstices court, in the exercise of their jurisdiction, within the oourt^ma"' county of Kings, shall have power to commit to said g°™™", Inebiiates?, home, for a term not to exdeed one year, all drunkards persons who, being actual inhabitants oS the said county, *° "Home." shall be incapable or unfit, for properly eondufcting their ' own affairs, in consequence ©t- habitual drunkennessi § 3, ch. 843, 1867 ; as amended by'§ 3, ch. 483y 1868. § 569. Such commitment shall be made by any of said Prooeed- justices, in any case where the facts referred to in the wSsS^com- • The printed session laws has Uie word V first" instead of " second." » Section 7 of ch. 843, 1867, repealed hy § 3, oh. 483, 1868.' '"■ '22 170 RELIEF OP THE POOR. mitmentB Btaall be made. lb. Commit- ment not to exceed one year. When order of commit- ment may be vacated or modified. Commit- ments may be made to "Home" pending in- vestigation by commlB- iion. Cost of sup- port of per- sons com- mitted ; how to be paid. Volnntary Inmates to be kept Bopatate ftomper- last preceding section of this act shall be made to appear by petition or complaint, duly verified and presented by any relative of such habitual drunkard, or by any officer of said home, or any officer of the metropolitan police doing duty within said county, and upon return of a commission issued upon such petition or complaint. § 4, ch. 483, 1868. § 570. Upon the presentation of such petition or com- plaint, the justice to whom the same shall be presented, shall proceed thereupon in the same manner as is direct- ed in title two of chapter five of part two of the Eevised Statutes of the State of New York, in relation to the care and custody of the persons and estates of idiots, lunatics, persons of unsound mind, and drunkards, and according to the rules and practice of the supreme court in sucu cases. § 5, same ch. § 571. Upon becoming satisfied by return of a commis- sion, as heretofore provided, that any person is an habit- ual drunkard, and incapable, in consequence thereof, of conducting his or her own affairs, said justice shall haye power, in nis discretion, to issue his warrant, committing the person so found to be an habitual drunkard to the custody of the said home, to be detained in the said home for such period, not exceeding one year, as the said justice may deem proper, and such warrSnt shall be executed by any member of the metropolitan police. Any such warrant, duly issued, shall be full and sufficient jus- tification for all acts done by any properly authorized officer, under and in accordance therewith. Such order of commitment may at any time be vacated or modified by any justice of the supreme court, on cause shown. § 6, same ch. § 572. Any justice before whom proceedings may be pending, under the provisions of this act, may, after filing of any complaint, and when in his judgment the circumstances of the case render it proper to do so, com- mit the person charged with being an habitual di-unkard to the said home, while proceedings on such complaint are pending, and all persons so temporarily committed shall be discharged from said home, if, on return of a commission, it shall be determined that they are not proper persons to be detained. § 7, same ch. § 573. The estate of any person committed to such home, and the pei-son committed, shall be liable for the support of such person therein^ and the committee of every such person shall pay out of his estate such reason- able and proper sum as shall be fixed by the justice ordering the commitment. § 8, same ch. § 574. In the erection of the buildings provided for in the first sectioh (section 564) of this act suitable and proper provision shall b" '•"°'^" -ft"- Vqot\iti>» ^■v.r^>,.^ ^i an^ar RELIEF OF THE POOR. 171 said home voluntarily,; seiparate and apart from tliose who eons who inay be transferred to saidMhome from the jail or peniten+ committed, tiary. Suitable provisipn shall also be made for keeping sexes to be the sexes separate and apart. There shall be provided, teptapart. also, a suitable chapel for religious services, which shall f^rtSe».° be equally free to all religious denominations. § 9, ch. 483, 1868. § 575. The money appropriated by the first section (sec- Mme^f"' tion 564) of this act to be applied to the erection and fur- not toT)e nishing of suitable buildings for said home, and improving without* the grounds belonging thereto, shall not be expended un- ^^^J^^ less sanctioned by the mayor and city judge of the city officers. oi )Brooklyn, and the county judge of the county of Kings, in conjunctioli with the executive committee of saidhbine, who shall approve of all plans, specifications. Trustees of arid contracts relating to the erection and furnishing said toTpproysT buildings and improving ; said grounds. And the officers t»cte,&ci" herein named are hereby declared to be members and trustees of said corporation by virtue of their offices, and invested with all the powers of the origiiial incorporators. § 10, same ch. § 576. The president of said home shall, in the month Annnai of January in each year, report to the legislature the It^^tme. doings of said home for the preceding year, "which report Eeport, shall state the amount of money received and on hand, J^l*^ the sources from whence received, the amount expended and for what expended, the number received into and dischairged therefrom,- together with such other informa- tion as may be deemed of general interest. § 11, same ch. § 577.* The object of such corporation [Brooklyn eye Brooklyn and ear hospital] shall be the ■ establishment of a hospital ^sDUaif" in the city of Brooklyn and county of Kings, for the f^j '"'• treatment of indigent persons sufiPering from diseases of ' the eye and ear. § 2, ch. 567, 1868. § 578. The objects of said corporation [The church °oi!?J||ti'a charity foundation of Long Island] shall be to establish and maintain one or more houses for such indigent aged persons and indigent orphan and half orphan children, and other children left in a destitute and unprotected state and condition, as. it may receive and have under its care, and to educate sudh children, and to establish and maintain one or more hospitals, dispensaries or other in- stitutions, for the shelter, support and relief of; such sick or infirm indigent persons as it may receive under its * oare, or otherwise minister to, and to establish and main- « By ch. 302, 1870, " The Eastern District Hospital " of the city of Brooklyn was Incorporated, and by S 8 of saidjjhajjter it is declared that "the objects of this corporation are, to establish and maintain in that part of the city of Brooklyn lately called Wuliamsbnrgh, an hospital, at which shall be received such persons as may require medical or surgical treatment, and to have also the authority and Diiivileges of a dispensary, to supply medicines and to give relief, and to do all fuingslleceisary and pertaining to, and as now perfdrmed 1)y, the institntion now existing in said locality." 172 RELIEF OF THE POOR. Orpban asylums in Broojdyn, Soliool moneys to be die- trlbuted to asylome. SnperrlBlon of the scbools. AniiDal ap- propriation for Brook- lyn CpntraL Dispensary. BroofcTyn City Dis- pensary. Broolclyn Bclectic Dispensary. Broolclyn Homfeo- patliic Dis- pensary. Williama- l^prgh Dis- pensary. Long Island College Dl6» pensary. St. Peter's Dispensary. Ejyand»a9 HbiiiitaX ' ' Gates' Ave- nne Homoe- ^opathic Dis- 'pensary. Eastern District Hospital. Brooklyn Dental In^mary. tain such other institutions for charitable or reibrmatoiy uses and purposes, as may be determined upon by the board of managers. § 5, ch. 428, 1868. § 579. The orphan asylum societies of the city of Brooklyn shall participate in the distribution of the school moneys raised in said city, in proportion to the number of children between the ages of four and sixteen, who have been under the charge of said societies during the past year, and instructed in such manner as is usual in common schools, and shall hereafter be annually en- titled to such distributive share in the same manner, and to the same extent, as is now or shall be provided in respect to the common schools of said city. § 1, ch. 76, 1848. § 580. The schools of said societies shall be subject to the general supervision of the board of education of said city, but remaining under the immediate direction and management of the said societies as heretofore. § 3, same ch. § 581. It shall be the duty of the joint board of alder- men and supervisors of the city of Brooklyn hereafter to levy and raise annually, in the same manner as taxes are now required by law to be levied, the sum of fifteen hun- dred dollars t6 be paid to the Brooklyn Central Dispensary for its support; the sum of fifteen hundred dollars to be paid to the Brooklyn City Dispensary for its support ; the sum of fifteen hundred dollars to be paid to the Brooklyn Eclectic Dispensai-y for its support ; the sum of fiiteeli' hundred dollars to be paid to the Brooklyn HomcEopathiiJ Dispensary for its support ; the sum of fifteen hundred dollars to be paid to the "Williamsburgh Dispensary for its support ; the sum of fifteen hundred dollars to be paid to the Long Island College Hospital Dispensary for its support ; the sum of fifteen hundred. dollars to be paid to the St. Peter's Dispensary for its support ; the sum of fi& teen hundred dollars to be paid to the Eye and Ear Hos- pital of the city of Brooklyn for its support ; and the sum Of fifteen hundred dollars to be paid to the Gates? Aveflue Homoeopathic Dispensary for its support ; and the sum of fifteen hundred dollars to be paid to the Eastern Dis- trict Hospital of the city of Brooklyn, and the sum of fif- teen hnndred dollars to be paid to the Brooklyn Dental Infirmary for its support. • § 1, ch. 295, 1869, as amended by § 1, ch. 320, 1870. CHA.P. XXIII. LEWIS COUNTY. Section 582. Distinction between town and county poor, how may h» restored in Lewis county. 583. Duty of clerk of board of supervisors in such case. RELIEF OF The poor. 173 Bkction 584. Excise moneys and peftalties, how to be applied in caSo , Buoh distinoti(ii^ is restdrfdi 585. iMoneys raised at to-wn meriting to be paid to overseers of I ;,tlie po9r,T«rti.oar,e to girebpnds, and apcount annually. !586. SxiperviBor of Xowyille, to purcliase lots in cemetery for tlie barial of deceased town poor ; jnoney, Bow raised. 58'i'. Overseer of poor of Lowville to ptescrfbe iegulWions for - burials. ''''•'■' §•582. 'I'he boiard of -supervisors of the county i of Lewis, Bistincuon at any annual meeting or at anyl special mgetiBg i calle^ town and for that purpose, may determine to restore the distinction jn Lewis"" between county poor^Jid town poor in their said county ; J°°,°*y')'°'^ and upon their filing such determination duly certified by the clerk of the ^id board, with tl^e county clerk, the said poor shall be maintained, and the expense thereof defrayed, in the same manner as is now provided by law for the maintainitig the' poor in those counties in whi'ch H^e diptinction .]t)etween county and town poor prevails. |l, ch'.'Sl, 1842.' ■'■■" \' . ,, '" " § 583. When the supervisors, pf the said county shall Dntyof have determined to restore t^e, distinction between county bowd'of and town poor, the clgrk of the board of supervisors shall snpervisow serve a copy of the resolution making such determina- tion upon the clerk of each town within isaid. county, and upon the superintendents" of the poor of saidicounty. § 2, same ch.< ' ■ § 584. After subh resolution 'shall be served, the excise EiciBe money collected in any town within said ccfuntj^ and all ™™i^gj?* penalties given by law to the overseers of the pobr when tow applied received, ^haH, be sippliedta the use ,o,f the poor of the town in which such money and penalties 8hal| be col- lected ; and all officers or persons into whose bands the -said moneys or penalties siWU come ?^^11 pay, tlie same to the overseers of the poor of the town in which they shall belong. §18, same oh* , § 585. All moneys voted to he raised at any annual or Moneys special towmm^eting; in any town of the cou'nty of Lewis, toOT? meet- for the support of town poor, shall be. paid to the over- ^afa\° ''^ seers of the poor of siieh to^m,' whKi shall be required to overseers, give bonds in the same maimer as town superintendents give "onds. of common schools are novy required by la\^ to 'do, in a penalty of jat least dpuble the amount of all, moneys re- qeivfd by their predec,es,?,ors from all sources the preced- ing year, coAditipnal fi>r the faithful application and disbursement of all moneys which shall come into their ■' hands by virtue of .thjcir office, and the overseers Shall overseers jannuaily: account ]to t'&e,,Tf)ftgjr(l -oi', town auditors for all i^uau™* /pioneys received 9,nd, disbursed by them according to se6- ,,tiQn, fifty-two of tij;le one, chapter twenty, part one of the Eevised Statutes. '% I, ch. 7, 1845. § 686. The supervisor of the town of I/OwvlUe, Lewis Bunaiiot county, is hereby authorized and required to purchase Lowymef three lots in the Lowville Eural cemetery, for the burial 174 RELIEF QP THE POOR. of th6 deceased towa poor, and such other persons as would be necessarily buried at the expense of the town ; and said supervisor is hereby authorized to raise a suf- ficient sum upon the taxable property of said town, but not to esceed three hundred doUai-s. § 1, ch. 701, 1868. oyerseerof § 587. Burials upou Buch lots may be made only upon pre9^c?ibe'° the order of an overseer of the poor of said town, under fofb'^riSSf such regulations as the by-laws of the village of Lowville prescribe. § 2, same ch. CHAP. XXIV. LIVINGSTON COUNTY. Section 588. Towns in which indigent persons relieved reside, to pay expenses of relief and support. 689. Overseers of pbor to provide for temporary relief. 590. Overseer to enter in book name, age, etc., of persons re- ' 'lieved. ' 69i. Bboi to be laid before town auditors. 593. Accounts of overseers, how audited. ! 598. Town auditor to cei'tify'the riameB; age, feto.,' of persona relieved, and to make report to board of supervisorB. 594. Estimate of amount required, for next year ; supervisors to cause the same to ])e levied. 695. Supervisors to examine acfiountjs of superintendents of poor. 696. Superintendents of the poor ; keeper of poor-house. 697. Salary to be fixed by board of supervisors. 698. Inconsistent laws repealed. > . .1 599. Town of Ossian, in county of Allegany, annexed to Liv- ingston county. ■ , , 600. Present officers to retain jurisdiction; 601. County clerk to transmit names. 602. Paupers belonging thereto a charge upon Livingston county. 603. Saperintendent'Of poor of Livingston county to give ten days' notice of removal of said poor. 604. Present officers to exercise duties of office. Towns In § 588. The expenses which shall be feciirred in the re- Ton'sr^*'' lief or support of indigent persons entitled* thereto by rtir^tJpay ^^^' ^^ ^^® county of Livingston, before removing such expenses, persons to the coahty poor-house of such county, pur- suant to the provisions of the Kevised Statutes for the relief and support of indigent persons, including the charges of overseers pf the poor for seri^ices rendered in providing for such relief and suppprt (but n6t the ekpicnse of such removal), shall, be' a charge upoii the tb\^6s in RELIEF OP THE POOR. 175 ■which the persons so relieved or supported shall respect- ively bo. § 1, ch. 334, 1845." § 589. The overseers of the poor of said county shall Overseers provide for such relief or support, pursuant to the order to proved" of a justice of the peace to be obtained in the manner raJy'rSFo°f' provided by the forty-sixth section of the Kevised Stat- '' ^ow. ass. utes above mentioned, except for medical services to an amount not exceeding; five dollars, for which no order shall be required, until such persons shall be removed to the county poor-house of such county, or until the neces- sity for any further expenditure shall cease ; and it shaU not be necessary to obtain the sanction of the superinr tendent of the poor to authorize the expenditure of a greater sum than ten dollars for the relief of any one poor person or family ; provided, that such orders granted pursuant to this section shall be granted without fee or reward. § 2, same ch. ' , ,; § '590. The overseers of the poor shall keep a book, to Names, age be procured at the expense of the town, in which they reiievel°to shall enter the name, age, sex, and native coimtry of • ^^^^^^^'^^ every poor person who shall be relieved or supported; by^ them, together with a statement of the causes, either di- rect or indirect, which shall have operated to rendei" such ?erson a pauper, so far as the same can be ascertained, 'hey shall also enter in such book a statement of all moneys received by them, when, and from whom, and on what account received, and of all moneys paid out by them, when, and to whom paid, and on what authority. § 3, same ch. § 591. On the Tuesday next preceding the annual B9oktobe town meeting, in every year, and also on the Thursday, the town™ next preceding the annual meeting of the board of super- »»^i'o"- visors of such county in every year, thei overseers of the poor shall lay the; said book betfore the board, of town auditors, together with a just and true account of all moneys received and expended by them for the use of the poor since the last preceding meeting of the said * board of town auditors. The said board of auditors shall compare said account with the entries in the poor book aforesaid, and shall examine -the: vouchers in support thereof, and audit and settle the same, and state the bal- ance due from the overseers, or to them as the case may be. The said account shall be filed with the town clerk ; and at every annual town meeting, the town clerk s|iall produce such. poor accounts for the then preceding year, • Chapter 334 of 1845 is entitled " An^ct Jta relation to the temporary relief of the poor in the county uf Livingston, and such other coantiea as may adopt the .pro- visions of this act," chapter 345, 1846, entitled '* An. act in relation to the tempo- rary relief of the poor,^| authorizes the adoption by other counties (except Kings andNew Ybrk counties) of all the proVisibDs'ofsaid'chapter 334(1846. See also %i 64, 65, ante, as to powers of boards of supervisors to revive or abolish distinction between town ana county poor. ]^76 RELIEF OP THE POOR. and read the same if required by the meeting. § 4, ch. 334, 1846. Acconnts, § 592. The accounts of overseers of the poor for their a^ted. services in afiFording the relief and support mentioned in this act shall be audited, certified, levied, collected and paid in the manner now provided by law in respect to other town accounts. § 5, same ch. Town andi- § 593. At the annual meeting of the board of town t^^ names, au'ditors ou the Thursday preceding the annual meeting ofpereSns of the board of supervisors, the said board of town audit- roUeved. ors shall make a certificate, to be signed by a majority of the board, specifying the name, age, sex and native country of every person who shall have been relieved or supported by the overseers of the poor, during the then preceding year, and stating the causes, either direct or indirect, which shall have operated to render such person a pauper, and the amount of money expended for the use of each and every person so relieved or supported as allowed by the board of auditors, together with the amount allowed to each overseer for services rendered in relation to the temporary relief of the poor as aforesaid ; which certificate the said board of auditors shall cause to be delivered to the superintendents of the pioor of such county, or one of them, on or before the first day of De- cember then next. § 6, sailie ch. Estimate to § 594. The boapd of town auditors shall also, at their amonntneo- annual meeting mentioned in the last preceding section, noi*1ew'. make an estimate, to be signed by a majority of the board, of the sum which they shall deem necessary for the tem- porary relief and support of the poor the ensuing year, •and to supply any deficiency in the preceding year, and shall cause the said estimate to be laid before the board of supervisors of such county, on the first day of their then next annual meeting. The board of supervisors shall cause the said sum to be levied and collected in the town where the same was estimated to be necessary as aforesaid, in the manner now provided by law in respect to other town charges, and to be paid to the overseers of the poor of such town. § 7, same ch. Duty of § 595. It shall be the duty of the board of supervisors Buperrisora ^f g^^jj county to examine the accounts oi the superin- tendents of the poor, and audit the same. § 8, same ch. snperin- § 596. The superintendent of the poor, hereafter elected LWingston in the county of Livingston, shall, by virtue of said office, h'oMe'*"""^ be the keeper of the poor-house of said county. § 1, ch. keeper. 79, 1861. His salary, § 597. The Salary of said superintendent and keeper be tod.*" st^ be fixed by resolution of the board of supervisors of said county, at the next meeting of said board after the RELIEF OF THE POOR. 177 election of said superintendent, and, when so fixed, shfiU remain until said board shall, by resolution, direct other- wise. § 2, ch. 79, .1861 ,_ V' '"• : § 598. All laws inconsistent with this act are hereby Bepeai. repealed. § 3, sajne ch. § 599. The town of Ossian, in the county of Allegany, Annexation is hereby annexed to the county of Livingston. § 1, ch. 166,1857. § 600. All the officers of the town of Ossian in office ^^^^^J^t^ when this act shall take effect shall remain pfficersof the retain jnris- town, with the same tenure and, jurisdiction in and for '^'°*'°°- the county of Livingston, which they had or possessed in and for the county of Allegany, before the passage of this act. § 2, same ch. § 601 . The clerk of the county of Allegany shall, imme- county diately after the passage of this act, make and transmit transmu to the clerk of the county of Livingston, to ]t^Q filed in his °=™''»- office, a certificate of all the 'town officers of the town of Ossian, whose names are filed or kept in his office^ which certificate, when so filed, or a copy thereof certified by the said clerk of the county of Livingston, shall be evi- dence in all cases, with the like force and effect as his certificate would be if said officers haid been elected or chosen in said town of Ossian, In the county of Living- ston, after the passage of this act. § 3, same ch. § 602. All paupers belongiiig to or transported from the town, hereby annexed, to the poor-house of the county of Allegany, shall be a charge upon the county of Liv- ingston from and after the passage qf this act, until they shall be removed, as hereinafter' provided. § 6, same ch. § 603. The superintendents of the poor of the county Dnty of of Livingston may give at least ten days' notice to the levied superintendents of the poor of the county of Allegany, ofpoo'- that they intend to remove said paupers from said poor- house, and at the expiration of said notice they may re- move the said paupers ; and all expenses incurred for the support of the same shall be audited and raised • by the board of supervisors of the county of Livingston, and paid over to the treasurer of the county of Alleg^,ny at their next annual meeting. § 7, same ch. §604. AH persons appointed to office residing on the Pwaent territory hereby annexed shall hold and exercise the duties of his or their office during the term of the same, notwithstanding this act. § 8, same ch. 23 178 BELIEF OF THE POOR. CHAP. XXV. MONEOE COUNTY. Section 605. Overseers of Monroe county to examine applicants for relief ; false swearing, perjury. 606. Power of overseers tp settle bastardy cases. 607. Excise moneys to be applied for relief of poor. 608. Tliis not to prevent moneys paid to New York State In-' ebriate Asyl am. 609. InconsiBtent acts repealed. 610. Board of supervisors may authorize superintendents of poor in Monroe county to grant temporary relief. 611. Insane asylum of Monroe county to be a separate institu- tion from county poor-house, and supervisors to have control of the same. 612. Authority of supervisors ; may elect warden and fix his salary. 618. Trustees of such asylum to be elected. „. _■ |- Powers and duties of warden. 616. Supervisors to levy tax for support of asylum. 617. Warden may contract for support of insane persons. 618. He may demand from state asylum persons chargeable to said county of Monroe. 619. Bestriction as to the admission of inmates from Monroe county, on order of county judge, into state asylum. 620. Common council of Rochester to appoint one oversesr of poor. 631. Mayor and aldermen of Rochester to be overseers of poor ; their powers and duties as sucli in respect to in- digent persons, lunatics, bastardy cases, etc. 622. Poor, how to be supported in Rochester. 628. Almshouse, how and when may be erected and main- tained. 624. Common council may appoint officers and servants for the government and management of such almshouse, and make regulations, etc. 625. May provide materials and implements for minufac- tures, and cause inmates to labor, and may provide ' cells and rooms for idots and lunatics. 626. May raise |30,000 for support of poor ann\ially ; city may borrow money to supply deficiencies. 627. Managers of the house for idle and truant children to report annually, and expenses for such institution ; how to be raised, 628. Trustees of Rochester Home for the Friendless may bind out children surrendered to them. 629. Revised statutes to apply to such binding out. 630. Certain idle and truant children committed in Rochester may be detained, or bound out, etc. 631. Children surrendered to the custody of the Roman Cath- olic Orphan Asylum society of Rochester may be bound out by the managers of such society ; how and under what conditions; who to be the guardians in certain cases. RELIEF OF THE POOR. 179 Section 633. Children surrendered to tte custody of the St. Joseph German Boman Catholic Orphan society of Rochester, may be bound out by the trustees of such society. 633. Common council of Rochester may issue bonds for debt contracted on account of volunteers. § 605. The overseer of the poor of the county of over«eers Monroe and of the city of Eochester shall have the coMty to* power to administer to, and examine under oath, any appjj'c'a^tj person applying to them for relief; and false swearing for relief, during such examination shall be deemed willful perjury. § r, ch. 183, 1860. § 606. They shall also have the same power to settle ?**^^S' cases of' bastardy as is now conferred upon the superin- tendents of the poor. § 2, same eh. § 607. All excise moneys obtained from licenstes in the Bxciee city of Rochester shall be paid by the county treasurer Sow^^pro- to the city treasurer, for the relief of the poor of that p"»<'™- city; and aU excise moneys, obtained from licenses in each town in the county of Monroe, shall be paid by the county treasurer to the overseers of the poor of that town for the relief of the poor. § 3, same ch. § 608. Nothing in this act contained shall prevent the fi°°*a™to treasurer of the county of Monroe from paying to the inebriate New York State- Inebriate Asylum the ten per cent **^'°™' now paid to that institution out of such moneys. § 4, same ch. § 609. All acts and parts of acts inconsistent here- Eepeai. with are hereby repealed. § 5, same eh': § 610. It shall be competent for the board of super- Temporary visors of the county of Monroe, at any meeting of said Jo" coimty" board, by a vote of a majority of the supervisors elected, snperinten, to authorize the superintendents of poor of the county beauthor- of Monroe to grant temporary relief, not exceeding in g*ant° amount twenty-five dollars, to county paupers, other than at the county-house, in all cases where it shall be appai> ent.to them that the cost of support will be less expensive to the county. § 1, ch. 323, 1859. , § 611. The insane asylum of the county of Monroe Monroe shall, after the passage of this act, be a separate and Sn'/ distinct institution from that of the Monroe county poor- asylum, house, and the board of supervisors of said county shall have the sole control, management and superintendence tliereot" § 1, ch. 82, 1863. § 612, Tlie board of supervisors of said county shall Anthority have full power and authority at any annual meeting or' visors to at any special meeting of the board called for that pur- ^^a?den. pose, after the passage of. this act, to make all upe'lfnl rules and regulations for the management, regulation, support and control of said asylum. They shall also have power at any meeting held as aforesaid, to elect by ballot some suitable person to act in the capacity of • warden of said asylum, a majority of said board of super- 180 TrnBtees.W Warden and his duties. RELIEF OF THE POOR. visors being necessary to elect, who shall hold hh office for three years, unless removed by said board of super- visors for incompetency, misconduct, or neglect of duty. Said warden shall, before he enters upon his duties as such warden, execute and deliver to the said board of supervisors his bond, with two or more sureties, to be approved by said board, in such amount as said board of supervisors may require, for the safe keeping and true accounting of all moneys and other property yhich may come into his possession as such warden. Said board of supervisors shall fix the salary of such warden and such other subordinate officers as may be by them deemed necessary, and such salary, when fixed, shall not be changed during the term of office for which such persons may be chosen, § 2, ch. 82, 1863. § 613. The said board of supervisors shall have power, and it shall be their duty, at their first meeting after this act takes effect, to elect by ballot three freeholders of said county who shall constitute a board of trustees of said asylum. The ballots used at such election shall contain the name of one person, and the person having the greatest number of votes on the first ballot shall be elect- ed for three years ; the person having the greatest num- ber of votes on the second ballot shall be elected for two years, and the person having the greatest number of votes on the third ballot shall be elected for one year ; a ma- jority of the votes of all members of the board shall be requisite to make such election legal. The said board of supervisors shall, at each annual meeting thereafter, elect one such trustee who shall hold his office for three years. Said trustees shall be entitled to receive mileage at the rate of five cents for each mile traveled in tlie necessary discharge of their official duties in going to and returning from said asylum, which shall be audited by said board of supervisors the same as other county charges, and such trustees shall receive no other pay whatever. §. 8, same ch. § 614. The warden shall be the chief officer of the asylum and the general superintendent of the ground and buildings, together with the furniture and fixtures, and the direction and control of all persons therein, subject to the regulations established by the board of supervisors. ft It shall be the daty of the trnstees of the Monroe conntT Insane Asylnrti, and tbey are hereby empowered to bear and determine all questions and Snqidries in relation to indigent lunatics and pauper insane who may be committed to »ald asylum, as to whether the maintenance of such lunatics and pauper insane la prop- erly a cliarge upon a specified town in the county of Monroe, or upon the city of Eochester, or upon the county of Monroe, and shall certify their decision to the board of supsrviBOrs of said county, and the said board shall cause the expeqses of maintenance as aforesaid, to be levied against the said town, city or county, and collected as the said board of trnstees shall thus certify. « 1, ch. «33, 1870. The said board of trustees are bereby authorized and directed Itarther when any lunatic not indigent or a pauper is placed in said asylum, to charge the estate of snch lunatic or the persons legally responsible for his maintenance, and to collect the same at such time in each year as maybe determined by the board, and the amount BO collected shall be applied for the maintenance of said ionatic, and the board sliall include the statement of such collection and disbursement in their annual report now required by law. { 2, ch. 633, 18TO. RELIEF OP THE fOOR. 18] He shall also ascertain daily, so far as possible, the wants and condition of all patients in said asylum, and prescribe their treatment in the manner directed in the by-laws. He shall, from time to time, give such orders and instruc- tions as he may deefti best calculated to insure good con- duct, fidelity and economy in every department, and he is authorized and ei^jpowered to maintain salutary dis-' cipline among all who are employed in the asylum, and to enforce strict compliance with such instructions, and uniform obedience to all the rules and regulations of the asylum. He shall further cause full and fair accounts and records of all his doings as such warden, and the business and operations of the asylum, to be properly kept in books provided for that purpose, whicn books shall at all times be open to the inspection of the trustees or board of supervisors, or any committee of said board appointed to examine the same. The said warden shall, by and with the advic^ and consent of said trustees, or a majority of them, appoint all subordinate oflScers of the asylum, the number of such ofiicers to be fixed and de- termined by the by-laws of the asylum. § 4, ph. 82, 1863. § 615. The warden, under the direction of the trustees, wardenand or a majority of them, shall m|ke all purchases for said •'•^*"''^°- asylum. He shall . preserve and keep the original bills and receipts, with full copies of all orders drawn by him, make all contracts, in the official name of the trustees, with attendants ^nd assistant?, keep and settle their ac- counts, and shall also keep a just and true account of all Expenses for the support of patients, incurred in their behalf, and he shall be strictly accountable for the careful keeping and economical use of all furniture, stores iand provisions provided for said asylum, and during the third week in Septeniber of each and every year make and file with the trustees a full and perfect inventory of all the property belonging to the asylum in and about the prem- ises, with an appraisal thereof made under oath by him- self and some discreet householder of the county of Monroe who shall be chosen, by the trustees for that pur- pose, whicli inventory and appraisal, together with his annual report, shall be presented to the board of super- visors on or before the second Tuesday of October there- after. § 6, same ch. § 616. The board of supervisors of the said county shall snperviaora have power, at any annual meeting after this act takes ^"^ effect, and it shall be their duty, to cause such tax to be see ante, levied and collected on the taxable property of the county ^ ®^^' "*"®' as will, in their judgment, be sufficient to defray, all ex- penses of the asylutodjiring the next ensuing' year, which tax, when so levied and collected, shall be paid to the treasurer of said county and placed to the credit of the Monroe county insane asylum, in a book kept for that 182 REI^IEF OF THE POOR. Warden may con- tract for support of insane persons. Warden may de- mand cer- tain in- mates ftom state asy- lum. Eestrlc- tlons as to admission of inmates Into state asylam. Overseer of Rochester. Mayor and aldermen of Rochester purpose, and such moneys, so collected and paid to said treasurer as aforesaid, shall be used for the support and care of the insane in said county, and for no other pur- pose whatever. Said moneys may be drawn by the war- den upon his order, from time to timci as the same may be needed for the use of the aaylum. ^6, ch. 82, 1863. § 617. The said warden shall have full power to enter into contract with any individual of said county, or any town thereof, or with the city of Rochester in said county, for the support and treatment of any insane person at said asylum, upon such terms as he may deem just, and such contract, when so made, shall be legal and binding upon the respective parties,; the payments on such con- tracts to be made to the said warden, who shall render a full and true account annually to said board of supervi- sors of all moneys so received, and also the number and nature of all such contracts and with whom made. § 7, same ch. § 618. The warden of said asylfim, by the direction of the board of supervisors of said county, or by the direc- tion of the trustees of said asylum, shall have power to demand and receive from the state lunatic asylum any and all persons who now are, or who shall become charge- able hereafter to said cotmty, or to any town or city in said county, and the managei-s of said state lunatic asy- lum shall, on demand as aforesaid, surrender up to said Monroe county insane asylum any and all persons who, at the time of making such demand, shall in any wise be chargeable to said county of Monroe, or any town or city in said county. § 8, same ch. § 619. No insane person or lunatic residing in the county of Monroe, being, in indigent circumstances, and whose maintenance or support shall be chai-geable, or likely to become chargeable, to said county or any town or city in said county, sliall hereafter be admitted into thesaid state lunatic asylum upon the order of any court, _justice, judge, or upon the authenticated certificate of the judge of said county of Monroe, unless such order or cer- tificate be accompanied by the written consent or ap- proval of the trustees of said Monroe county asylum, or the chairman of the board of supervisors of said county. § 9, same ch. § 620. The common council of the city of Eochester shall, annually, or as often as a vacancy exists, appoint by ballot one overseer of poor. Part of § 8, ch. 143, 1861 ; as amended by § 7, ch. 553, 1865, and by § 1, ch. 699, 1866. § 621. The mayor and aldermen of the said city (of Rochester), by virtue of their offices, shall be overseers RELIEF OF THE POOR. 183 of the poor for^ the said feity, and shall possess all the to be over- powers and authority of overseers of the poor in the sev- |nt""s elof eral towns in this tetate, in relation to the sapport ^nd -rhek relief of indigent 'persons, the binding but or children p°^^^J who shall BoHoit almSj or who, or whose parents, ihkU *°™° " become chargeable to the said city or to thei county of Monroe, in the said city-; the safe keeping and care of lunatics; the care of habitual drunkards; the bind- ing out and eofitracting for the service of disorderly persons; the sTipport of bastards, and proceedings ;to chairge the fathers and mothers of such bastards ; and all such other powers as are coriferred on overseers of 'thfe poor in the respective towns, and shall be subject to the same duties, obligations and liaibilities. § '23^, ch. 143,1861. ' - ■ § 622. Until provisions shall otherwise be ina^e, as Poor, how hereinafter authorized, the indigent pereons, and such ™pp°''® • others as shall be entitled to relief Under the laws of 'lihis' state, who are or shall become chargeable, or likely to become chargea:ble, to the said city, 'being in the said city, shall continue to be supported and relieved in the man- ner provided by law in reSgect to the couhty of Monroe. §233, same ch. § 623. Whenever the common council shall deei!a it AimshonBe. expedient, they may cause an 'Almshouse to be 'erected, in the said eityj being 'authoria^d thereto as herein prbvrdfed, and may appoint as nl'any commissioners to take charge thereof as tfiey 'shall judge necessary, and may raise ' the expense of the maintaining of the almshouse by a tax or taxes on the real estate within the said eity, and 6ii 'the peMonal 'property of residents therein, in same manffer'as hereinbefore ' provided in respect to taXes' for the general expenses of the said city: And the same proceedings for that purpose shall be had in all respects. § 234, same eh. ' ' . ' ■ § 624. The common council niay appoint such other v>. ofiScers and servants for the government and management of the said almshouse as they shall deem hecessiary,. and they, together with the said commissioners, shall hold their appointment during the pleasure of the common' council; and the common' council shall make sufeh regii- lations as they think necessary fdrthe government, man-' agement, support and good order of the said almshouse, its tenants, officers, keepers and servants. § 235, same ch. § 62.5. The common council may cause such labor in.ib. tocansa manufactures, or otherwise, to be performed by the ten- iSf ° ants of such almshouse as they shall prescribe, and may provide the materials and Implements therefor at the ex- pense of the city, and they may also erect, in the said 184 RELIEF OF THE POOR. When city may borrow money 1o Bnpply deSciencies ID fands. Home for idle and traant chil- dren. Children committed to Rochest- er Home of the Friend- lees. almshouse, proper cells >and rooms for the confinement and care of lunatics and idiots, and other persons confined therein, and may provide for them, and for the care of such lunatics, and may contract with the supervisors of the county of Monroe, and with any other person, for the support and care, and medical and surgical attendance of any lunatics, idiots, insane, sick, diseased or maimed per- sons. § 236, ch. 143, 1861. .§ 626. For the purpose of paying such expenses the common council may raise annually a sum not exceeding thirty thousand dollars, for the support and relief of the poor of said city. In case the sum above mentioned shall prove insuflBcient for the purpose for which the same was raised, then the common council shall have power in the month of January in each year, by a vote of three-quar- ters of all the members elected, Subject to the approval of the mayor, to provide for borrowing, upon the credit of the city, so much money as may be deemed necessaty to supply such deficiency ; and the amount so borrowed shall be assessed and collected as part of the city taxes of the ensuing year, in addition to the other sums above provided for. Part of § 86, ch. 143, 1861 ; as amended by ch. 132, 1862, ch. 653, 1866, and by § 7, ch. 699, 1866. § 627. The managers of the house for idle and truant children in said city shall report to the common council, at its first meeting in January in each year, the estimated expenses of such institution for tlie ensuing year. And the expenses of providing and maintaining such institu- tion for the reception, clothing, support and instruction of Buad children, shall be raised and defrayed by the com- mon council in the same manner as charges for the sup- port of the poor of said city. § 9, ch. 699, 1866. § 628. Whenever any child under the age of fourteen years shall have been committed to the care and custody of the Rochester Home for the Friendless, a corporation incorporated in the year eighteen hundred and nfty-five, under and by virtue of the act entitled " An act for the incorporation of benevolent, charitable and scientific and missionary societies," passed April twelfth, eighteen hun- dred and forty-eight, or to the managers thereof, as such, by either parent of such child, or by any superintendent or overseer of the poor, it shall be lawful for said corpo- ration to bind out such child to some suitable employ- ment until such child shall attain the age of twpnty-one years, if a male, and until such child shall attain the age of eighteen years, if a female ; which binding shall be as effectual as if such child had bound itself with the con- sent of its parents or guardians. § 1, ch. 186, 1857 ; aa amended by ch. 312, 1858. RELIEF OF THE POOR. 185 § 629. The provisions of sections eight, nine and ten, statutes of article first, of title fonrth, of chapter eighth, of part °p"»"^«- second of the Revised Statutes, shall apply to all cases of binding under this act. ' § 2j ch. 186,'185'7. § 630. Every child committed to the house provided by Hie and the city of Rochester for the reception of idle and truant drea'in*'" children, under the third section of the act entitled " An Kochcster. act to provide for the care and instruction of idle and truant children," passed April twelfth, eighteen hundred and fifty-three [chap. 185, 1853] shall be kept in such place until such child shall arrive at the age of seventeen years ; provided, nevertheless, that the managers of said house may and shall have the power to discharge such child at any time, and may also bind' such child out as a clerk, apprentice or servant, in the same manner, for the same periods, and subject to the same provisions in all respects, as are contained in the first article and fourth title of the eighth chapter and second part of the Revised Statutes, with respect to children whose parents have become chargeable on any city or town ; and the mana- gers, in proper case made, shall have power, and it, shall be their duty, to discharge-truant children committed to said institution. § 1, ch. 393, 1868. § 631. When a child shall be surirendered to the care Rochester and custody of the said society [The Roman Catholic cuidren, Orphan Asylum society of i the city of Rochester] by the b^d*o^ parent or guardian of such child,' the trustees may bind byorpiiflii out such child, being of full age of eight years, to some "^ suitable employment, in the same manner as overseers of the poor are authorized to bind out poor and indi- gent children, but provision shall be inserted in the indentures of said child for securing an education suit- able for such child. In ease of the death of the father of The mothei any destitute child, the mother shall be the guardian of guardian. ' said child for the purpose of surrendering the said child to the care and custody of the trustees of said corpora: tion, and in case of the death of both parents, the mayor of the city of Rochester shall be, ex officio, the guardian of said child, for the purpose of enabling said trustees to bind out said child. Ch, 389, 1849. § 632. "When a child shall be surrendered to the care indigent arid custody of the said society [The St. Joseph German may he" Roman Catholic Orphan Asylum society of Rochester by"German and Monroe county, for the moral and scientific educ^^ cathoUc • tion of orphan land half-orphan children. Part of § 1, "'^ ""■ ch. 205, as amended by ch. 198, 1869] by the parent or guardian of such child, the trustees may bind out such child to some suitable employment in the same manner as overseers of the poor are authorized to bind out poor 24 186 RELIEF OF THE POOE. Perm. Oommon coancil may isane bonds for debt OS aci- count of Tolunteera. Duty of common council. and indigent children, but provision shall be inserted in the indenture of said child for securing an education suitable for such child. In case of the death of the father of any destitute child, the mother shall be the guardian of said child, for 1;he purpose of surrendering the said child to the care and custody of the board of trustees of said corporation ; and in case of the death of both parents, the mayor of the city of Rochester or the superintendent of the poor of Monroe county shall be, ex oiBcio, the guardian of said child, for the purpose of en- abling said managers to bind out said child. Children intrusted to this, corporation by the voluntary act of their parents or guardians sJiall be deemed to be in the lawful charge and custody of said corporation, and such sur- render shall be evidenced, by writing, in form substan- tially as follows : I, N". N., father (mother or guardian) of B. C, aged years, born in do hereby surrender and intrust to the St. Joseph's G. R. C. Orphan Asylum society of Rochester and .Monroe county, for the period of years, the entire charge, management and control of the said B. C, and do hereby assign to and invest the said corpo- ration with the same potvvers and control over the said B. C. as those of which I am possessed. In presence of . § 6, ch. '205, 1863. § -633. The common council of said city may issue the bonds or obligations of the said city to an amount not exceeding the sum of one hundred thousand dollars, to be a part of the funded debt of said city, executed under tile corporate seal thereof and signed by the mayor and clerk thereof, or such other officer as the common council shall designate, payable to the holder or bearer at such time, not more than twenty years after their date, as the common council shall designate, with interest payable semi-annually at a I'ate not greater than seven per cent per annum, for an amount sufficient to, and which bonds or obligations shall be used or negotiated by said com- mon council for the purpose of paying the indebtedness of said city incurred under or by virtue of the provisions of chapter five hundred and fourteen of the laws of the State of New York for the year eighteen hundred and sixty-three, passed May seventeenth, one thousand eight hundred and sixty-three, as such indebtedness shall exist on the first day of April, in the year eighteen Imndred and sixty-four. Part of § 269, ch. 143, 1861, as amended by § 6, ch. 64, 1864, and by § 19, ch. 553, 1865. RELIEF OF THE POOR. 187 CHAP. XXVI, EBLATING TO MONKOB AND NIAGAEA COUNTIES. Section 634. Disposition of certain fines and penalties in counties of Monroe and Niagara. 635. Justices of the peace to malie annual report to super- visors. 636. Eeport to be verified. 637. Eefusal or neglect to report, as required in section 634, a misdemeanor. 638. District attorneys of Monroe and Niagara counties. to prosecute for violation of tliis act. 639. Inconsistent acts repealed. § 634. It shall be the duty of the justices of the peace Fines and of the counties of Monroe and Niagara, and they are Jfonroe * ™ iereby required, to pay over to the counifey treasurers of ana Niagara their respective counties all fines imposed and received ''°'"' '**' by them in their olficial capacity, within thirty days after the receipt thereof, except such fines as are now provided by law to be paid over to the overseers of the poor ; all such fines paid to the treasurer of the county of Niagara shall be for the use of said county, and all such fines paid to the treasurer of the county of Monroe shall be by him credited to the several towns from which said fines were paid, and said treasurer shall pay over to the overseers of the poor of the several towns of Monroe county the amount of such fines received by- him from said towns respectively for the use of the poor of such towns. § 1, ch. 337, 1860 ; as amended by ch. 215, 1863. § 635. It shall be the duty of such justices to make an Tomake annual report to the boards of supervisors of their respect- Jeport. ive counties, at the first annual meeting of such boards, after the passage of this act, and at every subsequent an- nual meeting, within ten days after the first day of said meeting. § 2, ch. 337, 1860. § 636. Such report shall be verified by the oath or Report to affirmation of the justice making the same, and shall con- by oaS*^ tain a full and true statement of all the fines imposed and received by him, in his official capacity, during the year next preceding the date of such report ; and accompany- ing such report shall be presented, also, a receipt from the county treasurer for the amount of fines so reported. § 3, same ch. § 637. Every officer named in the fii-st section (section Hemsai or 634) of this act, who shall neglect or refuse to report, as ?|firt*do° aforesaid, within ten days from the first da,y of the annual cia«da 188 RELIEF OF THE POOR. meanor Datiee of district attorneyv. Repeal. meeting of Baid board, shall be deemed guilty of a mis- demeanor, and shall be punishable by and before any court of competent jurisdiction, by a fine of not less than twenty-five nor more than one hundred dollars ; and such court may,, in its discretion, order the defendant ^ to be imprisoned until such fine, together with the costs of the proceedings before said court, shall be paid, § 4, ch. 337, 1860. § 688. The district attorneys of the said counties of Mon- roe and Niagara are hereby authorized, and it shall be their duty, to prosecute to judgment all delinqjuents for any violation of the provisions of this act, in any court having jurisdiction ; and all moneys by them recovered for a violation of this act shall be paid to the county treasurer of their respective counties, to be by the board of supervisors appropriated to the support of the poor of such county. § 5, same ch. § 639. All acts and parts of acts inconsistent with the provisions of this act are hereby repealed. § 6, same ch. CHAP. XXVII. MONTGOMERY COUNTY. Section 640. Appointijient of overseer of poor in Montgomery county, how made In May, lS63. 641. Overseers to be elected in 1864, arid every two years thereafter. 642. Powers and duties of overseers. 643. When justice of peace to act as overseer. 644. Overseer to present at annual town meeting an estimate of sums needed for temporary relief for the ensoing year, &c. 645. Such overseer to keep book of entries of all persons applying to him for relief, and to make annual report thereof, &c. 646. Accounts to be audited by town auditors. 647. When overseers to send persons to county poor-house, and when the keeping such persons there a county charge. 648. Pay to overseers ; overseers to execute bonds and to re port to the superintendent annually. 649. County poor expenses to be audited by the board of super- visors. 650. Repeal of fifth section of chap. 137, 1844. 651. Supervisors may sell county poor-houee farm. 652. Contract with keeper of poor-house confirmed. 653. Duty of supervisor as to resident paupers. RELIEF OF THE POOR. 189 Sbction 654 Overseers to contract for support of paupers. 655. Overseer to keep book of contracts and make abstract annuaUj. 656. Overseer to keep book to enter name and ciicumstaQces of paupers. 657. Charges for local and transient poor to be a town charge of the town in which the relief shall be granted. 658. Compensation of overseers. 659. Keeper of poor-house abolished ; county superintendent created ; how elected ; his powers, duties and com- , pensation. 660. Lunatics to be supported at county expensa ,661. Excise commissioners- to pay over certain amount of moneys to overseers. 663. Duty of overseers in respect to such moneys. 663. Name and circumstance of persons receiving temporary relief, overseer to render report. '§ 640. The supervisors, town clerk, and at least three Appoint- of the justices of the ]peaoe of each of the several to-n^ns overaee' of in the county of Montgomery, shall, on the fir^t Tjiesday ^"'luSV in May next, assemble at the place whpre the last town inMay.iaea meeting was held, in their respective towns, and appoint one overseer of the poor for such town-, who shall hold his office, and discharge the duties hereinafter devolved upon him, until the next annual town meeting to be held in the several towns in said county, and no longer. 8 1, ch. 42, 1863.^ § 641. At the annual town meeting to be held in the Election oj several towns in said county in the year eighteen hundred isMTn"" and sixty-four, and every two years thereatter, there shall ^g^ra there- be elected, in each of the said several tbwhs, one overseer after. of the poor of. the town, who shall hold his office for two years. § 2, same ch. § 642. The powers and duties heretofore conferred Duty of upon and exercised by the supervisors of the respective."'"""'" towns in said county of Montgomery, so far as relates to the adjudication in relation to and the relief and support of the poor, are • hereby conferred upon the' overseers of the poor of the respective towns in said county, to be ap- pointed and chosen as provided in the first and second sections of this act, and it shall be the duty of the over- seer of the poor of each town in said county to exercise the power and discharge the duties aforesaid, and here- after no other person or officer .Shall in any manner or way exercise such power or discharge such duties, § 3, same ch. • An act in relation to the support of the poor in tie several towns of the county of Montgomery, passed March 23d, 1863. By the proTisions of thtR act chapter 366 entitled "An act relative to the office of justice of the peace and overseers of the poor in the connty of Montgomery," passed April 29, 1839, has been superseded. overseers. 190 RELIEF or THE POOR. When jne- § 643. In case of the absence of the overseer of the ticetoact. p^^^ g,^^ ^l^g ^^^^ ^^ which he is a resident, or of his inability to serve, or in case of a vacancy in said office, the powers and duties aforesaid shall be exercised and discharged by any justice of the peace of such town. § 4, ch. 42, 1863. Moneys to § 644. It shall be the duty of the overseer of the poor raifed!"*"^ of each town in said county, at every annual town meet- ing to be held therein, to present to the electors then assembled, an estimate of the sums needed to be expendcfd for temporary relief of the poor of such town, for the en- suing year, and a statement of all deficiencies which may then exist, of the previous year, which sums shall be voted upon by the electors of such town, and the sum so voted shall be raised by the supervisors of such town, as other town expenses are raised, and paid over to the overseer of the poor of such town, to be by him expended for the temporary relief of the poor of such town. § 5, same ch. overeeer to § 646. It shall be the duty of the overseer of the poor keep book, ^f Qa,(>h town in said county to enter, in a book, 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 appli- cation ; and his decision in each case, whether sent to the poor-house, temporarily relieved or application refused^ together with an account of all suras 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 ; which book shall at all times be open to the inspection of any taxable inhabitant of the town. He shall afeo, at the annual town meeting in his town, make and publish to the electors of said town a report and . statement of all relief by him granted, to whom granted, and the amount granted to eacn person., § 6, same ch. OTO-Mereto § ^*^- '^^^ ^^^^ overseers of the poor shall, at the time be audited, when otlier town accounts are audited, present to the board of town auditors of their respective towng an ac- count of all moneys received by them, and how expended, and the said board of town auditors shall audit and allow the same, in tlie manner now required by law, as other town expenses are audited and allowed, and all expenses for temporary or permanent relief for the poor of the several towns, furnished by such overseer, \vhether resi- dent or transient, shall be a charge on the town where the overseer of the poor granting such relief resides, and iu which such expenses have accrued. § 7, same ch. When § 647. It shall be the duty of the overseers of the poor expense a ^f ^^^ several towns in said county, when in their judg- RELIEF OF THE POOR. 191 ment it shall seem proper, to send any person applying county for relief to the poor-holise in said county, and in that ''""^e- event the expenses of keeping^ and maintaining such per- son shall be a charge upon the county, to be audited, allowed and paid as other county expenses are audited, allowed and paid. § 8, ch. 42, 1863. § 648. The overseers of the poor of the several towns Payor in said county shall receive for their services at the rate of one dollar and fifty cents for each day actually and necessarily spent in the discharge of their duties, but the whole sum to be received by them in, any one year, for g^^^chfesif such serviceSj shall not exceeid in amount the sum of one i§|^p^®.* S hundred dollars: They' shall also, within ten days after ' their election, or of their appointment, execute to the super- visor of their several towns a bond, with sufficient sure- ^^^^^ ^j^^ ties, to be approved by such supervisor, in the penal sum sureties, to of one thousand dollars, conditioned for the faithful dis- ^" ^'*°" charge of their duties and for the faithful accounting of all moneys received and expended by them. And they fehallalso make a report to the superintendent of the f»oorj Report to and keeper of the poor-house, between the first and tenth ^®^*^®- days of December. § 9, same eh: ; * as modified by § 7, ch. 681, 1866. § 649. The county poor expenses shall hereafter, be Audit of audited by the board of supervisors in the same manner ex^nses. as other county expenses are audited." § 13, chi 42, 1863, and,§2,ch. 201, 1853. § .650. The fifth section of the act [ch. 137] passed the Eepeai. eighth day of April, eighteen hundred and forty-four, entitled "An act in relation to the support of the poor in the county of Montgomery," Is hereby repealed. §1, ch. 201, 1853. § 651. The board of supervisors of the county of Mont- Montgom- gomery (more than half the full number elected concur- ISpenJisofs • Section 1, ch,137, 1844, entitled "An act in relation to the support of the poor in the bounty of Montgomery," is superseded by § 8, ch. 681, 1866. Section 8, cii. 681, 1866, abolishing the oiHce of keeper of the poor-house id and for the county of Montgomery, in effect repeals $ 2, ch. 137, 1844, conferring upon the board of supervisors the power of appointing such keeper and prescribing his powers and duties.. Said S 8, ch. 6^1, 1866, also, in effect, repeals, § 3, chk 137. 1844. Sections 10, 11 and 12, ch. 42, 18(i3, are inconsistent with § 8, ch. 681, 1866, and, in effect, repealed' by-said section, except so much at saitt 'i 11 of ch. 42, 1869, afe provides for the prosecution of the bond given under said section by the k^per of the poor- house, which last mentioned 6e€tion is as follows, viz. : S 11. Said keeper shall, before he enters upon the duties of his offlcfe, execute to the treasurer of said county a bond,' in the penal sum of ten thousand dollars, with two or more Sufficient sureties, to be approved i>y such treasurer, conditioned for the faithful performance of the duties of his office, and the proper application of thesnoneys mat may cornel into his hands by virtue of this act; ihd, in case of default in any of the conditions of hi; said .bond, the office of said keeper shall thereby be forfeited; and the said treafsiirer is hereby authorized and required to proBccate the said bond to judgment and execution, and all moneys arising there- from shall be paid into the county treasury for the support of the poor of said county, k By S 2, ch. 188, 1869, the Montgomery county supervisors are, prohibited .from auditing any accounts for the relief of the poor, except for chronic and incurable insane poor persons. Proviso?. 192 RELIEF OF THE POOR. may sell ring), are hereby anttorized and empowered to sell and Fam'aSd" convey the poor-house farm and property, in whole or in property, p^^, and to grant proper deeds of conveyance, and to reinvest the avails thereof in a new site and biiOdings for the same purpose at anjr point in said (jdunty where a majority of said supervisors elected shall designate, in writing ; provided that said sale of the present site shall be made within one year from the passage of this act ; and provided further, that the question of said sale shall be acted upon and passed upon at a regular and full meet- ing of said board, and the deed of sale to be signed by at least six members of said board; and provided further, that before said board shall act thereon, notice of the in- tended action upon said subject shall be duly published in at least two public newspapers of said county at least three weeks prior to the meeting of said board. § 1, eh. 278, 1860. Contract § 652. The contract of the board of supervisors of Mont- of poor-"^*' gomery county, entered into with the keeper of the poor- house, &c., hou6e on the thirteenth day of January, eighteen hundred confirmed. ^^^ sixty-six, for the support of the paupers in said poo^ house, and the sale of the Montgonaery county poor-house farm to Peter Nellis, is hereby ratified and confirmed. § 1, ch. 681, 1866. Duty of § 653. It shall be the duty of the board of supervisors ore a"to' to meet on the first Tuesday of December, eighteen hun- reswent dred and sixty-six, and to determine, and set apart, by paupers, jj^me, each pauper who shall be allotted to the tovjn of which such pauper was a resident at the time when sent to the poor-house. After disposing of such resident pau- pers, the said board shall distribute the transients, or pau- pers at large among the several towns, upon th6 basis of population. It shall be the duty of the overseers of the poor of the several towns to take charge of the paupers so allotted to their respective towns, on the thirteenth day of January, eighteen hundred and sixty-seven, and each town shall be held responsible to the county for the faithful performance thereof^ § 2, same ch. OTcrseers § 654. The overseors of the poor of the several towns "otake^"'" are hereby required to contract with some responsible provide''f" r P^rsou or pcrsoffs for the maintenance of such paupers so mainteu- allotted to their respective towns, by the week or other- paupers, wise, and it shall be his further duty to see that all such paupers are properly maintained and provided for, and to provide in like manner for all persons who may become a permanent town charge, and to grant temporary relief to such poor and indigent persons as may be in his town. § 3, same ch. RELIEF OF THE POOR. 198 I 665. It shall be tlip duty of the overseer of the poor Book of of each town to enter in a book kept for that purpose, '"'°°"° '• the names of all peMsons with whom he shall make con- Abstract oi tracts, and the amount thereof, and he shall, on or before entries. • the annual meeting o"f the board of town auditors, in each year, make and filfe with the town clerk, for the use of the auditing board, a full and complete abstract of such entries ; show the full indebtedness of said town, incurred for the purpose herein .contained ; gind the said board of town auditors are forbidden to audit or allow any such account unless a bill in items shall be presented to the board, subscribed and sworn to by the party claiming the same. § 4, ch. 681, 1866. § 656. It' shall be the duty of. the overseers of the poor book con- to provide a book in which he shall enter the date of n*ame°^age, relief, name, age, birth-place, dismissal, death, and cause *»•• of of indigency of all persons supported by the town ; also, p*°''°'''' to make an entry of date, name, age, occupation, birth- place and cause of indigency of all persons otherwise re- lieved. The said books at all times shall be open to the inspection of the inhabitants of the town. § 5, same- ch. . § 657. All charges for the support of the poor in said charges for county, whether local or transient, except for chronic and {JaSifent incurable insane persons, shall be paid by the towns where g°%*° the relief is granted, and the board of supervisors are pro- charges.' hibited from auditing any accounts for the relief of the poor, except such insane persons. § 2, ch. 138, 1869;" § 658. The overseers of the poor of the several towns Pay oi in said county shall receive for services under this act, as of the'poor. compensation, one dollar and fifty cents a day, not ex- ceeding one hundred dollars for all services, in any one year. § 7, ch. 681, 1866. § 659. The oflSce of keeper of the poor-house in and for kMper°for said county is'hereby abolished,, from and after the first Pb°J[;^°a* day of January, eighteen hundred and sixty-seven. And therd shall hereafter be elected in the county of Mont- county gomery, one county superintendent of the poor, who tSa|^t' shall hold his office for the term of three years, and shall term of' exercise all the powers and discharge all tlie duties now °*^''*' **" conferred by law upon county superintendents of the !oor, and not inconsistent with the provisions of this act. he first election of such officer shall take place oa the Tuesday next after the first Monday in . NovembeBi. Election of. eighteen hundred and sixty-six, and shall enter upon the duties of his oflice on the first day of January, eighteen hundred and sixty-seven. Such officer shall be entitled to receive a per diem allowance of three dollarS) andJ three • Section 6, ch. 681, 1866, repealed by { 1, ch. 188, 1869; ' 25 194 Pay of, &c. Lnnatice. See ante, S5B7. Excise com misslonerB to pay to overeeerB. Duty of overseerp in respect to excise moneys. Amonnt for temporaiy rcBef to be entered in a boolc. See ch. 681, 1866 and ch. 43, 1868. RELIEF OF THE POOR. cents per mile, each way, for travel fees, for all the time necessarily spent and distance traveled m the discharge of any of the duties of his office, not exceeding in any one year the sura of three hundred dollars, and nothing more shall be allowed him in any case whatever. He shall make out a bill in items of -the services rendered and dis- tances traveled from time to time, with dates thereto, in the discharge of his official duties, subscribed and sworn to by him, and such bill shall be 'audited by the board of supervisors as a county charge ; but nothing herein con- tamed shall prevent such board from inquiring into the charges and reducing the same, in case any extravagancies shall appear. § 8, ch. 681, 1866. § 660. All persons laboring under incurable lunacy or insanity, that are now or may hereafter become a public" charge, shall be supported at the expense of the county, and the board of supervisors shall provide for their sup- port within the state asylum for indigent insane, or in such other manner as the board of supervisors or the laws of the state may {)re8cribe. § 8, same ch. § 661. The board of commissioners of excise of the county, of Montgomery shall, after deducting for the New York'state inebriate asylum ten per cent of the moneys collected by them, according to the provisions of the act entitled " Xn act to suppress intemperance and to regu- late the sale of intoxicating liquors," passed April six- teenth, eighteen hundred and fifty-seven, and within twenty days after the receipt of such moneys by them, pay to the overseers of the poor of each town in the said county bf Montgomery, an amount of said excise moneys equal to the sum contributed by such town, for licenses, penalties and forfeiture. § 1, ch. 927, 1867. § 662. The overseers of the poor of the respective towns in said county of Montgomery shall apply the moneys mentioned in the first section of this act to the support of the poor of said towns, and shall each year render, on oath, a just and true statement of receipts and disbursements of said moneys to the boards of town auditors of said towns respectively. § 2, same ch. § 663. All temporary relief shall hereafter be granted by the overseer of the poor' of the town in which such applicant resides; and such overseer of the poor* shall keep a book in which he shall enter the name of every person who shall apply for temporary relief, the date and the result of each application, the articles furnished (it any), and to what amount ; and all such temporary relief furnished to any such indigent person or persons, in- • "SnperTieorB" struck out, and "OTerseer of tlie poor" Bubstitttted la place tliereof. I RELIEF OF THE POOR. 195 eluding the pay of the overseer of the poor," physician, etc., snail be a town charge upoii the town of which the person relieved, is a resident ; and such overseer of the poor * shall keep a correct account and report the same to the board of town auditors, in writing, at their annual meeting next preceding the annual town meeting in such town, in which report he shall set forth in detail, as above, all his doings in the premi'Ses for the preceding year ; and said board of town auditors shall audit the same and keep an account thereof as said board is now required by law to do of other town expenses; and the said afeeounts as audited shall be levied, collected and paid in the same manner as other town expenses are ndw levied, collected and paid ; and said report shall be filed with the town clerk, and by him publicly read to the people imme- diately after opening the polls at the annual town meet- ing; and all temporary relief furnished to transient indigent persons by the respective overseers of the poor. * Each overseer of the poor" furnishing such relief shall keep and render a correct account in detail of the same to the board of auditors of county poor expenses, on the first day of their annual meeting, to be audited and paid in the same manner as other county poor expenses are required - to be paid. § 4, ch. 137, 1844 ; as modified by ch. 421, 1863." * " Saperrisor" strack out, and '' overseer of the poor " sabstltutcd in place thereof. <> By { 2, ch. 136, 1869, all charges for the support of the poor in the connty of Montgomery, czc^t for chronic and incurable insane persons, shall be paid by the town where the relief is granted. See ante, J 657. CHAP. XXVIII. NEW YORK COUNTY. TITLE ONE. Relating to the Department of Public Charities, and to certain other matters pertaining thereto, in New York. Sections 664-723. TITLE TWO. Relating to certain benevolent societies and institutions in New York. Sections 724-882. » "Supervior". struck out, and "overseer of. the poor" substituted in place thereof. •• By 5 2, ch. 138, 1869, all charges for the support of the poor In the county ot Mont- gomery, except for chronic and incurable insane persons, shall be paid by the town where the relief is granted. See ante, { 657. 196 RELIEF OF THE POOR. TITLE ONE. BELATING TO THE DEPAKTMENT OF PUBLIC CHAKITIES, AND TO CEETAIN OTHER MATTEKS PEETAINING , THERETO, IN WEW TOKK. SxcnoH 664. Creation of department fit pnblic charities and correction in Nev York: cbief o£9o«s of snch department to be Ave commlssioneis; reports to be made. 865. Commissioners, how appointed, their term, oath of ofBce and official bonds ; vacancies in office, how to be supplied. 666. They to constitute board of control over the department, and miObrit; of thein to form a quorum ; almshouse department abolished ; ex- penses, how only to be made. 667. Commissioners to have control of institutions formerly under control of governors of almshouse. 668. Commissioners may appoint, remove and define duties of subordi- nates, and possess every power that the governors of almshouse possessed. 669. Comptroller of New York to pay moneys to department: salaries of commissioners, how to be fixed ; no of^cer of department to be in- terested in contracts for supplies, &c. 670. Who may and who may not be detained in workhouse ; disorderly persons committed not to be transferred, except in certain cases, or be discharged before term of commitinent, except upon written order of the committing magistratui 671. Persons confined in workhouse, how to bo employed ; punishment of ' convict or pauper for neglect or refusal to work. 67S. H6ttra of labor ; department grounds to be cultivated ; proceeds to be paid to city chamberlain. 675. Commissioners may keep accounts with paupers of services and profits of labor, and pay balance fbr their services^upon their discharge. 674. Paupers and criminals to be kept separate, 67B. Beqnisltlons of subordinates to be in writing. 676. Ofilcers to report weekly to board of comnlissioners, and commis- sioners quarterly to the New York board of supervisors ; what such reports to contain. 677. Certain paupers in almshouse to be set to work dally. 678. Children In charge of the nurseries to be provided with suitable em- ployment. 679.- Board of commissioners may make rules and by-laws. 680. May enlarge or Improve buildings under their charge, and have power • to lay out potters field, build vaults, &c. 681. Such board, or any one commissioner, may bind out children. 683. Such board to make annual report to board of supervtsors of New . York county and to legislature ; what such reports to contain. 688. Money to be raised annually by board of supervisors. 684. Supervisors to appoint, annually, committee to visit department and report to governor of the state; power of governor to remove com- missioner for misconduct in office. 686. Board of commissioners to appoint an attorney annually to the de- partment ; duties of such attorney and his compensation, how fixed. 686. So much of { 26, ch. 446 of 1867, as relates to almshouse department repealed. 687. How chapter BIO of 1860 to be construed with reference to other acts that are not inconsistent with such chapter. 688. CommlsBioners of pnblic charities may purchase additional plat of f round for a pnblic cemetery, and havecnetody of the same; the Itle thereto to be taken in name of the city. 889. City cemetery stock authorized. 690. Comptroller to issue such stock and offer for sale to the highest bid- der, but at not less than par value. 691. Proceeds of such stock to be received from comptroller by city cham- berlain, who Is to pay over same to commissioners. 695. Board of superrisors to raise money to pay principal and interest of such stock. 698. Craimissioners of public charities to provide suitable rooms to New York, south of Canal etreet, for reception of sick and wounded. 694. Magistrates to New York to commit orphan and fHendless children to the care of " The Shepherd's Fold of the Protestant Episcopal Church in the state of How York." 696. Commissioners of pnblic charities may transfer certain orphan chil- dren to the care of such Shepherd's Fold. RELIEF OF THE POOR. 197 SxoTioN 696. Buob commUeioners aQthorized to maintain on Hart'B Island an in- dnetrial ecliool, and to commit children nnder their care to anih echool. , 697. Hart's Island to be nnder control of ench commissioners, and how it ° may be used by them. 698. Sdch commissioners to bnild an asylnm Ibr inebriates and to appoint surgeons and other officers of said asylnm ; to employ snch physi- cians and assistants as may be necessary, and to fix their compen- sation. 699. Mode of providing for expenses for erecting and maintaining snch asylnm ; excise moneys. 700. Commissioners to make all needful rules and regnlations for the gov- ernment of such asylnm. 701. By whom and for what time inebriates may be committed. 703. 703. Proceedings before commitment ; petition before jndge, &c. 704. When warrant of commitment of inebriate to issue, and by whom warrant to be executed ; term of commitment. 705. When inebriates may be temporarily committed. lbs. Estate of inebriate liable for bis support in asylum ; commissioners may bring action to recover for sacn. 707. When persons m^y be transferred from almshouse and workhouse to the inebriate asylum, 708. When inebriates may be discharged before the time of their commit- ment shall have expired ; how and by whom application for such discharge may be made. 709. Causes for which commissionerfi inay discharge persons committed to such qsyium. 710. A workhouse to be established. 711. Who may be committed to such workhouse, and the length of time such' commitment may be made ior^ 712. Superintendent of such workhouse tp be appointed. 718. Support and relief of the poor; the almshouse, Innatie asylnm, inc., to be under control of commissioners. 714. Powers to manage institntions. 716, Persons committed by reason of drunkexmess or ^debauchery, when may be detained and sent to the workhouse. 716. Magistrate in New York, in each case of commitment lor vagrancy, to file in the clerk's office of the general sessions of the peace record of proceedings had. 717. How only person committed for vagrancy can be discharged before the expiration of his term of commitment. 718. Police justice violating provisions of chapter 268, 1855, guilty of a misdemeanor. 719. Inconsistent acts repealed. 720. Uayor, &c., of Kew York directed to create pnblic fhnd or stocks, to hie denominated " City Lunatic Asylnm 7und," and to pledge the faith of the city and county for the redemption of the same> . 721. When comptroller to prepare and issue such stock, and how same to be sold. 732. How proceeds of sale of said stock to be received and paid over. 723. Duty of New York eonnty sopervisors in respect to raising, by tax, interest and principal of such stock. § 664. There is hereby created in the city and county _ of New York, the department of public charities aud cor- of^pubi"*" i-ection. The chief officers thereof shall be [five]* in nura- So^c- ber, and shall be denominated "commissioners of public WoninN.v. charities and correction." § 1, ch. 510,'' 1860, as inodified by § 80, art. 9, ch. IST," 1870. There shall be [besides other commis- departinents, the department of public charities and cor- sioners rection] in said city [of New York.] Part of § 30, art. 4, *''"*°'" ch. 137, 1870. • The said departments shall, at such Jimes as • The word " four " omitted and the word " [live] " substituted in place thereof. ii An act to create In the city and county of New York the department of pnblic charities and correction, and to abolish the almshonse department therein. Passed April 17, 1860 ; three-flfths being present. By section 119 of art. IB, oh. 187, 1870, the terms of office' of the commissioners of {rablic charities and correction expired fifteen days JVom and after the passage of said last.mentioned chapter. ' An act to reorganize the local government of the city of New York. Passed April 5, 1870 ; three-fifths beiog present. 198 RELIEF OF THE POOR. Depart- ments to report to mayor. Head of stich depi^rt- menthowto he com- posed; ap- pointment of commia- Bioners by mayor. Terms of office, and ealaiy. Certificates of appoint- ment to office. Acting mayor to make no appolnt- mentB. Terms of office. Oath of office. Certain officen to give security. the mayor may direct, make to him, in snch form and under such rules as he may prescribe, reports of the operations and action of the same and each of them, and shall always, when required by him, furnish to him such information as he may demand within such time as he may direct. § 31, art. 4, ch. 137," 18Y0. § 665. The department of public charities and correction shall hereafter be composed of and have for its head a board of five persons, which board shall possess all the powere, and discharge all the duties, now conferred upon such department by special larws and by the provisions of chapter five hundred and ten of the laws of eighteen hundred and sixty, and acts and parts of acts amendatory thereto, except as the same are modified or repealed by the provisions of this act. The'said commissioners herein provided for shall be appointed by the mayor for the terms of five years respectively^ and each of said commissioners shall receive the salary" now designated to such office. § 80, art. 9, ch. 137, 1870. Whenever the mayor shall appoint any officer under this act, he shall give to the said officer a certificate of appointment, and therein desig- nate the term for which such officer i as been appointed. § 106, art. 15, ch. 137, 1870. The power of making ap- pointments herein conferred shall only be exercised by the mayor elected to that office, and* not by an acting, mayor, and in the event of the death, resignation, or removal of such elected mayor, such power shall devolve on and be exercised by the comptroller of said city. In case 'of any vacancy in any head of department or chief officer thereof, it snail be filled for the full term in the like manner as if it were an original appointment to such office, except where herein otherwise provided for. § 107, same article. Every person elected or appointed to any office under the city government shall, on or before the first day of January next succeeding such election, or within five days after notice of snch appointment, take and subscribe, before the mayor, or any judge of a court of record, an oath or affirmation faithfully to perform the duties of his office ; which oath or affirmation shall be filed in the office of the mayor. § 108, same article. All officers or other persons, to whom the receipts or expendi- tures of the city, or fees or funds payable into the city treasury, shall be intrusted, shall give sufficient security for the faithful performance of their duty, in such form • By ch. 434, 1870 (see post), the provisions of SJ 114-120 of this code are extended and made applicable to the commissioners of public charities and correction. h Sectton 1, ch. SM, 1870, prestrlbea that the salary o^ the warden of the New York city pneons shall be fixed at $5,000 per annum, and tliat of the physician of such prisons at $3,000 per annum, each commencing January 1st, 1870, and that 2i iSa^f^ ponohue, clerk in the department of pubirc charities and correction, at $3,600. to date from January 1st, 1870. By j 8, ch. 510, 18B0 (see post, i 668), each commissioner is to receive an annual salary of $8,000, and by t « uf said last-men- tioned chapter, as amended by ch. 242, 1866 (see post, § B69), the board of super- visors of New York county are empowered to fix the amount of saUiries at a sum not exceeding ^5,000 for each of said commissioners. RELIEF OF THE POOR. 199 rfnd amount as the comptroller may prescribe, which To be secm-ity shall be annually renewed. § 112, ch. 137, 1870. aXliiy. § 666. The heads of all departments, except as other- Appoint- wise specifically directed herein, shall have power to ap- "^o'a,"'*^, point and remove all chiefs of bureaux (except the cham- cwefs of berlain), as also all clerks, oflicers, employees and snbor- ''™''"' dinates, in their respective departments. The number of all officers, clerks, employees and subordinates in every cierks and department, except the police and fire departments, with Itea' their respective salaries or compensation, shall be such as saiaties. the head of each department shall designate and approve, except that thei aggregate expense thereof shall not exceed the total amount duly appropriated by law to each depart- ment for such purposes. § 32, art. 4, ch. 137, 1870. A majority of a board in any department of the city govern- Qnommof ment shall constitute a quorum to perform any act author- ^°"^''- ized to said department, and each board may choose, in officers of its own pleasure, a president from its members to preside board, at board meetings, and a chief clerk. § 100, iart. 15, ch. 137, 1870. No expense shall be incurred by any of the Department departments, or officers thereof,. whether the object of ex- nof™ex'- penditure shall have been ordered by the common council ceed appro- or not, unless an appropriation shall have been previously ^''* '"""■ made covering such expense. § 101, same art. What- ^,^1^^^^^^^ • ever provisions and regulations, other than those herein conncu may specially authorized, may become requisite for the fuller fionai ordi- organization, perfecting and carrying out of the powers SporaWi- and duties prescribed to any department by this act, they ^1"°^"' shall be provided for by ordinance of the common conn- menta. cil, who are hereby authorized to enact such necessary ordinances ; . except that the common council shall never pass an ordinanceffn relation to regulating the internal aflairs of any of the departments herein authorized, or the workings of any of the bureaus, or the duties of any of the subordinate officers of the corporation, or the num- ber of persons to be eihployed in said department, nor increasing their salaries, except upon the previous appli- cation in writing therefor of the head of the department to be affected by said ordinance." § 102, art. 15, ch. 137, 1870. Each of the commissioners shall receive an annual salary of three thousand dollars. From and after the Son.^™'*" twentieth day of April, one thousand eight hundred and sixty, the almshouse department of the city and Aimshonee county of New York, and the office of governor of the aSSfuS' almshouse, shall bd abolished, and thereupon the books, accounts, vouchers, records, and all property of whatso- ever nature then or theretofore under management or control of, or in the keeping of, the said almshouse'de- partment, or any governor or subordinate thereof, shall « By snbs. 14 and 16 of $ 21, ch. 137, 1870, the common council of New York is j empowered to make ordinance:! and prescribe penalties, in relation to street betr- gars, vagrants, mendicants, intoxication, and lightiug and quarreling in the street's. 200 RELIEF OF THE POOR. be transferred to the keeping and custody of the board of control |0f the department of public charities and cor- rection hereby created, and for the use thereafter of said Property to department ; but the s&id property shall forever remain ^long to and continue the property of the mayor, aldermen and e mayor. (.Qmmoualty of the city of New Tork, subject to the pub- lic uses of said board of control as aforesaid, and for the purposes provided by this act. § 3, ch. 610, 1860. To have ex- § 667. The department hereby created is hereby em- trof'Jf'a'ii'' powered and directed t,o possess and exercise full and institutionB exclusivc powers for the government, management, main- mp form- tcnauce and direction of the several institutions and build- cfcoll)? ii^gs, and premises and property and appurtenances if aimB°" thereto, which; immediately preceding the appointment of houe"" the four commissioners aforesaid, were under control of the board of governors of the almshouse, and especially of the almshouse and work-house, of the nurseries for poor and destitute children, and of the county lunatic asylum, and of the Potters^ field, or other public burial place of the poor and strangers in the city and county of !New York, and especially also of the penitentiary and city prison, and various prisons and houses of detention in said city, which are hereby particularly designated as the institutions of the public correction and charities pro- vided for by this act. But the foi:egoing shall not relate to the house of refuge, nor the juvenile delinquent asylum, nor the house of detention of witnesses, nor the county or sheriff's jaU. § 4, same ch. § 668. The department hereby created is hereby em- powered, by its board of commissioners and of control as aforesaid, to appoint and remove, or by rules provide for appointment or removal of, such suborjj^nate officers as it shall see fit, for the purpose of distributing its said powers of government, management and direction as aforesaid, or as hereinafter provided. The said board may define the respective duties and authority of said'subordiuates, and fix their respective designations of office, and fix their respective compensation. And, until otherwise provided for by said boai'd of commissioners, under the exercise of the power of appointment and removal aforesaid, but no longer, the superintendents, wardens, chaplains, physi- cians, clerks and other subordinates who may be in office or place, over or within the institutions aforesaid, shall remain in office or place, and legally discharge all the duties and fulfill all the powers necessary thereto. And the said commissioners, respectively, and subordinate offi- SSthority^of "^^^ °^' ^^^ ^i be accounted for by the said board of commissioners ; ■which sum shall be in lieu of all, taxes in said county for the relief and support of the poor thereof, and for the support and expenses of the county criminals. § 20, same ch. , § 684. The boaard of sppervisors of the county of New po^er of York shall have power, by committee, to visit and in^- 5°p^^'°^ spect the department hereby crearted, and the institution report to under its control, and report the same to the governor of °^''"""- the state, who shall have power to remove any commis- power of sioner of the said department, against whom charges of romo™com misconduct in office may be established, under the pro- missioaer. visions of law relating to sheriffs. § 21, same ch, § 685, The board of commissioners hereby appointed Attorney to shall, annually, appoint an attorney to the department elanmaUy! hereby created, who shall perform such duties 01 a legal nature as the said department may require, and whose compensation shall be fixed by said board of eommissionr ei-s. § 22, same ch. §•686. So much of seetion twenty-five of an act (chap.*ActofApru M6) entitled " An act to amend the charter of the city ptatof?' '^ of New York," passed April fourteenth, eighteen hun- dred and fif]|y-8even,, as relates to or affects the almshouse department of said dty is hereby repealed. § 23, same ch. ■ Ch. 446, 1867, repealed by 1 120, art^ 16, ch. 137, 1870. 206 How act to be con- Btraed with reference to other acts. Commis- elonere of pablfc chart tie e may pur- chase burial ground for pauper dead Hazimam cost. CuBtody of burial ground. City ceme- tery Btock aatnorized. Comptroller to isBue stock and offer same for Bale to highest bidder. RELIEF OF tHE POOR. § 687. "Wherever, in any act or ordinance not inconsist- ent with the provisions of this act, but applicable ther&= to, the words " almshouse department of the city of Ifew York " shall occur, it shall be taken to meaii and refer to the department hereby created, and in like manner the words " governor or governors of the almshouse " shall be taken to mean the commissioner or commissioners pro- vided for by this act ; and all provisions of law or of ordinances which are' inconsistent with this act are here- by repealed. § 24, ch. 510, 1860. § 688. The commissioners of public charities and cor- rection of the city of New York are hereby authorized to purchase for, and take title to in the name of the corpo- ration of said cily, any plot of ground Vrithin the bound- aries of this state and at a convenient and accessible distance from the upper part of said city, and which plot, in the opinion of said commissioners may be large enough and suitable for a public cemetery or burial ground additional to the plots now used by them for such nur- pose. Provided that the ejcpense of said purchase snail not exceed seventy-five thousand dollars, and the cus- tody and management of said cemetery, or burial ground, shall be held under the provisions of law creating the department of public charities and correction in said city. § 1, ch. 17V 1868. § 689. The mayor, aldermen and commonalty of the city of New York are hereby authorized and directed to create a public fund, or stocK, to be denominated " city cemetery stock," for an amount not exceeding seventy- five thousand dollars, which said stock shall bear date the first day of August, eighteen hundred and sixty-eight, and shall bear interest at and after the rate of seven per centum per annum, payable semi-annually, and be re- deemable on the first day of August, eighteen hundred and eighty-eight. The said mayor, 'aldermen and com- monalty, being hereby authorized and directed to pledge the faith of the city and county, and the same is hereby specifically pledged, for the redemption of the said stock, and the several parts thereof, when the same shall be- come due and I'edeemable, under the provisions of this section, by tax upon the estates, real and personal, in the city of New York, subject to taxation." § 2, same ch. § 690. The comptroller of said city of New York shall, within thirty days after being required in writing by said commissioners so to do, prepare and issue the said stock specified in the preceding section, in an amount to be ' An act to aathorize additionBl fitcUities for the interment of panper dead In tbe city of New York. Faesed AprU U, 1868. RELIEF OF THE POOR. 207 specified by said commissioners, and not exceeding said sum of seventy-five thousand dollars, and offer the same for sale, such offer to be by advertisement, in not less than three newspapers published in the city of Ifew York, of the largest circulation, and continued for not less than twenty days and more than thirty days ; at the expira- tion of which time, said stock shall bS awarded to the highest bidder therefor, and the proceeds thereof shall be Proceeds forthwith deposited with the chamberlain of said city to poBited the credit of the commissioners appointed under this act. Jeriain.*"' The said comptroller shall determine what shall be the amount or value of said stock per share, and of what number of shares the same shajl consist ; but he shall not be authorized to dispose of any of the same at a less rate than its par value. § 3, ch. 177, 1868. § 691. The chamberlain of the city of New York shall »,°ty°j^ receive from said comptroller, as above specified, the pro- beriain. ceeds of said stock, and shall pay over the same in such sums, and to such persons, as said commissioners, or a majority of them, shall direct, in writing. § 4, same ch. § 692. The board of supervisors of the county of New Boaraof York shall cause to be raised by tax, in addition to the tSraili^an- ordinary taxes, yearly and every year; a sum suflicient to tusataxto pay the interest semi-annually upon the stock provided par»nd in- for by this act, and for the payment of the same at the stocfc"'^ maturity thereof. § 5, same ch. § 693. The commissioners of public charities and cor- Wonnded rection of the city of New York are hereby directed to STew^ork, provide suitable rooms or wards in that part of the t™»'n>e»'<'' city of New York south of Canal street, for the reception and medical and surgical treatment of persons wounded or taken ill in the streets of said city, who may not be safely moved to a hospital or their homes. § 1, ch. 376, 1869. § 694. The several magistrates in the city of New Powers of York are hereby authorized to commit to the care and tTlimmu ' charge of the trustees of " The Shepherd's Fold of the S&Ss"^ Protestant Episcopal Church, in the State of New York," children. such orphan and friendless children as may come under their jurisdiction and who are eligible, as by the charter and constitution of said society. § 1, cb. 775, 1868, § 695. The commissioners of the public charities and commis- coiTection of the city of New York are hereby authorized pnbiicchar- to transfer to the care and charge of " The Shepherd's J,'^"j't"on Fold of the Protestant Episcopal Church of the State of may make New York," such orphan and friendless children who are omhan and eligible, as by the charter and constitution of said society. Sliidren? § 2, same ch. * 208 RELIEF OF THE POOR. indaBtriai § 696. The commiaBioners of public charities and cor- thOTSied"' rection of the city of Kew York are hereby authorized to maintain on Hart's island, now the property of liie city and ' comily of New York, an industrial school ; and in con- commit- nection therewith are attthorized to employ and use the Sduswai labor of any person from any of the public institutions iabor°the«'? committed to their charge, and the said commissioners In. are hereby antho'rized to commit to and place in said in- dustrial school any of the children who may be com- mitted to their care, pursuant to any provisions of law heretofore or hereafter made. § 1, ch. 238, 1869. ufand'tobe §697. Hart's island shall be deemed to be and shall nnder con- be Under the control of the said commissioners of public mfssionere. charities and correction, and may be used by said com- missioners for any and all purposes deemed by them io ■ be expedient and proper, and all laws applicable to the powers and jurisdiction and control of the said commis- sioners of public charities and correction which are ap- plicable to the other premises, buildings, and institutions under their charge, shall be deemed to apply to said Hart's island, and all buildings and erections which may for any purpose or purposes be placed and maintained by said commissioners upon said Hart's island.. § 2, same ch. commis- § 098. The commissioners of public charities and cor- p°bif"chlr- rection are hereby authorized and empowered to erect, "•ogtoBuiid establish and furnish upon the land belonging to the city asylum. of New York, now under the control of said commis- sioners, a building or buildings to be known as the asy- lum for inebriates, and to build and construct all such appurtenances thereto, as in the judgment of said com- Appoint missioners may be necessary and proper. The said ^ysidtans, commissioners are also authorized and empowered to appoint and employ all such physicians, surgeons, officers and attendants as may be necessary and proper for the management and direction of said asylum, and the care To ax com- of the inmates thereof, and to fix the compensation of pensation. g^^jj employees, in the same manner and with the same power as in respect to the persons employed in the insti- tution, heretofore placed under the control of said com- missioners. § 1; ch. 141," 1864. Part of ox- § 699. The necessary expense of erecting and construct- to be paid ing sucu asymm and, its appurtenances, and of mamtainr oTOr. ing the same, shall be provided for in the same manner as the expenses of the other institutions heretofore placed under the control of the said commissioners, and said • An act to establish an asvlam for inebriates in the «ity of New York, and to pronde for the goremment thereof. Fasaed April 8, 1864. RELIEF OF THE POOR. 209 commissioners are hereby authorized to receive from the board of excise, from time to time, twelve per cent of the aggregate amount of moneys received in each and every year by said board of excise, from atid after A^ril first, eighteen' hundred and sixty-seven, for license leeB received for licenses granted in the city and county of New York ; and said board, upon application of the said commissioners, are hereby authorized and directed to pay over, from -time to time, to said commissioners siich percentage^ which moneys shall be strictly applied by said ' commissioners to the building, maintenance and support of said asylum, and duly accounted for in their annual report. But nothing in this act contained shall ^,*^'°s^g ^^ be construed to divert from the State ' inebriate asylum, 8ttt?etne. or interfere with the proportion of said license fees set Jjjj'* "^" apart for said institution by existing laws. The' said commissioners are authorized to>demand and receive all fines imposed for intoxication or disordetly conduct in Penalties, the city of New York, which fines, without any deduc- tion, shall be paid over monthly by the magistrate, clerk or other person who receives the same, to the said com- missioners, and shall be by them applied and accounted for as other moneys received by virtue of this act. § 2, ch. 141, 1864; as amended by ch. 470, 1867. § 700. The Said commissioners shall make all needful Duty and fl-ules and regulations for the government of said asylum, Jomnfu-''' and shall provide for the propet support and maintenance 6'o°«". of the inmates thereof, and especially for such medical treatment as will be eflFectual for, or tend to, the curing of such inmates of the habits of inebriety and diseases induced thereby, and they shall have full power and authority to regulate and control the inmates of said asylum, and to establish such provisions for moral and sanitary discipline as they may deem expedient. § 3, ch. 141, 1864. § 701. The justices of the supreme court, in the exer- Bywh»m, •cise of their jurisdiction within the city of New York, {im^i'nebri- the justices of the superior court of said city, and the ates com- judges of the court of common pleas in and for the "yium. county of New York, shall have power to commit to the said inebriate asylum, for a term not to exceed two years, all persons who, being actual inhabitants of the said city, shall be incapable or unfit for properly con- ducting their own affairs, in consequence of habitual drunkenness. § 4, same ch. § 702. Such commitment shall be made by any of said Proceedings justices or judges, in any case where the facts referred mitaeut!" to in the last preceding section (section 701) of this act, shall be made to appear by petition or complaint duly ' 27 210 Petition be- fore judge. Jnetice or ^udge to 18BU6 war- rant. By whom warrant shall be executed. When Ine- briate may be tempo- rarllv com- mitted. Bstate of inebriate liable for hie support in aeylum. GommlB- Bioners may bring action. RELIEF OF THE POOR. verified and presented by any f^lative of such liabitua] drunkard, or by the commissioners of public charities and correction, or apy oiEcer of the metropolitan police (jojipg. duty within said city, and upon return of a com- mission issued upon such petition or complaint. § 5, ch. 141, 1864, § 703. Upon the presentation of such petition or com- plaint, the justice or judge to whom the same shall be presented, shall proceed thereupon in the same manner as is directed in title two of chapter five of part two of the Eevised Statutes of the St^te of New York, in rela- tion to the care and custody of the persons au,d estates of idiots, lunatics, persons of unsound mind and drunk- ards, and according to the rules and practice of the supreme court in such cases. § 6, same ch. § 704. Upon becoming satisfied by return of a commis- sion as heretobefpre provided, that any person is an habitual drunkard and incapable, in consequence thereof, of conducting his or her own afl'airs, said justice or judge shall have power, in his discretion, to issue his warrant, committing the person so found to be an habitual drunk- ard, to the custody of the said commissioners of public 'iharities and corrections, to be detained in the said asy- lum for such period, not exceeding two years, as the said justice or judge may deem proper, and such warrant shall bej, executed by any member of the metropolitau police, upon the request of said commissioners or one of them. Any such warrant, duly issued, shall be full and sufficient justification for all acts done, by any properly authorized officer, under and in accordance therewith. § 7, same ch. § 705. Any justice or judge before whom, proceedings may be pending under the provisions of this act, may, after filing of any complaint, and when in his judgment the circumstances of the case render it proper so to do, commit the person charged with being an habitual drunkard, to the said asylum while- proceedings on such complaint are pending, and all persons so temporarily committed shall be discharged from said asylum, if, on return of a commission, it shall be determined that they are not proper persons to be detained. § 8, same ch. § 706. The estate of any person committed to such asy- lum, and the person committed, shall be liable for the support of such person therein, and the committee of every such person shall pay out of his estate such reason- able and projjer sum as shall be fixed by the justice or judge ordering the commitment. The said commis- sioners of public charities and correction shall have authority to oring and maintain actions, in any court of RELIEF OF THE POOR. 211 competent jurisdiction, against the committee or guard- ians of the estate of any person committed to said asylum as aforesaid, or against any person so committed, for the* support and maintenance of such person while in said asylum.. Such actions may be brought by said cbmmis- sioners in the name of the " board of commissioners of public charities and correction ;" but all recoveries had ^oMcount in such actions shall inure to the city of New York, and received, all amounts collected thereon shall be received by said commissioners, and accounted for in the same manner as all other moneys which they are by law authorized to receive. § 9, ch. 141, 1864. § 707. It shall be lawful for the said commissioners of when per- charities and correction to transfer from the almshouse be'trant'' and work-house under their control, to said inebriate asy- j*^*^^™ lum, any persons committed to the almshouse or work- workhouse house, who, in the judgment of said commissioners, sliall '""y""- be fit and proper subjects for the said asylum, and in their discretion to return such persons to the almshouse or work-house ; .provided, however, that no person shall by reason of such transfer be restrained of his liberty for a longer term than required by his original sentence or commitment. § 10, same ch. §'708. Any person committed to the said asylum, by whenme- ord6r of any justice or judge as heretofore provided, may may'^ldis. be discharged therefrom at any time before the expira- giarged tion of the time for which such person was committed, lumf '"'^' upon the order of any justice or judge having jurisdiction as herein provided, upon such justice or judge being sat- isfied that such person is cured and fit to be released. Application for such discharge may be made by aily Mode of person, provided, however, that previous notice of such "ii»':'>»re»- application shall be given in writing to the said oom- missioners of public charities and correction. Upon, any such application being made, the justice or judge receiv- ing the same shall proceed in the same manner as upon writs of habeas corpus. § 11, same ch. § 709. The said commissioners shall have authority, at caoBee for any time, to discharge from said asylum any person com- ^^^1^^°^ mitted thereto, for the following causes, viz. : XT'^'"' 1. That such person is cured. * '**' 2. That such person is incurable, and incapable of being permanently benefited by the treatment and dis- cipline of said asylum. 3. That such person has failed to pay for his support therein, or has been guilty of vicious conduct, prejudicial to the good order and discipline of th*e institution. § 12, same ch. 212 RELIEF OF THE POOR. workiiou9« § 710. There shall be established a work-housi^, for the Ymk7 * employment of persons committed to the city prisons, .penitentiary and almshouse in the city of New York. § 1, ch. 413, 1849, Who may " § 711. The [commissioners of public charities and cor- ted to^Sch" rection] may commit from the almshouse to the work- workhonse. house, any and all persons who now are or may hereafter be in the alm^ouse ; and also any and all persons apply- ing to them for relief, and who are willing and desirous to be so committed ; and all magistrates in said city may and are hereby authorized to commit any and all such persons as shall apply to them, or be committed as va- grants, to said work-house, for any period of time not less than three nor more than twelve months; provided, how- ever, that the inmates of said almshouse may, at any time previous to such conimitment, have the privilege either to leave said almshouse or be committed as aforesaid § 2, ch. 413, 1840 ; as modified by ch. 510, 1860. snpeg-inten- •• § 712. There shall be appointed by the [said commis- hoSse'tTbo sioners] a person who shall be known and designated as anpointed. ^}jg superintendent of the work-house, who shall, under the direction of the said'conimissioners, have the exclusive control and superintendence of the said work-house ; he shall hold his oflEice during the pleasure of the said com- missioners, and shall receive such compensation as they shall designate. § 3, same ch. ; as modified by ch. 610, 1860. snpportand ''§713. [The department of public charities and correc- pnor^^h** tion of the city and county of New York] including filnatira's^'- ^^^^^^^ ^^^ almshousc proper, and the support and relief luin. Ac, to of the poor, the county lunatic asylum, and t^e nurseries coiu?o"f for poor and destitute children, the penitentiary, the city IioI'^k' prison, and Bridewell and the other prisons and houses of detention in said city, with the hospitals connected eaT BM^dOT^ therewith [except the county or sheriff's jail, the house • % 1'. It phall be lawfal for the mayor, aldermen and commonalty of the city of New York to raiee by loan a sum not exceeding Herenty-flve tliooaand dollars, by the creation of a public fund or stock, whicb shall bear an interest of not exceed- ing six per cent per aanom, and shaU be redeemable in the year 18T0. i 1, cb. 'M, 1860. , S 2. It shall be lawful for the mayor, aldermen and commonalty to determine what shall be the uuminal amount or value of each share of said stock, and of what number of shares the same shall consist ; and they are hereby authorized to sell and dispose of such siiares at public auction, or at private sale, or by subscrip- tion for such stock, and on such terms as they shall tbmk proper. S 2, same ch. ! 3. The moneys to i e raised by virtue of this act shall be applied and expanded to and for the purpose of building or erecting a workhouse bnuding or buildiuR* within the county of New York. 8 3, same ch. 5 4. It shall be lawful lor the board of supervisors of the city and county of New York, and they are hereby authorized and empowered, to order and cause to be raised, by tax on real and personal estate subject to taxation in the said city, a sum in addition to snch sums as may bo directed by law to bo raised by tax in said gity; sufflclent to discharge the Interest of any loan or loans which may be made under this act. % 4, same ch. ' The words " commissioners of public charities and correction," or the word commissioners," appearing in this section, are substituted for the original words 'goverBors of the alms-Hoase," or the word "governors," etc., etc. RELIEF OF THE POOR. 213 of refuge, %h.e juvenile aaylum, and the house of deten- tion of witnesseB] shall hereafter be under the excltisive control and management of the [commissioners of public charities and correction]. § 1, ch. 246^1849 ; as modified by §§ 4, .5 and 24, ch. 610, 1860. *§;-714. Said [commissioners of public charities and Power of correction] shall have the full and exclusive power to rionereto"' govern, manage and direct the several institutions herein ™|?ftutioM before mentioned, to appoint such wardens, chaplains, f 5|.*"'^' physicians and clerks, as may be necessary ; to define their respective duties and authority ; to prescribe the number and duties of the various Subordinates to be em- ployed therein, and to fix the amount of their coiiipen- satiouy and shall generally possess : sill' the power and authority heretofore by law conferred, and be subject .to the duties heretofore imposed, on the commissioner of the almshouse in said city, the common council of said city, and the board of supervisors of said county, in respect to the said department and the said institutions. § 4, ch. 246, 1849 ; as modified by ch. 510, 1860. . "§ 115. It shall be lawful for [the said commissionbrs] persons and the said [commissioners] shall have power,, in rela- ^onuactld tion to all persons who shall hereafter be committed to disease by any institution under their charge as vagrants by reason amnken- of their being persons who shall have contracted infec- ."aucbery* tious or other disease, in the practice of drunkenness or "g^^''^^^^- debauchery, requiring charitable aid to restore them to sent to work health, after the same shall have been under medical amefseat!* treatment stifficiently cured to be discharged, or to work or labor, in their discretion to detain such per- son or persons, and transfer or commit them to the work-house, until &om the proceeds of their work and labor there shall have been received by said [commis- sioners] beyond the charge of their support while in said work-house a sum sufficient to reimburse all the expenses of their charge and cure while under medical treatment as aforesaid, provided, that under this section no such person shall by said [commissioners] be detained or com- / mitted to said work-house for a longer period than six months. § 9, ch. 329, 1850 ; as modified by ch. 510, 1860. § 716. The police justices of the city of New York vagrants in shall, in every case of commitment for vagrancy, file or dntTes of ' cause to be filed in the office of the clerk of the court of iJftHng'!"™" general sessions of the peaice, in and for the city and county of New York, a record of the proceedings had before them or either of them, and such record shall con- • See note b on the preceding page. 214 RELIEF OF THE POOR. tain, as part thereof, the proofs or confession taken by such justice, together with the prisoner's examination. Which record shall be substantially in the following form : Form of The uiidersigued, one of the police justices of the city certificate, of ISTew York, hereby certifies that A. B. was this day brought before me on a charge of being a vagrant, or [ou his own confession of being a vagrant, as the case may be], and that upon diligent inquiry and examination made of the charge so preferred against the said A. B., and upon the proofs and the examination of the said A. B., hereto annexed, it appearing that the said A. B. is -a vagrant within the provisions of the statutes in such case made and provided ; therefore, I, the said justice, did so adjudge, and thereupon I, the said justice, by warrant under my hand and seal, committed him, the said A. B., BO adjudged to be a vagrant as aforesaid, to the [peniten- tiary, work-house or almshouse, as the case may be]. In witness whereof, I, the said justice have hereunto set my hand and affixed my seal, this day of A. D. 185 , C. D., police justice, [l.8.] § 1, ch. 268, 1855.' DiMharge § 717. No person committed to the penitentiary, work- of pri»oner. jjgygg Qp almshouse as a vagrant as above directed shall, unless upon a writ of habeas corpus or certiorari, except by an order of the [commissioners of public charities and correction], be discharged before the expiration of, the term for which he was so committed. § 2, ch, 268, 1855 ; as modified by ch. 510, 1860. Police Jus- ^ §718. Any police justice violating any of the provifl- dcemld"' ions of this act shall be deemed '^guilty of a misde- giuty of meaner. § 3, ch. 268, 1855. Rl'ea'' § ^■^^' ^"''^ ^^'^ parts of acts inconsistent herewith "^ * ■ are hereby repealed. ^ i, same ch. "City luna- ^ § 720. The mayor, aldermen and commonalty of the , Btock^' a?- city of New York are hereby authorized and directed to thorized. create a public fund, or stock, to be denominated '' City lunatic asylum stock," for an amount not exceeding three hundred thousand dollars, which said stock shall bear date the first day of August, eighteen hundred and Kate of In- sixty-ninc, and shall bear interest at the rate of seven »hen'p'ay? pei" Cent per annum, payable semi-annually, and to be ■^^ redeemed on the first day of August, eighteen hundred ^uSdima ^"^ eighty-nine. The said mayor, aldermen and com- ^e°d"ge fStJ monaity being hereby authorized and directed to pledge of city for I o redemption ~ • An act to amend an act entitled -'An act requiring the police J uBtices In the city of New York to file records of all convictiouB «f vagrancy /' pa8»ed April twellth, one thousand eight hundred and fifty-three. Passed April 10, 1866. RELIEF OP THE POOR. 2l5 the faith of the city and county, and the same is hereby specifically pledged for ■ the redemption of the said stock ■ ^.^d the peveral , parts thereof wh^r^ , the same shall 'be- come due and redeemable under the jpi'ovisions of this section, by tax upon the estates, real and personal, in the city of 'New York subject to taxation. § 1, ch. W,1869.« .. , § 721. The comptroller of said city of IfewTork shall, Whencomp within thirty, days after being required in writing by the isBue'etMkl commissioners of public charities and correction so to do, prepare and issue the said stock specified in the preced- ing section (section 720), in amount to be specified by said: commissioners, and not exceeding the said sum of saieot«tock three hundred thousand dollars, and offer the, same for wddfr'!^" sale, suph offer to be by advertisement in not less than three newspapers published in the city of New York of Notice of the largest circulation, for not less than twenty days and "*^*" more than thirty days ; at the expiration of which time said stock shall be awarded to the highest bidder there- for, and the proceeds thereof shall be forthwith deposited with the chamberlain of saidjcityto the credit of said commissioners of public charities and correction. The Yain„ of said comptroller shall determine what shall be the 1^*^''^'°' amount or value of said stock per share and of what num- ber of shares the same shall consist, but he shall not be Not to be authorized to dispose of any of the same at a less rate Jgin '",*" than its par value. § 2, same ch. • • value. § 722. The chamberlain of the city of New York shall For what receive from said comptroller, as above specified, the pro- JSaSJblr- ceeds of said stock, and shall pay over the same in such lain to {.ay ' ' ' ' • • over pro" sums and to such persons as said commissioners or a ceeds. majority of them shall direct in writing, but only for the purpose of providing additional buildings for the recep- tion and care of lunatics in said city. § 3, same ch. § 723. The board of super-visors of the county of New snpcrvisore York shalf cause to be raised by tax, in addition to the ^'f'" '*^ ordinary taxes, yearly and every year, a sum sufficient to and princi- pay the interest semirannually upon the stock provided ^*'" tor by this act, and for the payment of the same at the maturity thereof. § 4, same ch. » An act to provide additional bnildings for lunatics in the city of New York. Paesed March 17, 1869. Sections one and two of ch. 180, 1S70, are as follows : SBOTioif 1. The mayor, aldermen and commonalty of the city of New York are hereby authorized and directed to raise by loan, in the manner provided in the act chapter fifty-six, laws of eighteen hundred and sixty-nine, a farther sum of font hundred thousand dollars, for the construction and completion of a lunatic asylum on Ward's Island, now being erected by the commissioners of public charities and correction of the city of New York. 1 2. All the provisions of the act to which this act is an addition shall apply to the said sum of four hundred thousand dollars hereby authorized to bo raised, and stock shall be issued therefor, and provision shall be made for the disposition and redemption thereof and t}ie payment of interest thereon, in the same manner and wittLlike effect As if such further sum had been embraced in and anthorized by the said original act. 216 RELIEF OF THE POOR. TITLE TWO. RELATING TO CEETAIN BENBTOLENT SOCIETIES AKD INSTI- TUTIONS IK IfEW TOEK.» Sionoit 724. New Tork jQTenile Asylum, Its obJectSL 726. Corporatioi) to procaro sites and erect buildings ; what such aaylnm to embrace. 726. Wliom it may recelTe under its care. 727. rorm of surrender of child by parent or guardian. 728. Who may be committed to its cara ; form of commitment 729. Order of commitment, how to be executed. 730. Notice of magistrate to parent or guardian of child. 731. When superintendent of the house of reception to post up notice of, such commitment ; form of such notice. 732. How such notice to be served by policeman ; how his report of ser- vice to be made to magistrate ; record of snch service to be made ; when child to be surrendered up, and when order of commitment is final. 733. Proceedings In case of idle, vagabond children ; magistrate may give juvenile asylum exclusive control of such children; when bonds may be required I^om parents of such children. 734. Certain children who desert home, not under control of parents, or have bad associates, may be committed to care of such asylum. 735. Second arrest of child. 736. When child may be discharged by corporation. 737. Corporation may return child to magistrate, or turn it river to com- mtssioners of public c' to receive such child. mtssioners of public charities, and commissioners shall have power h ( ■ ■" 738. Corporation may bind out children ; duty of courts committing to ascertain age of child, &c. 739. Indentures not to be assigned, unless by consent of managers of asylum ; proceedings in case master dissatlsfled. 740. Child, how to proceed in case of cruel or bad treatment on part of the master. 741. Child bound out not to be prohibited from following trade after expi- ration of service. 742. Security given contrary to foregoing sootion, 741, void. 748. Indenture may, with consent of child, approved by the board of man- agers, be assigned upon death of master. 744. Board of directors of asylum to be guardians o^ children bound or held to service ; their duties in respect thereto ; master to report to board semi-annually ; what such report to contain; 745. Such board to report annually to legislature and common council of city of New York. 746. Common council to visit asylum twice a year. 747. Pecuniary means for the support of such asylum, how to be pro- vided. 748. Supervisors to raise, by tax, a sum for each child supported at asylum. » The board of supervisors of the city and county of New York shall levy and collect by tax, in the year one thousand eight hundred and seventy, and every year thereafter, at the same time and In the game manner as the contingent charges and expenses of said city and county are levied and collected, and shall pay over to the ■' Union Home and School for the Education and Maintenance of the Chil- dren of Volunteers " the sum of sixty dollars for each child under five years of age ; seventy-lve dollars for each child over five and under ten years of age ; one hundred dollars for each child over ten years of age (according to the ages of the children in the institution), per annum ; and in like proportion for any fraction of a year for each and every destitute child which may bo supported and maintained in said institution. But the number of children for whom money is drawn under the provisions of thia act sh»l' in no case exceed four hiudred m any one year { 1, ch. 809, 1870. RELIEF OF THE POOR. 217 8iiPTIOK=749. Children chargeable to emigration fupdl to Ijq received, in Buoh asylum ; pay to such asylum therefor. 750. Schools ir^iintained by such asylum to participate in the distribution of the common school fund. 751. Managers of socitity for the reformation of juvenile de- linquents. 752. Vagrant children, when may be comiaitted to house of refuge. 753. Duty of courts to ascertain age of juvenile delinquents committed or sent to house of refuge. 754 When managers to ascertain age. 755. When children are. deemed disorderly. 756. When magistrate may issue warrant. 757. When magistrate may commit child to house of refuge on complaint of parent or guardian. 758. Society for the reformation of juvenile delinquents authorized to establish a school-ship, and to purchase vessels for that purpose. 759. To employ oflScers and superintendents, and to make rules regulating the government of Such ships. 760. And may have control of such ship, and transfer, from the house of- refuge, boys on such ship for instruc- tion, &o. 761. Children's aid society, of New York, authorized to hold property. 762. Treasurer of the metropolitan board of excise, on 1st of October, 1869, to pay to such society $30,000, to be applied to the support of the boys' apd girls' lodging r houses, and such society to present annual report to the legislature, &c. 763. Board of supervisors to raise by tax, annually, a certain amount, and pay the same to the chill^en's aid society, for said society to lapply to care and educa tion in industrial schools, &o. ; society to report an- nually. 764. Industrial schools established under children's aid so- ciety to participate in the common school fund. 765. Amount to be received by tax annually for use of chil- dren's aid society. ^ , 766. Objects of the New Tork infant asylum. 767. Said corporation empowered to procure and erect an asylum and house of reception. 768. What children may be taken and received under the care and management of such corporation. 769. How children to be intrusted by parents', guardians, or nearest relatives, to such asylum. 770. Action b]^aid asylum relative to deserted children of , two years or under. 771. Notice to be given by superintendent of house, of recep- tion of such society, relative to deserted children. 772. Proceedings when child is claimed ; when child may be remanded to custody of such oorporatiohj 773. Time In which children are to remain, in custody of such society. 774. In what cases children to be restored to parent or guard- ian by such society. 28 • 218 RELIEF OF THE POOR. Sbction 775. In what cases children may, by such corporation, be d» livered over to competent authority. 776. When such society may bind out children. 777. Assignment of indentures of a child bound out cannot be, without the consent of such asylum. 778. Death of the master or his assignee to have the effect of annulling the indentures. 779. When the indenture may be canceled. 780. Proceedings in case of master's cruelty to the indentured child. 781. Duty of board of managers to act aa guardians of in- dentured children. 783. The conduct or behavior of indentured child to be re- ported by the master half yearly to managers. 783. Damages recovered for violation of indentures, to be held by society in trust for the child. 784. Supervisors to levy tax for suppdrt of children, and pay the same for that purpose annually to such asylum. 785. Children's support by said society, when to be paid for from the fund in the hands of the commissioners of emigration. 786. Schools may be established by such society, and such schools to participate in the common school fund. 787. Board of managers to report annually to the legisla- ture ; what such report must specify. 788. The asylum and house of reception to be subject to visi- tation of the board of supervisors. 789. Children from other counties may be received by the board of managers of such corporation, and superin- tendents of the poor of such counties have power to send such children. 790. Supervisors to levy and collect by tax and pay over, ' annually, to the nursery and child's hospital of the city of New York. 791. The school under the charge of such child's nursery and hospital to participate in the distribution of the common school fund. 792. " Asylum for Friendless Boys In the city of New York ;" its object. 798. Corporate powers of such asylum, in whom vested, and its internal and domestic concerns ; under whose con- trol. 794. Who members of such society, and who entitled to vote. 795. Power of the corporation over boys committed to its care. 796. " The Wayside Industrial Hom^" its purpose. 797. The " Bose Benevolent Association ;" its object. 798. The Five Points House of Industry ; its powers, &o. 799. Its property exempt from taxation. 800. Vacancy in office of incorporator ; when may be declared, and an election ordered to supply such vacancy. 801. Amount of property the Five Points House of Industry may take and hold. 802. The American Female Quardian Society ; its object. RELIEF OF THE POOR. 2 19 Shctios 803. Board of managers empowered to appoint matrons and other assistants. 804. Powers of such society over children surrendered to its care. 805. Children instructed in the schools connected with house of industry and home for the friendless of said society, to be entitled to draw public school naoneys. 806. Who to be guardians of children ; in certain cases to surrender them to the custody of such society. 807. When vagrant children may be committed to the Ameri- can Female Guardian Society ; form of commitment. 808. Such commitment, how and by whom to he executed. 809. Duty of the magistrate making the commitment to de- liypr to a policeman ; notice of commitment of child. 810. Such policeman to serve such notice, and how. 811. Duty of magistrate in certain cases to order managers bf society to deliver such child to person named in such order. 812. Want of certain proof. 813. When magistrate may deliver over child to custody of managers without giving the notice. 814. Duty of board of managers when it shall appear that child was committed without suf&cient cause. 815. When managers may return child to committing magis- trate or to other proper authorities. 816. Violations of indentures of child by master ; how rem- edied. 817. Guardians of children indentured may be required to place annually in the treasury of such society, for the benefit of such children, a certain sum. 818. Board of managers to be guardians of every child in- dentured by virtue of this act, and their duty in respect to such child. 819. "The Sociiety for the Relief of Destitute Children of Seamen," its object. 820. Powers of board of managers to appoint a matron and other assistants, &c. 821. Also to bind out children that have been surrendered to such socirty. 832, St. Joseph's Asylum in the city of New York, its dbject". 823. Board of managers of sucji asylum may, in certain Cases, bind out children. 824 Objects of Roman Catholic Asylum in th« city of New York. 825. Such asylum in certain cases may bind out children. 826. Title to real and personal estate. ' 837. Net income of such asylum limited. 828. Managers of the Society for the Protection of Destitute Roman Catholic Children in the city of New York, may procure suitable buildings, sites, &o. 839. What children such spciety may take and receive into its care. 830. Power of such society over such cjhildren. 831. Children intrusted to such corporation by parents or guardians ; how to be received. 220 RELIEF OP THE POOR. Sbotion 883-838. Children above the age of seven and under fourteen years found by policeman in any public place in New York, under circumstances of want or abandonment ; how to be dealt with in respect to such corporation ; duty of magistrate, and such policeman, &c. 839. When such corporation may return to tiie proper author- ities a child committed or intrusted to its charge. 840. Such corporation to be guardian . of every child bound or held to service, under chapter 448, 1868 ; its duty in respect to children so held or bound ; duty of the mas- ter to report, &c. 841. Such corporation to report annually to the legislature and to the New York common council ; what such re- ports to contain. 842. Common council, by committee or otherwise, to visit the asyluna twice a year, and the mayor, &c., to be ex- officio managers of the institution. 843, 844. " The Society for the Protection of Destitute Roman Catholic Children in the city of New York ;" amounts which such society are entitled to receive ; duties of New York board of supervisors. 845. Where such society may locate its buildings; must maintain a house of reception in New York ; its real estate. 846. Certain of the property of such society exempt from tax- ation. 847. Hebrew Benevolent and Orphan Asylum Society; its powers in respect to children intrusted to its trustees commitments of certain children by New York magia trates may be made to such asylum. 848. Mayor, &c., may convey real estate in fee to such asylum. 849. Hebrew Relief Society, " The Society for the Education of Poor Children and the Relief of Indigent Persons of the Jewish Persuasion " — changed to. 850. Metropolitan Fire Department Relief Fund ; out of what provided. 851. Who to be trustees of such fund, and how it is to be invested. 852. When and for what such fund liable; who entitled to the benefits of such fund. 853. What the trustees entitled to receive in behalf of such fund. 854. Assessments ; how and upon whom to be made for the benefit of such fimd. 855. Thistle Benevolent Association of New York, its object. 856. Mariner's Family Asylum, who to have control of. 857. Trustees of the Seaman's Fund Retreat in New York to pay over to sach asylum a certain percentage of the moneys collected of masters, mariners and seamen arriving at New York. Owners of vessels to pay to president of such trustees certain moneys, &c. 858. How such moneys to be applied. 859. Employees of such asylum. 860. Inconsistent acts repealed. 861. The Friendly Society of St. Ambrose Church in New York, its object. RELIEF OF THE POOR. ggl Section 863. Certain property of such eociety exempt from taxation. 863. Samaritan Home for tlie Aged of New Tork, its object. 864 Chapin Home for the Aged and Infirm, its object ; Ladies Aid Society (note). 865. Hebrew Female Benevolent Society of the Congregation Shearith Israel in New York, its object. 866. New York House and School of Industry, its objects and purp(5ses. 867. Pulton Benevolent Association of New York, its object. 868. New York Ladies' Home Missionary Society of the Metho- dist Episcopal Church, its objects. 869. Presbyterian Home for Aged Women in New York, its authority. 870. Its general purpose. 871. Manhattan Eye and Ear Hospital, its object. 873. Roosevelt Hospital, its object. 873. German Hospital and Dispensary in New York, its object. 874. " The Deaconess Institution of the Evangelical Lutheran Church," its erbieet. 875. Board of managers to establish, govern and manage orphan asylum, &o. ~,^ 876. Wurtsburg Orphans' Farm School of Evangelical Luth- eran Church, under the immediate supervision and control of the board of managers of said Deaconess institution. 877. Board of managers of said last mentioned institution to have appointment of director and chaplain of said Orphans' Farm school. 878. Executive committee of such Orphans' Farm school to have authority to receive orphan children and to retain such children until they are of age, and to place out such children ; such committee to be guardians, &c. ; to report, &c. 879. " Association for the Relief and Protection of Friendless Children of Germany," its object. 880. Mariners' Family Industrial Society of the Port of New York, its object. 881. House of Mfelrcy, New York ; its object. 882. Prostitutes professing a desire to reform ; when by the magistrate may be committed to certain benevolent institutions. § 724. The objects of [the New York Juvenile Asy- object of n. lum] are to receive and take charge of such children, aayrnmf "* between the ages of seven and fourteen years, as may be voluntarily intrusted to them by their parents or guard- ians or committed to their charge by competent authority, - and provide for their support, and to afford theni the means of moral, intellectual and industrial education. § 2, ch. 332, 1851 ; as amended by ch. 387, 1854. § 725. The corporation hereby created may, so soon as ^^ oration may be practicable, procure suitable building sites and to procure lands, and erect and maintain thereon an asylum for such bid'g'aUaB. 222 . RELIEF OF THE POOR. children as, under this act, the regulations to be adopted by the board of directors, and the laws of the state and city of New York, may be intrusted or committed to the care and management of the said corporation : such asy- lum shall embrace the buildings necessary for the com- fortable accommodation of the children therein ; for their instruction, moral, intellectual and industrial ; and for their general treatment in such manner as may best pro- mote their welfare, and most fully accomplish the benefi- cent designs and objects of the said corporation; and until such building sites and lands shall be procured, and the permanent building of the asylum thereon erected and completed for use, the corporation may procure such temporary accommodations as may be necessary for its purposes. § 6, ch. 332, 1851 ; as amended by § 1, ch. 547, 1853. Whom It § 726. The said corporation may receive under its care may rec, ve ^^^ management children between the ages of seven and fourteen years, belonging to the classes described in this section, and also children under the age of seven years belonging to said classes, who, in the judgment of the directors of said corporation, have special claims on its care. The persons herein intended are : 1. Such children as by the consent in writing of their parents and guardians shall be voluntarily surrendered and intrusted to it. 2. Such children as may be committed to it by the, order of any magistrate or magistrates of the city and county of New York under the ninth section of this act. 3. Truant children who may be committed to its charge by the order of any magistrate or magistrates under the thirteenth section of this act. 4. Children deserting their homes, or disobedient to their parents or guardians, who may be committed to its charge by the order of any magistrate or magistrates under the fourteenth section of this act. § 7, ch. 332, 1851 ; as amended by § 1, ch. 245, 1866. Foimofsnr- § 727. Children intrusted to this corporation, by the chui'** voluntary act of their parents or guardians, shall be deemed to be in the lawful charge and custody of the said corporation ; and such surrender shall be evidenced by a writing in form substantially as follows, viz. : " ^j -^- B. (father, mother or guardian as the case may be), of C. D. (a boy or girl), aged years, born in do hereby surrender and intrust to " The New York Juvenile Asylum," for the period of years, the entire charge, management and control of the said C. D., and do hereby assign to and invest the said cor- RELIEP QF THE POOR. 223 poration with the same powers and control over the said C. D. as those of which I am possessed." In presence of. § 8, ch. 332, ,1851., § 728. "Whenever any child ahove the age of seven and ^•J''""''' under the ag;e of fonrteeh years, shall he brought by any " policeiHEtn bf the city of New York, before the mayor or recorder, or any alderman or other magistrate of the said city, updtl the allegation that such child was found in any way street, highway or public place in said city, in the circumstances of want and suffering, or abandonment, exposure or neglect, or of beggary, specified and defined in the eighteenth sfectioH of the act entitled " An act rela- tive to the powers of the common council of the city of New York, and the police and criminal coiirts of said city," passed January twenty-three, eighteen hundred and thii-ty -three, and it shall be proved to the satisfaction of such naagistrate, by competent testimony, that such child, is embraced within the said section, and it shall further appear to the satisfaction of such magistrate by competent testimony, or by the examination of the child, that, by reason of the neglect, habitual drunkenness or other vicious habits of the parents or other lawful guard- ian of such child, it is a proper object for the care and instruction of this corporation, such magistrate, instead of committing such child to the almshouse of said city, or such other' place, if any, as may have been provided by the common council thereof, in his discretion, by warrant in writing under his hand, may commit such child to this corporation, to be and remain under the guardianship of its directors, until therefrom discharged in manner pre- scribed by law ;. such commitment shall be by warrant in substance as follows :; To A. B., one of the policemen of the city of New York : Yon are hereby commanded to take charge of A. B., a child under age of fourteen and above the age of seven years, who has been proved to me by competent evidence to be embraced within the eighteenth section of the act entitled " An act relative to the powers of the common council of the city of New York, and the police and criminal courts of said city," approved January twenty-three, eighteen hundred and thirty-three, and who also appears to my satisfaction tp be a proper object for the care and instruction of the corporalfion created by an act entitled "An f ct to incorporate 'The New York Juvenile Asylum,' '^' passed June thirtieth, eighteen hun- dred and fifty-one, and to deliver the said child without delay to the said corporation at its house of reception in 224 RELIEF OF THE POOR. Order, bow execntcd. Notice of mas;i8trato to mther. Dnty of So- periutend- ent. this city ; and for so doing this shall be your sufficient Dated this day of ■ , 18 . § 9, ch. 332, 1851 ; as amended by ch. 387, 1854. § 729. Any order so made by any such magistrate, shall be executed by any policeman to whom it_ shall be delivered by the magistrate, by conveying the child there- in named to the house of reception to be established by this corporation, and such child shall be detained in such house of reception until discharged or removed therefrom in the manner hereinafter provided. § 10, ch. 332, 1851. § 730. Inimediately upon the making of any such order, the magistrate making the same shall deliver to a policeman of the city especially detailed for that service, a notice in writing, addressed to the father of such child, if its father is still living and resident within the city, and if not, then to its mother if she be living and so resident, and if there be no father or mother of such child resident within the city, then addressed to the lawful guardian of such child, if any, or the persons with whom, according to the examination of the child and the testi- mony, if any, received by such magistrate, such child shall reside, in which notice the party to whom the same is addressed shall be informed of the commitment of such child to the house of reception of this corporation, and shall be notified that, unless taken therefrom in the man- ner prescribed by law, within twenty days after the ser- vice of such notice, the child therein named will be and become the ward of this corporation. § 11, ch. 332, 1851 ; as amended by ch. 387, 1854, and by ch. 245, 1866. § 731. "Whenever, after careful and diligent search and inquiry, the policeman, whose duty it was to serve the notice described in the eleventh section of the act hereby amended (chap. 332, 1851), shall not have found either the father, mother, legal guardian, or person with whom, according to the examination of the child and the testi- mony, if any, received by such magistrate,"' it shall be the duty of the superintendent of the house of reception to cause the following notice, with the proper blanks in- serted, to be posted up in a conspicuous place in the police station-house nearest the alleged residence of the child, viz. : Notice. — This is to certify that , a child of about the age of years, . hair, eyes, complexion, in height, and said to be of descent, was on the day of , 18 , committed by to the house of reception of the New York Juvenile Asy- > So in the printed sesBlon law^ of 1866. RELHEFi OF THE PQQIE^. 225 Ixim, number twenty-tJu'eei West Thirteen t;J;i street, and , , , that aftep careful, search; and inquiry made i)_y,,, , '' , neither the parents, legal guardians oripersons w-ith iwhom said , ,,is%lleged to have resided, c^n be found. New Xork, ,,li i, j, 18 , , , ,, / ^upefin^endent., Andi the : piqsting of . !s?a.d notice , as ,abo VQ i required shg-U be "deenaed -as equivaient toi having d^ily , served it on the parent or guardian i or person witfc'KJjeni.t^ child was alleged, to have resided, in c^sfis where th^y, or, either of them could be found,; § 2, fsh, i;?, 1956. § 732. ! Such noti0e-(theinoticei ineRtione^iiii .section service of, Y30)shallibe, served "by the ppUoeman ,(^ta,ile4 for that ""'"=!'■' service, by .delivering thesan^e tP, the party tp^.^hom . ,', it shall have been addressed, personally, pr by leaving it with some person of suffieieint 9fge ^t the place of residence or business of wq}} party, ,j,nd it; shall be the duty of such policenian jpiipeidiately Jo report ji^he Report of &ct, and the time and i manner, of such service to fihe magisteate. magistratCj and, enter in a book ,tqj be provided for that purpose,, and kept at the hoijse of, ij-pp^ptioqof the New- York Juvenile Asylijm, the fact of having i served such notice, the .time, and m^pn^rof such service,, and the fact thug recorded shall in %l}. .cases , be pre,^umpijive evidence nscord of of ithe proper seryice; of such notice. If the, p^rty to service, ■ ; whom such, notice, shall, haye.been-iadidre^ped, or any other ' , j: j person, shaUr. within th^ei.tinae, therein spppi;^ed, prove to in -vririrtr the satisfaction. ©f, the magigtri^tiS,,i8|j4rigi,the,,saine, that to'be^M? the cifcum^ianee?, of want pj* ^uffpriifig, or, other' pirciim- rendered to stances described in th^-.e^lltee;;);h section i of the afore- '** "•«"'• said act, pa^sgd i Januarj;; t'yyenty-thi^'d, eighteen' l^undr^ji and[tjbirty-three, under which such cl^ild, ph^ll jhave .been founds have not been pccasioined byithje ljp,bitu^l neglect or miscondufitof the parents oiiil^vful.guajjdia^s of suc}i child, then it, shall .beu'thp, duty of iSiWiti i^aigistrate, by order in writing, addressed tp the superint^fident of the .house iOf, reception of ,thi§'iiCOrppration,;.tq,iClirect such supesrintendent to.delivei;!&uch child i^q the ci;st;pdy of .th,e partyi named, , in such pr^er, wfip ^ sli.^11 , ithereupon be entitled, to take siiQhi child .ffjipi the sai,d, hojige of recep- tion. , Cut if swqh proof .shall noj^b^prPf^HP^d^^jwithiflitjlJe when order itime above preBcyibed,Buch cljiild sli^ill heirem^PjXed from mentflMi!" .the house pf reception to the S'SyJum,;, ^'^fl. .wl^eljier, such removal itp. the .asylum ibas taken place jPT-Ppt, ,th^ order of iCom{iiitnient,by sufth. hiagJBtrate shs^ll)be.|in£*l,,ai^d ,l|i.e shall thereaftei: have ftO; power, tp ^^cfl^airge ; ,f ji,qh child from, the house, ,pf reception, or fronj. iJi^j agylu^, pi-; in apy manner I from i, the caiTe and pu^todyi of Siaidi.pprppr^tipn. § 13, 1 ch. 332, 1851 s a« amended by ph, 245, ,i,8,66. ,. , , 29 226 RELIEF OP THE POOR. Proceed- ' § 733. If any child under the age of fourteen years, S^diev"* having sufficient bodily iheialth and mental capacity to !^ra°Mder lattetad the public schools, shall be found wandering in fonrtoen the Streets or lanes, or in any public placre in the city of '**"■ New York, idle, truant, or without any lawful occupa- tion, any police magistrate or justice of the district courts in said city, on (jomplftint thereof by any citizen, on oath, shall cause such child' to be brought before him for ex- amination, and shall also cause the parent or guardian Or master of Buch childj if he or she have any, to be notiiied to attend such examination. If, on such examination. In what the complaint shall be satisfactorily established, such , .^t%te!^to ™agist)'ate or justice shall require the parent, guaydian glTsbonli. or master to enter into an engagement in writing to the corporate atlthorities of said city, that he will restrain sneh child from so wandering about, will keep him or her on his own premises, or in some lawful occupation, and will cause Such child to be sent to some school at least four months in each year, until he or she becomes four- teen years old. Such magistrate Or justice as aforesaid may in his discretion require security for the faithful per- formance of- such engagement, tf such child has no In what parent, guardian or master, or none can be found, or if tfat^'S'^fv'e' ^^^^ parent, guardian or master refuse or neglect for controi"f twenty days to enter into such an engagement, and to children to give such' Security, if required, such magistrate or justice corporatt'n. ^^]]^ \yy ^arr^tlt uuder his hand, commit such child ex- clusi-veljr to thift cbrporation. If the engagement pro- vided for in this act Shall "be habitually or' intentionally violated, such' magistrate or justice shall, 'On complaint thereof, in the manner already described in this section, cause such child to be again brbught before him for ex- amination, with notice to the person by whom the 'en- gagement was made, or if such person cannot be found, or no longer has the custody of such child, then with notice to the person having the guardianship or control of'such child, if any such person there be, to attend such examination ; and if the complaint shall be satisfactorily established, the magistrate or justice, as aforesaid, shall by warrant' commit such ' 'child exclusively to said corpo- ratioii. Nothing herein contained shall be construed to relieve the i^erson 'w-ho ' has' so violated hie engagement from the penalty presdribed 'by section second of'diapter one hundred and eighty-five of the laws of eighteen hun- dred' and fifty-three, and the provisions ■ of that ■section are extended to this act as far as the same are applica- ble. It shall be the duty of every policeman of the police oaty ofpo-' force in Said iHty, who shall find aay child in the condi- ucemen. ^^j^jj herein described, to arrest and to bring such child RELIEF OF THE POOR. 227 bi-fore such magistrate or justice, to be, dealt with in accDi'da,nce with the provisions of this section. .The board' of metropolitan police commissioners lare hereby, authorized and required to make necessary and suitable regulations for carrying into effect the duty hereby im- posed upoii said policemen. § 13, ch. 332, 1851 ; as amended by § 4, ch. 245, 1866. § Y34. If any child in the city of New York,: between Proceed- the a:ges of seven andl fourteen years, shall ■ desert his tf#e\o°'?hii- home without sufficient 'cause, or shall keep company {iaTelome with dissolute or vicious persons against the lawful com- or associate mand of his or hen 'father, mother, guardian, or other oL persona person standing in ^thei place of a parent, then upon ,com- cSmpiaS plaint upon oath by such parent, or'othei" person S'tand- "Lj^p*'" ing in the relation faf paren*tj any police magistrate or " , ' district justice of said city shall cause such child to be -^ ' brought before himself,or any other magistra|;e or justice for examination!: If such justice or magistrate be satis- fied by eopipetent testimony that: such child is one of the class of persons described in the first clause of tiiis sec- tion, he shall, by warrant under his hand, commit such child, in his discretion, to^ithe charge of this corporation. Nothing herein contained shall; prevent proceedings from being taken under other statutory, provisions Applicable to the class of children described in this section. Per- sons committed under this and thepreceding section shall 1)0 subjected to the same general treatment as other children committed to the charge of this- corporation, or voluntarily intrusted to it. ^ 14, ch. >332; 1851; as amended by § 5, ch. 245, 1866. § 735. If any child who has been. , previously arrested second ar- and delivered to the parent or guardian,- as Jiereinbefore "stofciiiid provided, shall again be found ih either of the conditions described in the eighteenth section of the act aforesaid, the magistrate before whom such child is brought, upon proof thereof, may forthwith make a final order for com- mitting such child to the card and instruction of this cor- poration, without giving the notice providedi for in section eleven of this act. § 15, ch. 332, 1851. § 736. If at any tim^ after a child shall have been com- cwid, when 'iilitted to the said New .York Juvenile Asylum, as above *^arged'' provided for in this act, it shall be made to appear to the , , satis&ction of the board of 'directors of the said asylum '/ that such child was, on insijfficient' cause, false or defi- cient testimony, or otherwise, wrongfully or improvidently so committed, the said board of directors shall, omthe application of the parents, guardians, of other protector of such child, discharge the child from the said asylum and restore it to such parents, guardian ^ or protector ; 228 RELIEF OF THE POOR. and also, if after a child stall have been properly com- mitted to the said New York Juvenile Asylum, by virtue and in pursuance of the provisions of this act, any cir- cumstances should occur, that, in the judgment of the board of directors of the said asylum, would render ex- pedient and proper a discharge of such child from the said asylum, having a due regard to the welfare of the child, and the purposes of the asylum, the said board of directors, on the application of the parents, guardian or protector of such child, may, in their discretion, discharge the child ti'om the said asylum and restore it to its pa^ ents, guardian or protector, on suchi reaspnable condi- tions as the said board of directors may deem right and |)roper. § 16, ch. 332, 1851. ; In what § 737. The said corporation shall have power to return ration'^y to the Committing magistrate or i other proper authorities, to^inagi's- ^^ ^® dispopcd of in due course of, law, any child whatso- trato, or ever, who for any reason in the judgment of the directors tocommia" of Said Corporation shall not be a proper subject for its pubii"chL- care. It shall also have power to transfer such child to fses' the custody of the commissioners of public charities and corrections of the city and county of Kew York; or to any other incorporated public institution for the care of vagrant, homeless, orphan or criminal children, and to make with such institution suitable and needful arrange- ments for the care, support and education of such child. Power of Said commissioners of such institution shall have power mUafo^ra. °° ^^^^ P^"** *o receive such child from the New York Juvenile Asylnm, and to enter into the arrangements for the care, support and education thereof heretofore speci- fied in this section, any thing in its charter or the laws governing it to the contrary notwithstanding. § 17, ch. • 332, 1851 ; as amended by | 6, ch. 245, l'866. Power of §738. The said corporation shall have power, in its to Tppren-" discretion, to bind out or indenture as clerks or appren- tice, tices in this state, and also in any state of the United States which shall by its laws recognize the validity of such indentures, to some profession, , trade or employ- ment, the children intrusted or committed to its charge, and for a shorter or longer period^ not exceeding the age of twenty-one years for males, and eighteeii years lor Courts to females. • It shall be the duty of all courts and magis- ^"of'chiia ti^ates b^ whom any child shall be committed to. the charge of this corporation, to ascertain the age of such child by such proof as may be in their power, and to in- sert such age in the order of commitment, and the age thus ascertained shall be deemed and taken to be the true age of such child. In case where the age of the child so committed is not so ascertained and inserted in RELIEF OF THE POOR. 229 the order of commitment, or where the child is volun- Whencor- tarily surrendered undei*' the provisions of this act, the SSukowiBe! said corporation, or its committfee on adtnissions, inden- » tiires and discharges, shall, as soon as may be, after such child is receiTed oy theni, ascertain the age of snch child by siich proof as maybe in their power, and cause ithe same to be entered in a book to be desigflateii and kept by them for that purpose, and the age thiis ascertained shall be deemed : and tak^n to be the true age of such child. The board of directors of sai^ corporation, or its committee on admissions, indentures ' arid discharges', shall have power to administer oaths or affirmations to such person or persons as may appear before such board or committee to give 'inforniation touching the age of such child, or concerning the indenturing, discharge or transfer of children under this act. § 18, ch. 332, 1861 ; as amended by § 7, ch;245j 1866. ' ■ § 739. No person receiving an apprentice under the Indentnrei provisions of this act shall be at liberty to assign or MBi^el. transfer the indenture of apprenticeship, or to let out or hire for any period the services of such apprentice, with- out the consent in writing of the directors of this corpo- ration. In case the master of such apprentice shall be dissatisfied with his or her conduct or behavior, or for any other cause may'desire to be relieved from said con- tract, upon application, the said directors may, in their discretion, cancel the said indenture of apprenticeship, and resume the charge and manageinent of the . child so apprenticed, and shall have the same' power and author- ity in regard to it as before the said indenture Was made. § 19, ch. 832, 1851. § 740. If any master shall be guilty of "any cruelty, chuamay misasage, refusal or rieglect to furnish necessary pro vis- edforcmei ions' or clothing, or any bther' violation of the terms of treatment indenture or contract toward any such child so bound to service, such child may make complaint thereof to the bodrd of directors of i this corporation, or to two justices of the peace of the 'county in- which such child is so bound to service, or to the riiaiyorj recorder or aldermen of any city in which such child is bound to service, or to any two of them, who shall summon the parties before them, and examine into, hear and determine the said com^ plaint ; and if upon such examination the said, complaint shall appear well founded, they shall, by certificate under their hands, discharge such child from his obligation of service, and restore him or her to the charge and man- agement of this corporation in the same manner' and with like powers, as before the indenture of such child; § 20, same ch. 230 RELIEF OF THE POOR. Prohibition a^ain^t bindiug ap- prentices ncn to setup trade. Secnrity contrary to foregoing section void. T'pon death nK master indenture may be as- figned. BnsM de- clared gnardii^ns of children. § 741. No person shall accept from any journeyman or apprentice, indentured as aforesaid, any contract or agree- ment, nor cause him or her to be bound by oath or otherwise during hia or her term of service, that such journeyman or apprentice shall not set up his or her trade, profession or employment in any particular place, shop or cellar; nor shall any person exact from any journeyman or apprentice, after his or her terra of service is expired, any money or other thing for using or exercis- ing his or her trade, profession or employment in any place. § 21, ch. 332, 1851. § 742. Every security given contrary to the provisions contained in the last preceding section of this act shall be void, and any money paid or vailnable thing delivered for the consideration, in part or in whole, of any such agreement or exaction may be recovered back, with inter- est, by the person paying the same ; and every person accepting such agreement, causing such obligations to be entered into, or exacting money or other thing as afore- said, shall forfeit one hundred dollars to the apprentice or journeyman from whom the same shall have been re- ceived. § 22, same ch. § 743. Upon the death of any master to whom any child may have been bound to service, under the provi- sions of this act, the executors or adtninistrators of such master may, with the consent of the child so bound to service, signified in writing, acknowledged or approved by the board of directors of this corporation, assign the indenture or contract of such service to some other per- son, which assignment shall transfer to and vest in such assignee all the rights of the original master, and also make him subject to all his obligations. § 23, same ch. § 744. The board of directors of this corporation shall be the guardians of every child, bound or held for service, by virtue and in pursuance of the provisions of this act. They shall take care that the terms of the contract be faithfully fulfilled, and that such person be properly treated ; and it is hereby made their special duty to in- quire into the treatment of every such child, and redress any grievance in manner prescribed by law. And it shall be the duty of the master or his assignee, to whom any such child shall be bound to service, and he shall, by the terms of the indenture, be required, as often as once in every six months,, to report to the said board of directoi's the conduct and behavior of the said apprentice or child so bound to service, and whether such apprentice is still living under the care of the person to whom he was originally bound, and if not, where else he may be. § 24, same ch. RELIEF OF THE POOR. 231 ,§ 745. The board of directors of the said corporation Report to shall, on or before the fourth Monday of January, in^each'tMe!''**^'*'* and every year, make a detailed report to the legislature of the state and to the common council of the city of New York of the whole number of children received into the aSylum during the year, specifying their feex, place of nativity, age, residence, health at the time' of admission, state of education, religious instruction, whether their parents are living or dead, temperate or intemperate, the time devoted to instruction, the nature and alnount of punishment, the cases of disease, the number apprenticed or who shall have escaped, died or been restored to par- ' ents or guardians, or returned to the comfliitting magis- trate during the yearj and also such infornaktion as they may have received of those who have been bound out qr apprenticed, as well as the facts generally in relation to the performance of their duties, also their industrial occupations^ with their results, the receipts and expendi- tures and financial condition of the corporation, and its general pperation,s,: Tsvith ,their results. § 25, ch. 332; as amended, by ch. 387, 1854. § 746. It shall be the duty of the common council of common the city of Nfew York, by committee or otherwise, in its $i°it My*° discretion, to visit and inspect the said New York Juven- '"^ *™'<=^ » ile Asylum twice at least in each year. § 26, ch. 332, 1851. § 747. To provide the peicuniary means for the estab- pecuinary lishnient and support of th* said New York Juvenile meanofor A T 1 i-T^, ,■,-,■. I'. - ', , , rt support of Asylum whenever it shall be proved to the board oi aByfom.how supervisors df the city and county of New York, by the '*™" " ' affidavit or affirmation of the president and secretary of the said asylum, that fifty thousand dollars in money or appro^d securities have, by voluntary subscription or otherwise, been raised for the fiurpose of such asylum, and deposited to the credit of that corporation in one of the incorporated banks of the city of New York, or of the banks formed under , the general banking law, the said board of supervisors may, in their discretion, raise and collect a like amount of fifty thousand dollars by ta» upon the real and personal property of the said city and county, to be so levied and collected at the same time and in the same manner as the contingent charges and expenses of the said city and county are levied and col- lected. Such moneys so raised by this corporation and the said board of supervisors, to be together expended by said corporation in procuring the necessary buildings, sites and lands, in erecting and furnishing the necessary buildings, kn,d in defraying the current expenses of the 2>32 RELIEF OE THE POOR. said asylum, until its permanent buildings' shall be com- pleted. § 27, cb. 332,»1851. ' ■ ' 1 : — i '■ ' ^_ ft To provide 'the twcuniary meanst for the completion of tile neceseai^ buildln<;u of the New York Juvenile Asylum, and to aid in furniphinc: said buildfnge and in defraying the expenses thereof, whenever it ih'sill bo proved to tnfebo'ard of sBpcr- Jope 30, 1S51, the further Vvun of twenty thousand dollars In money or approved securities, have by voluntary subscription or otherwise, been raised foir the pur- poses of said asylum, tbe said board of saperyisors may, in^ their; diecrptiaUf raise and collect a liKe sum of twftoty thousand dollars by tax upon the re»l and'persoual property of the said city and cpunty, to be bo levied And collected at. toe same time and in the same manner as tlie contiugent charges and expenses of the. said city arid county are levied ;»nd collected. 'Snob moneyB BO raised by said New York Juvenile Asylum, and the said board of, supervisors, to bCjtogether expended by said corporation in cotripleting the necessiry'bnildingij, in f^irnishing l^ne some,' and;>nd,e(raying. other necessary expenses of said fiayllim. $ 1, ch. ,5V,. 1866, To provide the pecuniary means for the purchase of land, and the _^rectlon of a hqusel of recesption for the New York Juvenile Asylum, and . to aid dp farnishinr' said building and in defraying the expanses thereof", whenever it shall be proved to f he board of supervisors or the city and county' of New York, 'by the afSrmatlon or affldavitj of the president an4 secretary of the said asylum that,' In addition tp the sum specified in section 27 of *' An a;,ct to incorporate ' the New York Juvenile Asylum," pasEOd June>30, 1851, and also id .addition to the ftirtltsrsum specified in section 1 of " An act to 'amend an act to ii^corporate the New York Juvenile Asy- lumi," passed March 27, 1866, the ftirther sum- of twenty thousand dollars, In money or approved securities, have by voluntary subscriptions or ojiher^^isQ been raieeq for tne purposes <)f Siiia asylum, thfe shiti board oi^Supervii^or's' rnaj* in their discre- tioi!; raise af d cojlect a like suuj of tw^qVy tl>onsand dollars by tax upon the real and personal property. of the said city ana county, to be so levied and collected at the same time and in the same manner as Ihe cdntlngent qttoirges and.'^spensea of i the said city and county are levied and collected ;' provided,, however, that if any balance of t!he sum of 'ibrty thousand dollars levied' and cbllected for^ the year ,1857, by the sa|d b.oardt, ii^ . pursuance pf the 28th section, of the act of J^neSQ, , 18.51, incorporatitig the ehid 'asylum', Shall yet remain uhex^endcil, then it shall be lawful for,the;said board to direct soph unexpended balance of^said moneys to be immediately paid to the said asylum on account of the ' sum 'of tweiity thousand dollars authprfzed by this act ; and in such case only bo much ad shall vet remain of the said last mentioned snm of twenty thousand dollars shall be levied, and collected by virtue hereof. All such moneys so to be raised by said New Yo'rk Juvenile Ayl^in «n4 to be. p^id or levied ftpd cpjleoted .by the sa^d [board, to te together expended by the said Wew 'Yorli Juvenile' Asylum' for r ' ' ,' for thfc purposes speci- fied in theflrst clause of this Section. § a,| fch. 4Q., 1868. , ; 1 1 1 1 - | > 1 1 ' : To provide the pecuniary means for the /erection of an addition to the asylum in One Hundred and Seventy-fifth strefdt, to aid in! fttrnlshitr^ said btilfling, and in defraying other expenses, whenever It shall be proved to the board of supervisors of tbe city -and county bf New "York, by the afflrmatidn oif affidavit bf the prfesident and secretary of the N^wYofk|TuvenUe Asylum, that in addition (o tbe sumspeoi- fled in section 27 o?ah act, to Incorporate the'New York Juvenile A8yium,J)aBBed June 80, 1831 ; and also in addition to the further stiml specified in' sectionj of aii act to amend an act to incorporate the New York Juvenile Asylum, pas^f March 27, 1856; aiid also In tidditlon to the further sum Specified in section 1 oSvact to Bm,end ^n act to Inpprpprato the New York Jijyenile Asylum, passed March 86. 1858, the farther sum of twenty thousand dollars in money or approved secnritles, have by voluntary, sqbecriptioDS or otherwise been raised for tiie purposes of said asylum, the said board of supervisors may, in their discretion, raise and collect a like sum of twenty thonsana dollars by tax: upon the real and personal property of the said city and county, tjo be so levied and collected at th^ same time and in the same manner as the contingent charges' and' expenses are levied and collected; provided, ho«^^ver, that if any balance of the sum pf fifty thousand dollars, levico and collected for the year 1861 by the Said board, in pursuance of the 28th seclion of the act of Juiitf 30,.l851iibicorporatfDg'the Bald, asyjnm, shall yet remain-unex- pended, then it shall l>e lawful for the said board to direct such unexpended bal- ance 6f said raoue jrs to be inimediately pill| to the said Asylum, on account of the sum of tweuty. thousand dollars Authorized by this act ; and in such case, only so much as shall yet remain of the said last metrtioned sum of twenty thousand dol- lars shall be levied and coJleoted by virtue thereof. All such moneys so to be raised by the said New TOrk Juvenile Asylum, and to be paid, or levied and col- lected, by the said board, to be together expended by the said New York Juvenile Asylum for the purposes specified in the first (ilauso of this section, i 1, lih. 309, 1861. Section 27 of said act, amended by chapter 57 of the laws of 186fS, tod farther amended by chBpter 43 of the laws of 1858, is hereby further amended by the fol- lowing addition : , , , , To provide the pecuniary means for the purchase or lease of land, and the erec- tion and ftimlehlng of a Suitable building or rbiiildings, and in defraying the ex- penses o( the same, for the uBes and parpoBes described in this act, whenevetlt ehall be proved to thfe bAard of supervisors ot the city and county of New Ydtk, by, tbe affirmation or affidavit of the president and secretary of said asylum, thai RELIEF OF THE POOR. 233 '§748. In eadli and every year thereafter the toard of supervisors supervisors shall, ill the same manner, levy' and coHpct hundred"^ by tax, and 'pay over to the' Said New York Juvenile f°rBfo°et?h Asyium, for the uses and purpijse^ thereof, one hundred chUd.nr and teii dollars per annum, and proportionately for any fraction of a j^ear, for each child which, by virtue and in. pursuance of the provisions of thisact, shall'be intrustted' or committed to the said asylum, and shall be supported and i-hstructed thereih^ § 28, ch. 333 ; as amended by §9, ch. 245,1866. ,'.,'' § 74^9. Whenever any child,' properly chargeable upon 'Children the fund placed by law at *the ' disposal of the com- toemflra? ■ missioners of emigration, shall, agreeably to the provi-'*'™''"'* '" sions of this act, be received, supported and instructed in the said New Y"ork Juvenile Asylum,' the said corpora- tion shall be entitled to receive therefor from that fund sixty dollars per annum, and proportiohally foir any frac- tion of a year, f6r every Such' child so received, supported and instructed in said asylum; but in no case shall the sum so. received exceed tile lowest expense to 'the city and county of NteW York of a child of the same age in any of the puMi6 institutions under the charge of the ten governors of the almshouse and prison departmbnt of the SEtid city and co'utlty. § 29, ch. 382, 1851 ; as amended by ch. 387, 1854.' § 750.' The schools established 'and maintained by the schools to New York Juvenile Asylum shall participate in the dis- cSmmin tribhtion of the conimoU' School fund in the same manner schooimnd and degree as the cOmmOn schools of the city and county ofN-ewYork. §'30, ch;>332,'l'851. ' , ' iii addition to'the 'sura speciflSd in sectlorf 2T of "Ah' act to 'incorporate the New York Juvenile- Asylum," passed June 31), l?pl,,and also, in addition to the further sum specified in section 1 of ': An a6t to ahiend an act to incorporate the New York Juvenile Asylam," parsed March 27, 1356, and also in addition to;the further sum specifled in section 2 of chapter 43 of the laws of 1858, the further sum of twenty-five thousand dollars in money, or approved securities has, by voluntary subscriptions or otherwise, been raised) for the purposes of , said asylum, the said board of supervisors shall raise and collect a like sum of twenty-five thousand dollars by tax upon the real and personal property of the said city and county, to be so levied and collected at the same time and in the same manner as the con- tineent charges and expenses of the said city and county are levied and collected f such moneys so raisbd by this corporation and the said board of snpervisoiss to, be together expended by said corporation in 'procuring the necessary buildings, sites! and lands ; in erecting and furnishiilg' the necessary buildings, and in defraying the current expenses of the said asylum until' its permanent buildings shall he completed ; and it is further provided that, whenever the further sum or sums of ten thousamd dollars or more in money or approved securities have, from time to time, by voluntaiy subscriptions or otherwise, been raised for the purposes of said asylum, the said board of supervisors shall, from time to time, raise, and col- lect a like sunr or sums by tax upon thereal and personal property of the saad city andconnty, said tax tobe levied and collected In the manner hereinbefore pre- , scribed, ai9 the moneys so raised to be expended in the manner and for the pur- poses hereinbefore specified. The whole sum or sums to be raised and colleoted by said ■hoard of • supervisors ' 'ulider the provisions of this section shall 'not ex- ceed fifty thousand dollars. Said corporation shall have full power and authority to accjuire and hold, by purchase, lease or devise, such land or real estate as may be necessary, suitable or proper to carry into effect the objects and purposes of this act. SSi'Ch. 345,' l!866: adding to' S%'7,ch. 332, 1891.. < ' 30 234 RELIEF OF THE POOR. Managers § 751. The managers of the society for the reformation foruier'^ of jwvenile delinquents shall, as soon as conveniently o°f'jS*eBUe ^^^y ^^ ^^'^^^ *^^ °®^* annual election of the society, deiinqnents arrange themselves into three classes of ten each, to be SofflceTtc. determined by lot; to serve respectively one, two and three years, and at every subsequent election, at the expiration of the terms thus designated, ten persons shall be chosen as managers to serve for the term of three years ; any vacancy that may occur in any class during the term of service of said class may be filled by the board of managers for the unexpired portion of said term. § 1, ch. 172, 1865. saidmanar § 752. ^The managers of the society for the reforma- ^owe"dto tio^ °^ juvenile delinquents' in the city of New York] deceive into shall have powcr, in their discretion, to receive and take ^efage^chii- into the house of refuge to be . established by them, all victed°a°' such children who shall be taken up and committed as vagrants, vagrants, or convicted of criminal offenses in the said city, as may, in the judgment of the court of general sessions of the peace, or of the court of oyer and terminer in and for the said city, or of the jury ;before whom any such offender shall be tried, or of the police magistrate^ or of the commissioners of the almshouse and Brideweli of the said city, be proper objects ; and the said managers shall have power to place the said children committed .to their care during the minority of such children at such employ- ments, and to cause, them to be instructed in such branches of useful knowledge, as shall be suitable to their years and capacities ; and they shall have power, in their discretion, to bind out the said children with their con- sent, as apprentices or servants during their minority, to such persons and at such places, to learn such proper trades and employments, -as in theil'- judgment .will be most for the retbrmation and amendment, and the future benefit and advantage, of such children." The man- ft By BCCtloD 5 of chapter 126. entitled " An act to incorporate the Society for the reformation of Juvenile Deiinqnents in the city of New York," passed March 29, 1824. it is enacted that all and singular the clauses and provisions in the act en- titled ^' An act concerning apprentices and servants," relating to the covenants to he inserted in the indentures of apprenticed aud servants^ made by the overseers of the poor, and the provisions of the sixth, ninth, tenth, eleventh, twelfth and thirteenth sections of the last mentioned act shall apply to the apprentices aud servants and the persons to whom they may be bound under and by vikne of said chapter 12tl of 1824. By section 11 nf said chapter 126 of 1B24, it is also enacted that the said managers under the said chapter may, &om time to time, make by-laws, ordinances aud regulations relative to the management and disposition of the estate and concerns of the said corporation, and the management, government, in- struction, discipline, employment and disposition of the said children while in the said house of refuge, or under their care, not contrary to law, as they may deem proper, and may appoint such officers, agents and servants as they may deem necessary to transact the business of the said corporation, and may designate Ihelr duties. And further, that the said managers shall make annual report to the legislature and to the corporation of the city of New York of the number of chil- dren received by them into tbe said house of . reftige, the dispoisition uhich fiiM he made of the said children by instructing or employing them in the said house of reluge or by biuding them out as apprentices or servants, the receiiJts and ex- penditures of the said managers, and generally all sncb &cts and particulars as may tend to exhibit the effects, whether advantageous or otherwise, ol such a? si>- ciation. RELIEF OF THE POOR. 285 agera of the said society shall receive into the house offjyfdrenof refuge established by. them in. the city of New York. "■"TV'aoe 1 .1 1*^ /• 1 ■' ml' Within State ■whenes^ei" they may have room tor that; purpose, all such may be ad- children as shall be taken up or committed as vagrants, house of in anyicity or corinty of this state, and might noWj'if cop- ^''■^se. ., vipted of criminal offenses in such city or county, be sent as directCid by law to said house of refuge, if in the judg- ment of thfe court or magistrate by whom they shall , be committed as Tagrants, thie aforesaid children shall 'be deemed proper perstfns to be sent to said institution. The powers and' duties of the said managers in relation to the children whom they shall receive in virtue of this act, shall, be the same in all things as now provided bylaw in case of children convicted of criminal offenses and committed, to the charge of said managers. § 4, ch. 126, 1824; as amended by § 1,'ch. 241, 1860, and by § 2, ch. 172, 18-65. ''.-,: .§ 753. It shall be the duty of all courts and magis- Duty or trates, by whom any juvenile delinquent shall be com- ggceJ^in mitted or sent to the house of refuge in the city of .New ageof de- York,, to ascertain the age of such delinquent by such ""'°™ proof as may be in their power, and to insert such age in the ord^r of commitnlent, and the age thus ascertained shall be deemed land taken to be' the true age of such de- linquent. §3, ch.. 172, 1865. §' Y54. In case where the age of the delinquent so com- ^^^hen man- mitted is not so ascertained arid inserted in the order of "sereto as- . .,,-.' 1 Ti 1 certain age commitment, the said managers shall, as soon as may be of deim- after such |delinquent shall be received by them, ascertain ^"*°"- the age of such delinquent by such proof as may be in their power, and cause the same to be entered in a book to be designated by them for that purpose, and the age thus ascertained shall be deemed and taken to be the true age' of such delinquent. § 4, same ch. § 755. AJl , children under the age of sixteen in the ^ho to be several counties, which now are or hereafter shall be o^lSfy ^" designated by law as the counties from which juvenile children, delinquents ehalLbC' sent to the house of refuge in the city of New York, ideserting their, homes without good and euflScient cause, or keeping; company with dissolute or vicious persons against the lawful com man d| of their fathers, mothers, guardians^ or other persons standing in the place of a parent, shall.be deemed disorderly children. § 6, same ch. ) . § 756. Upon : complaint -made on oath to any police j^ ^i,at magistrate, or justice of the peace against any child within ^^^te'to^s' his county, under the agei of sixteen, by his or her parent suewar- or guardian, or other person standing to him or her in ""*" place of a parent, as being disorderly, such magistrate or 236 RELIEF OF THE POOR. jtlstice shall issue his warrant for the apprehension of the offender, and cause him or her- to be brought before him- self, or any other police magistrate or justice of the said county, for examination. § 6, ch. 172, 1865. Make § 757. If such magistrate or justice be satisfied by ranrtcuon competent testimony ft at such person is a disorderly child and commit -vvi^iliin the description aforesaid, he shall make up and of refuge, sig^ SI record of conviction thereof, and shall, by warrant unddr his hand, commit such person to the house of refuge established by the managei's of the society for the reformation of juvenile delinquents in the city of New York, and the powers and duties of the said managers in relation to the said children shall be the same in all' things as are prescribed as to other juvenile delinquents received by them ; provided, l»owever, that any person committed under this act shall have the same right of appeal now secured by law to persons convicted of crim- inal offense; but on any such appeal mere informality in the issuing of iny warrant shall not be held to be suffi- cient cause for granting a discharge. § 7, same ch; Managers § 758. The managers of the society for the reformatio^ usIfaKhooi of juvenile delinquents are hereby atthorized to estab- sup. ];g}j a school-ship for the purpose of instructing the boys 6truct°boys i" their charge in navigation and the duties of seaman- uon.*'''^*' ^^^P) ^^^ *°i' t^*t purpose they' are authorized to pur- May pur- chase and hold any vessel or vessels, and to navigate the na?i|a*S Same iuto and upon any of the ports and waters of the ^<'^^'='«- state. § 1, ch. 285, 1869. superinten- § 759. The Said society may employ such superintend- offlcere."^ ents and officers for the government and instriiction of the boys, and from time to time make such rtileS and regulations for the govei-nmentof the school-ship, as the^ may deem expedient. § 2, same ch. hav'e^con" ^ '^^'^" '^^^ ^^^^ Bocicty shall havc the control of the troiof ' school-ship and other vessels procured for the institution, Bchooiship. an(j ma,y transfer from the hpuse of refuge on board of May trans- Said ship or vessels such boys under their charge aa fromTonse t^ey may elect, and shall cause them to be instructed in to'vlssifs,'" navigation and the duties of seamanship, and may send and instnict any boy Upon a voyage at sea, and in his behalf enter ntvilauon "^to neccssary contract therefor, with his assent or the manlbip. ^ssent of his parent or guardian, if it is practicable to obtain the same. § 3, same ch. chuaren-a § 761. The [Children's Aid Society of the city of New sociey. Yqj.]jj g^j.g hereby authorized to hold real and personal estate, free from the restrictions as to amount prescribed by the "Act for the incorporation of benevolent, chari- table, scientific and missionary societies," passed April twelfth, eighteen hundred and forty-eight, or any act to amend the same. § 1, ch. 515, 1864. The real estate RELIEF OF THE POOR. 237 and personal property belonging to the CMJdten's Aid l{°l"^ Society, and used for taei charitable" pniposeBithereofjishall exempt beexemptiromtaxation., ..,§2, ch. 4:68,.1868. , , ,,/, &*^^*' § 762. The treasurer of the metropolitan boafdiof eix- Payment to else shall, oBs the, first day pfiPetpber, eighteen hundJ'ed aia'socieV and sixty-nine, pay to the childreii's, aid society of the pjji^n'ex- city of 'New York the sum of twenty thousand! doll^irs, tO ciae board, be applied to the s^upport of , the boys' and girls' lodging houses of said society. The said society shall, on oi| be- society to fore the fifteenth of January of each and evpry year, pre- nlfany t?' sent an annual report to the legislature of the state of legislature. New York, of the expenditure of such njopeys in detail, together with all other matters pertainingitp ths care and custody of the children who shall beunder the charge, of the said society. § 1, ch. 212, 1869,, § 763. The board of supervisors; of the.po.unty of New supemsors York shall, in the year eighteeiji hundred .a^d sixtyrseven, J,° ™,y tnd' and in each and eyery year thereafter, levy and collect pay over to by tax upon thje real and, personal property of the said aia &ety. city and county, to be levied and eollecjied at the same *2'''<*°°- time and in the same manner as the contingent chargjes and expenses of th^iBaid city and. county ,arp leyiediand collected, the sum of thirty thoup^pd dollars, ajjd pay the same over to , the . children's aid; so'^iety of the city , of New,Xprk, to be applied to, the.care arid edueation, in the ipd\i^8trial schools of said city, of destitute, children, not attending -the common schools , in th? city of Ifew Yori, , Apd^aid society shall, on or, before the first; da,j of g^. ^ ^^^^.j^ January each and: every ye.ar, report to the coniptroller ty to report ' of the city of New York each and every expenditure of such money, and the,sarne, tothe state superintendent of public instruction, with such other' matters pertaining tp the children who shall conje under its care as jthe said superintendpnt shall require, § 1, qh. 163, 1867. ; ; § 764. The industrial schools established and main- children's' tained ;Under the pha^rge of the children's aid society in f^^^^^triaP the city of New Tprk, shall participate in the distribu- sciiooisto tion of the common school rand, in the same manner fnaoho^o*'^ anji, , degree as , the pommon schools of the, i city and ^'^^^ county of New York, and shall be subject to thq same I'egijlations and restrictions as are now by law iii^posed on the common schools of the city and county of ^ew York. § i, ch. 258,' 1862. ' ' ..:,:; § 765. The board of svipprvisors of (th^, county, of IfeW Amonnt York shall, in the year eightpen hundred and sixty-five, board of su- and in ep5c|i and every year thereafter, levy a,nd,coillect authorized by tax.iipon the real and personal property of the, ^a^id taxforchif city and county, to be; levied, and,, ppllected at the sanie aren'said ,-. ■' t'." ;v ■" ^ '■ ' '■■ ./I ,1 society. t;me and in the sarrie nianner^^as the contingent charges ahd expenses of the said city and county are levied and 238 RELIEF OF THE POOR. Object of New York infant aay- Ittm. Asylum. Honse of reception. Ohlldren ; and how corporation may receive ander Its care. collected, the sum of ten thousand dollars, and pay the same over to the children's aid society of the city of New York, for the uses and purposes of said society. § 1, ch, 70, 1865. §766. The objects of the New York infant asylnra are to, receive and take charge of foundlings and other infant children, of the age of two years and under, which may be intrusted to their charge as hereinafter specified, and to' provide for their support, and moral, physical, intellectual and industrial education. § 2, ch. 106, 1866. I 767. The said; corporation shall have the power to procure!, or erect and raaiiitain, either within the city of New York, or in some other suitable and convenient place within the State of New York, and distant not more than thirty miles from the city of New York, 'a suitable building or buildings for an asylum for such children as may be intrnsted to and received by them agreeably to the provisions of this act, and shall have power also to procure, or erect and maintain, within the ' city of New York, a house of reception where such children may be first received and temporarily accom- modated. Whenever any child shall be 'received by the said corporation in such house of receptidn, under the f>rovisions of sectio' eight of this act, it shall not be awful for said corporation, within the period of thirty days next succeeding, to place such child in their asylum ; but such child shall remain in said house of reception for said period of thirty days, unless sooner discharged and removed agreeably to the prbvisions of this act. § 5, same ch. § 768. The said corporation may receive and take under its care and management : 1. Children of the age of two years, or under, found in the city of New York, abandoned or deserted as here- inafter specified. 2. Child'ren of like age, bom out of wedlock, who, by consent in writing of the mother, may be intrusted to said corpora,tion. '. 3. Cl;iildren of like age, whose father or whose mother is deadi and whose surviving parent is,; for any cause, unable to maintain them, ana who, by consent in writing of such surviving parent; may be intrusted to said cor- poration. 4. Children of like a^e, whftse parents are, from any cause, unable to maintain them, and who, by consent in writing^ of the father, or, in case the father shall have been legally declared an habitual drunkard, or a lunatic, or shall be imprisoned on conviction of crime, or shall have been legally declared to have abandoned his fanjily, RELIEF, lOF THE FOOR. $39 then by the consent in wjritingi of the motherjiiinay be intrusted to said. corporatibn. :> ;,, m, 5. Ghildoreji' of like age,, having no patent liying,, and who, byiooosent in writing, of their guardian,, or nearest relative of full age, may be intrusted to said corporation. 6. Children of like age,., who may be tratjsferred and intrusted to said corporation by the commissiwers of public charities and correction of the City and county of New York. § 6,. ck 106, 1865. § 769. Children intrusted to said, corporation by the voluntary act of their parents, guardian, or neairest rela- tions, as hereinbefore provided, shalL be deemed tp.be in the^ lawful charge and cust6dy of said corporation. Such intrusting sh^l be made and evidenced by an in- PoVm of in- strument in writing- in form substantially .las follows, fof^gSaMi- viz. : I, A. B. (father, mother, guardian, or nearest .rej.a- oSts.'e'tc., tive, as the case may be), of a (male or female,, as tjie to sign, case may be), infant child, aged , named , (or not named, as the case may),, born, at i,, , ,do hereby surrender and intrust to the New York infant asylum, for the period of years, the entire manage- ment aad control of such child, and do hereby, , assign to arid' invest said' corporation with the same powers, and control over said child as those, of Ithifch I am possessed. § 7, same ch. § i770. "Whenever any child of the. age of two years or Action rei- under, shall be , found on any streetj avenue, highway, slrtla'°chul , lane, alley, public place, dock, pier, Ivacant lot, or yard, flr^noftwo . ' "^ ^ . ".],., ',^ ' , . "^ , yearsold or. in. any vacant or uninhabited room, house^ tenement, and under, ished or building df any kind in. the city of New York, jj liabandoned or deserted, it shall, bq lawful for any police- man or other person, iso finding such child, to, take or cause i the/ isame to ibe. taken to , the. house, of reception that m^yrbe provided by aaidco,i;pDrati on in the city. of New York, and place, such, child. in tb©; .custody of , such corporation, thereupon i, making and subscribing . in a -register, , to bei; kept for that purpose i in said house, of reeeptfon by said corporation, an entry, in witjng,.dps- . cribing such child as nearly as may be, and setting ifopth ,with i parfciculaJity the time, and place when and wh^re, ■■■mthi the namd and residence of i the person; by ^hom, such child was so. I fottndM abandoned , or deserted. §.8, same ch. .li-- i ' .,, ,, ,..j , ,,, ,•(, i.i § 771. The said -torpbration,, shall, immediately tljere- Notice to upon cause a notice,! substantially iuithe following form, ^^p^nn"*' with the .blanks properly filled, and subsdribed by the ^™d™t »' ■ saperintendent of the said house of r^ceptiopi, to be fur- JepWon . nished toi the metropolitan police, commissioners, who dofterted*" 240 RELIEF OF THE POOR. Bhall canse' the sam© to. b6; posted in each of i the poliioe station houses, in said city, viz. : !> . Notice. — This ie to.' certify that a child of ^aboufthe age of , hair ' ' • , eyes , color/ f , , -, was on the' ■ daly of . i I ■ ,18 , found in theidity of New York abandoned or dese^^ted, and has been placed in the custody of the New York infant asylum, and' unless reclaimed according toi law, within thirty days, such child will remain in the charge and custody ■ of said corporation . > Dated I 18 , Superintandtat. § 9, ch. 106, 1865. ■ ' ^ ■'■ Proceed- § '7^2: If withifl Said peridd of thirty days aftei* such &,^*'' notice shall have been so posted, ^ any person claimina; to claimed. , ^e the parent or lawful guardian of such child shall make oath thereof before some magistrate of the 'city of New York, such magistrate shall thereupon issue a sum- mons to said corporation to appear before him, at a time and place to be specified, not less than two nor more than fdnr days froin the' service thereof, to lattendthe hearing of said claim for such child, and with i said i sum- mons shajl be served a dopy of the affidavit so made before said magistrate. Upon the hearing,- if th© claim- ant shall establish % competent testimony, to the satis- faction of the magistrate, that such claitaant is itbe parent or lawful gukrdiah of such child, Bbch magis- trate shall thereupon make an order for the delivery of Diwhat such child to such claimant. An^ the. ^aid' claimant td'bl?^'' may thereupon remove the said child from the custody SSod^lf of the said corporation ; provided^ ihowever, that; if it coiporation shall Satisfactorily appear to such magistrate that sueh claimant,' frbm habitttaL drunkenness, or other vicious or depraved habits or mode of life, or from indigence,, or lunacy, or other cause, isl an unht or improper person to have'the care' and custody of such child^ he ehali there- upon dismiss the said claim^ and remand such child to the care and omstody of said' corporation. And. in case upon the hearing the claimant shall fail to establish by competent testimony,'to the satisfaction of the magistrate, that such' claimant is the parent or lawfali guardian of such child,' then such magistrate shall thereupon dismiss the claim, and remand the child to the care and custody of said corporation. § 10, same ch. Time 111 §'773. Ifti csse no Such claina. shall; be made within ^"narJto ^^^^ period of thirty days, or being made within, that repain In period shall be dismissed by the ma^strate, then such con)orJt?on child shail remain and be deemed to be. in the lawful care and custody of the said corporation ^ if a female, until the age of eighteen years, and if a male, until the REiMEF OF THE POOR. 241 age 6f twerity-OTle^' yeai-B, Unless socyner discharged by said corporation as hereinafter provided. § 11, eh. 106, ^774. If at ally time Ivithin three yeafs after any in what child; sto found abandoned or deserted as aforesaid, fehall dren'toba have been intrusted to the custody of saftd coi'poration as paren'Sjeto above |)rovided, it shall ftppear to the satisfaction of the board of managers, or any justice of the supretae court, or coii'nty judge, that such child was, for any cause, wrongfully Or ifftprovidently so intrusted, the said board Bhalll therfeitipoii, on the application of the parents or guardian of said child, discharge the said child, and reStoi»e it to Such parents or guardian. And in case at ainy time after srich abandoned or deserted child shall have beeti intrusted to said corporation it shall appear to' the board of managers*, having due regard to the wel- fare of such child and the purpose of said corporation, expedient of prosper to dischdr^e such child, the said board of managers may, in their discretion, thereupon disttharge such child and restote it to its parents, guar- dian or other protfector, on such reasonable terms and conditions' as the' said board may deem right and proper. §1 12', Salme ch. §77^.- Whenever any child being in the custody of in what the saifl' corporation shally by the commission of ^^T arenmiyiDa criine or by confirMed evil habits, have beconie'so degra- delivered to ded or debased as, in the opinion of the board of mana^ Scf""* *' gfoisi,! to be an improper subject fo-* the care and m'^nage- nient of SAid corporation, the said corporation shaill have the power to deliver such child into the custody of some magistrate or Other competent authority of the city and county of NeW York, to' be disposed of in due course 6f law. §13, same ch. § 776. The ' said corporation shall halve' the power, powew of wlleii the children i# their care shall respectively attain :^°^°'^*o2f a proper age, to place^'them at suitable employments, chudren. and cause them to be instructed in suitable branches of knowiiedgby and! At discretion; to bind out or fn denture Bufch'chiidirem, wheW of suitable age(, as clerks, apprenti- ces or Servants to some profession, trade or employment, for such time' or pepiod as t"hey miay deem f^&fdfj'^noi' exceeding^ hoVever, in the case of girla;' to the age-trf eigJiteeri years, and in the caee of Soya, to the age of twenty-one years!; prdvided, however,' thatin' the case of dhildifeu' '(Voluntarily intrusted to said corporatJ6n by their parehts, guardian^ or nearest reliatives, als hereinbefore prbvided, the said corpor^atipir shall' not bind outjor in- d^ture' any siirob child' for a-petilod beyondflhe time for 31 242 RELIEF OF THE POOR. which BTich child has been intrusted to said corporation. § 14, ch. 106, 1865. AsBimment § 777. Ifo person to whom any child shall have been tnre'with- bound to service under the provisions of this act, or his of TO??ora-' executors, administrators or assigns, shall assign or hu>u?d"' transfer the indenture or contrabt of service to any other person, nor let or hire out for any period the ser- vices of such child, without the consent in writing of said corporation ; and, upon granting any such consent, the said corporation may prescribe and impose any terms and conditions they may deem reasonable and proper; and every such assignment when duly made with consent as aforesaid, shall have the effect to trans- fer to and vest in the assignee all the rights of the original master ; and such assignee shall be subject to all the duties and obligations of such original master. § 16, same ch. Indenture § 778. In case of the death of any master to whom deatt of *^ any child shall have been bound to service under the master. provisious of this act, or in case of the death of the assignee of any such master, then such death shall have the effect to cancel and annul the indenture or contract of service; and thereupon the said corporation shall resume the charge and management of such child and have the same power and authority with regard to it as before the indenture or contract of service was made. § 16, same ch. When in- § 779. Any indenture or contract of service by which may b" ^ny child shall have been bound, out under the provi- canceied. gions of this act, may, by the mutual consent of the master or the assignee and the said corporation, be can- celed and annulled upon such terms and conditions as may be mutually agreed upon ; and thereupon the said corporation shall resume the charge and management of such child, and have the same power and authority with regard to it as before the indenture or contract of service was made. § 17, same ch. Proceed- § 780. If any master or assignee shall be guilty of any iJf^craeity!' Cruelty or misusage toward any child so bound out to service under the provisions of this act, or shall refuse or neglect to fiirnish and provide proper food and clothing to such child, or shall commit any other breach or viola- tion of the terms of the indenture or contract of service under which such child is held, such child, or any person in its behalf, may make complaint thereof to the board of managers of the said corporation or to a justice of the supreme couri, or to some justice of the peace of the county where such child is held to service, or to the mayor, recorder, or an alderman, or any other magistrate EELIEI* OF THE POOR. 243 of any city where suet child is so held to service, wko ehall thereupon summon the said master or assignee to appear before them or him, and shall examine into, heaj? and determine such complaint ; and if upon such hearing thes said complaint shall appear to be well founded, they or he shall, by certificate in writing, discharge such child' from the obligation of service, and. restore such child to the charge and custody of said corporation, and with the • ' like powers as before the said indenture or contract of service was made ; and the said master or assignee shall also be liable to the said corporation in a civil action for the breach of the agreement. § 18, ch. 106, 1865. § 781'. The board of managers of the said corporation Dnty of shall be the guardian of every child bound out or held ^°"g °Jg for service under the provisions of this act, and shall see as guard- that the terms of the contract be faithfully performed by dentoe"' the master or assignee, and that such child is properly <=i'"d''™. treated. And they shall inquire into the treatment of such child, and redress any grievance in manner pre- scribed by law. § 19, same ch. § 782. Every master or assignee to whom any child Report to , shall be bound or held to service, under the provisions of ma™ra. ^^ this act, shall, at least once in every six months during such term of service, report in writing, to the board of managers of the said corporation, the conduct or be- havior of such child, and whether such child is still living under the care of the person to whom such child was originally bound, and if not, where and with whom such child is living. And all. indentures and contracts of service made under this act shall in terms provide for such report being made. § 20, same ch. § 783. All damages that may be recovered and re- Damages ceived by said corporation of any master or assignee, for J^^^J^'^^^ the breach or violation of the indenture or contract of to corpo^a- service by which any child shall be bound out under the for'cMid™'* provisions of this act, after deducting therefrom the necessary expenses of recovering and collecting the same, shall be held by the said corporation in trust for, and paid over to, said child ; if a femalOj at the age of eighteen years, and if a male, at the age of twenty-one years ; pro- vided, however, that if such child shall die before attain- ing such age, the said damages shall revert and belong to the said corporation. § 21, same ch. § 784 In each and every year after this act shall take supervisors effect, the board of supervisors of the city and county yo^^to of New York shall levy and collect by tax, at the same levy tax for time and in the same mariner as the contingent charges cSSlron!" , and expenses of the city and county are levied and col- lected, and shall pay over to the said corporation, the 244 RELIEF OF THE POOR. Amonnt for each child. When cor- poration to DC paid from emi- gration ibnd. ScboolB. Report of mauagers. What' It maat spe- clfr. STun of sixty dollars for each child under Uie age of tWo years, seventy-five dollai-s for each child over two and Tuoder ten years of age, and one hundred dollars for each child over ten years of age, (according to the ages of the children continuing in the house,) per annum, and j)rOi portionally for any fraction of a year, for each and every child which, agreeably to the provisions of this act, shall be intrusted to the care and custody of the said corpora- tion from the city and county of New York, and shall be supported and maintained by them : Provided, however, that the sum so to be levied and paid over for each child shall not in any case exceed the lowest cost of the sup- port and government of a child of like age, in any of the public institutions at present under the care of the com- missioners of public charities and correction of the said city and county of New York. And provided, further, that this section sliall not apply to any child, provided for in the next section, of this act. § 22, ch. 106/ 1865. § 785. Whenever any child properly chargeable upon the fund placed by law at the disposal of the commis- sioners of emigration, shall, agreeably to the provisions of this act, be intrusted to and supported and mainiiained by the said corporation, the said corporatiojii shall be en- titled to receive from the fund the sum of sixty, seventy- five, or one hundred dollars per annum (according to the ages of such children respectively,) and proportionally for any fraction of a year,, for every such child ; provided, however, that in no case shall the sum so to be received exceed, the lowest cost of the support and goveitriment of a. child of like ageiin any of the public institutions at present under the care of the commissioners' of public charities and correction of said city and county of New York. § 23, same ch. . § 786. Schools may be established and maintained by the said corporWion, and shall participate in the distri- bution of the common school fund in the same manner and degree as the common sehoola of the city and county of New York, and the amount so distributed rfiall) be paid to the board of manageraof said^ corporation. §i 24, same ch. § 787. The board of managers of said corporation shall, on or before the fourth Monday in Janua/yin eaieh and every year, make to the legislature and; to the boafd of supervisors of the city and county of New York a de- tailed report of the whole number of children received by the said cpcporation,, during the year preceding, speci- fying the, age, sex, residence, place ofu nativity, and also the natiojiality of parents^ when it can ba ascertained, and whether thei parents are llvsing or dfiaidi are temper- RELIEF OF THE POOR.- 245 ate or intemperate, and as to all tlie children in their charge during the preceding year, specifying the time devoted to mstruction, the natnre and amount of pnnigh' ment, the cases of disease, the number apprenticed or bound out. to service, the number escaped, the number of deaths,, the number restored to parents or gu?,rdians, or otherwise discharged, and also such information as they may have received of the condjact of those whp have been bound out or apprenticed, as well as the f^cts geneijaMy.in relation to the. performance o^f their duties by those at service ; also, the industrial occupations and pursuits of those at service ; also, the receipts, expendi- tures and financial condition of the corporation, and its general operations, with their results. § 25, oh. 106» 1865,. § 7S8., The asylum and house of reception of the said.f^^Pf^'J^"^^'* corporation shall; be subject to visitation ^.nd inspection Aspect asy- by the board of supervisors of ;tbe city and county of '™*'**°- l^ew Tqrk, , in, any reasonable manner that- may be directed by said board of s^pe^visors; and it shall be the duty of said board of supervisors to cause said asylum aij^. house of reception to be visited and inspected at , le^et twice each year, ■§ 26, same ch. .. ' i;§ Y89. The board of, managers ofsaid corporation may children recieive children in said house ipf recepti(i)n similarly ^tia-r^o°^tieB^' ated, :^oro other c0;UAties. in this statfl,t upon suchternis. as may be agreed upon between them aod the superin- tendents of the pooir of such counties respectively. The sviperintendients of the, poor in, the seyeral counties gJji^JJ. have the same power to send children vvoder such agree^, ment to said house of reception as the said n?ajiag^W.' have under this act; and all the provisions of tjiis ^t , _^ ^^ shall apply to (the c,hildren pfjigaid' comities. § 27, -,'] same Chj.i" ■ :> • ' ; !; ,TJ : ' ■ §. 1Q0,. Tke board- of supervisors of ;the, city and county Board of of IfewTork, shall levy and collect by tax, in the yeay, s'jPji'^BorB pne thousand eight hundred and '.sixlyr nine, aiid every city to coi- year thereafter, at the same time and in the same map-- ^won of" ner aa thei contingent charges .-and expenses of the city; ^^o^^'ffia' and county are levied and coljl^fit^,- and shall; pay over gjjf^fg^f* ' to the nursery and child's hospital. §'806. The children instructed in the schools connected to draw With -the houses aforesaid shall be entitled to draw an "hoolfand! annual apportionment from the' common school fand of -the city, under the direfetion of the board of' educatiofe a;ecording to the average number in attendance, in the sanie manner as do the children of other benevolent asy- lums, and the common or public schools of this city and state. <§ 7, ch. 244, 1849; as amended by -§ 2, ch. 159,1861, ' §806. In' case of the d^ath or legal incapacity of a onardians falfher, or of his imprisonment for crime, or of his abaii- ea ohu^en.' 'doning and neglecting to • provide for his family; the mother shall be deemed the legal guardian of her gMI- dren for the purposE! of making such surrender as afore- said. And if, in any such case, the mother be also dead, or'legally incapable of acting, or imprisoned 'for crime, or shaii have abandoned oMieglaetedto provide for her child or children, the mayor, or' a goivernor of the alms- house, or surJ-ogate of ]>few York, shall be; by virtue of '• his office, the legal guardian for the like purpose, ''and' BO in 6,11 cases -where it cannot, by diligent inquiry, be ascer- 32 250 RELIEF OF THE POOR. tained that there is, within the state, any parent or other person legally authorized to act in the premises, the said mayor, almshouse governor, or surrogate, shall be, ex- officio, such guardians for the same purpose ; and such guardianship shall extend as well to children already in the home of the said society as to those who may here- aft r be offered for admission or received therein ; and, in either case, whether such surrender be made by the mother, or by the mayor, almshouse governor, or surro- gate, of said city, and whether before or after admission into the said home, it shall be deemed a legal surrender for the purposes and within the true intent and meaning of the sixth section of this act ; but no surrender by a mother, as provided by this section, shall be valid with- out consent of the mayor of the city, or surrogate of the city and county of New York, or a governor of the alma- house. § 8, ch. 244, 1849 ; as amended by § 3, ch. 159, 1851. Si^en. § ^^'^^ Whenever any girl under the age of fourteen, or boy under the age of ten years, shall be brought by any policeman of the city of IsTew York before the mayor or recorder, or any alderman or other magistrate, of the said city, upon the allegation that such child was found in any street, highway or public place in said city, in the circumstances of destitution and suffering, or abandon- ment, exposure or neglect, or of beggary, specified and defined in the eighteenth section of the act entitled " An act relative to the powers of the common council of the city of New York, and the police and criminal courts of said city," passed January twenty-third, eighteen hun- dred and thirty-three, and it shall be proved to the satis- faction of such magistrate, by competent testimony, that such child is embraced within the said section, and it shall further appear to the satisfaction of such magistrate, by competent testimony, or by the examination of the child, that by reason of the neglect, habitual drunken- ness, or other vicious habits of the parents or lawful guardian of such child, it is a proper object for the care and instruction of this society, such magistrate, instead of committing such child to the almshouse of said city, or to such other place, if any, as may have been provided by the common council thereof, in his discretion, by war- rant in writing, under his hand, may commit such child to this society, to be and remain under the guardianship of its managers, until therefrom discharged in manner prescribed by law ; such commitment shall be by war- ^ rant, in substance as ibllows ; Form of To J D , oue of the policemen of the city of ment. *' New York : You are hereby commanded to take charge of E , a child, under the age of fourteen, who RELIEF OF THE POOR. 251 has been proved to me, by competent evidence, to be em- braced within the eighteenth section of the act entitled " An act relative to the powers of the common council of the city of New York, and the police and criminal courts of ; said city," approved J anuary twenty-third, eighteen hundred and thirty-three, and who also appears to my satisfaction to be a proper object for the care and instruction of the managers of the American, Female Guardian Society, and shall deliver the said child, without delay, to the same society, in Thirtieth street, between Madison and Fourth avenue ; and for so doing this shall be your sufficient warrant. Dated this day of eighteen hundred But no variance from the preceding form shall be deemed material, provided it sufficiently appear upon the face of the warrant that the child is committed by the riiagistrate in the exercise of the powers given him by this act. § 1, ch. 249(''), 1857. § 808. Any order so made by any such magistrate shall ordere to be executed by any policeman to whom it shall be de-' by p^uc"**" livered by the magistrate by conveying the child therein "on. named to the home for the friendless, and such, child shall be detained in said home until discharged or re- moved therefrom in the manner hereinafter provided. § 2, same ch. § 809. Immediately upon the making of any such Duty of order, the magistrate making the same shall deliver to a ™*8'»''»*«' policeman of ttie city a notice, in writing, addressed to the father of such child, if its father be living and resi- dent within the city, and if not, then to its mother, if she be living and so resident ; and if there be no father or mother ot such child resident within the city, then addressed to the lawful guardian of such child, if any, or to the person with whom, according to the examination of the child, and the testimony, if any, received by such magistrate, such child shall reside ; in which notice the party to whom the same is addressed shall be informed of the commitment of such child to the said society, and shall be notified that unless taken therefrom, in the maur ner prescribed by law, within ten days after the service of such notice, the child therein named shall be deemed legally surrendered to this society, for the purposes and within the true intent and. meaning of the sixth section of its act of incorporation^ passed April sixth, eighteen hundred and forty-nine. § 3, same en. § 810. Such notice shall be served by the policeman to uotuee whom it shall be delivered by delivering the same to the howsemd. * An act to amend an act entitled " An act to Incorporate the Axscr'ciui Female (JftaardiiUi Society;" paesBd April 6, 1849 ; jiaased Aprils, 1867. ' • 252 KELEEF OF THE POOE. Further du- ty of magiB- trate. Want of proof. BHnal order. Commit- ments for insufficient cause. party to twhora it shall have been addressed, personally, or by leaving it with some person of sufficient age, at the place of residence or business of su"-"- misusage, refusal or neglect to fur'nish necessary provi- sions or clothing, or any other violation of the tevms of indenture o*' contract toward any such child, so inden- l&red, such child' tHhy^ make complaint thefettf to the board of managers of this 'society, or td any justice of the peace of the conmy'in' which such child issO' indenturied, OT' to the mayor, recorder or' aldermen of diiy city in which such'. child is bound to service, o* tV'ilny sucb offi-' (ter, who shall Sriimmon the parties before Mm and exam- ine into, hear' and d'Stermtine the safld eoiii^ftin't ; *and, if upon siich examination the said dottlplaiht shali afppfe^r well fovlnded, such officer shall, by ^eitifieartSe' wnder- hisi hand, discharge siTch child from MseMgation df ■ ser'««ice, and restore him 6f her to the ehafrgti and management of this society, in the sam« manner", and wiCh Uk^ powfe*»^ aa before the indentlire of such child. § 10; sime ch. .§817. Whi^re -children are indentured, the' guardiiani Duty of may be fej^uired, after said child'i'en ^a.11 h'a\^:attalifle(i e""*"*"- the age of twelve years, 'to plac^'anfAfiiaWy i'n 'i\i& t^easufy of the American Female Society th^ S'linr of ten d'ollai's, which shall be. the legal property of such children. If ^ gii*l^ the aggregatej 'making si^^ty' dollars, shall b&paid to Amonntato her wheri-ahe has attained the ag^- of eigMeeW ycai'^&i and ^v<^^^- if a boy,' 'the annual paym-Shf/ itiaking ninety dollars^ shall be paid to him'^lf^iitvrenty-oHe yealrs'Of age'j'tfae'se respective' sums shall be' dtely ei*edited to said fcMldrertj upon the books' of the s^cicfty, aind i'eeeipta &i thei}*s|)le»(lt>» iv& payments plat'ed' in:' the hands- of the guatdian' fat safe'kee^i'i^.' ^'11, same .cfc § 8M' ''lW9fbrdard of managei's' of this socidiy shall fee Duty of the'*ftai-dl'ani'bf eveiJy child indentured by virtue and in """"Be' managerai 254 RELIEF OF THE POOR, pursuance of the provisions of this act. They shall take care that the terms of the contract be faithfully fulfilled, and that such ward be properly treated ; and it is hereby made their special duty to inquire into the treatment of every such child and redress any grievance in manner prescribed by law ; and it shall be the duty of the guar- dian to whom any such child shall be indentured, and he shall, by the terms of the indenture, be required, as often as once in six months, to report to the said board of managers, the conduct and behavior of the said appren- tice, and any thing of special interest pertaining to his welfare. § 12, ch. 249, 1857. Society for § 819. The pcrsous hereinafter named, and such others deltunte"' ^ ^'^^ ^^^ °^ hereafter shall become members of the chudrenof socicty herein mentioned, shall be and are hereby coiisti- eeamen. ^^^q^ ^ body Corporate, by the name of " The Society for the Eelief of the Destitute Children of Seamen," whose object and business shall be to afford relief, instruction and protection to the destitute children of seamen in the city and port of New York, it being the opinion of the legislature that the objects of said society, in relation, to the holding of property, cannot be obtained under a general law. § 1, ch. 296, 1851. Matron and § 820. The board of managers shall have power to ap- aBBistantB. point a matrou, and such other assistants as they may deem necessary in conducting the domestic and internal concerns of the society ; to make by-laws and regulation* for the •government of their own proceedings and those of the persons so appointed ; to govern the children com- mitted to their care, and to prescribe the course of their instruction and management, to the same extent and with the same rights as exist in the case of natural guardians; andj with the approbation of the board of counselors, to devise and adopt a constitution for the society, and the same again to repeal, amend or alter, as in their judg- ment may be necessary or proper : Provided, that sucn by-laws and constitution shall not be inconsistent with the laws of this state, or the declared objects of this act. § 7, same ch. Binding ont § ^^^- ^^ ^ °^®s where a child shall have been sur- of chudren. rendered by its natural or other legal guardian to the care and management of the society, by an instrument or declaration in writing, or where it is not known that there is any person in this state legally authorized to make such surrender, it shall be lawful for the said board of managers, in their discretion, to bind out such child to service in some suitable employment, and to some proper person or persons, conformably to the laws of this state in regard to the binding out of indigent children ; and it RELIEF OF THE POOR. 255 shall be the duty of the said board of managers to see, as far as practicable, that the contract or contracts for such service are properly fulfilled and performed in this respect to the children who may be bound out as afore- said. § 8, eh. 296, 1851. § 822. The objects of the [St. Joseph's asylum, in st.JosepV6 the city of New York] are to support, maintain and QemTi/" educate, in useful knowledge and employment, poor chudren. orphan, half orphan, homeless and neglected children, especially those of German origin. Part of § 1, ch. 3Y8, 1859. § 823. The board of managers may receive and pre- Managers scribe rules for the admission into the asylum of any 3a«eB,etc. child or children, and shall have the custody thereof; and shall have the power, with the consent of the parent or guardian, if any, and if none, then without such con- sent, to bind out any such child or children to serve as clerk, apprentice or servant in any profession, trade or * employment; if a inale, until the age of twenty-oine years, and if a female, until the age of eighteen years, or for any shorter time. § 6, same ch. § 824. The Roman catholic orphan asylum, in the city ^o™*". of New York, and the asylum for the relief of the chil- i)hau°asy" dren of poor widowers and widows, in the city of New °™' York, are hereby united in one corporation, by the name of " The Roman Catholic Orphan Asylum in the city of New York," the objtet of which shall be to support, main- tain and educate orphan and half orphan children. § 1, ch. 250, 1852. § 826. The board of managers may receive and pre- ^"^^|" scribe rules for the admission in the asylum of any child boSi/ont. or children, and shall have the power, with the consent of the parent or guardian, if any, and if none, then without such consent, to bind out any. such child or chil- dren to serve as clerk, apprentice, or servant, in any • profession, trade or employment ; if a male, until the age of twenty-one years ; and if a female, until the age of eighteen years, or for any shorter time. § 6, ch. 250, 1852. § 826. All the real and personal estate, at the time of Title to real the passage of this act, belonging to either of the aaj- Jfestate.""' lums mentioned in the title hereof, is hereby vested in the corporation hereby created, in the same maimer as the same was heretofore vested in said asylums respect- ively. § 6, same ch. § 827. The said corporation is hereby authorized and Netincomo empowered to take by gift, grant, devise or bequest, and "eea tlo^' hold, mortgage, sell and convey any real or personal "<'<'• estate ; but the annual net income thereof shall not ex- monejB. 256- RELIEP OP THE PQOR. ceed the sum of thirty thousand dollarsj and the eame shall be; applied to the purpose for which said corporation is creaJBedi AH conveyainces of real or persoiial estate,, or of any intefesfc therein^ by gift, grant, devise or be- quest, heretofore or hereafter ma,de to either of the asy- lums mentioned in the title of this act, by whatever name, and whether the same may have yet taken effect or not, shall be good and validy to all intents and pur})o- ses^ to vest the legal title^. as intended by such convey^ ance^ in the corporation hereby created. All laws and parts of laws whereby either of said asylums was enti- schooi tied to any share of the school moneys or other public fmids shaiU alpply to th« said corporation, hereby crea,ted,. in the'*same manner as they would have applied to said asylums, '-or either of them, if this act had not been passed. § 7, ch. 260, 1852. Roman § 828. The manalgers of [the society for the protecti who may be committed to the care of suc^ corporation as idle, truant,, vicipus or homeless children, by order of any magistrate in the city of New York empowered by law to make committal of children for any such cause. 3. Ohildreriy of the like, age, who maybe transferred at the option of the commissioners of public charities and correction of the city of Kew York to such corpora- tion. § 5, same ch. Care of § 830. The saiid corporation shall have power to plac* ehudren. tho' children in thfeir care at suitable employments, apd cause them to be instructed in suitable branches of use- ful knowledge, and shail have power, at discretion, to bind out the said children, with their consent, as appren- tices or servants, during minority or any, less period, to such persons,- and at such places,, to learn such proper trades and employments as shall be judged most condu- cive to the future heae&t and advantage at" such childreu, RELIEF 'OF THE POOR. 257 I and any ^Tsori, to ■whom any such child maybe bound, Ihall' execute a bond! tb the said corporation, in a suffi- cient penal aiiionntj bonditioned for tne good treatmeit ■ bf.'sueh child, and to > instruct, 'oricatise tohare'bira'br '^'ii'^';;^^ her instructed in reading, writingratid arithmetic,' andto ' , "' give Such 'child^ at the ' expiration' of his- or hfer a'pprfentice- ^j;./,I7?3 ship, at: leiast bnfe suit of new olothesj and iive dollars In )" - mondy ; fw»d the said corporation rastj insert in the indfeh- tures of apprenticeship such claufeesi 'and agreements as the poor officers, lahithorized tb' bind out 'children,' rare empowered ' or. reqiiiredi to insCrt in like indentiirdft. §' 6, •ai.*448,.1863. v_ ■ : ,'.;■. •:■•■■■ ^,]t '§!8S1. Children' antcHsted to this corporation, byl the Form of voluntary act' of their parents or guardians, 'shall ibe t^eJla?' deeined to be i'n the" lawful charge and custody of the rents and said corporation ; and such intrusting shall be evidenced ™'^°™ by a writing iri form,, substantially as follows, viz. : ' ' .^ I, A. B., father (mother or guardian as tlie ca,se may -be) of CD. (a boy or 'girl), aged'* years, bcil?n in ; . ;'; ' , do hereby intrust 'to 'the'' Nexv^York society for; the protection of destitute Roman Catholic childr-eii , in the city of New York,' for the.pferiod of ' "' years, the entire charge, management and controlof tlhesaid C. D.!, anddohereb}"- assign to and' invest the'^id corpora- : tion with the samfe- powers and control over' the said C. D.tas' those of which' I am possessed." -In presence of. f-?, sdme sk ■ ' ' ■; •>■■.■ ■■" ii' §832. Whenever any child, above ihS' age of'' seven Certain and under the age of 'fourteen ydarsj'shaii'be brbught by children any policeman'.' of the city ^of .'Ne#' York before! any ta??to^bf' mamstrate'of said city, upon 'the/allegation^ that such ^^^^f'"" child; was found iri any'>wayj' street, ' highway or 'f/ublJc '■ • .'pla'ce in said city, in I line 'circumstances '.6f want and Bttf- -: ,fdring;i or abandonment, exposure 'ior neglect, 'Or of 'beg- -gary, specified or defined inthe'eighteenth SteCtSbri of the act entitled- *' An axit 'i-elative io the powers of 'thfe coin- 'riion Council of !the city 'of 'SFfew York and' the police arid criminal feorirtsi^f said city," passed Jan bkfy twenty- third,: eighteen huridred and thirty-three, arid it shall be proved to lihe' s'fttisfa'dtiori of such mdgistrate, by compe- tent testimony^ that sja'ch child is embraced within the said section; and it' ehall further appear to thfe satisiactidn of isuch magistrate, by competent testimony, or by |h« eisataination of the child, that,' by reason of the n^l^t or vicious habits of the parents, or dther'lawfril gUardistU of ffnch child, it 'is' ttif'tfypQV object for the' iJarS 6f this eorpiorafcion^ such tnagistFaiSe, instead of committing such -Bfiild toith6';id«iB houB^iof'saidftJity; or'sucfh 6tKer'iplfec6, if any, as may have been provided by the comraion cb'O.ri- 33 258 RELIEF OF THE POOR. oil: thereof, in hisifliadretion, bywarrant,in WMjtmgy nnder hi& hand, may (J9mmi(! ■ sodi child to this ooriwratitmlto be and retnain Biider itsi care until therefronliddscbarged Eegaution in manner prescribed thy .law; such commitment, shall j be "'°"™*"^" bjf warrant, in- substanee aa follows : •-,'•■. Pom of . " To A. B., one of the poliqemen of the city of ITew ment. Torfc : You are hereby eommanded to take charge of C. D., a child, under theiage of fourteen and above the age of seven years, who hak been prowed to me, by compe- tent evidence, to be embraced within the eighteenth sec- tibn of the act entitled ' An act relative to the powers of the common council of the city of New York, arid flie ,, ) police and criminal idourts of said city,' iapprovdd -JfHiu- ary twentyithird^ eighteen hiinfired and thirty-three^ and who also appears to my satisfaction to bie a proper object for the care of the. corporation created by an ac|; entitled 'An act to incorporate the society for the protection of destitute Koman Catholic chiidrem in the city of If ew York)' and to deliver the said child, without deUy, to the said corpor^ion, at its house of reception in this city; andj forsd doing, this Shall be your sufficient warrant. Dated this d^yof '., eighteen ." §8, di. 448, 1863. Dntyofpo- §833. An Order SO made by any such magistrate shall iicemen. be laxBouted by any policeman to whom it shall be de- livered by the! magistrate^ by conveying the child therein named to the house of reception to be established by this corporation, and such child shall be detained in Such house of receptiotl until discharged or removed therefrom in the manner hereinafter provi'ded. § 9^ same ch. »oticetob« § ^^^•. Immediately upon the making of any such order eenred on thft mf^istrate making the, same shall deliver to a police- cMufor'iu man of the city, especially detailed for that service, a gnwdian. ^QtiQe, in writing, , addressed to. the father of such child, if its father be Mving and resident within the city, and, if nott' then to its mother,' if she be living and so resi- dentj and if there be no father or mother of such child resident within the city, then addressed to the lawful guardian of 8u?h child, if any, or to the person with whom^ according to the examination i of the child, and the testimony, if any, received by such magiabrate, such child shall reside, in which notic6 the party tW- 259 § 835. ^.UQh.pjol^fPj sl^all l)§,^ery;^„ i^Jit^P policena^Ji Manner of party to.whofn, lii,plij^l il^ave been, at^dre^ped," ,p^r.60i?ally, - oj;.by leading; it.witli'89itv?,,p^§QP, of ^fi^9fent,ag^,_, ^t the place, pf residence ,9jj.)3;v)^ii»i^68,.Q|^^uch partjf ; af}f|,itj shall be the duty of sucli policeman immediately to report, tlje f^ct, an^, %^&. tiipei ,£in4 , manner of ftach,ser\rice, to the .m^,gi8ti;»te, ,and en1|er Jnia.book, to be provided for, that ! shall,! io ,all, Qas?9j, be; ^videncp of the propej-, service, of such pptice.; , ,trtienever» i^fter cJtrpful ^.pd dfligent ,?e^rcji ftud inquiry, ihepPioUcpnaan, wh,o^^ duty it \7fts to serive the jiot,ipe,,a:boYe described, gh^,!! not, iVye found ei.tfeer the father,! ]?iq|her,, legal guardi?^ or person with^\vhom, according to i^^ ex3,n}inatipp of the child, , and tjjg testi- mony, if any, received Jby, such, ifli,gistra,t6, such child shall lia;^:^ resided^ it shall be tiie dpty of tlie puperintend- eut of the house of ,ireC,eptiotf; to c^ug|e , the following notice, with blan|£8 properly filiei^jip, to be posted up in a cpuspicpons ptacft in, 1^e,po^ipf;: station hopse, nearest .tjf e alleged residence q^ the, o|"A > .,, !Not^ce— Jljiiie .is to ,c,ertify ^j^^t ,, ,, ,, a child of Formoffao 'about the age of '^ yearp, |' , hair,,, .,pyee, com- """• ple^tipn,, J in height, and i^i^ tp.Pe of • descent, ■yvas pn,tlie , ,, day of , , eighteen ,[Com- ' fo' . ; to th^ houseof Jreceptippof " Tbe Society for_ the Pjro,tect;ion;of.,Pe?,titvite Jloinan Catholic Cbildren in jie city of Kew Yprt," and .that, .after par^- fu], search and, inq^irj nj^^e by , neithpf the parent, legal, gjwdians,,tijtr persops witji whom ^^jd; , J, ,, is airpge^ 1^0. j^ave, resided, can, be found. ., , . .jK^w Yorfe, ,; jj-j eighteen ^ . ! . I i , . , - - , I, . , Superintendent, ■^p^ ijb'e posting ipfs^d notipp, as abpve ,veqnired, shall ^^, de,eDjie4i as equivalent;, tp havjng <}ply .efiry,^df i,J, ,on the patejut or guardi.an.ftr person witli,wliopti ,t4p,,9til.4 ariegjed he ox. she nad resided, in ca^fis where they o,r either qf them co.uldW found.' § 11,' cb. 44.8,, 1^,63.., , § ^% Ji the party to wlioii^ any 8p(?b m\w shaH h^ve ^^ ^^^^ oeen addressed, or any other person, ,shall, within the to ije deiiT- time it^^fie,ip sp^cifle^j PW® (^-Prthp, satisfaction .of tlie JcntOT^*" cptnin,'i|ttip^g, magistijate tK^'f jt^d, uip(^»;istfti;ice8, ,of ,\iijfknt''8'*'5,**»^^^ ^.nd'su^^r^ng, pr pther .qir/jamp't^ppes^-.above |de^cjrib|e^, '■•«;; upde,r whjpji spch phild,shal],h£(y;e been, foj^pii, have pot ''X'^v: j^e^n' ,p^p^8j,one4 by thp ,ha|)}tual, peglei^t or.miscopiSuct ,,pf the p(arents jO,r. lawfu] .gu^yjiiap of spch.fihiljd, th^p |it ,8^all be the duty qf,rticlt.,piagt8,f;rate, by.prpsi| in writing, 260 RELIEF' ^F THE POOR. ; addressed to tjie superitjtendent of the house of reception of this c!6rpoTktioo, to direct such Supennteudent tode- liyei' siifch - child to the cuat'ddy of the party named in Such ordfer, who ahair thereupon "be entitled to take such child frotti the' said hohSe bf rtiception. § 12. ch: 448, ■1863:' ' • ■ '"""• ■ ■ ^' •'■ When child § 837. If stich pro6f shAlI liot be produced within the moTedftom ^'^e abovc ptescrfbed, it Shall be th6 duty of'thb magis- honseof re- trate by \^hoill' the child shall have been dominittea to the'asyiimi."the house "of reception, to luake and trarismit to the superintendent iherCbf a hotice, iil writing, to' th'dt effebt, and thereupon 'the .child liatned in sucjb notice shaTl be br any chfld between th6 aides' of seVen and foitrteen years, about to be finally committM for any of the causes specified in tlife precediUi^ sectioi^y of. this act, shall request the naaajistrate to commit such Irihild to'said corp6rati6'n, it shall hh the duty of sutjh iha'gistrate so to comihit such child.' §,'13,.'eAttie ch. " whenchUd' '§'838. If, ' at' fliiy 'titue after a .'6hild' shall hare bfeen charged' 'c6mmitted to the Bajd corporation, as above provided fbr fromasy- inthis act, it shall be- made to' appear to the satisfkctidn - W- ,«. ! pf ^jjg gj^jjj corporation that such child was, on iiisiifficient catise,i falsfe^-'b^ defident testitaony, or otherwiiej wrotig- fally or improvideijtiy'so committed, xHe said corporation shall, on the ajipjication of the pai-ents, guardians, 'or other protector of such child,' discharge the child fi'ito the feiaid'asyluth, ahd restore it to slich.paretts, guardiap, or* protector; and, also, 'if, aft6r a child shall have been . pfoperiy committed to the said cbr|pi, ,^ § 84-2., It shall be the duty of the: common council of D«)y, of the city of New Yorfc, by committee or othervyise, in its come™" diser^flion, ito.visit and inspect the said asylum of said ., . corporation t^i^ie, at least, in each year, and the mayor. Mayor, etc. re<;ov4er land comptroller of the said city shall be, es toi>f«- ' ii • !• J.I. ^ -J • J.-J. ±- ^ io 1. officio man- oihcio,,irnanager8 or the Baid institution.;. §:io, same ch, agets; , §843, "The Society for the Pnetection; of Destitute TBkriyr«Sm Homan; Catholic Children in the;city of ;New Jorlj:." sfaall t\%^^ be, entitled to reoei.ve the, sum of fifty thofljsand dollars, ^^^"^'^^"i^y provided ..a like, amount, is contributed by private oontri- 26^ RELIEF OF tM POOR. for the pro- butioii toWai^d the erectioii of the buildings necessallj^ for deftitnte' the purposc pf its Corporation, and also' yearly the sum caSe df fifty d6llara per capita, on aVterkge Of 'pfersbtib annually cuudw^,lBl niaintained iii its institiitionj^^ and' the board of BUper\>is- n'Iw^o^. ors of the c'onnty of NeW Y'oi^k ai-e hereby 'ant1l6rfz*d - and directed to ibvy the' siaid snnl of fiifty'tho'nfea*"*! dol- lars and the said aiiniiAl amounts, yearly, and the comp- troller off the city of ITew 'York to draw; his' Warrant for the said several amounts to the said society. ' ^he aver- age' number of persons thus maintained shall be aseer- talneid by the examination and testimony, under bath, of tli4 president ot secretary of said society. § 1, ch. 647, 18^6:" ' ■-'•' " " ■■'' ■ ■' •-■" Id. ' § 844. The Society for the protection of destitute EoQian Catholic children in thfe city of New York shall be entitled to receive yearly the Btim'Of Sixty dollars per • capita, in addition to the amount pei* dapittt provided and granted in and by the first section Of chapter six hundred and forty-seven of the laWSof eighteen htindred' and sijity-six, ob the average ntttfibet of persotls tanuUylfaain- tained in its institutions ; which 'Said BiJ^tydoUftrS per capita shall *be annually raised and paid oVer to said society, in the same manner as is jluthorize'd and dii'ected in and by the said ' first section of said chapter six hun- dred and forty-sev«n of ^e liaws of eighteen hundred atid sixty-Bix, in aoeordAnce With the provisions of which' said act the average nutoW of pertomsbhkir alsd be ascter- talhed: § 1, chj 428, 186T. '' "''' '"** Real estate, § 845. The Said society may locate its buildings within rachloci" any part of the metropolita'n police district of thiS'state, ' ty to locate provided ftlWay 8 that it shftll keep sind' ntai'n'tai'n d' httuse togi. of reoeptibn M the city Of USTew York ; Wld My lands within said district which such society tnay heretofore hav& purchased shall b6 vested in • and belong to said society in the same manner and with th« same feflec't, to all intents land purposes, as ' though 'the same had been purchased by and conveyed to said society aft6f l3ie pas- sage of this act. § 2, ch. 647, 1866, Exempt § 846. The real and personal estate' belonjgfng to, and tion**"**^ used for the' charitable pnrpoH^ of, sai& '^socJitMHi shall be exempt frotn ' taxation. § 8, Bamb eh. ' '' ''■ Hebrew be- § 847. Tlie triisteeS', forithie time being, of the [Hebrew asytamiu / Benevolent arid Orphan Asylum Societyof the city of New to taw"*.- York], shall haVe thb sole and exfelusive'Custody and cbntrol MStrofSf of the persons of such orphans, hatf-iorpban^, or indigent ceitainchii- Children, of the age not exceeding thjrtfjea yfearsj as they ""• may agree to maintain, pixj^rjde tor, educate ^hdinstrHet during the minoi-ity of such Ol^hans, half-orphans and'indi- gent children ; p*o*^ded ^at; in l-^fWct to an;^ orphan, its RELIEF OF ' TflE POOR, i 263 le^al igtKi^di«k or aeairest relative, 'or Ojie ©f the govern-' ors of the almshoiusei ail^ ih' respect to aiiy half-orphans aftd' indigent chiidrep, tbe'-jjattentb ■ or sufviTiilg parent, . ^u' 'j,„'i','„( or leg^lguardian, shdll conseht, in writing, tbsnch child ■'';:;■"' being maintained, provided ft)!",' educated and instrtioted' jii-.« by said 86di©ty,,orthat such half-oi^hanor indigent (hhild > '" ', shairbe committed to the care aiid custody: of said society, by any court, magistrate, or police justicfc Of ^ the'" city of New York, in any case where such court, magis- trate or police justice shall acquire jrfrisdiction, under any law of ithis state, and iii such ease' such court, magiS- ■ trate, or police justice, shall have the like power and'' authority, with the consent' of jsaid trustees, to conliiiit to Bommit- theeare and custody of said corporation, as dan now beJ'/SSd^to escircieeddn regard to any other pntjlic institution j and' sicu asy- the said corporation can, by agreement and transfer from ' ev^ry other ihstttution having the legal custody of any ' orphan, half-orphan, or indigent children, obtaiu the ca^re and custody of jsudh child or children, in liifcemanner as bysueh aforesaid' consent or commitment ;' ahd the said trustees shall have power and authOriHy, 6n the arrival -. of anysach orphan^ Half-orphan, bri'fiidSgeitt'child, at the agei of thirteen years and ■ 'upward ■ to Mfl,d the>aar ottt' to be ^ taught and ! instructed in sonae necessaj'y or useful em- ■ ploymeit^ dn such termp^ and ' restrictions, and tO such perfedns, aind upon suich con>dition9,i as the said trustees may deem proper j and the eaid corporation is hereby y„^g„ ^^ vested, inl respect to lihe 'persons' of ill such orphan^, half- asyi^qver orplians and indigent children, wMh all' the powers ahd^^anteVss autJiorify conferred iipott; the S"ew ¥oi*k Juvenile "Asy- >^™t8!' lum, by the 4ots passed*; Junei thirty, eighteen hundred '' and fitty-onei,Mpfaissed Juljfi' eighteen, eighteen hundred ahd fifty-three, : and passesj' Ajlril -seventeen, eighteen hundred and fifty-four, as' far as they are applicable tot this Bection; § 4,ch. 316il86()iiaH mddified by chJ 21,1870. I'SiSJ. The mayor,, aldermen and commonalty of the Mayor, etc., city of New |¥ork are hereby aathorizedi and empowered cu mty^^ tO' grant and bonvey.to said society, in ; fee or btnerwise, iconvey and withonlil first! exposing the same to public sale, any ij^iltJP lands or real. estate in the cityand county of New Tork which they may depm proper, and oni soich conditions as tbey may deem lieCes^ary, far the erdctibn of a biiildiiig for an asylum for such orphans, half-orjfli^s and indi^eqt children.. §'5j 'Same .di». J ■■.: 'h' :','{•'.' ■'. • ..' i,.w ,;;,• §[849. The natae of the society incorporated by an act i"HebWw ' passed Apriielev«3th, one thousand eight hiMffidred and ,^'^§'n|?^' thirty ^one, as the Society for the Emication of PoorieJuinBsdto Ohiidren and the Belief of Indigent Persons of the Jew- isij) persuafiion, is hereby obauged to ishstt o|f thd " Hebrew ! » By 1 1, ch. 6.S6, 1870, this Society and the Hebrew Female Benevolent Society of the Congregation Sbearith Israel are conaoliclated into one society, to be known as the '• Hebrew Belief Society." 2^4 RELIEF QF,THE POQB. R^ief Socwty," by which n^me it , shall be .hereafter designated; and known, ; § 1, ch. 90, 1861. . . > The Metro- §85^1. The metropolitan fir© I departHjentvis hefebiy SepSfment authorized, empoTf^ered atid directed to, set ajsart and pro- ontof wlfa't nde, as a ftindfor thethene^fit and relief, of sick, disabled totepro- or indigent firemen iBJK^r said department,, and, to aid in ^' * ■ supporting the &.mily of any deceased : fireman Whose decaease was the immediate result of accident or injiiry received while engaged in the performance of any dutjt , assigned by said department, all fines and penalties that said department now or may hei?eatler be atithorized. to/ recover under auy law of this state, ahd also ill jfines imi pose^ by said department .upon, any of itp^ officers, agents or firemen, by way of discipline,- in deducting the sania ! ifrom the salary Of /Such persons, ire^pecfetyely, for, viola- tion or infripgement of any of its rules aaad. regulations^ or for any delinquency in the non^erformartce of diity, and. also such reasonable contriJDutions as Sajid)4B])artnieat may assess, from tIme,ito time^ ~upon the pay ol| its sUbr. ordinate^: entitled, to benefits int said fundy. and also all gifts, grants,, bequests or donaitione to or iil livor of said department or, the fend herein provided for,|and also sueh other funds, as may .at, any timeJifereafter be .provided' for by law ; and the fund hereby provided for , shall be known as f' The M^ropolitan JFire department ReliefiPund," and shall be held Sidd dispiaiifiea in the manner Qod ibr the uses and purposes as follows. § 1^ ch. 756j 1866,. TrnsteeB of § 851. , The mayoT of theioity of Ifew York^ :tbe presi- f^^ dent of the board; of fife in&al"*bee UQ^erwriters in said^ city, ' and the pcesidettt and, treasurer of said metropolitan- fire department, and, their sudcessors in. ofliee, respects ively, shall be trustees oif', said fund; andi quarter-yearly ■ said -fire department shall account to and pay over to said trustees all, moneys received for and ona^ccount of said Invest- ^^^^ ' ^°^ ^™™ *™^ *•* time, said' trustees shall properly ment. invest said fiind^, in whole or in part, as they Bball deem most advantageous for the interests and purpose of said fund, and shall at all times be authorized and empowered . to make all'. necessary contracts i an4^ take.iall ;neoessary remedies relative to ihe fund, anditoido anyjact or thing in the premisesjJwithi'all tbe ijighjtSy powers and duties and liabilities asiihiaw and in fact:pertain.ito trustees of a public'trust. §j2, sathe ch,. ill ■ ,i-H, .ii.i.i./ )'' When and § 852. Said fund, as soon as the same shall ^amount tO' mnrto ie t^e 8°™ of teii thousand dollars, shall : be liabJe for the liable. : paymenti to the recipients of relief, severally (Entitled thereto the. sums as follows : To each person permanently disabled while in actual performance ofiany dtity assigned himbyfeaid d^artiheat, the sumof; t'^enty dollars pei RELIEF OF THE POOR. - 2B§: month for the/ terfia of his ndfarftl! life; to each person 'i li •wfho shall become BBiperaimttiited after a sertide of ten "'""'t'' years in the employiriSiitof said department," annually thereafter an aniiuijliv of two hundred and fifty dollars, f)ayable quarter-yearly, during the term of his natural ife; to the family or relatiites of any ■ ded^ased person ""11,,"^^ who shall be killed while actually engagediii the perforin- .JimHsa anee of Any duty assigned by said department, or who shall die:, frona any injuries received resqlting from the performance of said duties, the sum of two thousand dol- lars^ to be paid in th& order following; firstl to his widow, if any him surviving ; second, to his children under ^fteen years, if any him ' surviving, equally, share aiid share alike; third, to a fathet, livipg with and dependent on hie I support for a living; fourth^ to a mother living with ,,,. (,,> a^d dependent, on his snpp6rt for a li^g. § 3, ch. 756, „! ' ;]^ 1866. ' ^'I'l ' ' ' • ^' ■2:.,ii;"l, § 853. The said' trusji^es for and on ,behalf bi the uses^wiJ'attrn^*'" and purposes of said fund shall be entitled to receive, and^^iTO*"^^. there shall be paid to. them, all duties,- taxes, allowances, hauof flmd. fines, penalties and fees to which the fire department of the city of New York, as heretofore established,' has been heretofore entitled, except the'percentage taxed upon the premiums paid to the agents of foreign insurance com- ;,» ^i^. paniesj under chapter onei hundred and seventy-eight of ,,' ' , ;'^',^' the laws of eighteen hundred' and forty-nine, and may '.'^"' take by gift, grant, devise or bequest, any moneys, prop- .ji'iv':'^ erty, real or personal, rights of prioMrty or other valua- •''•fv'-'^' ble thing, the annual, income from which shall not exceed the isum, of twenty thoiusand^ dollars in the whole, andj subject to the trusfehereM created, shall apply the satoe to the execution and carrying into^flfect, of the objects '',!•*;" '^ and purooses of the said trust, as herein tjontem plated ;, aid all devises anthe provisions of an act entitled: " An act delating to wills," passed April thirteenith; eighteen hrindref and feixty, and'thte acts amending th.p' same. § 4, same ch,' , , ,i .,, n^n: . ■, .>« § 854. Said fire department may assess and collect Assesi- frora eaph ftnd every person entitled to 1 benefit fromisaid ^«^^»- fuiid a sum, annually, not to eiqeed twenty dpllars; and appropriate said assessments to the uses and g.urposes of' said faiid> and said trustees may effect life, aieoident and insurancs benefit insurance ijpon and in faYorof the persons sever,*'"' "^*"* rally entitled to benefit from said fund, in feuqh mj^niier and, to such extent as they shall deem proper, and they shall annually report to the govei'norl.a statement of their action as Buch trustees. §6, same, ph. ' \ 34 266- RELIEF OF' THE POOR. Thistle Be- i|)855.i The purpose of '" the ilhistle Benerdent AasODiatidn of the neyolentas- c^y of NeWiTork" is for raisingJfiiy.W^Clipibions^clonatSoi^ibequesta ""'*""" or devise, ffom members thereof andom^l, ?,i?d by annual festivals, a fund to be distributed to ^the deservipg poor,, without distinction of sect or country, under the siipyrvifejftri ,of sajd' Corporation. Part 6f §ii, ch. 67, 186L ■ • " •''"■''.'.- ^ §.8a6.« The Itariseiis,' Family Indutetrial SoCJety of Uie Port of N.^w Zork, tog^tjjer'jivith.thwr bp^rdiof counselors and tb«r. succes- sors in office fprtjip time being, sha|ll have the control «ijd manager me'nt of th^ Huilding erected on the ground of the Seamen's Eetreat, a^eeably to an act passed March I7th, 1851, atid known as the " Mari- ners' 'Family Asylum,1 and th* ground selwted by the committee on tljer ninth day of >Iay', 1851, and approved of by tlie trustees^ of the Sjeameu's Fiind,and. Retreat, a^d also,, the, right of \v(^y to and firam said asylum through the grounds of- tjie Seamen's Retreatj until a puWib street or bighwtfy shall te opened, and then suchj ingress and egfes^ shin be by said'sti'eet ffr highway. § 1, qh, Bociation. Mariners' Family Aeylnmi ids.'im Owners of Tessels to §'857. The president! of the trustees of the Seimieri'sTtitid a»id Ee- treat in the city of New Yorkishalli.dep^nd and he.entitled to receive^ mcVs ISnd aftd. '° case ofheg'lect or refusal to pay, shall, in the name of the| and Retreat, people of the state of New York, sue for ^nd. recover, tfap following mi 1, '. sums'from either the'ijVher, 'owners, or from the master, or from both , '"',,'., "the Owner or dwnerfe and master, of every Vessel from a foreign port, ' .1 : , I i II for the master one doUaf amd fifty cents ; for each mate; sailor or nlal'- inpr, pne 4llan [Second, froft th«,- master .bfieaich coasting, vessel, fi;9BJ„9aph .person on boar(j by law '^n masters of coasting, vessels for Bon-pay.mei)t of hpegita} money. § .1, ch. 369, l^p6. The trustees of the Seamen's Futidajid Retreat, ^n: the city of New Yrfrk, aire hereby' authorized and directed to pay over, 'monthly, to-lihe treasuref of 'the ^l^iner's'Fainily Asylutt'.'for the iniintenhnce of' said asylum, teili-per cent of thfe atftount of InoneyS'bbllected the p;ierions month by law upoti iba^rs, mates, mariners and seamen arriving at th^ city and port of- Ji^^w Xork., § Si, ,oh, 199j 185t g'^aS. The ■ above named society, together ■w.vth their board of counselors, shall ' apply Suoii hospital moneys as shall come into their hatifls, through the trustees of the Seainetfs Fiitid"and Retreat, ,f6r tike support and-relief of ^destitute, sick qrinfirira tnotbers, Wives, sis- t$xa^ ^IVghters or widows of seamei^ in said asylum, and at such other places as shall by^tb^ be de^ed best|C^I);ulatfd to prompte the objects of this section ot tl^is ac^ but no p^vgpn phalj bp relieved from said tiiiid, or received into siftl asyluni,' unless' saitisfactory proof be fur- nished to the society that the husband, brother,' son' or father of the Salts for such pay- ments how brought. Payments to Family asylam. Money.how applied. ' > ObantcIF 184 of 1868, entitled " an act Ibr the better ^rot^cticM of seamen la the partapd hsrbar qf New, York," regnlMes and provided for, the llcensiEg uf sailor bs&rnD?>hotase dnd hdtel^tepers 3nd agents in the city dt ITew YdrK, and In the cite pf Biooklyi; ; creatpet ,' ■ a board ^enmninyted a board of commissi()ita fur licens- ing sailors' boardtng-hoiiites or hotels in the cities nf New York and Brooklyn, con- iiisisUngoroneperifln, tobb telected byaach tit the followlnj; C(^orai« bddies or i.BSsociations respectively, to wit: ~ " '~ ' "'" , , -- The ChamMj-of Commerceflf jheSateofNew theAmerleiibBeiimen's FrtMd Societyilii New York: the WewTorkBo»rd of.Uoderwriters.; ^e Marine ^ociqtjl p( New 'folk,, and the Society for promQUnE tfaie Qo!>t>^1 amoh^ Seamen In the pon of NeW York;" prescribes tbo dntiefoi siicbil>«ardi, and (qpttaer presfrihes that every perron leceivingthe license In tke act provided for shall pay to the said board o(^ commission er^ the s^pi of twentj ddllwt;v^hlck(iantrde said asylum, certi- fied by thd^j*esident add seicretary of the board of eoum- selors; ''g-'l, ''same ch. '' ' -':■'■ ' lo <->■.■> i.i -- ' - § 860. All acts and parts of acts inconsistent with this' act' ar6 hereby repealed: ' § 5,' same eh.' r '• i ■ i T '■■' ■ § 861. 'T?h6' object [of The Friendly Sp'oietyi of St. Am- g^'^^i,. brose Church in the city of New York] is to provide per- broeeao manent; homes for 'aged and indigent persons of all''^*^' Protestant denominations, without reference to sex, color or nationality. I Fart of § 1, ch. 258, 1868. : ■ § 862. The property of said 'oorpotation, both i-eai and -property of personal, not exceeding fifty thousand dollars in value, i^^^^f'"" shall be exempted from taxatioil so long as it isr actually^ fromtaxa- used for the charitable purposes of the said corporation. > ""^ Part 8^ § 4, same ch. '' ■ ' ' ■' . . ,. ., u §'8«S. The' bbjfect' of ["The Samaritan Home' fop samwjtin the Alged of 'the city 'ef Kew York"] is to provide a •»<«»«• permanent homfe for aged' indigent petsons, which shall'be ©pieny-Iniits government ^d'its objects, toper' sons ofairProtestant denommatiOnsi" § l^ch. 122, 186'7.' §-864ifThe generalbasinesB'andlobj'e'otof suchcorpo- chapin ration [" Ghj|,pm Home for'the'AgcId and'Iiifirm"J,Bhall "^o™*- be to, provide a home and support for a^edi and infirm persons. I 'S-fch: 461, 1869.* kJ.: : i...,j i '§ .86S;Th6 object of "The 'Hebrew Female Benevo-j ^^^^^ ^^ lent Society of the Congregation Shearith Israel.in the 'male bener- dtV of New York" ib to afford; to the aged, itffirtf and cllSr'""" indi^ht females, members' V\hk city of ilow York] is benevo- lent, and its object shall he to aid and assist the indigent cick and disabled, and to provide for their comfortable support anil mnintcnance. § 2, ch. 102. ISTO. 268' RELIEF OF TJIE POQIl.! New York honse and school of icdaetrjr. Fnlton be- nevolent aBsociat'n. Ladie?^ home, 9tc. Home for aged ^nd Pnrposeg of corpora- tion. Eye and ear hospital. Sii€aritiljl6raelj.ia/«Gmf((JBtable residence, 3i?pp0rt, «mploy- mentj medieal ^tid other necessary caiJe. § 2,,^h. 289,1855, - § 866, Tbe object pf the [Kew York House wd Scjjippjli of Industl-y] shall be to.- supply work t9 the a^edjdisf tressed and ignorah't poPr, and to iinstruca. 393/ IS&j' -' - 1 § 881. The object of the said corporation [House of pestitnta Meiri^, Nfe^v-Totk,] is to establish and msin age an iaJfy- me™"' lum, or asylukiis, for '^\xe reception and reformation of destitute and l^llen womep, who may wishi to avoid or abandon a, vicibttg course of life, or wKo may ^e comijiit- ted to said asylum, for reformation^ by the' magistrates of the city of Xew York,, .;§(2, ch. 699, 18,6^, , >., ! § 882. Whenever any female, betw«eni the ages of four- whenfe- teen and tweMy-one years, shall b6 brought by the police, "e^sentto^ ot ehfell voluntarily appear, before a cif>Tnmitti1% magis- ^^^l^^^'^. trate in the city of If ew York, charged with being a BtUutioM. prostitute, or adtnittinff herself tip be. such, an^iffofessmg a desire to reform, aria it shall appear ithat such female has never \>p^n ap. inmate of thei j)epiteBtiary, such magis- trate shall make an order that, m lieu of being commit- ted to the-itrorkhouse^orpemitentiaryjitiie said fesfliale shall be removed to and detained in one of the following insti- 'WtionB:, viz. : Ttfe Protestant Episcppal'House of Mercy, New York ; the Roman Catholic Souse , of the Good 'Shepherd,' foot of Eighty-ninth street j or, the Magdalen Female Benevolent. Asylum aaid; Home of Fallen Women, provided, that the magistrate shall designate in- ffiach order, as the pllace of detention, Such one of the institutions above named as maybe selected by the' person so com- mitted^' unless notice shall have been Tebeived from such institi^tipn,, that there j^s, jiot rpqn;i ^or jj^ej r^jfj^ption of furthi^r inmates^ ,' Each.q^ tfce.iflslitutioria above named Pay to such shall receive, monfchlyj firom the • eomptroUer of the city 8°eante?s . and county of Sew York,' the same amount tdt the sup- ''*^- port of each pei'sdn so committed afe is ubw paid to the Mew York juvenile, asylv^fR) for tfte support of children committed to its charge. It §;iljch. 409i 1867. .';ii| i ' T-1— •: : By eeetJonJ, chapter S*. 1870, the coaimi8«jpnerB of the iiniingfond of the city of HewTbtkare anthorized'tqlease to th^Fouhaling Aeylam 6r"the Sisters of Charttyi of the city of Ne* Tork, suoTi lots bMoii^io^to thexlty, and situated on the eaetei'ly side of Fourth avenne, between Siztyielghtfa anS Sixty-ninth streets, as may he^epeseacy for the eieet)on of ^ foDndlli)gji^Hrlaiq,npon snch conditions, and for sneh term of years and annual rent, as leases have heretofore been made hy the mnnicipal anthorities of said cltr to charitable' I'nBtfitfttlons. • . r :■■<■'. - '■ ■ I.M.-I ..: , . ! <,:-J^ ,,,' fl li.<--' 272 RELIEi' OF THE POOll. CHAP. I NIAGARA GOUNTY. Section 883. A'Aa of, superintendents of poor decl&red valid as to' dis- ., tii)ctiou between tgwn ppd county popr. 884. Acts of board of supervisoi^s declai:ed yfilid. 885. Overseer of poor trf liockport shall 1^ ejected. . ' 886. Overseer of poor of Lockport subject t,o fiapip restrictions " and liabiHiles as ot'her County towns. 887. Common- ftc. ; license fijes , , I j,,'to.b0(flKed by.thenj,.. .; , .i uir.' 'i i ii'- r 893. Cpi,;,((.,, ., 895. P.enalty fbr violating any of the ma^Vffa of, seetiona 89(1-894.' , , ^ , / .,;;^.. 896. Duties. of sheriir, coBBtables, and police, oflBcers in respect ■ to'thfe' tJockport exdae'liW; whe4b6ard'of commls- ■ sionera may retofce'ltdenses granted by them. 897. license fees,- fiDeS' and p^nal^ies/; how to biidigpesed'of; suits /or 'p^fljltieB ; pei^alties,ior .seJpu^g w,l/thqat,a license ; license fees for licenses granted to t^yern keepers or tbat shall be received in pepilties ftlr Vlo- Matioriiof the-'satne togDifbt benefit of thel pAW' of Niagara county. 898. Provisions of cli. 688 of 1867, and of acts ^endatory thereof, in conflict ^SOa. tluv escdse law of IjOckj>ort> ao far aa they relate to Lodiporty are repealed; powdra and duties of Lockport coibmisBionerB of eicjSe Wtjiin ' said,«Uy.,' . , „ ,',, .^, ,',, ,, .,, ,■.;.,. i ■,.,,■ : 899. Who shall be deemed disorderly persons in Niagara city and vicinity. 900. Duties of justicea of the peace in respect to such persons ; fines and penalties upon conviction, and how to be dia- posed of. 901. Repeal of section 16, ch. 86, 1855. RELIEF OF THE POOR. 278 Section 903. Chapter 23, 1864, declared a public act. 903. De Veaux college in Niagara county ; infant may bind himself under certain circumstances. 904, 905. By whose consent ; and how to be given. 906. Indenture not to express any time when the binding shall expire, &c. 907. When trustees may bind out children, and how. 008. Trustees to be guardians of children during the time they shall remain in said college. 909. Indenture maybe canceled, under certain circumstances, by certain j udges. § 883. The acts and proceedings of the superintendents Acts of »n- of the poor of the county of Niagara, as the same have fnt'of'poor transpired from time to time since the seventh day of "J^^s*™ October, eighteen hundred and twenty-nine, are hereby cfared declared to be as valid and effectual, and shall be so held ™"^" in all the courts of this state, as if the resolution of the . board of supervisors of said county, abolishing the dis- tinction between town and county poor in said county, passed October seventh, eighteen hundred and twenty- nine, had been filed in the clerk's oflice of said county on that day, and had since remained, and now remain on file therein. § 1, ch. 280, 1851. § 884. The resolution of the board of supervisors of Distinction the county of Niagara, passed October seventh, eighteen between hundred and twenty-nine, or copy thereof, filed in the county" clerk's office of said county, December thirteenth, eighteen ^°°'' hundred and fifty, shall have the same force and effect in abolishing the distinction between the town and county poor of said county, as if the same had been filed in said clerk's office October seventh, eighteen hundred and twenty -nine. § 2, same ch. § 885.* Hereafter the officers of said city [Lockport] overBeer ei shall consist of one mayor, ***** *«goorto one overseer of the poor. The overseer of the poor shall be elected on a general ballot, to be voted far by all the electors of said city as hereinafter provided. Part of § 1, title 2, ch. 365, 1865 ; as amended by § 1, ch. 885, 1869. § 886. The ovei-seer of the poor shall, subject to the „. provisions of this act, have the same powers and be sub- and ?ubm- ject tp the same restrictions and liabilities as overseers *'*'' of the poor in the towns of the county of Niagara, and, for all purposes relating to the maintenance and support of the poor, the city shall be one of the towns of the said a Overseer of the poor of the city of Lockport holds his office for one year (§ 13, title 2, ch. 365, 1865), and enters upon his duties on day next following hie election (S 8, same title) ; such election takes place on the second Tnsday of April in each year (S 2, same title). 35 274 RELIEF OF THE POOR. '« connty. § 10, title 4, ch. 366, 1865 ; as amended by § 10, ch. 642, 1866. Board of "§ 887. The common coimcil shall, annually, npon the fSckport. i nomination of the mayor, in the same manner as pro- vided by this charter (chapter 365 of the laws 1865) for the appointment of city officers, appoint three of their body who shall be designated as the committee on license, city board- The mayor and city clerk, together with the committee Ji'oner'Jof'' aforesaid, shall constitute the board of commissieners of excise. excise in and for the territory included within the city of Lockport. § 1, title 12, ch. 365, 1865 ; as amended by § 21, ch. 835, 1869. ct^ clerk »§ 888. The clerk of the city shall be the clerk of the of Bald" board of commissioners of excise, and it shall be his duty *""'*• to attend the meetings thereof, and to keep a record of its proceedings, and such record, or a duly certiiied copy of the same, or of any paft thereof, shall be prima facie evidence of the facts therein contained in any court, or Hie com- before any officer. The compensation of the clerk of said Kerefor." board of commissioners of excise shall be fixed by the said board, and such compensation shall be paid in the same manner as the other expenses of said board. The Presiding mayor shall be the presiding officer of the said board ; a B^pinesa majority shall be competent to transact any business qaomm. thereof, and in the absence of the mayor, any member (except the clerk) shall bo eligible to preside. § 2, same title, as amended. Powers of '§ 889. Said board of commissioners of excise shall of'exci'^ possess all the powers in and for the said city, except as In the city, above heretofore possessed by the board of commissioners of excise of the county of Niagara, and on and after the Powem of passage of this act aU the powers and duties of the said efto^ board of commissioners of the county of Niagara, so far cease there- as the same relate to or may be exercised within the city *"■ of Lockport, shall cease and determine. § 3, same title, as amended. Licenses ' § 890. From and after the passage of this act no per- Uqno'rs'.etc. ^°^ °^ pcrsous shall. Within the said city, publicly keep or sell, give away or dispose of, any strong or spirituous liquor, wines, ale or beer, in quantities less than five gal- lons at a time, unless he or they may be licensed pursu- ant to the provisions of this act, and may be permitted by it ; except such persons as have licenses heretofore granted by the said board of commissioners of excise of the county of Niagara, during the present unexpired term of their respective licenses, and no longer. § 4, same title, as amended. > Modified by ch. ITS of 1870 ; see post RELIEF OF THE POOR. 275 . "§ 891. The said commissioners of excise shall at any isBneofcity time, subject to the pr.ovisions hereinafter named, have thefefor. power to grant licenses to any person or persons of good moral character, and who shall be approved by them, permitting him or them, or his or their assigns, when approved by the board, for one year from the time the same shall be granted, to sell or dispose of, at one named place within said city, strong or spirituous liquors, wine, , ,, ale or beer, or any one or more of them, in quantities less than five gallons at a time, upon receiving a license fee, Licunse to be fixed in their discretion, not less than thirty dollars *'**'• and not more than one hundred dollars. § 5, title 12, ch. 365, 1865 ; as amended by § 21, ch. 835, 1869. " § 892. Such licenses shall be in the form of a written certtdcat* or printed certificate, stating the name of the person or what to"' J persons to whom granted, and describing the place where contain, the business authorized by the license is to be carried on ; such license shall be signed by the mayor and clerk of To be post- said city, and shall be kept posted by the person or per- piaco o? sons licensed in a conspicuous position in the room or "■'''o^"- place where such sale or disposal is made, and shall be exhibited at all times by the person or persons licensed, or by the person acting under such license, on demand, to any member of the said board or of the police force of said city. Any omission so to display and exhibit the said certificate shall be presumptive evidence that such per- son or persons has and have no license. § 6, same title, as amended. *§ 893. Such license shall only be granted on the writ- Licenw« t<»' ten petition to the said commissioners, signed by the upo^n'peH? applicant or applicants, specifying the place where the *»<"»• business is carried on for which license is asked, and the names of the applicants and of every person inter- ested or to be interested in the business which the license shall authorize, the truth of which petition shall be veri-. fied by the aflSdavit of the applicant. Such license shall HowtniM- not be transferable, except , by the written approval of ''""''''■ said commissioners indorsed upon the same, to be evi- denced by a certificate thereof, signed in the same man- ner as the original licenses are required to be signed, and no person other than the party authorized by the terms of the license shall be entitled to carry on business under it, unless such approval shall first have been made. Such transfer shall not authorize the business licensed to be carried on at any other place than that named in the license. The said board of commissioners of excise shall Excise report to the common council of said city quarterly, upon ma*ke oSar : ■ , terlyte- 'Modifledbyoh. 175 oflSTO; see post poi riy* iru. 276 RELIEF OF THE POOR. each first day of January, April, July and October, tlie number of licenses granted by them to persons within said city during the preceding three months, to whom granted, the date of such license, the amount of licenses received, and the place where the business is to be carried on'. § 7, . title 12, ch. 365 ; as amended by § 21, ch. 835, 1869. Record of * § 894. The said board of couiniissioners of excise shall grante" keep a complete record of the names of all persons licensed' as herein provided, and of the place where the ousiness licensed is to be carried on, and the license fee imposed and paid in each case, which record shall at all times be kept by them at the ofiice of the city clerk in said city, and be open to public inspection. § 8, samo title, as amended. •Penalty for »8 895. Every person who shall violate any of the fore- Tlolatlon . ° ..-'^„ ,. „ „ .J . hereof. gomg provisions ot sections lour, nve, six, seven and eight of this act shall, for each ofl'ense, be guilty of a misdemeanor, and on conviction thereof, shall be punished by a fine not less than thirty dollars, nor more than one hundred dollars, or by imprisonment for not more than three months in the county jail, or by both such fine and imprisonment. § 9, same title, as amended. Sheriff, po- "§ 896. It shall be the duty of every sheriff, constable enforc'o act* ^^^ member of the police force of said "city to compel the observance and to prevent the violation of the provisions Excise of this law. The said board of commissioners of excise revoke"*-^ may, at any time, on the complaint of any resident of the ceneei. said city, summon before them or either of the said board of commissioners, any person or persons, licensed as aforesaid, and if the said board shall become satisfied,, after an examination of the testimony, that any such per- son or persons has or have violated any of the provisions of this act, or if it shall appear that any common gam- bling house or room, or any house or room for the purpose of prostitution, shall, during the existence of such license, have been kept in the same building in which the basi- ness authorized by said license has been carried on, or if it shall appear that such person or persons have violated any of the provisions of chapter six hundred and twenty- eight of the laws of eighteen hundred and fifty-seven, and of the amendments thereof, they shall revoke, cancel and annul the license or licenses of such person or per- sons, which they are hereby empowered to do. Upon Bxamina- ^"7 ^"^"^"7) the Said board, or the party complained of, neHe.""'' ^"^^ summon, and the said board may compel the attend- ance of, witnesses befoi'e them, and may examine them • Modified hj ch. 17S oHSTO ; tee post. RELIEF OF THE POOR. 277 under oath. § 10, title 12, cli. 365 ; as amended by § 21, ch. 835, 1869. "■g 89Y. All license fees, fines a!nd penalties herein pro- DisposiHon vided for shall be received by the said board of commis- feen,""", sioners of excise, and shall be paid into the police fund *'"'• of the city, but if no such fund be in existence, the same shall be paid into the sceneral fund of the city. Whoever Penaitiea shall sell any Ftrong or spirituous liquors, wines, ale or iiquors, beer, in quantities less than five gallons at a time, with-, ouViicenio. out having a license therefor, granted as herein provided, shall, in addition to all other penalties, forfeit fifty dollars for each offense, to be sued for and recovered by and in the name of the said board of commissioners of excise, and, when collected, to be paid to the treasurer of said, Payment city, as hereinbefore provided, except so much thereof aS liceSsosand shall be received for licenses granted to tavern keepers, county*"'" hotel keepers, or for mechanical or medicinal purposes, treasurer. or that shall .be received for the violation of the same class of licenses, which shall be paid to the treasurer of Niagara county, in which such licenses are granted or violation occur, respectively, for the benefit of the poor fund of such county. § 11, same title, as amended. * § 898. All the provisions of chapter six hundred and state ei- twenty-eight of the laws of eighteen hundred and fifty- conincMng seven, ana of the amendments thereof, which are in con- pfytodty flict or inconsistent with the foregoing provisions, shall of Lock- not apply to the said city of Lockport ; and the said board ^" ' of commissioners of excise shall have and possess and ex- Board of ercise all the rights, powers and privileges within the **"'**• said city, heretofore had, possessed and exercised by the board of commissioners of the county of Niagara. § 12, same title, as amended. ~^ § 899. Section fourteen of chapter eighty-six of session who ehaii laws of eighteen hundred and fifty-five is hereby amended dfeorf^f/ i so as to read as follows : In addition to those persons pwsons in described in section one, title five, chapter twenty city^audNi- of the Revised Statutes, all riotous persons, or per- °^"* ^'^' sons found quarreling in any street, lane or alley, or in any public place, or in view from any public street, lane or alley in said village ; any person who shall make an indecent exposure of person in public view ; all persons who shall make a noise and disturbance of the public peace ; all and every person within said village who shall take or carry away or control any baggage, box, parcel, package, or any goods or chattels ot any kind whatever, without the consent of the owner thereof, > Modified by cli. 176 of 1S70 ; Bee pott. 278 RELIEF OF THE POOR. or the person having the same in charge, or by due pro- cess of law, within said village, or on territory lying be- tween the village of Niagara City and the village of Niagara Falls ; all persons who shall follow, wfth intent to annoy, by soliciting any person or persons for any car^ riage, railroad, public house, tavern, place of resort or any other place or places, or for any purpose whatever, within said village of Niagara City, shall be deemed dis- orderly persons, and may be proceeded against and pun- ished according to the provisions of this act. § 1, ch. 26, 1864. justice °of §900- When any person charged or complained against the peace, as a disorderly person, under the provisions of this act, or of the act hereby amended, shall be arrested and brought before any justice of the peace in said village, the said justice shall proceed in reference to the com- plaint or charge on which such person is so arrested, and m reference to the disposition of such person, in all re- spects, afe he is authorized and required to proceed by tlie provisions of the third title of the second chapter of the Revised Statutes, as altered or amended by subsequent laws, in reference to the persons brought before Him charged with the crimes or offenses tlieroin enumerated. And whenever a defendant, tried either by the court or by jury, shall be convicted of being a disorderly person, under the provisions of this act, or of acts hereby ame^ided, the court shall render judgment thereupon, and inflict such punishment by fine or imprisonment, or both, as the nature of the case may require, but such fine shall in no case exceed the sum of fifty dollars, nor such im- prisonment six months ; and when such offender shall bo committed to jail the court shall briefly set forth in the commitment the charge upon which the prisoner was convicted, and the chapter of the law under which such conviction was had, and the officer shall deliver the same to the keeper of the jail of said county, who shall receive .■^ the defendant as therein directed, and when a fine is im- posed by the court as aforesaid, and the sa'me is not im- mediately paid, the court is authorized to commit such offender to said jail at hard labor, or not at hard labor, in the discretion of the court, until such fine shall be paid or the prisoner be discharged according to law ; and when such prisoner shall pay such fine to the sheriff he shall forthwith discharge such prisoner, unless such prisoner shall be sentenced to both fine and imprisonment, in which case such prisoner shall be confined as directed in Fine«, etc., said Commitment ; all fines collected by the sheriff under &a«Me?.'° this act shall be paid by him to the treasurer of said county, and all fines imposed or received by any court of RELIEF OF THE POOR. 279 special sessions in said village, and all moneys that come into the hands of any justice of the peace within said village, acting; as a court of special sessions, by fineSj after deducting therefrom the cost of prosecution, shall be paid by said justice within thirty days after the receipt thereof by him to the treasurer of said village. § 2, eh. 26, 1864:. § 901. Section sixteen of chapter eighty-six of session Repeal of. . laws of eighteen hundred and fifty-five is hereby repealed, l^;"'' *' § 3, same ch. § 902. This act is hereby declared a public act, and shall take effect immediately. § 4, same ch. § 903. Whenever application for admission into the DeVeanx De Veaux college for orphan and destitute children shall Niagi™'" be made by or for an orphan and destitute child, under "'^^"'J^j?'' the provisions of the will of Samuel De Veaux, deceased, desutute and of the act incorporating said college, said orphan and So'w bonad destitute child, with the consent of the persons or officers <"»'»<>. hereinafter mentioned, may, of his own free will, bind himself by indenture to said corporation, to be admitted into said college as an orphan and destitute child, to be there maintained and educated according to the provi- sions, and in the manner and under all the regulations and restraints, directed or contained in the said will, or as the said corporation shall, from time to time, make under said will, or under the act hereby amended, or such amendments as may, from time to time, be made thereto, and such binding shall be as valid and effectual as if such infant was of full age at the time of such engagement, § 1, ch. 385, 1857. § 904. Such consent shall be given : i 1. By the mother. If the mother be dead, or l^e not conaent of in a legal capacity to give such consent, or refuge, then — p»fent. etc 2. By the guardian of such infant thereby appointed. If such infant have no mother, or none in a legal capacity to give such consent, and there, be no guardian, then — 3. By the overseers of the poor, or any two justices of the town, or the county judge of the county where suqh infant shall reside. § 2, sarhS ch. § 905. Such consent shall be signified in writing, by jj^ the person entitled to give the same, by a certificate at the end of, or indorsed upon said indentures, and not otherwise. § 3, same ch. § 906. The said indenture shall not express any term bipimMob or time' when the said binding shall expire; but such t^,"*"' binding shall, nevertheless, expire, at farthest, at or be- fore the said orphan and destitute child shall attain the age of eighteen^years, or at the pleasure of the said board of trustees, or at any other time before his attaining the 280 RELIEF OF THE POOR. age of eighteen years, when the said orphan and destitute child shall, by mal-conduct, cease to merit the benefits of said college, and the said trustees shall duly declare the said fact; and such orphan and destitute child shall be bound to abide by and submit to such provisions, regula- tions and restraints, as fully as if lie were of full age, and consented thereto, at the time of said binding, and shall be entitled to the benefits of the said college, according to the will of the said Samuel De Veaux, deceased; and the said parties shall be mutually entitled to the benefits of the said college, according to the will of the said Samuel De Veaux, deceased ; and the said parties shall be mutually entitled to relief for breach of duty for the other, in the same manner, and by the same tribunals as is now provided by law, in regard to apprentices and their masters, respectively. § 4, ch. 385, 1857. Tmstces to § 907. It shall be lawful for such corporation, and by oiphaM such person as they shall authorize, appoint and direct "*e- for that purpose, to bind by indenture any and every such orphan and destitute child, who shall have. remained in the said college, until he shall, in the judgment of the trustees, have arrived at a suitable age, and before his arrival at eighteen years, to bind as an apprentice to any suitable person in this state, in either of the occupations of agriculture, navigation, arts, mechanical trades, manu- factures oi" professions, as the said orphan and destitute child may elect, or as the trustees of the said corporation may deem proper, and such orphan and destitute child shall be bound to serve the time in his respective inden- tures contained, so as such time or term of years shall expire at or before tiie age of twenty-one years, as fully to all, intents arid purposes as if he were of full age at the time of making such indenture ; and the said indenture may contain such covenants and stipulations for the feed- ing, clothing, and educating such orphan and destitute child as the said corporation shall, from time to time, direct, and such covenants and stipulations shall be valid. § 5, sarne ch. Corpora- § 908. The said corporation shall he the guardian of tobe^uaiS.: every such orphan and destitute child during the time he Ian. shall remain in the said college, and shall be invested with . all the powers, and authorized to perform all the duties, of a guardian. § 6, same ch. connty § 909. It shall be lawful for the said corporation, and ISfUce of ^^^^ corporation is hereby authorized, to make applica- Bnpreme tion, at any time after stfter such binding, to the county SSiin/en-"" judge of Niagara county, or to the county judge of any '"*• county adjoining Niagara county, or to any justice of the supreme court of the state of New York, to cancel and RELIEF OF THE POOR. . 28X annul the said indenture or other instrument of binding, 60 that the same shall be no longer binding upon the said corporation ; and upon such application being made, and notice thereof being given to the overseers of the poor of the town or city in this state in which such orphan and destitute child had a residence at the time of hia admission, or to. the overseers of the poor of the town of Niagara, in the county of Niagara, if such orphan and destitute child had no residence in this state at the time of his admission, and sufficient cause being shown to the satisfaction of the said judge or justice to order and adjudge that the said indentures be canceled and anpulled, either absolutely or upon such terms as the ' judge or justice shall see fit ; and the same shall be thereupon canceled and annulled accordingly, and the said orphan or destitute child and the corporation afore- said, and all persons, be respectively discharged there- from. § 7, ch. 385, 1857. CHAP. XXX. ONEIDA COUNTY. Section 910. Poor-houae, board of supervwors authorized to change location of. 911. Also, to sell poor-house farm. 912. Also, to purchase farm, and erect buildings thereon for accommodation of the Oneida county poor. 913. Also, to raise money and levy tax for purpose of poor- house on county farm, in town of Rome. 914. Commissioners appointed to superintend the building of such poor-house. 915. Bond, with suflBcient sureties for the faithful perform. ance of their duties, to be given by such commission- ers, and filed. 916. Moneys may be borrowed by commissioners, on the credit of the county, and how, with interest to be repaid. 917. Acting commissioner how to be designated, and com- pensation to commissioners, who are to account an- nually to Oneida county supervisors. 918. Comptroller of the state, under what circumstances authorized to loan out the capital of the common school fund to Oneida county. 919. Taxes to be levied and assessed by board of supervisors annually to pay interest, &c., on sums borrowed. 930. Vacancy in office of any commissioners to be supplied by board of supervisors at their annual meeting. SG 282. RELIEF OF THE POOR. Section 921. Supplies (excepting' intoxicating liquors) for the relief of the poor ; superintendents authorized to purchase and keep on hand, and to hire a store or depot for / such purpose and to employ ag«nt or agents to take the charge thereof ; amount to be paid for store-houso and for services of agent or agents limited. 023. Such purchases to be made in name of Oneida count/ deposited at such store, to be delivered to such poor or pauper persons on order of the overseer of the poor at cost price ; account of such purchases to be kept and report thereof to be made to board of supervisors ; 'such account to be verified, &c. 923. Such agent or agents to keep a book ; what such book to contain. 1 924. Such supplies to be sold only on order duly issued by the overseer, who shall grant no such order unless for the relief of poor person or persons. 925. Temporary relief may, under directions of the superin- tendents, be given by overseer of Utica, by orders upon such supplies ; what such orders shall contain. 928. Such overseer of Utica, for such relief, to draw only upon such supplies, and in case same are not furnished at cost how such overseer to proceed. 927. Temporary relief, such overseer to keep book, respecting ; what shall be entered in such book ; such overseer's order, what to contain. 928. Superintendents to make rules and by-laws in carrying out provisions of chapter 317, 1858 ; audit accounts for articles bought, and draw on county treasurer to pay for such articles. 939. Provisions inconsistent with said chapter repealed. 980. One overseer of the poor in Utica. 031. His salary. ". 932. How such salary to be audited, &o * 933. Powers and duties of such overseer, and also of common council in respect to such overseer, and also in respect to beggars, vagrants, drunkards, workhouse, hospital, eto. 934. Utica, when to be considered as one of the towns of Oneida county. 935. Civil year, and also fiscal year, under chapter 18, 18B2 ; when to commence. 936. Eome, overseer in, term of office of such overseer, his olScial bond, powers and duties, salary ; poor expeniei, duty of common council, eto. 937. Beggars and vagrants in Rome. 938. " The Utica Orphan Asylum ;" its object. Oneida • § 910. The board of supervisors of Oneida county are poM-*honie. hereby authorized, by a vote of two-thirds of all the supervisors elected, to change the location of the poor- house, in said county, from its present site to such other location as they may deem proper. § 1, ch. 6, 1859. Uarbiioid § 911. The said board of supervisors, by a vote. of two- thirds of all the supervisors elected, are authorized to sell and dispose of all and singular, the poor-house farm and its appurtenances, situate near the village of Borne, upon RELIEF OF THE POOR. 288 such term? as they shall deem advisable, in case they shall decide to change the site thereof. §'2, same ch. § 912. The said board of supervisors, by a vote of two- Poor ftm thirds of all the supervisors elected, are hereby author- Suiset'"^ ized to purchase a farm in some suitable loc9,lity within the county of Oneida, on which they may cause to be erected buildings and structures for the accommodation of the poor of said county. § 3, ch. 6, 1859. §913. The board of supervisors of the' county of ^S??"'!;''" Uneida are hereby directed, at their annual meeting in connty'to the year eighteen hundred and sixty-one, and at each ifn{Jd*n| '" ' successive annual meeting for the term of three years 5°g'"''^°'"'' next thereafter, to cause, in each successive year as afore- said, to be assessed, levied and collected, over and above all expenses of collecting the same, the sum of four thou- sand five hundred dollars upon the taxable property in said county, for the purpose of building a poor-house on the poor-house farm of said county, in the town of Eome ; each of which sums, when collected, shall be paid to the treasurer of said county. § 1, ch. 41, 1860. § 914. W. S. Bartlett, Squire Utley, J. JST. Conant, all co^ni..^ of said county, are hereby appointed commissioners to Snpirintend superintend the building of said poor-house, and they, or pSorimiso a majority of them, are hereby authorized to determine j"^"''''* upon the plan, form and manner in which said poor-house shall be constructed ; also, to select the site, on the farm aforesaid, on which to construct said building, and, as often as may be necessary, to draw for and receive the moneys appropriated and borrowed for the construction thereof, and to do all such other acts and things as may be necessary and proper to be done to complete the same. § 2, same ch. § 915. The said commissioners shall, before they enter commia- npon their duties, give a bond to the supervisors of the ||ye*bmd. county of Oneida, with sufficient sureties, to be approved by the county judge of the said county, in a penalty 6f twenty thousand dollars, conditioned for the faithful dis- charge of their duties as such commissioners and expen- diture of the moneys committed to their charge for the purposes aforesaid, which said bond shall be tiled in the office of the clerk of the county aforesaid. § 3, same ch, § 916. The said commissioners are hereby authorized commia- and empowered to borrow all or any part of the moneys borerw " directed to be raised by section one (section 913) of this ^o"'/- act, and to pledge the credit of said county for the pay- ment of the same, with annual legal interest, in four equal annual installments; the first installment of prin- cipal to be paid in the year eighteen hundred and sixty- two. § 4, same ch. 284 RELIEF OP THE POOR. Actlnscom- miSBioner. In case the commlsi- pioners fail to borrow money, comptroller to loan out of com- mon school fnnd to county not to exceed $1!I,000. Interest to be lovicd and paid, etc. § 917. The said commissioners, before entering on their duties, shall designate one of their number as acting com-, missioiler, who shall be entitled to a compensation of two dollars per da,j, and all actual necessary expenses in- curred in the discharge of his duties under this act, for his services while engaged in the actual performance of his duties as such commissioner; and the remaining com- missioners shall be entitled to a like compensation for their services while engaged in the actual performance of their duties under this act ; and the commissioners shall render annually an account of their proceedings and expenditures to the board of supervisors of said county, until they have fully executed their duties under this act. §5, ch. 41, 1860." § 918. In case the commissioners shall fail to borrow the sums of money directed to be raised by section one of this act, or any part thereof, the comptroller is hereby authorized to loan to the county of Oneida a sum of money not exceeding, together with the amount so bor- rowed by said commissioners, the sum of eighteen thou- sand dollars, out of any moneys now or hereafter in the treasury of this state, belonging to the. capital of the common school fund, on receiving from the treasurer of said county a bond or bonds, conditioned for him as treasurer, and his successor in office, to repay the same in four equal annual installments ; the first installment of principal payable in the year eighteen hundred and sixty-two, togetlier with the interest annually on said loan from the time it is made, at the usual rate per annum, and which bond said treasurer is hereby author- ized and required to make and execute when thereto requested by the commissioners appointed by this act. § 6, same ch. § 919. The board of supervisors of said county shall cause to be levied, assessed and collected, in addition to the sums hereinbefore directed to be levied, assessed and collected, at their annual meeting in the year eighteen hundred and sixty, and annually thereafter, a sum sufB- cient to pay the interest of the said sum or sums so to be borrowed ; and it shall be the duty of the treasurer of said county to pay, out of the sums of money herein- before directed to be levied, assessed and collected, together with the interest thereon, when so collected and paid to him, into the treasury of this state a sum suffi- cient to discharge his said bond or bonds ; and in case the commissioners shall borrow all or any portion of the moneys herein appropriated, as contemplated by section four of this act (section 916), then the treasurer of said county shall pay to the persons designated by the com BELIEF OF THE POOR. 285 the sums of money so borrowed by them, together with the interest thereon, in discharge of tlie obligations given by said commissioners for the moneys BO borrowed by them. § 7, same ch. § 920. If either of the commissioners hereinbefore Vacancy in named shall die, resign or refuse to serve, or become in- comm?8- capacitated for discharging the duties of commissioner, "'O""'- the vacancy shall be filled by the board of supervisors of said county at their next annual meeting. § 8, ch. 41, 1860. § 921. The superintendents of the poor of Oneida c^^ilC^g,,. county shall have power, and are hereby authorized, from perintend- time to tmie, to purchase or procure, in anticipation, and poor to pur- to keep on hand such articles of provisions, fuel, articles visTons'etc. or things as they may deem advisable, for the purpose of supplying and affording relief to such poor persons or ' paupers, who, through sickness or disability, are by law entitled thereto ; also to hire a store, place or depot for such purpose, and, if necessary, to employ a suitable agent or agents to take charge thereof, and apply in a due and prudent manner such relief, on the written orders of the overseers of the poor of said city, as hereinafter provided, under such restrictions and regulations as the superin- tendents shall or may legally prescribe. The amount paid by said superintendents for the use of storehouse and for the service of said agent or agents, shall not ex- ceed six hundred dollars in any one year-; and no intoxi- cating liquors of any kind whatsoever shall be purchased by said superintendents, for, or kept at said store, place or depot. § 1, ch. 217, 1838.* / § 922. "Whenever the superintendents of the poor shall f"'^"^'' decide to establish such store or depot, they shall be law-' estabUsiieti. fully authorized, and it is hereby made their duty, to make all such purchases in the name of the said county of Oneida, in a prudent and economical manner, and when so procured they shall be deposited in such place, store or depot, as shall have been by them provided, to be, by their agent or agents, delivered to such poor or pauper persons, on order of the overseer of the poor, at the wholesale oy cost price of such provisions, fuel, articles or things ; they are also required, and it is hereby made their dutj', to keep or cause to be kept, a true and accurate account of all provisions, fuel, articles or things, by them purchased as aforesaid, together with the whole- sale or cost prices thereof, and of all moneys drawn, used or expended for the same, and make report thereof to the Report to . [ ^ be made ti , boHrd of su « " An act amending the poor Jaws of Oneida county, to enable the superintend- pervisors. enta of the poor to eatablisii a store or provision depot in the city of Utica," paeaed April 14, 18SS ; three-flttha being present. 286 RELIEF OF THE POOR. board of supervisora of said county, within five days after the commencement of each annual session of said board of supervisors, giving an account of all services rendered, and supplies furnished ; stating the time ar.d nature of such services, the amount, quantity and quality of the articles furnished, to whom and the time when delivered, and the cost thereof, duly verified by the oath of such super- intendents of the poor, and of their agent or agents ; and no accounts by them rendered shall be audited or allowed by the board of supervisors for any supplies claimed to have been purchased or distributed, or for any services rendered, unless the same shall be made out in items, with dateSj stating the time, the quantity and quality of the articles furnished and distributed ;■ the wholesale or cost price thereof, together with the character and amount of services for which siach charge is made ; and then, not unless accompanied with an afiidavit duly executed and sworn by the superintendents of the poor, and of their agents : tliat they have not, either directly or indirectly, individually or collectively, been interested in any sup- plies furnished or distributed by them, or any of them, and they have not received any money, promises or gifts, from any person or persons, from whom or through whom such provisions, fuel, articles or things, shall or may have been purchased or procured. And the said superintend- ents, at the time of making said reports, shall submit to said board of supervisors, all orders upon which provi- sions, fuel or other articles or things, have been delivered under this act. § 2, ch. 217, 1858. Book to be §923. The agent or agents of the superintendents of kept, etc. the poor shall keep a book in which shall be entered the quality and quantity, together with the wholesale or cost price of each article purchased ; they are also required to keep an account, in items, of all provisions, articles or things, by them delivered ; and to whom, on the order of the overseer of the poor, and render a just and true account thereof to the superintendents of the poor, when so required. § 3, same ch. ProTision. § ^24. It shall not be lawful for the superintendents nouobe of the poor, or their agent or agents, to dispose of, on their own order, or to sell any of the provisions, fuel, arti- cles or things that shall or may be purchased pursuant to the requirements of this act, to any private person or persons, employees, societies or others, except upon an order duly issued by the overseer of the poor ; and no order shall be by him granted or issued, unless for the relief of the person or persons therein named. § 4, same ch. OT^rseertff § 925. It shall be lawful for the overseer of the poor KiMto of the city of [Jtica, in said county, under the directions RELffiF OF THE POOE. 287 of the said superintendents, to give temporary relief by givetem- giving orders upon such articles and things as may be fieif'^ '*" thus procured by said superintendents; and all orders for temporary relief given by said overseer, shall be truly dated, and shall specify the person in whose favor given, the articles and things to be delivered oil the order, and the quantity of each article or things, and the total amount in dollars and cents, and shall be drawn upon the articles and things thus provided by the said superin^ tendents, and on such place or places so provided as the said superiutentents shall from time to time designate. § 5, ch. 217, 1858. § 926. After said superintendents have established no orders such depot, and while it shall be continued, it shall not for^umpoT' be lawful for the overseer of the poor of the city of TJtica ■•"? •■«'«' to draw any order for temporary relief on any other store other jtoro. or stores, but if the said superintendents of the poor shall fail to cause any provisions, articles or things, delivered on the orders of said overseer to be delivered at the cost or wholesale prices thereof, then the said overseer may apply to the first judge of the county of Oneida for an order to be directed to said superintendents, requiring them to show cause before him, at court or at chambersj on not more than five nor less than three days' notice, why said provisions, articles or things, should not be de- livered at the cost or wholesale price thereof. And for powers of this purpose the said county judge shall have jurisdiction Judge? and full power and authority to hear and determine said MandamnB. matter, and to enforce his decision by mandamus, and by *'°" fine not exceeding ten dollars for each' offense. § 6, same ch. § 92T. The overseer of the poor of said city shall keep Book to i>» a book, to be provided by the superintendents of the ^*p'- poor, in which he shall enter the name of every person for whose relief he shall issue his order as aforesaid, the date of each application, the age, nativity and probable cause of pauperism of such applicant, and the amount of relief granted to each. Such order, when issued, shall contain the date, the amount for which drawn, the name of the person relieved, and shall designate whether for provisions, fuel, or such other articles as the necessities of the applicant may require. He shall also enter the same upon the stub or margin of such order remaining in his book, which he shall retain in his possession, and de- liver to the clerk of the board of supervisors when so required. § 7, same ch, § 928. The superintendents of the poor of said county ^"iy'^n^^^g' are hereby authorized to make and ordain such rules and by«uperin- by-laws as they may think necessary for the purpose of poo1'!''am°' 288 orders to be drawn on county treasurer for pay- ment, etc. Overseer la mica. Salary of overseer of poor in titica. Salary, how levied and collected. Powers, du- ties and lia- bilities of such over- seer. Power of common council to remove overseer. Also, In respect to beggars, vagrants and drunk' ards in TJtSca. RELIEF OF THE POOR. regulating and carrying into eflFect the powers granted to them under the provisions of this act. The superintend ents shall audit all accounts of such articles and things bought by them by virtue and in pursuance of this act, from time to time, as they audit all accounts for articles and thitigs bought for the poor-house, and shall draw orders on the county treasurer to pay therefor. § 8, ch. 217, 1858. § 929. All provisions of law inconsistent with the pro- visions of this act are hereby repealed. § 9, same ch. § 930. The city officers [of the city of Utica] shall be * * * an overseer of the poor," * * * who shall be elected by ballot by the electors of the city. Part of § 4, title 2, ch. 18, 1862. § 931. The salary of the overseer of the poor of the said city [city of Utica] shall be twelve hundred dollars, annually, and shall be in full compensation for all serv- ices rendered by him as such officer, including clerk hire. § 2, ch. 104, 1869. § 932. The amount of such salary shall bo audited, levied and collected in the same manner as other town charges in said city. § 3, same ch. § 933. The overseer of the poor shall, subject to the direction of the common council, under such rules and regulations as the mayor and board of auditors of the town of Utica shall from time to time prescribe, possess all the powei's conferred by law upon the overseers of the poor of the several towns of Oneida county, and be sub- ject to the same duties, liabilities and obligations. § 21, title 2, ch. 18, 1862, as amended by § 3, ch. 28, 1870. The common council may remove from office the treas- urer, clerk, city attorney, overseer of the poor, assessors, collectors or constables. No such officer shall be removed except for cause, and not until he shall have notice in writing of the character of the charges made against him, and an opportunity be given him of being heard in his defense. The cause of such i-emoval shall be assigned in writing and entered in the records of the proceeding of the common council. § 44, title 3, ch. 18, 1862, as amended bf § 7, ch. 28, 1870. The common council [of the city of Utica] is particularly authorized to enact • By section in, title 2, ch. 18, 1862, it is provided that all officers elected by the electors of the city of Utica shall enter upon the duties of their offices on Tuesday succeeding their election, and continue in office until the Tuesday suc- ceeding the next annual city election, excepting the recorder, justices of the peace, aldermen and assessors. By section eleven of the sametitle, it Is also further provi- ded that all officers of said city shall continue in office until their successors are elected or appointed, and have taken their oaths of office and become qualified to serve therein. And by section six of the same title it is ilirther provided, that an election for officers of the city, except the recorder, to be called the city election, shall be held annually on the first Tuesday in March, at soch places as the com- mon council shall, from time to time., appoint. RELIEF OF THE POOR. 289 ordinances to restrain and punish vagrants, mendicants, street beggars and persons soliciting almsj keepers of houses of ill fame, common prostitutes, bawds and dis- orderly persons,, and to prevent and punish drunkenness and disorderly or immoral conduct ra jiublic places and streets. Sub. 3, § 35, title 3, ch. 18, 1862. , The common aibo, m council shall have powei* to occupy and maintain as a workhouae, city workhouse the building and premises in said city, ^f&c.*'"'' known as the city hospital ; to appoint keepers theifeof, and overseers of the persons confined therein or required to labor as hereinafter mentioned, and to prescribe all necessary regulations for the government of such work- house and the oiBcers thereof. The common council shall have power to require and compel all persons who shall be committed to jail by the recorder under the seventeenth section of an act entitled " An act to sup- press intemperance, and to regulate the sale of intoxicat- ing liquors," passed April 16, 1857, or under either of the acts entitled "Of beggars and vagrants," or "Of disordily* persons,'^ or by any justice of the peace of said city, during the absence or inability of the recorder, or a vacancy in his office ; and all persons who shall be committed tO' jail for any violation of the ordi- nances or police laws or regulations of said city, to be confined at hard labor in such workhouse, or to labor in the streets or elsewhere in said city.' And, in case such person shall refuse to perform such labor, the coimmou council shall have the power to inflict such reasonable punishment as shall be necessary to secure obedience and subniission. The city shall have the beiieflt' of the labor of such persons ; and in case where such "persons shall labor upon public improvements authorized by the com- mon council, under the provisions of this aot, the reason- ble value of such labor, to be determined by the common council, may be included in the costs an^ e^xpenses of such improvement, and assessed upon the property benefited in cases where such assessment ia authorized by the pro- visions of this act. § 78, title 6> ch. 18, 1862. §• 934. The city of Utica, for all purposes except tjiose Tostmon- j provided for in this act, shall he regai'ded as-oneof the: ^***" ' towns of Oneida county. § 137, title 12, ch.. 18,. 186SL, § 935. The fiscal year, Under the provisions of thk »«*,. riettn year shall commence on Thuiadiay of the second week befiM-e the annual city election. The civil yeajc shaU com- citu year.. ^ mence on the second Tuesday in, Majch in eaeh, year. ' § 140, title 12, ch. 18> 1862. • Sointh/s original.. 37 290 RELIEF OF THE POOR. Borne, ove> Beer of the poor, how to be appointed. His qnallfl- catiunfe. Term of olhce. Removal of overeeer ; how may be made. Appoint- ment, when made. Sneh over- Beer to execute official bond His powers and dntiee. Salary. Monthly report of overseer. § 936, [There shall be] one overseer of the poor [of the city of Rome who] shall be appointed by the mayor and common council. Part of § 1, title 2, ch. 25," 1870. [Such overseer must be a resident of the city, and his removal therefrom would render the office held by him vacant from the time of such removal. § 16, title 2, ch. 25, 1870.] All officers elected or appointed under this act, except alder- men, recorder and justices of the peace, shall hold their offices for one year, and until their successors shall qualify. But the common council may remove at pleasure any officer appointed by them, and appoint another in his stead, who shall hold until the expiration of the term of his predecessor, subject to the like power of removal by the common council. § 14, title 2, ch. 26, 1870. At the first regular meeting of the common council, after their organization subsequent to the annual election (which was held on the first Tuesday of March, 1870) as pre- scribed by this act (and by § 2, title 2) or at some subse- quent meeting, and as soon thereafter as may be, it shall be their duty to appoint one overseer of the poor. Part of § 17, same title. The overseer of the poor shall, before he enters upon his office, execute and file with the cham- berlain a bond'' to the city of Rome, in such sum as the council shall direct, and with such sureties as the mayor shall approve, conditioned that he shall faithfully ais- charge the duties of his office and pay over all moneys received by him. § 21, same title, 'the overseer of the poor provided for by this act shall have the same powers and duties as overseers of the poor in any town in the county of Oneida, except as otherwise provided by this act. The said overseer shall receive for his services a salary not exceeding eight hundred dollars in each year, to be fixed by the common council, and shall not take or receive any other fee or reward for any services whatever, and shall report all cases of temporary relief, and the manner of it, to the comuwa council at the end of every •An act to incorporate the city of Home. Faeeed February 23, 1870 ; threc-flftha being present. * ° fi&. If any officer. Who Bhall be reqnirod by any of the provlsiona of this act, or by any ordinance of the common coundl, to execute any bond or other instrument before entering upon the dntiee of hii> office, shall fall to execute the same in the manner preecriDM by-this act or by any such ordinance, within tfen days after he shall have been duly uotifled to do. so, the^ommon council may declare his office vacant, and proceed to cause the same ttrbd fflled in the manner provided in this act in cases of vacanples in office S 98, title g, eh. 86, 1870. % 24. No member of the common council shall be appointed to any office by the - common council; nor shall any aldermun or, the' mayor be in any manner, direuUy or indirectly, interested in any contract to which the city shall be ^ party ; and any such contMct, in which' any such officer shall be or becoifte interested, shall thereby and thereupon be and become void. ^ 24, same ch. ' g 25. If any jierson having been in office in' said city shall not, within ten days after notification and request, deliver to his successor in office all property, papers — and effects of every description in his possession or under his control oelonging to said city, or appertaining to the office so held, he shall forfeit and pay to the use of said city one hundred dollars, besides aUidoDiaceB caused by his neglect or refusal to to deliver. J 25, same ch. RELIEF OF THE POpp. 291 month, and in the performance of his duties.shalj be under Overseer to . the control of the common council, and shall afford' ho """'y- further temporary relief in cases reported as above with- out direction as to manner and amount of the common council, and shall give such surety, by bond or otherwise, for the performance of his duties as the common council shall prescribe. ,The expenses for the poor, including the Poor salary of the overseer, as audited by the common eoiincil, *^*°^**' Bh,all be levied by the board of supervisors upon the city as hitherto upon the town of Rome. Part of § 3, title i. ' ch. 25, 1870. §937. The common council shall have power within Beggarea^ said city [of Rome] to make, establish, publish and Kome. modify, amend and repe^il ra],e8, regulations and by-laws, tp restrain and punish vagrants, mendicants, street beg- gars, and common prostitutes. Siib. 8 of § 8, title 2, ch. 25, 1870. " • ■ § 938. The sole object of said society [the Utica orphan object of asylam] shall be the support and education of orphan OTp^n'tsy- children, but the trustees and managers of said society i°™- may,' under such regulations as they shall, from time to time, adopt, admit children who have one parent living to a participation in the benefits of said society. The said corporation may, for the purposes of the society. May receive take by gift, grant, devise, becLjiest or purchase, and ^^^ueets. hold real and personal estate, to an amount not exceeding one hundred and fifty thousand dollars. § 2, ch. 267, 1830 ; as amended by § 3, ch. 55,» 185& CHAP. XXXI. ONONDAGA COUNTY. ' Bectiok 939. Accounts of supeiinteiidentB of the county poor house and of the overseers, for services and expenses incuired by them for the temporary relief of the poor, to be audited by board of supervisors, 940. Supplies to be furnished to the county poor ; board of supervisors have power to contract respecting, and to fix salary of Syracuse overseersi 941. Superintendents cpnstituted a subordinate a,uditing board. 943. Salary of physician attending county paupers ; the board of supervisors empowered to fix. • An ati to revive and amend the act to incorporate the orphan asylum Boclety intheclty of^Uoa. FaBscd March 36; 1856. 292 RELIEF OF THE POOil. Section 943. Supplies ; , gnperintendents and overeeers not to be interested personally in contracting for ; how accounts for supplies onlj to ie audited. 944 Annual statements of amounts received and disborged made by superinte^d^^s of the county poor-house, to be rendered to the supervisors. 945. Repeal of inconsistent laws. 946. Supply of water for county poor-house ; superintendents authorized to take proceedings to obtain. 947. Costs and charges for such proceedings to be a county • charge. 948. Indians, sick and indigent ; board of supervisors required to employ physician, to attend upoA ; bills of such physician to be audited by such board, and how to be paid. i 949. Appropriations to be made by the legislature for that purpose, and the same to be I paid to Onondaga county treasurer. 950. Supervisors, when may also make additlpnal approptia- Uons. 951. Overseers in Syracuse. 953. Their powers and duties. 953. Poor and work-house in or near Syracuse to be erected and established. 954. Also a hospital for the' sick. 955. Moneys for the erection of such work-house and hospital, &c., how to be raised. 956. Grounds for such work-house and hospital to be selected and purchased under direction of common council, &c. 957. Wor^-honse and hospital to be ijnd^r management and control of common council. 958. Persons applying for relief in Syracuse ; when overseer authorized to send to poor and work-house or hospital. 959. Superintendent of the poor and work-house ; the common council to appoint ; compensation and duties of such superintendent. 960. Persons in such poor and work-house as are able to work under direction of such superintendent ; such persons refusing to work, when may be dismissed from such work-house. 961. Persons applying for relief while such work-house and hospital are in the progress of erection when may be put to work upon the building. 962. Expenses of hospital and of work-house; how to be audited and paid. 963. Common council of Syracuse may enter into agreement with Onondaga county and with the towns of said county, or any of them, for the care and support of paupers at such work-house and hospital ; removal of such paupers to such hospital and work-house. 964. "Physician of hospital" to be appointed by common council ; his term of office, pay, and powers and duties. 965. Chapter 146 of 1852 declared a public act. 966. Sale of the Syracuse ctiy poor and work-house 'property authorized. reliee; op the poor. 293 Sbction 967. Bequests of David Sfi\, deceased, to the overseers of the pool of the town of Skaneateles legalized, and such overseers and their successors authorized to take odA * receive the same ; bonds to be executed by such over- seers and what sucli bonds to contiiin. 968. Such bonds and sureties to be approved by supervisor of such town and filed. 969. Such bverseers to account at abnual meeting to board of ' town auditors. 970. Investment of such bequests to be made, and the income arising therefrom how to be applied. 971. Actions 'by overseers finthorized for recovery of such • funds loane4. 973. Bonds given in pursuance of section 967, how, to be giVeii, &o., and moneys collected thereon to be paid over to the overseers. 973. Syracuse home association ; its object and business. 974. Board.of managers of such association ;■ their powers. 975. Children surrendered to the charge and direction of sa(sh association; the board of managers may place at some suitable employmeptj &c. , 976. \yho to be ex officio guardians of children for the pur- pose of milking surrender of theih to such association. § 939. The board of siipervisors of the county of Orion- Accounts daga shall hereafter, at their 'annual meeting, audit and pertatend"- settle all accounts of the superintendents of the county 5?*so/"»e 1 «.j , ii"^ ,i.ii- *' Onondaga pooT-house or said' county ; the accounts oi the overseers conntypoor of the poor of the city of Syracuse, and of the several •aSSfted'ty* towns in said county, for services and expenses 'incurred enpervisors by them for the temporary relief of the county poor of said county, and the accounts of all other persons for like services rendered, or for supplies furnished, and for medi- cal attendance by physicians for the poor, chargeable to said county. § 1, ch; 231,» 1852. §940. The board of supervisors of said county, shall Board ofeu- have power to contract with any person or persons, also Sf^con- with the mayor and common council of the city of Syra- ^^^p^pifeJ. ciise, for supplies to be furnished to the poor, chargeable f?.|J'°^'' to' said county as county paupers; and to fix the salary of •the overseers of the poor of the city of Syracuse, in the said county, for their personal services in discharging their oflScial duties, so far as relates to the paupers of said citj', chargeable to the said county of Onondaga. § 2, same ch. § 941; The superintendents of the poor of the county g„pe,j„. of Onondaga are hereby constituted a subordinate board Jj"*^®^'" "'' to assist in auditing the'^oor expenses of said county, and enbord^nate shall be under the direction and controli of the board of! ^°"^' supervisors of said county. § 3, same ch, §942. The board of supervisors of said county shall saiatyof > &n act entitled " An act in relation to the auditing the expenses for the sup- port of the poor, and the purchase at supplies in the county at Onondaga," passed April 12, 1852. ,,. . , ■ , • 294 RELIEF OF TH^ pdoft. ' the phyBi- have power to fix the salary of the physican attending the '^°' sick paupers chargeable to said county, and may contract for medical attendance on said county paupers. § 4, ch. 231, '52. demYmd"' § ^*^- '^^^ superintendents of the county poor-house overseers of of the county of Ououdaga, the overseers of the poor of to be" n'ter- the towns and of the city of Syracuse in said county, shall 8nppii°B?°^ not directly or indirectly be interested in any supplies furnished or ordered by them or anj of them; and no accounts shall be audited by said board of supervisors for services rendered and supplies' furnished for the 'poor of said county, unless the same shall be made out ,in items with dates, stating the time and nature of the services rendered, the quantity and quality of the articles furn- ished, and the time when delivered, duly verified accord- ing to the form prescribed by law applicable to accounts audited by boards of supervisors. § 5, cht 231, 1852. S'^o*™' § 944. The supe^tehdents of the county poor-house accoMt of ^^^^ render, under oath, to the supervisors at t]ieir annual moneys meeting, a true and faithful statement of 8.11 the moneys received by them from the said county ; also all moneys received from the commissioners of emigration for the sup- port of county pauperfe ; and of all the produots raised on the farm belonging to the said county poor-house ; also of what ^sposition has been made of the saAHe, and whether any labor has been performed by county paupers, or by any property belonging to the county ; and if so, in what way, and for whose benefit was the same performed. § 6, same en. Bepeai- § 945. All provisions of law inconsistent with the pro- visions of this act are hereby .repealed. §1 7, same ch. snppiyof § 946. For the purpose of supplying' the county poor- ODon'da'i house in the county of Onondaga with water, said county. coant: poor- r--. ifoneo, tl^rough the superintendent of the poor thereof, may take Proceed- ' the Same proceedings in relation to any waters, streams US', ho"??" ^^ springs in the viciflity of said county poor-house, and bad.' the purchase and taking of such waters, streams and springs, and the land connected therewith, as the Syra- cuse city water works company is now authorized by law to take ; and, for the purpose aforesaid, all the provisions in relation to making surveys and taking waters, 8ti;pam8 and springs, and the appraisal thereof, and the compen- sation therefor contained in the act entitled "An act to incorporate the Syracuse City Water Works company," passed April fifth, eighteen hundred and forty-nine, and the several acts amending the same, are hereby made applicable to said county ot Onondaga acting in the man- Bxception. nor aforesaid ; but the three streams lying north and west of said poor-house, known respectively as the Furnace, Kenyon and Loomis brooks are expressly excepted from the operation of this section. § 1, ch. 812, 1867. REILIEF OF THE POOR. 2^ § 947. The coats, charges and ; expenses necessarily costs an* . incurred in the proceedings lunder/the first Section (section ''•'"''s*"" 946) of this , act, including compensation fori waters, streams j. .springs and land, shall be a charge upon, said county of Onondaga,! and shall be levied and collected as other county charges by the board of supervisors of .said cfrnnty. §2, ch. 812^ 1867. ,, § 948. The board of supervisors of the oounty of Onpn- onondaga daga are hereby authorized : and required to employ Jther"todf-* annually hereafter some suitable and competent physician g™* f""*'' to attend upon and, minister to thenecessitiesof.sicfc andiDaMes'Of. indigent Indians of said tribe of Onondaga Indians, or snperrfsora transient Indians of other tribes who may be temporarily, J^Jreto!"* residing, with them ,; and, procure and furnish ,toithem> in addition, to professional services, such necessary medicines,, , proper food and attendance as he may deemifit and proper for their condition. And all bills , made by such physiciap, under the provisions of this section,: for such medic,M'l aid, medicines, food, and attendance, when properly verified according to law, shall be audited, and allowed by the said; board of supervisors of said county, and upon their order to be paid by the county treasurer outpftheononieys in his hands specially provided for the purpose in the second section (sec.. 949).of the act hereby amended. § 1, ch. 206,, 1858, as amended. by § l,ch. 134, 1861,,. §s949. To carry into efiect the provisions pf.this act, LogiBiatpre the legislature shall annually appropriate such su,m . as, appr^rtate may be necessary, not exceeding three hundred dollars, 2,0™?!*' to be paid out of the general, fund, to the treasurer of the county of Onondaga, on his warrant, tobeby him;^ept as a fund to be applied and paid, only, as is provided in the first section of this act. § 2, ch. ,206,, 1868. § 950. If in any year the board of supervisors of the snperrisore county of Onondaga shall deem the appropriation provided SdTituma! in the second, section (sec. 949) of this act inadequate or f^P™^^, . insufficient to carry out the intention and aim of this act, fines coi- they may appropriate, in addition thereto, such sum of seutag*" money as they may thint, necessary therefor, out of any "^""etc"' moneys which may come into the treasury of said county, aridng from that portion of the moneys collected as -fines for selling liquor to the Indians and foi" trespasses upon Indian lands, which now by law is paid over to the chiefs of the Onondaga Indians ; but all such moneys shall be directly appropriated by the board of supervisors them- selves, upon the recommendation of the supervisor of the town of Onondaga and the agent of the OnondagallidiaHiS, to be applied and disbursed in the same manner and by the same person or physician as is provided in the first section (sec. 948) of this act. § 3, same ch. 296 Oreneen of poor in Syracnte. Th«ir tenn of office andpoweri). Poor and work honee Fball be erected. Hospital. A snm not exceeding $16,000 may be borrow- ed. Common council to eelect groni]i4s. To bave tbe manage- rnent^ direc- tion, etc., of tbe worlc RELIEF OF THE POOa § 951. The officers of the city [of Syracuse] elected by general ticket shall be two overseers of the poor (one of whom, and only one, shall reside, serve and keep his office in the first ward). Part of § 1 , title 3, ch. 63,» 1857. § 952. The overseers of the poor shall hold office one y6ar, and possess all the powers and authority of over- seers of the poor in the several towns of this state and county, and shall be subject to the same duties, obliga- tions and liabilities." § 8, title 5, same cb. § 953. There shall be erected and established in, or near the city of Syracuse, a poor and work-house," for the reception, maintririance and employment of poor per- sons. §^1, ch. 146, 1852. § 954. There shall also be erected and maintained in or near said city a hospital for the sick. § 2, same ch. § 955. The common council of said city is hereby authorized to borrow, on the credit of the city corporation, a sum not exceeding sixteen thousand dollars, payable in annual installments of two thousand dollars each, with annual interest, to be expended in the erection of said poor and work-house and hospital, and in the purchase of lots and grounds on which to locate the same, and to be nsed in connection therewith. § 3, same ch. § 956; The grounds for the said poor and work-house and hospital shJlU be selected and purchased by, or under the direction of, the said common council ; and the conveyance or conveyances of the same shall be executed to the city corporation ; and all the necessary buildings and fixtures shall be erected and constructed under the direction of the common council, or under the superintendence and direction of some person or persons appointed for that purpose by said common council. § 4, same ch. § 957. The management, direction and control of the said poor and work-house and hospital shall be vested in the said common council, who is hereby authorized and <^ An act to reyiEie the charter of tbe city of Syracnse, paeeed March S, 1857 ; three fifths being present. b Sections eleven and twelve of title six, chapter twenty-eight, of eighteen ban- dred and ftfty-four, which chapter is also entitled "An act to revise the charter of the city of Syracnse, are as Ibllows : jlL TJuj.overKecrsof the poor shall be elected anpnally; they shall posseBS, puDJect to the direction of the conlmon council, all the powers and anthority of overseers of the poor in the several towns }n this state, in relation to the support and relief of Indigent persons : the binding out of children, who or whose parents sh&ll become chargeable to the said city, or the county of Onondaga in the said city: the safe keeping and care of lunatics; the care of habitual drunkards: the binding and contracting'for the services of disorderly persons: the support of baatards, and proceedings to cjiarge the fathers of such bastards ; and all such other powers as are conierrcd on overseers of the poor in the respective tpwns and' they shall be subject to the same duties, abligatlonii and liabilities. 8,18. The oompion conncil may prescribe to what persons, and in what mai.ner, support and relief may be furnished: The overi^eers of the poor, or elJher of them, shall have power tp commit indigent or poor persons, chargeable to the said city to the " poor and work-house " of said city for support and assistance. • Btr chapter aoi of the laws of 1S67 tbe sale of the Syracuse poor and work-hoou Is anthorized. See post, secticte 966. BELIEF OF THE POOR; 297 empowered to make by-laws and ordinances relative to house and the admission of the sick into the hospital; to establish i °°^ rules for the regulation and discipline of the said poor and work-house and hospital, respectively ; to appoint necessary officers to take charge of the same ; to fix their compensation and prescribe their duties ; and generally to make all such byJaws and ordinances as said com. mon council shall deem expedient for the government and management thereof. § &, ch. 146, 1852. § 958., When any person having a settlement in said when any city shall apply for relief to the overseers of the poor of JSiuppiy said city, or either of them, and it shall appear that such f°"«^i«'- person . is in such indigent circumstances as to require any considerable amount of relief, atid can be safely removed, said overseers, or either of theih^ shall cause the E cor person to be taken to said poor and work-house and ospital, to be relieved, provided for, attended and ; employed, as the circumstances of the case may require. § 6, same ch. § 959. There shall be" appointed by the said common snperinten- council a person who shall be known and designated as anS'.^o?k°' the "superintendent of the poor and work-house," who house shall shall^ under the direction of the common council, have el."^''"™ the control and superintendence of the said poor and work-house:; he shall hold hi^ office during the. pleasure of the comtnon council^ and shall receive such com- pensation as it shall designate; and before he enters upon the duties of said office he shall execute a bond to the city corporation in such sum, and with such surety or sureties, as the common council shall approve, condi- tioned that he will in all respects faithfully discharge the duties of his said office, which said bond shall be filed in the city clerk's office. § 7, same ch. § 960. Every person maintained at such poor and work- persons m house, whose age and health will permit, shall be employed ?„ work'un- by or under the direction of the said superintendent at J^^'/™'. such work and labor, and at such place in or near said perintend- city, as the said superintendent shall direct ; the work to *"'■ ♦ be adapted as far as consistent to the capacity of the individual, and, in case any such person shall neglect or refuse to perform ^the work assigned to him or her- by the person in charge on two different occSsions, such per- son shall be dismissed from the poor and work-house with- out further relief. § 8, same eh. ' § 961. At any time during the erection of said poor persons ap- and work-house and hospital, or either of them, an over- ^l^i^f^^y seer of the' poor of said city to whom any person (being a (he empioy- inale) shall apply for relief, if the age and health of such huuaingf person will permit, may direct such person to work and 38 298 RELIEF OF THE POOR Ezttenees over aud above all receipts, bow paid. Common council may enter into an agree- ment with Ononda&ra connty, or with towns. Shall appoint a Ehyslcian : iatennoi offl6e aild bond. Sectored s public act. labor in the constrnction of the necessary buildings and erections, and in fitting up the grounds ; and, if any such person shall neglect or refuse to work and obey the directions of the person or persons having chaiig^ of the work he shall not be entitled to relief. § 9, ch. 146, 1852. § 962. The expeiises of the hospital, and also the expenses of the poor and work-house, over and above all receipts for the laborof those therein maintained, shall be audited by the common council and paid out of the city treasury ; and the amount of such expenses, or the estimated amount thereof, shall be assessed, levied, col- lected, and paid into the city treasury in the same manner as other contingent expenses of said city* § 10, same oh. § 963. It shall be lawful for the common council of said city to enterinto an agreement, from tiine t6 time, with the board of supervisors of Onandaga county, and also an agreement with the severar towns of the said county, respectively, by and through the respective board of town auditors ot such towns, for the support, care, and attendance, at said poor arid work-hoUs© and hospital,' of paupere chargeable to said county, and allow paupers chai^eable to said towns, respectively, and pursuant to any such agreement any overseer of the poor of ariy town, or city, of skid county, may cause to be removfed to said poor and work-house or hospital, as the circumstances of the' case may reqnirfe, any pauper chargeable to said county, or to any of said towns ; and such paupers may be maintained, attended, andta&en care ofj at such poor and work-house, or hospital, as the case may be; and all the charges, expenses and accounts of said city corpora- tioir for the same shall be audited and paid by the said county and towns', respiectively, in the same manner as other expenses for the support of the. poor, chargeable to said county and towns respectively. § 11, same ch. § 964. The said common council shall appoint a physician, who shall be known and designated as the " physician of the hospital." He shall attetid the sick at the nospital, and also take such furtjier charge of the hospital, and perform such medical services for the poor efeewhese as the common council shall, by rule, or other- wise-, direct ; he shall hold his office during the pleasure of, and the compensation which he shall receive for his services shall be determined by, the common counciL And if required by the common council he shall execute to the corporation an official bond,-to be approved by the common council in all respects and filed in the city clerk's office. § 12, same ch. §, 965, This act is hereby declared a public act, and shall take effect immediately. § 13, same ch. RELIEF OF THfe p'OOR. 299 § 96.6. THe mayor of the city of Syracuse, Henry D. saieof sy- Did,ajila; and JTatliamel B. Smith, of said city, are ^lereby poor 'and''' aiittorized and enipowered, as commissipners for that ]J,°ao?iSed! purpose, to sell ana convey the property belonging to said city of Syracuse, and commonly known as the city poor and work-house property, situated in the town of Geddes, in such manner and upon such terms as they shall deem for th6 best interests of said city, and to exe- . cute a good and sufficieiit deed to convey the fee simple to the purchaser or purchasers thereof; the avails of such sk],e to be paid into the treasury of said city ; and any sebilrities which shall be taken for any balance of unpaid purchase-money shall be made payabk to and collectible hj.th6 treasurer of said city, and shall be deposited and kept with the clerk of said city. § 1, ch. 202,. 1867. I 967. The several bequests to the overseers of the Legalizing poor of the town of Skaneateles, in and by the last will tequests'of and testaiitient of David Hall, late of said town, deceased David Haii, (said will being recorded in book N of "wills, on page ofskane-' ninety,, etc., in the surrogate's oiEce of the county of '"®'®'- On'ohdaga), are hereby so far legalized, ratified and con- firnaed, as that the said overseers of the poor 'in. said town of Slftoeateles, and their successors ill office, are hereby authoi'ized .to take and rebel ve said serveral bequests or f hnds ; and they or each of them are hereby required to give good and sufficient bail th said town, in aOeast doubly se9,poBt, uie ainount of said funds, by bond, with one or mofe'S*^^- sureties, conditioned for' tlie faithful keeping and apply- ing said respective funds, and the interest thereof, in manner afofesaid during their officia;! term; and at the expiration of their terms of office, tb account for, pay and deliver over to their successors in office said fuhdfe, respect- ively, and securities therefor, and to report to the suc- ceeding town meeting the conditio'ii and disposition of said funds, respectively, and the yearly interest orincom'e thereof. § 1, ch. 734, 1867. § 968. The bond and sureties mentioned in the last Anp|pT«ioJ section) shall be approved by the supervisor of said town of Skaneateles, aUd'filfed in the office of the town clerk of said town. § 2, same ch. § 969. It shall be the duty of such overseers of the Accounts of poor to render to the boaifd of town auditors of said towii ""■'*"■ at their annual meeting for auditing the accbnnts of tbwh • officers, a full and particular account, in writing, of the condition and' disposition of each of said bequests or funds, and of the yearly interest or income thereof, to be audited by said board. § 3, same ch. § 970. Said overseer of the poor, and their successors in investment office, are hereby authorized to loan or invest and re-invest, "^ '"^i"®'**- 300 RELmF OF THE POOR, frpm time to time, in the name of " tLe overseers of the poor of th6 town of Skaneateles," said funds, respectiyely, in the manner and upon the security specified in said Ja6;t will and testament ; and to apply the yearly interest or income of the fund denominated in said will the "Hall Hau poor poor fund," for the relief of the poor of said town from ''"^^' time to time as they may think proper ; and annually to divide between and pay to the several superintendenis of Sunday-schools in said town, in the proportions aforesaid, the interest or incoine of the fund denominated in said will the " Hall Sunday-school fund," to be laid out and expended by said superintendents, respectively, in books for the scholars of said schools. § 4, ch. 734, 1867. Actions for § 971. Such ovcrseers of the poor, and their successors recovery of ^^ office, are hereby authorized to commence and main- loaned. ^j^jjj g^j^j aistion or actions in and by the name of " the overseers of the poor of the town of Skaneatele^," for the recovery and collection of any or any part of such funds or moneys so loaned or invested by them or their prede- cessors, and the interest thereon ; anji such action shall not abate or be discontinued by reason of the expiration of the term of office, or of the death or removal of any such overseer or overseers, but shall be continued by his or their survivor or successors in office. § 5, same ch. In what § 972. All bonds given in pursuance of the first section to"e^ven' of this act (section 967) shall be given to and taken by bron^"""" ^^^ ^^^^ *'^'^^ ^^ Skaneateles in its corporate name ; and all actions upon or for the breach of the condition thereof shall be prosecuted by the supervisor of said town, and shall be brought by and in the name of " the town of Skaneateles ; and all moneys collected or received there- on, remaining after dedupting the necessary expense of collection, are to ,be paid over to the overseers of the poor of said town, to be by them invested in the manner and for the purposes aforesaid, and for the benefit of and as part of the fund to which it stall belong. § 6, same ch. • boS^«*8o- § ^T^'. t^^ object and business of the Syracuse Home elation. Association] shall be to establish a home for the protee- tion and relief of virtuous, destitute and unprotected fe-, males, and for such destitute and unprotected children as m^y not be iacluded within the provisions of the Onon- daga Orphan Asylum," ^.nd to prosecute their efforts for the relief of the poor of the city, to secure their physical, • Ch. 165, 1847, IJ 8 and 4 provide for the payment of certain school moneye to the Onondaga County Orphan Asylum. Said chapter also amends chapter 188 of , 1845, entitled an act to incorporate the Syracuse Orphan Asyluin, and changes the name of said incomoration to '• The Onondaga County Orphan Asylum.", By |4o( ch. 183, of 1845. achfld surrendered to the charge and direction of said iustilution, by asnpermtendent of the poor of the county of Onondaga, orljyone of the 6ver4cer» . of the poor of the town ot Salina, might be bound out by the tnieteus thefeof to some suitable employment, in the same manner as overseers of the poor ar« authorized by law to bind out poor and indigent childrc^r • EELIEF OF THE POOR. ' ^01 social, mental and moral improvement in the manner proposed by the constitution of said association, adopting such measures, ifor the em^loyrnent and instruction of the inmates of the Home, and of other objects of their char- ity, as shalVbe competent to the association. Part of § 1, ch. 321, 1853. § 974: The boai^d of managers shall have power to ap- power of point stTch agents, matron, teacher, or domestic assistants m/nagera as shall be necessary, and to make all needful and proper 'o.™*"^*?- regulatioijs for, their specific duties, and for those of the ltc.° "^° '' inmates of the Home, prescribing for the children and youth committed to their care a. course of instruction and management, to the same extent and with the same rights as exist in the case of natural guardians. § 4, same qh. § 9T5. When any child shall be surrendered to the charge Duty of and direction of ^aid corporation, by an instrument in writ- ^^1170'° ing, signed by a parent or guardian of such child, by a cMWren superintendent of the poor of the county of Onondaga (or rende/eTto by an overseer of the poor of the city of Syracuse, or oMhe*cl> mayor of the city of Syracuse, or surrogate of the county psed of. ' , ' 1009. Duties of recorder and of treasurer of Newburgh in re; - spect to making certain reports respecting excise laws. 1010< 'Walden poll tax ; who may relieve poor persons from its payment, &o. , ,,. , 1011. Newburgh Hpme for the Friendless ;, i^ qbj«ot, 1018. Managers of may make by-laws to govern children un- der their care, and prescribe course of instruction, &c. 1013. Board of managers when may bind out chil^en sur- rendered to their care. 1014. ChildreM instructed' in s'chools of such Btotise entitled to draw annual apportionment of public school moneys. 89 306 RELIEF' OF THE POOR. Skction 1015. In certain cas^s who to be guardian of cliild, for the purpose of making surrender of such child to the " Home." 1016. Board of counselors prescribed for such institntion, and for what purpose. Town and city of New bnrgh ona poor dis- trict. OfBclsl name of faperln- tendent of poor. Election of almshoare commis- rlonera. Powers of SOllce JDB- ce of town given to recorder of city. Moneys borrowed, who liable tberefoi. § 988. The town of Newburgh and the city of New- burgh shall, together, constitute one district for the pur- pose of providing for the support of the poor thereof, and all the provisions of the act entitled '" An act for the better support of the poor in the town of NeWbUflli'; in the county of Orange," passed March twepty-three, eiighteen hund^-ej^ and fifty-three, shall continue in force, apd shall apply to such district, except as, heiiejin other- wise provided- The corporate , name of " The commis-., 'sioners of the almshouse of the town of Kewburgh," is hereby changed to "The commissiohets of the alms- house of the city and to'wn of Newburgh." ' The su- perintendent of the poor shall hereafter be denominated " The Superintendent of the Poor of the ' city and town of Newburgh." Two commissioners of the almshouse, to take the place of those ■whose terms of office shall ex- pire next after this act shall take effect, shall be elected at the annual town meeting in the town of Newburgh, next after the passage of this act, and whenever and as often as the term of office of the two commissii^ners so chosen, and, their pjiccessors, shall expire, the electors of the town of Newburgh, at the annual town meeting in said town, shall elect commissioners in their i places. Whenever the terras of office of the other commissioners of the almshouse, in office when this act shall take ef- fect, sl^all expire, their successors shall be chosen by the electors of the city of Newburgh, at their annual elec- tion of city officers,' held next before the expiration of sneh terms of office, and the right to elect the siiccessors of those so chosen shall belong to the electors of the city of Newburgh; dt their annual election's as aforesaid. All powers givbft by law to the police justice of the town of Newburgh in relation to commitments to the custody of the keeper of the almshouse, are hereby given to the recorder of the city of Newburgh, in all crises arising in said oityi, and to each of the justices of the '^eride of the town of Newburgh in all cases arising in said town. Whenever' any money shall be borrowed by ih6 Comrais- sioners of the almshouse in pursuance of the provisions of the sfid act, the city of Newburgh fvnd the town of Newburgh shall be jointly liable fpr th*! payment there- 9f. The apnual report required by the said ■ act to be made by the said commissionerp shall' hereafter be made RELIEF OF THE t06&. ' §07 in duplicate, one of whicli shall be filed in the offic4' of the town clerk of the town of Newburgh, and the other shall be filed in the office of the clei-k of tho city of Newburgh, and thesaid reports shall be published in all the newspa^iers prifted in the City and town of New- bui^h. §4:, title 11, ch. 541, 1865 ; as amended by ch. 114,"'1866. §989. The town of I^ewburgh shall not hfereafter be J^*J'J'J'|'' subjected to' taxation for the support or maintenance of tfnct dis-"' the poor of or in the other towns of the county of Or- *'"''■ ange ; nor shall the other" towns of the county of Orange be taxed or required to contribute for the support of tpe pbor of or in the town of Newburgh ; but such town of Kewburgh, for all the pUi-poses of supporting the; poor .within its limits, and carrying iito efiect the laws of the state for the support and relief of indigent- pei-^oiis', sh'dll be a separate and distinct district. § 1, ch. 44," 1853. ' „ , § 990; The office of overseer of the poor in the tbWn oaiceof' of Newb«ii-gh is hereby abolished. There shall be a cor- 2bS*d poration in the said town by the name of " The commis- sioners of the almshouse of the [city' an d]' town of NeW- commis- burgh," which 'Shall possess the usualpow^rs'of a corpo- liSfahoMe. ration for public purposes. Henry Wyckbtf, David W. Bate, David H. Barclay, George: Gearn, Alfred Pogt, and Eugene A. Brewster, are hereby appbittted such commissioners for the purpose of carrying into efifect the provisions of this act. They shall be divided into threfe classes, and. hold their offices for the periods following, classes, that is to say : David W; ■ Bate and George Gearn shall constitute the first clasSj' and hold their office's niitil the first Tuesday of April,' eighteen hundred and fifty- four; Alfred Post and Eugene A. Brewster shall cotisti- tude the second class, and hold their offices uhtil th^ first Tuesday of April, eighteen hundred and fifty-five; aftd Henry ' Wyckoff and : David H. Barclay shall constitute the third class, and' hold their offices until thb first Tu^^- dayi of April, eighteen hundred and fifty-six; and'tipon the expiration of their several terms ' of office (prior tb KiecHonsto the first Tuesday of April, 1866), ' th^ir places shalim JJ^,"""- filled by persons duly elected at the annual town meet- 'l'"',"'} ings held in the town of Newbiirgh fo*" the year in which gee. into,' such terms of o&ce shall expire, which elections 6h all be ss^s. 'conducted in the following manner, that is to say : each elector may place upon a separate ballot the name bf one > An act to amend an act entitled " An act to incorporate tlie city^ of Kew- bargh, passed Aprti tirenty-second, 1865," passed March 9, 1866. . b An act for tlie better support of the poor in the town of Newbargb, in the connty of Orange. Paesed March SS, 1853, three-flfths being preset. 3Q8 RELIEF OF THE POOR. suitable person, who shall ha a citizen of the United States, of full age, ,and a resident of said town of New- hurgh, under the words " for commissioner of the alms- house," and deposit the same in a separate box to be pro- vided for that purpose by the o^ers who shall preside at such towa meetings ; and a separate poll list shall be kept of the persons voting for such commissioners ; and the two persons having the greatest number of votes, at such elections, shall be declared and deemed to be duly elected. And at every annual town meeting thereafter (prior to the first Tuesday, of April, 1866), there shall be elected, in the same manner, two persons as such commis- sioners. The persons elected shall hold their office for the term, of three years, and until others are duly elected in their places. § 2, eh. 44, 1853; as modified by §4, ch. 114, 1866. Powers and § 991. The gaid commissioners of the almshouse may cOT^e' , sue and be sued in their corporate name, in any of the «#w cQurts of this state. They shall have the sole and ex- clusive care and management of the poor in the said town, and shall provide for and maintain the persons enumerated in the fourteenth section of the act concern- ing " the relief and support of indigent persons," in the manner hereinafter mentioned, and for that purpose they shall haye and exercise all the powers and authority now vested by Iftw in the overseers of the poor of towns, and in tbe superintendents of the poor of counties, not incon- sistent with the provisions of this act. They shall also have and possess the powers following : To w^otot 1, To appoint, by a resolution to be entered upon their tcnAsntoir minutes, an officer, to be denominated "the superinten- '""''■ dent of the poor of the [city and] town of Newburgh," to- gether with such other agents as may be necessary in or- der to carry into ^fifect the purposes of this act, which said superintendent arid other agents shall hold their of- fices during the pleasure of the said -commissioners, and receive, such fixed annual salary, as a compensation for their services, as the said commissioners may direct. As moc^ified by § 4, ch. 114, 1866. To TiBit 2. ^0 visit the poor of the said town at their several poor, *c. places of residence, and inquire and eaanaine into their cirpumstances, the number and ages of the members of their families, the places of their- former residences, their employments, for what length of time and to what ex- tent they have been dependent on the public for support, their ability to labor, and the causes of their poverty ; and the commissioners may direct either permanent or temporary relief to such poor persons, under such rules and regulations as they may from time tc»^ time adopt. RELIEF OF THE POOR. 809 8. To eontracK foi", purchase and provide ptovisions, Tomake* fuel, clothing^ and otheT necessaries, for the support of or ?or''p" vf- distribution aniong -the poor; and such eattlfe, stock, »'<">«, &c. furniture and farming utensils for the aliiitehouse and :' lands hereinafter mentioned, as in their judgment they may deem necessary. 4 To purchase in fee-isiniple, and take a deed of eon- to pnr- veytoce to the said cohamissioners in their < corporate ^rmMd name, of a farm of land not exceeding one hundred «««' ""ii** acres, and to ereot therfeon, if naeessary, a building suf- ^'" ficient for the residence and accommodation of the poor of. the said town, to be denominated the "almshouse." But the amount of money to be expended by the said flommissioners, in purchase of the said farm and the erec' tion of the Said buildings, shall not exceed the sum of twelve thousand dollars. And until such farm and build- ings can be purchased and provided, as aforfesaidj the said commissioners may hire a house and a lot of ground for a term of time, as a residence for the poor of the said town, at an annual rent not exceeding five hundred dol-' lars. Sub. 4, § 8, ch. 44 1853, as amended by § 1, ch. 495, 1853. 5. The said commissioners may also cause to be con» ceiistobe fetructed within, or within the vicinity of, said alms- constructed house, a cell or cells, or other place or places of confine- ment,' for the temporary imprisonment or detention of vagrants. And the [recorder of the city of Newburgh, in all cases arising in said city, is required by his warranty and each of the justices of the peace of the town ^ of Newburgh, in all cases arising. in said town, is required by his warrant,*] to be directed to and executed by one of the police constables of said to.wn, to commit to th© cus- tody of the keeper of the said almshouse, to be confined in such cells or pkoes of confinement, all persons ad- judged vagrants, according to the provisions of the act concerning beggars and vagrantSj and sentenced by him to imprisonment therefor, And the^keeper of said alms- house is hereby authorized to require all persons, so com- keeper'of mitted to his charge, to do and perform such work and 'imshonse. labor as the superintendeflt of the poor of the said towil . . shall direct. [The board and maintenance of every va- grant committed' to the almshouse of the city and town ^art°ror of Newburgh, who, under the provisions of the general ™||'"it'„d acts conGerning beggars and vagrapts, might have been to New- Sentenced to the county jail, fenall be at the same rate hSule.*'"" \ The original words " Police justice of the town of Newburgh ii hereby re- quired by hu warrant," struck out. «id in place thereof the word'ri between th« nrst.br^ete, is subdivision^ S of section 99%, substituted, to cduform to thS modlflcatlbuB in that respect made by Section 988. 310 RELIEF OF THE POOR. Such board a county cbArge. Ch. 44, 18SS, lo conform. To receive moneya from com- missioners ot emigra- tion. Brtiig salts. To appoint a president or the board. allowed to the sheriff, under-sheriff or keeper of the county jail of Orange county, for the board of prisoners in said county jail, for a terni not exceeding sixty days on any one conviction, shall be a charge upon the county of Orange, and shall be audited and collected in the samo manner as other county charges, and shsill be paid to tho commissioners of the almshouse of the city and town of Newburgh. § 1, ch. 418," 1870. The act entitled " An act for the better support of the poor of the town of Newburgh, in the connty of Orange," passed. March third, eighteen hundred and fifty-three, as amended by subs.equent acts, is hereby . amended so as to conforra.to the provisions of, this act. § 2, same ch.J Sub. 5 of § 3, ch. 44, 1853. as amended by § 1, ch. 102, 1854, and by § 1, ch. 132," 1856 ; and modified by ch. 114, 1866, and amended by §§ 1 and 2, oh. 418, 1870- 6. The said commissioners shall also have power to receive from the commissioners of emigration all moneys they may become entitled to receive for and on account of foreign paupers relieved by; them, and also, froni. the supervisor of the town of Newbiirgh, the excise money received in said town, with all fines, forfeitures and pen- alties which may accrue to them as such commissioners, together with all moneys raised in the said town fpr the support of the poor, which said several sums of money shall be applied by the said commissioners to the sup- port and relief of the poor in said town, according to the provisions of this act. . 7. The said commissionere shall also have power, and it, shall be their duty, to sue. in their corporate name for all violations of the excise laws, comniitted in said town, in any court having jurisdiction of such suits. All other suits and proceedings which may now by law be prosecuted and maintained, in the name of the over- seers of the poor of the town of Newburgh, to enforce civil remedies, shall and may hereafter be prosecuted and maintained, and such remedies may be enforced, in the name of the commissioners of the almshouse of the [city and] town; of Newburgh. Sub. 7, § 3, ch. 44, 1853, %s. modified by ch 114, 1866. 8. Such commissioners may also, appoint one of their body president, and they may also fill a|l vacancies which • An act to provide for the payment of the board of vagrants committed to Ibe alms house of the city and town of Newburgh. Passed April 27, 1870 ; threc-HfUii being present. t The following is section 2, chapter 182, 1856, viz. : "All those parts of said sec- tion first of chapter one bnndred and two of the laws of eighteen hundred ana flfty-fonr, that are inconsistent with the provisions of this act, are hereby re- pealed." Tho first section of chapter 102, of 1864, contains nothing more than toe amendment of subdivision 6 of chapter 44, 18S8, while chapter 18C'1866 (section 1 of said chapter), does nothing more than again amend the aforesaid snbdlnilon. RELIEF OP THE POOR. 811 ihay pccyr among, their number by death, resignation • or otherwise, by appointing some suitable person or per- sons to fill aiich vacancy or vacancies, 'who' shall hold theii^' offices for the unexpired terms of. the persons, wtose place?, h^ve thus 'become . vacant. They s^ll keep a JJjJf JfAJ^ ■written tecbi'jd, of their proceedings,, and may establish ceedtegaij rules and regulations for their own ^O^e^-nmeliit, the ;goy- ' ernnieut of their superintendent, .agent and servants, in the exaniination of piaupers and others applying for or entitled to relief, or for adrijission to the almshouse,'^'and in the distnbiition of food, fuel, cl'oithirigand other neces- '. . saries among the pooi^ of the town; Spb. 8,§3,ch.44, 1853i 0. They shall have po^i'CT froip time to time, to borrow l»owerto all staeh sums of money as 'they maiy d'eern ii6ceSsary to in'onej! carry dut ttie' powers' vested in them' by this act, and to give obligations in their corporate name, to be signed by their president and secretary, for the paytnent of such sums of money,, aiid of any debts incurred by them as etiQh'domniissioners, and the town of Newburgh shall be liable for th'e'fiaynient.of such obligations. 10, They sh^llhave the powers superintendents of the Lunatic*, poor now have in relation to lunatics in said town, and to provide .for theu". safe-keeping in a 'proper jbl ace in said town, or to send thera to a liinatie 'asylum ; aiid they shall also have the same powers which overseers of the poor, now have in relation to bindiijg oTit jiiinor or in- mSor»f°°' faiit children in said town, and als'o ,the same pQ^.ei'S in relation to binding out minor children sent to' the said almshouse, that county superintendents of the poor now have to bind out children sent tO a county poor- house, under and by virtue' of section fi'v^, article first, title four, chapter eight, 6;f'the second ^art of the Eevised' Statutes. ISub. 10,asamendtedby§2, bh.i02, 1854.' [The Money to said commissioners of the almshouse shall have power to buifto«i. expend all such sums of money, in addition to the amount Spefcified',in the said act hereby amended, as shall be neces- sary to erect and finish- off and furnish suCh additional buildings herein provided for, and the necessary barn and othei- out-buildings required at the alms|iouse, and' also fOr all' necessary repairs for the buildings. § 3, ch. 102, 1854.]' ' : 11. They shall have the same pbwere as overseers of the Powers in poor and county superintendents of the poOi* now haVe in' b«»ta?da!° relation to bastards, within said toWn. And all proceed- ings, to be had in such cases, shall be in theil* corporate akmei. And air bonds, reqWired according to the pro vi-' gions of 'theBtatutJ^s relating' to bastards, shalj be given to them in their c0^rporate name; but nbthing in this act' contained shall be construed to release or discharge the Buperintendents of the' poor of Orange county from their 8X2 RELIEF OF THE POOR. Snpsrintenr dent to kee]^ an office. Duties of ■nperlnten- dcnt. Annual re- port of com' mlBBlonera. liatilitj to any person or persons residing in the town of !N'ewbnrgh, supporting any bastard child alreadj^. charge- able to said county of Orange, jn cases in which they have heretofore compromiaed with ,the putative father for such support. Sub. 11, § 3, ch. 44, 1853. § 992. The said superintendent, of the poor shall keep an office, to be provided for him by the said commission- ers, in the [qity]' of JTewburgh, which shftll be open and accessible to those having business therein, at sjich hours as such commissioners may designate. He shall devote his time and attention to the discharge of hia , public duties, ^nd shall, among other things, atten(^ the meet- ings of the said board 9f commissioners, and act as the secretary thereof. He shall aid them in the examination into the circumstances and conditions qf the poor persona applying for or entitled to relief, as provided inthe seo: ond subdivision of section second of this act;, and shall keep a record of such exan^inations. He shall kpep the minutes of the proceedings of the commissioners, apd an account of their receipts and (Jisl'W'^ements, tog^hej with the pames of the persons relieved, the manner of the relief, and the time when it was rendered, and pre- pare their annual and other reports. He shall carry into effect the orders and directions of the, said commissioners in distributing relief to poor persons, and generally per- forin all such duties as may be assigned to him from time to time. § 4, ch. 44, 1853 ; as amended by cli. 242, 1862. § 993. The said commissioners shall annually, on the first day of November in each year, cause to he pre- pared a report,'' containing an exaqt and accurate ac- count of all moneys received by them, and the sources from whence su,ch moneys were received, during the preceding year ; an exact and accurate account of all their expenditures, and of all debts incurred by them, which are unpaid for the same period of time ; and the objects for which such debts were incurred, and to which such expenditures were applied, and to the persons to whom tney were paid, for the same period of time also; the number of persons admitted and discharged from the almshouse; the number of those provided with out- door relief; the expenses incurred for keeping and sup- plying such ajmshouse, and the expenses incurred for such out-door relief during the year ; which said report shall be signed by the said commissioners and superin- tendents, apd filed in the office of the town clerk of such town, and published in two newspapers published in said village of Newburgh. § 5, same ch. • The word " Tillage " omitted, and the the word "[city]" Inserted In place theieol « ^j chapter 43A, 1870,— aee poat— proTiaioni of K 114-130, ante are ectendcd attOtmide sppUcabU to laid commiarioners. RELIEF* OF THE POOR. 85 g § 994. The said commisMoners shall also, on the first when com- day of November in each year, make a written esti- tom,Ske"n- mate, to be signed by them, of the amount of money ^^^of^i, which in their jndgment will be required for ^;he sup- Mmfbr _ port of the poor of sfeid '^city 'and town for the next pon??'^c" fejllowing year ; and shall deliver sueli estimate to anV pe^i°ors' Bupeft-visor of any of the wards of the city of Newburgli, thereon. or ,to the supervisor of the town of Newburgh, and thfe gupervisor receiving such estimate shall lay the same be- fore ithe boaird of supervisors of the county of Orange at their next, annual meeting, who shall- apportion thfe amount between the city of Newburgh and the town of Newhurgh, in proportion to the amount of' taxable prop- erty in each rescpectively ; and shall cause the sum so apportioned to the city of Ne\^burgh to be levied and collected] on said city, and the sum so apportioned to the town of Newburgh to be levied and collected on said town, in the same manner as the other taxes are levied and collected ; and said board of supervisors shall also, by their warrant, directand require the collectors of said city of Newhurgh and town of Newburgh respectively, to pay the said moneysj when collected, to the said com- missioners, who shall apply the same to the relifef find support of the poor in the manner herein directed. § 5, title 11, ch. 541, 1865 ; amending § 6, ch. 44, 1853. § 995i The town of Newburgfa. shall be entitled to re- proportion ceive from the board of supervisors of the county of Or- °f ™'"6 of ange, in money, its fair and just proportion of the esti- poor-house, mated value of the county poor-house, farm and build- °*™' *°- ings, with the iappurtenances and the personal propei*ty , thereon being, belonging Uo said county; which- propor- tion shall be in the same ratio to the ascertained value of the said poor-house and farm,- with the appurtenances and personal property, as the amount of state and county taxes charged upon the town of Newburgh bears to the aggregate amount of state and county taxes charged upoi* the county of Orange, according to the assessment rolls of the several towns therein, for the year eighteen hun dred and fifty-two j for the purpose of a,scertaining the value of the said, county poor-house, farm and per- sonal property, the said board of supervisors shall, on the the second day of their next annual meeting, by resolu- tiQn,i'appoint one competent and disinterested person as " an appraiser, and the said commissioners- shall also appoint Appraiser hy like resolution one other competent and disinterested *° 57^*!' piarson as appraiser who shall proaeed with all convenient ^° ° * " ^aed. to examine the said property, and to estimate and atpp'^jse all value of the said real and personal property ; vithicksaid. estimate and appraisal shall h& in the form of 40 314 RELIEF OF THfe POOR. a report in writing, and shall specify the several piecra and items of property, with the values thereof, arid shall to?rfl!?d ^® signed by the said appraisers and filed with the clerk withciork; x)f the said board of snpervisors; and the aggregate amount of sucjh values shall be ideemed and taken to be the true value of such real and personal property. If the said appraisers shall' disagree, and become unable by reason thereof; to make such report, they shall bertify Buch disagreement in writing, under their hands, to one of the justices of the supreme court, who shall thereupon, by an order to be entered for that purpose, appoint one other competent and disinterested person as an additional appraiser, to estimate and appraise the value of such prop- erty ; and the said three iappraisers shall then proceed to re-eixatniue the said property, and to niiake an ap- praisement, of the value, thereof; and the written re- port of the .said appraisers, 'or any two of them, made, signed and filed as hereinbefore mentioned, shall be final and conclusive as to the value of such real and personal propierty. The reasonable fees and expenses of the said appraisers, for making, such estimate and appraisal, shall be paid by the board of supervisors, as a part' of the PQvmty expenses. The said board of supervisors shall cause the just proportion of the town of Newburgh, in the said real and personal property, wheii estimated and ascertained as afoi?esaiid,to be assessed upoh and collected from the other towns^ of the said county of Orange, ex- cluding the town of Newburgh; and shall cause the same, wJpien so collected, to be paid ovei* to the said com- missipners of the almshouse. The appraisers mentioned numherof i" this,section shall also estimate the number of paupers panper.. contained in tlie Orange county poor-house at. the time of such appraisal, and ' shall set apart as belonging to the tovyn of Newburgh such number of said pauperB as shall be equitable-, assuming as the basis for such diwiT sion the proportion which the money apportioned Jo the town of Kewburgh shall bear to the who^le^ 'amount of county-house property, and such proportion of the prin- cipal aforesaid shall be ' .taken to Newburgh, and main^ tained at ,the co^t of.Newburgh: § 7, ch.;.!*, 1853. To par- § 996. The said commissioners shall apply such moneys &^.!*fo*r''*"' to the purchase of the lands for an alhashouse, and to de- fray the expense of erecting buildings thereon, or to the payment and satisfaction of any debt contracted iy them for such lands, . almshouse and buildings; all other mo- neys required by them for proouri An Act in relation to a superintendent and overseen of the poor in and for th* county of Orleans. Passed July 11, 1851. reli?:f of the poor. 321 to take his place, and the person thus elected shall hold said pflfice for tWee years from the first day of Jairitiai^ following his election, and until his successor shall be duly chosen and qualified. § 3, ch. 540, 1851. § 1021. Thte overseers of the poor of the several towns SlyTumish of said county are hereby authorized to furaish tempo- temporary rary relief in such cases as they may think it more just and prudent than to §end the persons requiring it to the county poor-house, not exceeding ten dollars in any one case, unless by written consent of the superintendent of the poor, and then, such further sum as said superintend- ent shaiir deem necesSs^i'y and proper; and iaIT sums of money thus paid out, and all expenses incurred by reason of such temporary relief, shall be levied, collected and paid in the same manner as other expenses for the support of thepbor in said county. § 4, same ch. § 1022. All former laws iil relation to the support ^Z^^ atid maintenance of th^ poor in said county,inc'onsi8tent with the provisions: of I this act are hereby repealed. § 5, same ch. ■ CHAP. XXXV. OSWEGO COUNTY. Section 1033. Superintendents in Oswego county ; board of super- visors authorized to fix the number to be elected ; terms of office Of such superintendents. 1034. Accounts of superintendents to be itudited by the board of supervisors. '' ■'•'■" 1035. Oswego drptan Asylum; appropriations for, may be mad&by supervisors, &c. , . : 1036. Oswego, city of, commissioners of public charity and keepers of almshouses and wort^houses, &c., in such -pity. . , M (;i,H 1037. Officers in such city how to be chosen. 1038. Who eligible to office, and how office ijnay become vacant. i^ 1089. Election, when to be held, and duty of city clerk in respect thereto. ; i i . . ; ] . i ,• n r 1030. Poor fund in the city of Oswego, and duty of common council in respect to such fund. [,":> 1031. Commissioners of public charities, who to constitute board of in such city. 1033. Mayor to be presiding officer of such board, but to have no vote except in cases of a tie vote ; president pro tem., how to be chosen. J ' 1033. Commissioners of public charity, how to be appointed, and their terms of office. - "' Ci l * 41 ggg RELIEF OF THE POOR. Bbction 1034 Powers and duties of such commissioDerB. 1085. Commissioneis to hold semi-montbly meetings, and authorized to employ one or two persons to transact the business of the commission, one of whom to be designated as clerk of the commission when in sesBion. 1086. SucK clerks to execute, with sureties, bond to the city of Oswego ; duty of commission in respect to such bond. 1087. Yearly such commission to render to the common coun- cil an estimate required to be raised for the ensuing year for the relief or support of the poor, and tba in- cidental expenses of the commission ; duty of the common council thereupon. 1088- When, amount required may be anticipated, and the mayor authorized to execute note or notes for that purpose ; funds raised by such notes to be paid into .city treasury. 1039. Expenditures of the commission, how to be made ; duty of the mayor of the city and clerk of commission. 1040. Duty of treasurer of city. 1041. Record of proceedings of conimission to be kept, and report to be published in city official paper monthly; what such report to conttiin ; such commission also to make report in detail of expenditures to common council. 1043. Such commission to possess the powers conferred upon overseers of the poor in the several towns, and be subject to the same duties. 1043. No member of the commission, or any of its employees, to be interested in the purchase or sale of supplies. 1044. Salary of each member of such commission. 1045. Inconsistent acts repealed. 1046. Office of persons holding the office of overseers of the poor in the city of Oswego, when to terminate. 1047. Almshouse in Oswego, powers of commissioners of public charity in respect thereto, and to the purchase of land therefor. 1048. Almshouses, whom commissioners may send to; in- mates may be required by commissioners to labor; cells in almshouse for confinement of lunatics and idiots ; contracts may be made by commissioners with the county or any town in the county, or other proper authorities, for the support of the poor. 1049. Unexpended balance of volunteer fund of the city to be placed to credit of the commissioners. 1050. Buch commissioners may authorize their clerk to take, in their name, certain proceedings, and to conduct such proceedings. 1051. So much of S15, title 8, ch. 468, 1860, as relates to hos- pital and aJipBhouse in Oswego, repealed., 1053. Pest-house may be maintained and penitentiary erected by the common council ; superintendents may be ap- pointed, &o., &c. ; contract for support of lunatics. 1063. Poor-house farm in the town of Schroeppel ; superrison authorized to cause to be levied certain moneys for the purchase of such farm, and the erection of a town poor-house thereon. 1054. Such farm to be the property of such town, and to be under the charge of the overseers ofthe poor. RELIEF OF THE POOR. 323 Section 1055. Such overseers empowered to remove poor persons to sueh fa);m, and to employ them while there ; proceeds of isuch farm how to be -applied. 1056. Duties of the collector of such town. 1057. Commissioners appointed to purchase such farm ; their bond. 1058. Duties of such commissioners and their compensation ; ' annual, report to be made. 1059. Acts of auch commissioners to be audited by the super- visor and justices of the peace of such town, who are to fejport to boardof siapervisbjs ; vacancy in office Of any of commissioners how tp' be supplied. 1060. 'Moneys to be used in erecting buildings, or making im- provements on suoh farm, may be borrowed by such commissioners. 1061., Commissioiiers. yarned and authorized to sell the Schroeppel poor farm. 1062. Such farm may be sold on credit. 1063. Application of the proceeds of the sale of auch farm how to be made. 1064. Such commissioners to give bond ; what such bond - shall contain. 1065. Chapter 317, 18f?0, relating to the purchase of a town poor farm in the town of Hannibal, repealed. ^066. Moneys collected under said ch. 317, 1860 ; how to be applied. § 1023. The! board . of supet-visors in the county of ^^^t^°„. Oswego are authorized and empowered hereafter tode- perintend- termine, at any annual or special meeting of said board, ™'*" what number of superintendents, of the poor, not exceed- ing three, shall be elected, in and for said county, and may, by appointment, fill any vacancies that may exist in said number of superintendents of the poor. The superintend- ents of the poor in said county shall hold their office for ^f'offloe™ three years, except that said board may so limit the terms of the superintendents of tlie poor first elected in accord- ance with their resolution that not more, than one term of office shall expire in one year,^ and the termiof any and all superintendents of the poor, appointed by said board of supervisors, shall expire on the' first . day of January succeeding the next general election. § 1, ch, 237, 1861. § 1024. It shall not hereafter be lawful for the super- os.wpgo, intendents of the poor of the county of Oswego to audit perint^nS- or pay, or grant any order for the payment of, any account cSmtsU) of any. of said superintendents for any servicies,. expenses 5^ ^^'^^J."'' or disbursements pertbrmed,. incurred or expended by said vfsore^^'' superintendents, or either of them, for the benefit of, and i chargeable to the said county:; but all such, accounts shall hereafter be audited and paid by the board of supervisors of said county, in the same manner that other county charges are now audited and paid. § 1, ch. 61, 1864. ' 324 RELIEF OF THE POOR Oswego orphan asylom, how money raised for. Oswego, comimei- sloners of public charity and keeper of work-house in. Officers, how to be chosen. ■ Who eligi- ble to office. Vlacancy In office. Election. § 1025, The supervisors of the county of Oswego shsll hereafter have authority to raise money by tax, and appro- priate the flame to the use of the Oswego, orphan asylum; but no money shall , ]be ordered to be raised for the pur- poses herein specified, except at the annual meeting of tlie board of supervisors and by a majority of all the super visors elected in the county, and not to exceed one thou- sand dollars in any one year. § 1, ch. 186, 1858. § 1026. There shall b» four commissioners of public charity [of the city of Oswego], three health commissioners, one health physician, one or more clerks of i the market, so many keepers of almshouses, work-houses, penitentiary pound-masters, and sextons or keepers of burial grounds, as the common council shall from time to time direct. Part of § 1, title 2, ch. 463,* 1860, as amended by § 1, ch. 51, 1866, and by' § 2, eh. 228, 18T0. § 1027. The mayor, recorder, aldermen, justice of the peace, inspectors of election, supervisors, assessors, con- stables, commissioners of common schools, and collectors of taxes and assessinents, shall be elected by bsiUot by the electors of said city, as hereinafter provided. All other offiters, except commissioners of charity, who shall be appointed as provided by title eleven of said city charter, shall be appointed by the common council by ballot. § 3, title 2, ch. 463, 1860, as amended by § 3, ch.*228, 1870. § 1028. No person shall be eligible or appointed to any office in section one of this title mentioned (except the officers designated for each ward, assessors and collectors of taxes and assessments) unless h& shall be at the time an elector and resident of said city; and no person shall be eligible or appointed to "any office in any ward, in sec- tion ^"® designated as a ward officer, unless he shall be at the time an elector and resident of such ward ; and no person shall be eligible or appointed to the office of super- visor, collector of taxes and assessments, or assessor, unlesa he shall be at the time an elector and resident of one of the wards from which he is chosen ; aiyi the mayor, alder- men, commissioners of common schools, and assessors, shall be freeholders in said city. And whenever any officer of said city shall cease to be a resident of the city, or of the ward or district for which he is elected or ap- pointed, his office shall thereby become vacant. § 3, same title as amended by § 4, ch. 228, 1870. § 1029. The annual election for the city (except for com- missioners of common schools) shall be held on the first • "Ah act to' revise the charter of the city of Oswego," passed April 16, US' ■ threv-aiths being present. RELIEF DF THE' POOR. 325 Tttesday of March in each year. The city clerk shall cause notice of such election to he published in the official paper and one other newspaper of the city, for on&week previous to such election. § 5, title 2, oh. 463, 1860, as amended by § 5, ch. 228, 1870. § 1030. The common council [of the city of Oswego] ?''^''^*. shairannually direct and cause to be raised by general dnty^5*^°' tax the following several sums, for the bbjects and purposes coSncS^in and constituting the several funds, specified : Poor' fund. J^IJI^ Such sums as the commissioners of public charity shall esti- mate as necessary for the support of the poor chargeable to said city, and all expenses^ incidental thereto, aad the payment of the salary of the officers, or agents of the city charged with its administration for one year. In the first assessment under this title, and annually thereafter, the common council shall include the indebtedness of the city (if any) on account of the relief and support of the poor, which may be found to exist at the time of making ■ the annual assessment, and for the payment of which no provision shall have been made, which last mentioned sum shall be raised in and by said assessment, in addition to the other sums herein provided. Sub. 4, § 2, title 5, ch. 463, 1860; as amended by § 1, ch. 61, 1866. §1031., The commissior; of public charity and the w»<>*° mayor, shall constitute a bciard, to be called the commis- board, sion of public charities of the city of Oswego. § 1, title 11, ch. 463, 1860 ; fts aipended by ch. 51, 1866. § 1032. The mayor shall be the presiding cifficer of said prceiaing board, but shall have no vote in their deliberations, ex- °'''"'"^- cept in cases where the commission are equally divided,' when he shall have a casting vote. In the absence of ' the mayor, the commission may appoint one of their number as a president ^o feTWpore. § 2, same title, as amended. § 1033. There shall be' appointed within ten days after ^^wof the passage of this act, by the supervisors and the mayor siosemi of the city of Oswego, or a majority thereof, four com- missioners of public charity, one from each ward, two of Howap- whom shall hold their office for two years, or till their pointei successors are appointed ; and two shall hold their offices for four years, or until their successors are app6i!iited, and biennially thereafter, between the tenth day of Jan- Tmnu of uary and the first day of February, there shall be ap- ' pointed, by the same authority, two commissioners of ' publip charity to fill the places of those whose terms of office are about to expire, and who shall hold their offices for fcfuT years, or till their successors are appointed, pro- vided such last appointed cemmissiotiers shall not enter upon their duties until the ^rgianization of the first new 326 BELIEF OF THE POOR. By whom removable. Onty apd power of commiB- sionera. Meeting of commia- «ioners. Clerk of commis- sion. Bond to be execated by clerk. ReMmate of oxpenetee to be made to coancil by commis- ^ionera ; amoailt to be inserted in city as- nessiqeBt common council after their appointment, ati'd provided,'!' that the same authority that appointed these commis- sioners, may remove them, or either of them, from office, for cause, and appoint others in their place, to fill the vacancy so made. § 3, title 11, ch. 463, 1860, as amended hych. 51,1866. § 1034. The said commissioners shall have sole and ex- clusive control of all measures pertaining to the support or relief of the poor of said city. They shall determine the amounts to be raised in each jear, by tax, for poor purposes, and may prescribe to what extent, in what manner, and to whom support or relief shall be furnished, and may control the purchase and procuring of all sup- plies and provisions, fuel or other articles for the use of the poor, and may regulate and control the employment of physicians and medical aid for the poor. § 4, same ch. as amended. § 1035. The commission shall have two meetings in each month. They may, employ one or two competent i persons at a rJ^sonable salary, to transact the business of the commission, and 'who may be retained or" dis- missed, at the pleasure of the commission, one of whom shall be designated as the clerk of the commission, when in session. § 6, same ch. as amended. §,1036. Thp; clerks in the last section; named shall, before entering upon their duties, execute a bond with sufficient sureties, in such sum as the commission, or a majority of them, shall approve, to the city of Qswego, for the proper and faithful execution of their duties. The commission , shall note their approval on the above named bond, and file the same in the office of the clerk of the city of Oswego. § 6, same ch. as amended. § 1037. On or before the twentieth day of July in each year, the commission shall render an estimate to the com- mon council, of the amount required to be raised for the ensuing year, for the relief or support of the poor, and the incidental expenses of the commission, and the com- mon council shall thereupon insert tlie amount, so esti- mated, in the general ci^y assessment, for the current year, as the amount to be raised for poor purposes during snch year, provided such estimate, does not exceed the amount actually expanded by the city, for the support and relief of the poor during the year, next previous. § 7, title 11, ch. 463, I860, as amended by ch. 51, 1866. § 1038. The mayor is hereby authorized, at the request of the commission, at a.ny time after the estimate by the commission of the amount required for the ensuing year, to execute and deliver to the commission, his note or notes, under the city seal, for an amount not exceed- RELIEF, OF THl! POOR, 327 ing ^aid estimate, in anticipation of the tax to be raised Anticip*. in such year for poor purposes. The funds pirocured by """ *" the negotiation of such note ov notes, shall be paid into the city treasury, to the credit of the poor fund. § 8, title 1, ch. 463, 1860, as amended by ch. 61, 1866. §1039. The expenditures of the commission shall be Expendi- made by orders ;drawn on the city treasurer, sighed by Sade.*""* the mayor or the acting president of the commission, and countersigned by the clerk of the commission. § 9, same ch. § 1040. The treasure!' of the city shall pay out all Duty of moijeys so raised, a,nd to the credit of the poor fund, on the order of the pVesident o^ said commissionj counter- signed by the clerk thereof. § 10, same ch. as amended. § 1041i The said commissidn shall keep an accurate Becordpf record of their pi-oceedings anil expenditures, and shall aSafxpm? publish in the official paper 'of the city, monthly, a "ommiMion report showing the amount of their expenditures, and ?°^"p°J? shall, also, make a full and detailed report to the com- ushed'^&c. mon council of the' year's expenditures, in time for pub- lication, with the annual statement of the city clerk. § 11, same ch. as amended. § 1042. The said commission of public charities shall Powew of possess all the powers Conferred by law, upoh the over- slon!" *" seers of the poor of the several towns of this state, and be subject to the same duties, liabilities and dbligations. § 12, same ch. as amended. § 1043. No member of the commission, or person em- commiB- pioyed by them, shall be interested, directly or indi- to™"toSw- rectly, in any purchase, sale or profit, arising from sup- gnppliM. porting the poor, or supplies fupnished to them. ' § 13, , same ch. as amended. § 1044. Each member of the said commission shall ^*JJSiB-^ receive an annual salary of twenty-five dollars. § 14, eioners. ■ same ch. as amended, §_ 1046. All acts or parts of acts inconsistent with thia title, are hereby repealed. § 15, same ch. as amended. § 1046. Immediately upon the organization of this oficeof commission, the office of all persons holding the office of when to' overseer of the poOt in said cily, shall terminate. § 16, *«'™i^'«- title 11, ch. 463, I860, as amended by icli. 51, 1866. '§ 1047.' The commissioners of ; public charity of the Powers of city of Oswego, may maintain the hospital now erected sfoncrs'of on lands in the secolld ward of,' said' city, and may pur- Charity in chase other lands in or out of said city, the title to which reepect to shall be taken ,in the name of the city of Oswego, and '"^ *""*■ may erect 'thereon an almshouse, aiid, may appoint officers and servants fot the governmehi! and management of said almshouse, and may regulaite their' jaoWers and 328 Control of almebonBe, etc. F^aperB to be Bent t6' JlmBhodSe. Labor in ' ' ahiiBhonBe, etc Cells for IniitttlcB, i-tc. CummiB- i^iouers may con- tract for uupport Iff other pa^perB, etc Balance of volunteer relief fund. Clerk of commis- sioners. SnitB, etc., by commis- eionen. RteLIEF OF THE POOR. duties as they shall judge expedient. They shall Ijiave exclusive control of the said lands -when purchased, and of the buildings greeted thereon, and the same shall not be levied on or sold by virtue of any warrant or execu- tion, nor be subject to taxation for anypurppse whatever ; and the common council of said city shall, upon the recommendation of said commissioners of, public, charity, sell any, part of the ^ lands hereinbefore mentioned upon such terms as the said commissioners shall deem reason- able, and the moneys received therpfor shall be paid to the treasurer of the city of Oswego to the cre(3it and for the use of the said commission. § 17, title 11, ch. 463, 1860 as amended by ch. 471, 1866. § 1048. The commipsionfers of public charity of the city of Oswego may send, to and maintain at such alms- house, when erected, all persons in the city, of : Oswego requiring aid from the poor funds of said city, a,nd may also cause such labor, in manufacture^ or ,oth!er\yi8e to be performed by the tenants of said almshouse as theyshalj prescribe, and .ma,y provide the materials, implements and machinery therefor at the expense of said commission. They may also erect in the said almshouse, proper cells and rooms for the confinement and care of lunatics and idiots, and other persons confined therein, and may pro- vide for them and for the care of such lunatics, and may contract with the county of Oswego, or with any town in said county, and with, other persons and authori- ties for the Buppprt, care, and mediqal and, surgical atteijd- ance of any paupers, lunatics, idiots, insane, s^ipk, .diseased or maimed perspns. § 19, same title, as amended. § 1049. Tiie unexpended balance of the voluntefsr relief fund of the city of Oswegicj, amounting to nine thousand four hundfed >"Uf: chasea farm, and toerect flier66n'a town poor-hofuse. Ptosed April 18, ISSflf tteee- fif ths being present. 42 330 RELIEF OF THE PQOR Collector's dnties. Conunis- sloners to parchaBe rarm. Cost of farm, etc., limited. Bond of commiB- Bionera. CommiB- Bioners to proceed Id perform- ance of duty, etc. Their com- penBation and report. Dnty of ■nperri^r and justices of peace in respect to commlB- Bioners'' acconnta. Persons refusing to perform such reasonable service shall not be entitled to any relief while persisting in such refusal. It shall be the duty of the said overseers to apply the proceeds of the farm to the support of the poor of said town, and to account annually for the same in the same manner as for other moneys. § 3, ch. 460, 1859. § 1056. The collector of said town of Schroeppel shall pay over the sums specified in section one of this act, when collected, to the commissioners hereinafter named, and they shall be by them applied to the purposes herein specified. § 4, same ch. § 1057. Andrew Gilbert, Dudley Breed and Amasa P. Hart, of .the aforesaid town of Schroeppel, are hereby appointed commissioners to purchase said farm, and to cause to be erected thereon suitable buildings and im- provements, with power to make all necessary contracts therefor ; provided that the entire cost 6f said farm, buildings and improvements, including interest on moneys 'borrowed and on all back payments, shall not exceed the sum of three thousand five liundred dollars. The said commissioners shall, before entering upon the dnties of their oflSce, execute their joint and seVerg,! bond to the supervisor of said town, with two sureties, who shall be approved by the said supervisor, and conditioned for the faithful performance by said commissioners of their duties, under this act, and the faithful application of said moneys. § 5, same ch. ' ' ''■'" % 1058. It shall be the duty of the said commissioners to proceed without unreasonable delay to the performance of their duties under this act, and to repol-t annually tb the supervisor and justices of the peace of the said town of Schroeppel on tlbe last Thursday preceding the annual meeting of the board of supervisors, all their official pro- ceedings under this act, stating the ariiount of moneys received by them, with each item of expenditurei^'and the amount of money remaining in their hands at the date of their report. The said commissioners shall receive for their services at the rate of one dollar and fifty cehts per day to each of them, for each day necessarily spent in the discharge of their duties under this act, and shall accompany each annual report with a sworn statement of the time actually so spoilt. § 6, same ch. § 1059. It shall be the duty of the supervisor and jus- tices of the peace 6f the aforesaid toWn, on the last Thursday preceding the annual meeting of the boird of supervisors in the year one thousand eighthundred and sixty-two, to audit the account of the said commissioners, and to determine and report to the board of supervisors of the aforesaid county the amount necessary to be raised RELIEF OP THE POOR, 331 to carry ont thb intentions of this act, said amount in no case to exceed the sum of eipjht hundred and seventy-five dollars. In case a vacancy should occur in the office of vacanCT la commissioner under this act either by death, neglect qj. ™™" '°° refusal to serve, removal from the town or for any other cause, the supervisor and justices of the peace of said town, or any three of them, shall appoint a. suitable per- son to fill 6aid vacancy, and said person so appointed , shall, after executing a bond as prescribed above, enter immediately 'nponthe d uties of his office. § 7, ch. 460, 1 859. § J 060. The said commissioners are hereby authorized SonMsmay to borrow, at a lawful rate of intprest, the moneys necessary borrow to make' a payment upon the farm, and to erect the build- CTec^niw- ings and make the necessary improvements in anticipa- *"^- tion of the levying of the taxes aforesaid ; provided; that the sums so borrowed shall not exceed ,tne aggregate amotint of two thousand dollars. § 7, same ch. § 1061. Edmund Merry, Anson Spencer, and Ephraim So'SSi" 0. Fitzgeralds are hereby authorized and empowered, as j/^,"^** commissioners,, to sell and convey the farm belonging to sciiroeppei the town of Schroeppel, in Oswego county, known as the p""'"™- pOor farm, and purchased by said town under and by virtue of an act .entitled " An act to authorize the town-, of Schroeppel, in the county of Oswego, to purchase a farm, iind to erect thereon a town ppor-honse," passed April eighteenth, eighteen hundred and fifty-nine. Said farm to be sold at public, or iprivate,§ale by said, commis- sioners, as to them may be deemed for the best interests of said town, and during the year eighteen hundred and sixty-three. § 1, ch. 282, 1863. § 1062. Said commissioners may, if in their judgment ''^J^" ™ the interests of said town will be promoted thereby, sell said farm on a credit of a term of years, taking good and sufficient security for the payments thereon. § 2, same ch. § 1063. The commissioners afore8a,id shall faithfully ^J'p^'^'^J" apply the proceeds of said sale, as soon as the same shall ° ^^ come into their possession, to the payment of such debts as may be audited against said town, uilder and by virtue ' of an act entitled; "An act to authorize , the; levying of a tax upon the taxable property of the ; different counties and towns in this state to repay the moneys borrowed for or expended in the payment of bounties'to volunteei's, or for the expenses of their enlistment, or for aid to their families," passed February eighteen, eighteen hundred and sixty-three. Said commissioners shall use said money as fast as the 8am,e shall come into their possession, in paying said debts, after the same shall have been duly audited by the town board of the town of ^ Sehroeppel, under and by virtue pf said act, and upon the order 332 RELIES" 0^ THE POOR. of the Bupervisor and town clerk of said town. §3, ch. 282, 1863. commisi § 1064. Said commissioners, before entering 'nipon the' Sto boni discharge of their duties, shall execute a bond' in the sum of five thousand dollars to the supervisor of the tovp'n of Schroeppel, with two or more sufficient sureties, for the faithful performance of the trust hereby created, and report their proceedings, under this act, to the auditing board of said town at its annual meeting in each year, until the full and complete diBchargel of said' trust by them. § i, same ch. Repeal of § 1065. The act [ch. 217, 1860] entitled "An act to relative taP" authorize the town 6f Hanilibial, in the county of Oswego, Hannibal, jq purchase a farlh and erect thereon a town poor-house," passed April tenth, eighteen hiindred and sixtv, is hereby repealed. § 1, ch. 51, 1862. Certain s 1066. All mouevs heretofbrfe collected under and by Hannibal, virtuc of said chapter two hundred and seventeen of the howappifed jg^^g Qf eighteen hundred and sixty shall be applicable to the payment of any town expenses, updn a vote of the electors of the town, at ainy regular tdWti meetings and in the ab&ence of dny vote of the electors cff the town in reference to the disposition of the funds So collected, they shall be applicable tc( the support of the paupers charge- able to said town, and shall be held and disbursed in the same manner as other funds raised for the dd or support of the pcior of said town. § 2, same ch. CHAP. XXXVI. OTSEGO COUNTY. Sbctios 1067. Superintendent of the poor of Otsego county, when and how to be authorized to pnrchas^, Sell Or lease certain lands ; certain pmVhases rtitified. 1068. Action 6fSilperViSors confirmed J superintendent of poor anthoriEed, and directed to receive conveyance of cer- tain land, and hold the same for poor-house, purposes. 1069. Orphan House and Industrial School of the Holy Saviour, at or near Cooperstown, organized ; its capability to take and hold property; &c 1070. Objtect off such house. ' ' 1071. Trustees, thfeir terms of oflSce,; cl4!s«iflcation and duties ; Tacanci>es in board, how filled. 1072. Supervisots of any county, or overseers of any town within the state, may contract T'ith ^uch institution fbr reception, care, &c., of certain destitute children. RELIEF r pF THE POpJ^. , 333 § lO^Y. iriie, superintendent of the poor of tIie,c,ounty otaego of Otsego, pinder thedireotion of t]ie,l?oard of supervisors, pStenS- is hereby authorized and empowered to purchase, take ized™' pnr- and hold such parcels or tracts of land, not exceeding two eiwaa. "e'l hundred acres, in addition to the lands now iheld and "ainSr' owned by him ■, as such superintendent, and to lease or mitte^^c.. sell and convey so much of the lands now held and JJ|j™p°"'" owned by him as such superintendent, as shall heretofore have b^en. or may hereafter, be permitted a,nd directed by the bqard of . supervisors oi said county, but not other- wise. And all purchases of land heretofore made by or under the direction of the board of supervisors of said county, are hereby ratified, confirmed and declared valid. § 1, ch. 167, 1867. § 1068. The board of supervisors of the county of Otse- Action ot go,iat,a meeting held on the twenty -second day oi -Pecem-.sooflTPied. ber, eighteen hundred and sixty-five, having in8truc|;ed (Jeorge "W, Ernst, William H,,Ely and L)avid Wilber,|a committee apppin^^d by said board, to purchase for i;he usei and benefit an^ i^ l-^P name oi said county, a wqod lot containing ,£kbout one hundred acres, and empowered said committee to contract, if possible, to pay for^^he same pn the .first day of February, eighteen hun^red^^^d sixty-seven ; or in case they should, fail to iii^afee such a contract, then authorizing the treasnrero^ saj.d county W borrow the full sum, or any part ^hereof, as iiiig]3,t| be re- quired in payment, ,pf said land, under said contractus made by the said committee, such contra9t to ,l?e signed also by the chairman of the said board of supervisors in , hispfficial capacity ; and , the said committee having pn the third day of January, eighteen hundred and sixty-six, : in pursuance of such instruction and,an);hority, coiicludipd an agreement with Daniel Barney, execuforj etc., of J^ ames Donnolly, deceased, for the purchase of ninety -five acres of,woo4land, for the sum of four thousand eight hundred , and fifty dollars, to be paid as therein spepified, fpi* t^e future, use of the said county for poor-house purposes, which said contract of purchase has since been duly ap- proved by the board of supervisors of said county, a^ a meeting held; on the seventeenth day of Ifpvember, eight- een hundred and sixty-six; the action of said board of ipapervisors is hereby declared valid, and the said contract I of purchase of said, land by ^aid committee is hereby con- firmed, and declared valid and binding upon all the par- ties. And the superintendent of the poor of said.cpunty of Otsego is hereby authorized and directed to receive, the conveyance of said Itind; and hold the saine for poor-house purposes. § 2, same ch.. 334 RELIEF OF THE POOR Orphan Houee and Indastrlal School of the Holy Saviour, at or near Coopers- town. Its objects. § 1069. David H. Buel, George "W. Ernst, G.Ponieroy Keese, David A. Avery and Susan Fenimote Cooper, of Cooperstown, and their associates and successors duly elected and appointed in the manner hereinafter provided, are hereby constituted a body corporate, by the name of " The trustees of the Orphan House and Industrial School of the Holy Saviour, at or near Cooperstown," and by that name shall have perpetual succession, and be capable of taking and holding, by purchase, gift, grant, devise or bequest Subject to all provisions of law relating to devises and bequests by. last will and testament) any and all such, estate, both real and personal, as may be necessary for the purposes and objects of such corporation, provided the yearly value or income of the same shall not exceed the sum of twenty thousand dollars. § 1,. ch. 105,' 1870. § 1070. The objects of the said corporation shall be charitable and religious, and the care, management and distnbution of the property and funds now provided, to- gether with suph property and funds as may be hereafter provided, contributed to, collected for, or acquired by. ITnndB to be Inrested. Trustees, their terms ofofflce.&c. lift. grant, devise or be- said corporation, by purchase, quest, and any accumulations thereof, in trust or other- ■wise, for the support and maintenance of the Orphan House and Industrial School of the Holy Saviour, at or near Cooperstown, a home for orphans, half orphans and destitilte children, and the inmates of the same ; and to take and receive orphans, half orphans and destitute cllildren generally under its charge, and to care for, aid, Maintain and educate the same according to such rules and regulations as the said trustees, with the approbation of the convehtion of the Protestant Episcopal cnurch, in the diocese of Albany, shall from time to time adopt. All property and funds not required for current use may be iii-vested and held in |,rust by said trustees. § 2,, same ch. § 1071. The said trustees shall consist of the bishop of the Protestant Episcopal church in the diocese of Albany, who shall be, ex officio, president of the same, and ten other persons, as follows, viz. : David H. Buel, George W. Ernst, G. Pomeroy Keese, David A. Avery and Susan Fenimore Cboper, of Cooperstown, J. H. Hobart Brown, of Cohoes, William Payne, of Schenectacfy, John Tweddle, of Albany, F. W. Farnham, of Troy, and "William J. Averell, of Ogdensburgh, who shall constitute the first board of trustees, and shall hold their offices for one year ind until others are elected to fill their places. The said trustees shall appoint a secretary and treasurer, and cause ■ An act to incorporate the trustees of the Orpban House and Industrial School of the Holy Saviour, near Cooperstown, New York. Passed Uarch 28, lOT). RELIEF OF THE POOR. 335 Bscnoir 1075. Rei^al of chapter 166 of 1858. 1076. Repeal of chapter 12 of 1865. 1077. Purchase of farm in town of Hempstead authorized to be made, , and title to same to be taken in name pf overseers of the poor of such town. 1078. Supervisor authorized to borrow the money required for such purchase ; the debt thus created, how to be liqui- dated, ' 1079. Such farm to be the property of such town, and to be under the direction of the overseers. 1080. Paupers upon such farm may be required to labor thereon. 1081. Products of such farm, how to be applied and acconnted for by the overseers. 1082. Repeal of section 8, chapter 80, of 1856. 1083. Three overseers for the town of Hempstead. 1084. Onb of such overseers to reside in thA village of Hemp- stead. ^ 1085. " Trustees of Jones' fund for the support of, the, poor ;" authority of town auditors of the, tpwns of Oyster .Bayandl^prth Hempstead in respect to the poor farm, the title of which is held by such trustees. 1086. Duty of such trustees. 1087. Beggars and vagrants in Long Island city, and the power of the common council in respect to them. 1088. Jamaica, village of, one overseer to be elected in. 10^9. Powers and duties of such overseer. 1090. Firemen's widows and orphan fund in the village of Jamaica. i •By chapter 484, 1870, the provieions of sections 114-130 of this Code, relating to the reports by superintendents of the poor to the secretary of statei etc., are ex- tended and made applicable to the keeper of the poor-boase of the county of Pnt- nam, and by section three of said chapter the said keeper is required to make his annual report on or before the 10th ^y of January io each year ^covering the year ending November thirtieth), upon the statistics of the poor required to be made by the aforesaid proTislons. Bee poet, ch. eo. i. i i *• For laws relating to the protection of the planting of oysters in the conn^ of Queens, see chapter 343, 1865, as amended by chapter 399, 1866, and chapter 93, 1870. RELEEF/OF THE POOR. 337 § 10Y5. Chapter onfe hundred and fiftyTsix of the laws Qnaan?, of eighteen hundred, aiid fifty-eight, entitled "An act re- pStend- lating to superintmldents, of the poor in Qiieens county," i^g'jgg^''- passed April twelfth, eighteen hitndred and fifty-eight, is repealed, hereby repealed. § 1, ch. 350, 1860. . : . § 3L076. The act entitled " An act [chap. 12] to fix the Kepeaiof compensation of certain town officers in the several towns " ' ^^' ^^*^' of Queens county," passed February second, .eighteen hundred and sixty-five, is hereby repealed: Oh. 42, 1866. .1 § 10Y7. The supervisor, town clerk and overseers of the ParciiaBe or Eoor of the to:wn of Hempstead, in Queens' county, are Hempstead, ereby authorized and empowered as commissioners to purchase a farm in said town, the title to which,, when purchased, shall be taken in the name of the overseers of the poor in said town, at an outlay not to exceed the sum outlay of eight thousand dollars ; which sum shall include the therefor, purchase price of said farm and such immediate alter- ations as may : be necessary in the buildings thereon. § 1, ch. 56Y, 1869. § 1078. 'The supervisor of said town is hereby author- superriaor ized to borrow at a lawful rate of interest the sum of Soney."'"' money required to purchase said farm, and make the necessary alterations and repairs upon the buildings thereon, if any ate required ; which sum shall not exceed the said sum of eight thousand dollars. And the indebt- Taxthere- edness thus created shall be liquidated by raising a tax ror. upon thei taxable inhabitants of said town in the next succeedihgiyear, and in the same manner as other taxes are now levied and collected, the said sum and the interr est that may be due thereon. § 2, same ch. § 1079. The said farm shall be the property of the said Farm to be town of Hempstead, and shall be under the charge and trofffiroroV control of the overseers of the poor of said town ; and ^"^^^ "^ they, are hereby authorized and directed to employ a suit- able pereon or persons at a reasonable; coinpiensation to take charge of i said fairmj and the paupers thereon, under the direction and control ofj said overseers. § 3, same ch. § 1080. The said overseers may cause such of the pan- Empioy- pers upon said farm, as are able, to be employed in such ^iapen reasonable service thereon as may be required, § 4, upon farm. same ch. ? § 1081. It shall be the' duty of said overseers to apply Prodacta o the products of said farm to the support of the poor ap™ied?^ thereon ; and the said overseers shall account annually ih respectvto said farm,, in, the same maijiner as thfey are Annual ac- now requjr^d! to report jand accounti by law.^^ § 5, °°°"'' same ch. , ,; 43 338 RELIEF OF THE POOR Hempitaad. OTereeen. Where to rcBide. Amonnt town au- ditore of Oyster Bay and North Hempstead may pay to trastees of Jones' flind, provided electors consent. Obrjecta of payment. TnteteeB to expend the money and keep ac- count in items and make report to aaditore. § 1082. Section third of an act [chap. 30, 1856] enti- tled " An act in relation to the village of Hempstead, in the county of Qneens," passed March third, ei^teen hun- dred and fifty- six, is herelr? repealed. § 1, ch. 114, 1861. § 1083. The town of Hempstead, in the county of Queens, shall be entitled to three overseers of the poor for said town. § 2, same ch. § 1084. One of the said overseers shall reside within the incorporated bounds oi^the village of Hempstead. § 3, same ch. § 1086. The boards of town auditors of the towns of Oyster Bay and North Hempstead, in the county of Queens, or a majority of each of said boards^ are hereby authorized to appropriate and pay over, from time to time, as may be necessary, from any bonds in the pos- session of the supervisor belonging to their respective towDs, to " The trustees of the Jones' fund for the sup- port of the poor," a sum not exceeding twelve thousand dollars, to be received, used and expended by the said " The trustees of the Jones' fund for the support of the poor," for the erection of buildings upon and the im- provement of the farm known as " the poor fann," situ- ated in the said town of Oyster Bay, the title of which is vested in said trustees, to be used for the support of the poor of the said two towns ; provided the electors at the next annual town meetings shall ratify and confirm the same, and also for the purpose of paying off all indebtedness upon or connected with said farm, and for incidental expenses for such repairing and building, and also allowing said trustees to purchase from four to six acres more of land to straighten the line of said farm. § 1, chap. 244,» 1866. § 1086. The said " The trustees of the Jones' fund for the support of the pOor," upon receiving said amount, in bonds or otherwise, from both of said boards of town auditors, are hereby authorized to proceed and expend the same, or sadi portion thereof as shall in their opinion be necessary for the purposes aJbove indicated, keeping a • " An act to authorize the boards of town auditors of the towns of Oyster Bay and North Hempstead, in Qneens count?, to appropmte bonds to erect Diildings, make impDOvements, and pay off tke dent upon the Ibno upon which the poor of the said towns are supported." Passed March SO, 1866 ; three-fifths being present. By chapter 109, of 1867, entitled " An act to authorize the board of town auditors of the tovniB of Qyster Bay and North Hempstead, in the conntr of Queens, to raise by tax npob the taxable property of each of said towns, the sum of two thousand Are kundred dollars," the said towns were authorized to submit to the electors thereo;^ at the town meeting held in said towns next after the passage of said act, for adoption or rejection, whether they Would raise upon the taxaUe ScopeiCr of each of the said towns the snm of twenty-five hundred dollars, to nish the poor-house then being buUt^nd to ftunish said building, and to erect outbuildings upon the Jones' tostituteFai] at snch meetings, then it was by said ch should be raised and disbursed, &c. , and In caw f aid monejB were TOt«d iter further provided bow inch suds RELIEF OP THE POOR 339 full and complete acooust by items of sueh eKpenditore, and withiiQ six months after the completion of such build' ings and repairs, and the payment of said indebtedness and incidental expenses as above authorized, the said " The trustees of the Jones' Fund for the support of the poor," shall prepare a full and complete report of all their proceedings and of their accounts by itpiins, which shall be made m duplicate, and shall be verified by the president or treasurer of said corporation ; and when so completed and verified, one copy thereof shall be deliv- ered to the board of town auditors of each of said towns, and should there remain amy balance unexpended, the Same shall be paid over in equal portions, on the delivery of said reports^ to the boards of town auditors of said towns. § 3, ch. 244, 1866. § 1087. The common council [of Ij0ng.,lsland City] Beggareana shall have the powers within said city to make, establish, Ipt^Ma^d publish and modify, amend and repeal rules and regula- ^'*y* tions and by-laws for the following purposes : To restrain and punish beggars, mendicants and common prostitutes. Sub. 9, § 8, title 3, ch. 719, 1870. § 1088. [TJiere shall be] one overseer of the poor of the overseers village of Jamaica, who shall be elected by ballot by the i" Jamaica electors of said village. Part of 1 1, title jp, ch. 264, 1855. " ''^*' [He shall hold his office tor the term of one year, and such term of ^^e shall commence immediately after his election and continue until the election and qualification of his successor. Part of § 2, same title.] § 1089. The overseer of the ppor shall possess and nispowe™ exercise within the village all the powers of overseers of a°*°°"«"- th« poor in the iseveral towns of tms state, and be subject to the like duties and responsibilities, and shall have ex- clusive power and authority, as such overseer of the poor within the village of Jamaica, subject to the superintend- ence and direction of the board of trustees; and he is hereby authorized and empowered to draw on the super- vieor of the town of Jamaica for such proportion of the moneys raised for the support of the poor in the town of SsLmmea,, as the 'board of trustees of the village, and the overseers of the poor, supervisor and town clerk of the town df Jattr^ica, shall diefta-mine to be a fair proportion . thereof for the support of the poor in said village. And it shall be the duty of said officerfe of the towli an'd village aforesaid, to meet in -said -Tillage and apportion j^he same, within one month after the annual election in said town in each year, and to make and file their certifica'te there- of with the clerk of said town, and also a duplicate there- of with the clerk of said village ; and the supervisor of said town k hereby authorized and required to pay to the 340 RELIEF OF THE P(i)OR. Firemen's widow and orphan ftandof Jamaica. oversebr of the pbor of said village,' tinder such regulationg as the said board of trustees shall prescribe, the amount of such apportionment' for the support of the poor of said village, out of any'inonfeys in nis hands or tmder his charge for the. support of the poor of said town. The time and place of such -meeting shall be appointed by the said board of trustees, and at least three days' Botice in writing thereof shall be served upon the daid officers per- ^6nally, or by leaving the same at their respective places of residence. § 8, title 3, ch. 264, 1855. § 1090. The objects of the "Bdkrd of trustees of the fire- men's widow and orphan fund of the village of Jamaica," are hereby declared to be, the providing, maintenance and control of a fund for the telief of indigent or disabled fire- men, and of the widows and orphans of deceased firemen. Part of § 1, ch. 382, 1866. CHAP. XXXIX. KENSSELAEE COUNTY. Section 1091. Three superintendents in Bensselaercounty, oneof whom to be elected annually, and to hold his ofSce for three years ; vacancies, how to be supplied. 1092. Auditing superintendents and acting superintendent, and how each to be elected. Acting superintendent to give bail; how bond to be approved, and amount to be determined. Duties of acting and auditing superintendents in respect to auditing accounts. Book to be kept by them and entries therein to be made. Such book to be open for examination of every tai payer. Fees of auditing superintendents, and how to be audited. Acting superintendent to make estimate and advertise for proposals for supplies ; adveitisjlng for proposals for supplies. Proposals to be accompanied by guarantee, and when to be opened, &c. 1100. Purchases in' open market ; when not prbhiMted. 1101. Keeper of House of Industry to be appointed, who shall be thanager of the county farmi; physician to be ap- pointed ; such keeper and physicnan to hold office during the pleasure of county tdard of superintend- ents' ; salaries of acting superintendent, physician and keeper to be iixed by boai^ of supeihrisors. 1093. 1094. 1095. 1096. 1097. 1098. 1099. REJilEF OF THE POOR.. 341 SBCsnoN ^1108' How iponey for articleB only to bp paid. 1103. Temporary relief of the poor, and duties of sttper;Lntend- ent in respect thereto. 1104. Superintendents not to be intvested in contracts ; mal- ' feasan'ce in office ; when superintendent deemed guilty of, and when he may be removed by the governor ; vacancy in office caused thereby, how to be, supplied. 1105. Drafts; when and under what circumstances only can county treasurer pay. ' ' 1106. Sales of produce of county farm only to be made by act- ing superintendent, and only for cash. 1107. Account of labor performed by each pauper to be entered in a book by keeper of House of Industry. 1108. Physician to House of Industry to keep book and make entries therein. 1109. Superintendents at commencement of each annual meet- ing of board of supervisors to report. 1110. Inconsistent laws repealed; 1111; Bensselaer County Lunatic Asylum ; who may be sent there. 1113. Superintendents authorized to remove indigent and in- sane persons from the Utiea asylum to the county asylum. 1113. Powers of superintendents and overseers to send insane paupers to county asylum. 1114. Payments to be made by county treasurer to governors ■ " '[''■'' of Marshal Infirmary, on account of expense of taain- '- t taining and clothing indigent insane and pauper lunatic patients ; duty of supervisors. 1115., rProvisions of Revised Statutes applicable to county luna- tic asylum. * 1116. Troy overseer of the city poor to be appointed ; duty of common council in respect to the poor department. 1117. Troy Orphan Asylum, trustees of ; how and under what circumstances may receive and Mnd out children. 1118. Superintendents of the poor of Rensselaer county, when autjiorized to contract with trustees of said asylum to support, maintain and educate indigent, children. 1119. Power of such asylum to take and hold property. * 1120. Repeal of § 7, ch. 61, 1835. ^ 1121. Church Home of the city of Troy ; its object. 1122. Day Home ; its object. § 1091. At the general election in November, one thou- 5*51*™^ Band eight hundred and forty-eight, there shall be elected ents in three superintendents of the poor of the coilnty of Kens- con'nty.**' selaer, in the same manner that other county ofl&cers are see post, ngw chosen ; one of said superintehdents so elected shall hold his oifice for one year, one for two years, and one for three years from the first day of January, one thousand annnaiiy'f ^ ^ight hundred and forty-nine, and annually thereafter feSe?' there shall be elected in the county of Eensselaer one BuperiE^.tefl,dent, of the poor, who phajl hold his office for Vacancies, three years. I'he board of supervisors miay fill vacanqies ^7d!°''* 842 RELIEF OF THE POOR. Anditing eoperln- tendents. Acting auperm- tendenta of poor. Sach saperin- tendents, how to oe elected. Acting Bnpenii' tendent of Soor to give ond. DntieB of acting and andltlng snperln- tendenta. which may occur in such offices. Part of § 2, ch. 5,» 1820, as amended by § 1, ch. 240, 1848. § 1092. From and after the passage of this act, the two superintendents of tlie poor having the shortest time to serve shall be designated auditing superintendents, and shall be competent to do no other acts officially, nor shall do any other .acts officially than those prescribed in this act. The third superintendent of the poor, being the one having the longest term to serve, shall be designated the acting superintendent of the poor ; shall discharge all the duties required by law from a county superintendent of the poor ; together with all other duties required by this act, from the acting superintendent of the poor. And hereafter there shall be elected at the genital elec- tion preceding the expiration of the term of offices of each of said two first named superintendents of the poor, one auditing superintendent of the poor, to fill that office for three years ; and at the general election preceding the expiration of the term of the third named superintendent of the poor, there shall be elected one acting superin- tendent of the poor, who shall fill that office for three years. § 1, ch. BU,^ 1860. § 1093. The acting superintendent of the poor so elected shall give bail in the amount required by the board of supervisbrs from a county superintendent of the poor, and his bonds shall be approved by said board as nowifequired by law in such case. § 2, same ch. § 1094. The (acting and) auditing superintendent" of the poor shall, on the first Wednesday of every month, meet at the houSe of industry, or the office of the acting ftuperintendent, at the court-house, in said county, and then and there audit, examine and allow, or disallow, every claim, account, bill or demand, presented by the acting superintendent, or any other person or persons, against the acting superintendent, or the board of super- intendents, for the Support of the county poor, or for any • An act relative to the poor. Passed March 3, 1830. By section one of said act It was made, among other thlnes, lawfhl for the snperviaors of BensB«l»er count; to purchase and bold to themselTes and their saccessora In office forever for tlie use ot the inhabitants of said connty, at each place in the tame county as they or a majority of them should deem proper, a tract of land not exceeding the (inantlty of two hundred acres, and thereon build and erect for the accommodation, empln' ment and use of the poor of said coonty, suitable building, to be denominated the " House of IndUBtn- of the connty of Benssolaer." Sections 8, 4 and 6 of taio act provided when and under wliat circumstances, and for hoir long a time, *<>d_^y whom, paupers, disorderly persons and beggars might be committed to " JTIu House or Industry of the conn^ of Rensselaer." Section six of said act made it lawful for the keeper of said house to reiinire and compel all persons committed to his care or custody in the same, by virtue of said act, to perform such wont labor and servicee toward defraying the expense of their maintenance and of tbut support, as they should severally be able to perform, and prescribed the punish- ment to be inflicted upon any inmate of such house who should retftaee to perform ?noh work, labor and services. ^ »An act relating to the support of the poor of Renssehier comity. PMM* April IS, 1860 ; three-flf ths beii^ present. ' So in originaL RELIEF OP THE POOR. 848 service, subsistence, suppliea or maintenance of the county poor of said county, or for the support o( any or all the inmates of the house of industry. § S, ch, 344, 1860. § 1095. They shall k«ep a book in the office of the act- Book of ing superintendent, of the poor, in the court-house, in S^mbs; Kensselaer county, in which shall be entered a full and lepl'"'" correct statement of all articles purchased for the care, support and maintenance of the inmates o^said house of industry; or for the management and cultivation of the farm, and for the keeping of the team or teams, cattle and stock upon the same, together with the name of the per- son or persons of whom the same was purchased, and the price thereof; another book in which all articles sold shall be entered, with the price, names of the purchasers, and date of said purchase ; and a third book in which shall be entered at length every contract, whether writtefti or verbal, and the names of the contracting parties ; and a fourth book, in which shall be entered the liame, age, sex, previous habits, nativity, last place of residence, and name of committing officer, of every pauper inmate, together with the name of the town or city to which they are severally chargeable. § 4, same ch. § 1096. The said boots shall be open for the examifla- Jo be open tion of every tax payer of said county, from ten o'clock in taJS'for the morning to twelve at noon, and from one till four ^Swi^" o'dook in the aUbernoon of every day except Sundays, ^^^^ legal holidixvs and election days. § 5, same ch, § 1097. The said auditing superintendents shaM. each Peea of receive four dollars per day for every monthly meeting tS^SS^ fer auditing said acccxunts, and twenty cents for every 'endaiiia. mile necesBsunly traveled to attend said meetings, reckon- ing only one way, which bills shall be audited and allowed by the board of supervisors^ as other accounts are allowed, and no more than eight doillars per month and said travel fees, for one joupney, shall be allowed. § 6, ch. 344, 1860, as amended by eh. 486, 1863. § 1098. The acting superintendent shall^ immediately f^*^^ upom thet passage of this act, make an estimate of thctendeotto beef^ flour, pork, fuel of alliiinds, riee, eoffee, tea, sugair, SJte^and' cloth, elothiing, boots, shoes, leather, fish, salt, candles, '07"^*^ iottp, lumber, gfafei, seeds, and evCTy other artiele of use aiaforanp- or subsistence, the annual eonsumptiom of which at the '' °°' bonse xrfindiastry exceeds twenty-five dollairs; and shall advertise under the notice of " proposals for supplies at the house of indnatry," fwr twenty days, in two daily and in two weekly newspapers, having the largest circulation, published is the country, for sealed proposals to furnish the kind, quality and quantity oi' the articles of subsist- ence, estimated to be needed liar the keeping of inmates 344 RELIEF OF TBDE POOR. Contracts, ■when opened, and to be awarded to lowest rceponBible bidder, Gaaiantee. May pnr- chaee neces- sary articles in certain Board of snperin- tendents to appoint beeper of honse of industry and a physician. Salaries. No money to be paid until delivery of articles. of the said house of industry for six months ; anjd at the end of every six months the said acting superintendent shall renew the said estimate and advertisements. N"o purchases except those provided for in this act shall be made by the said acting superintendent. § 7, ch. 344, 1860. § 1099. At the next monthly meeting of the said super- intendents, after the expiration of the said twenty days, the said sealed proposals shall be opened by the said acting superintendent in the presence of at least one of the auditing superintendents, and the contract or contracts Srhall be awarded to the lowest bidder or bidders, who shall furnish ample security for the performance of the said contract or contracts. A guarantee shall accompany each proposal, signed by the bidder and one other responsible party, that m case said proposal is accepted, said bidder will enter into contract as required, and in case said con- tractor shall fail to perform his contract, it, shall, be the duty of the acting superintendent forthwith to re-adver- tise for the supplies called for by the contract, in the manner prescribed in section seven [sec. 1098] of this act. § 8, same ch. § 1100. Nothing contained in this act shall be construed as forhidding said superintendent from purchasing in open market such articles as may be necessary in the event of the neglect of a contractor or contractors to comply with their contracts, nor from purchasing articles not required to be pufchased by contract. § 9, same ch. § 1101. The board of superintendents of the said county shall appoint the keeper of the house of industry, who shall be the manager of the county farm, subject to the eenei^kl directions of the acting superintendent,! which directions the acting superintendent shall communicate in writing whenever requested so to do by the said keeper, and said 'board shall also appoint a physician of the sai'd house of industry, and said keeper and physidian respect- ively shall hold their offices during the pleasure of the said board. The annual salaries of the said areting super- intendent, keeper and physician shall be fixed by the board of supervisors, and shall be neither increased nor diminished during their term of office. § 10, ok 344^ 1860, as amended by oh, 216, 1862. § 1102. No money shalljDe paid nor draft delivered to any contractor or to any other person for articles fur- iiished imder the contract before mentioned, or for any other property furnished by any person, until the said articles shall have been actually delivered at the house of industry, and the same shall have been examined, their weight or measure ascertained by the keeper; which de- RELIEF I OF THE POOE. 945 lijery,, weight and measure i shall be verified by the' affida- vit of the keeper, which shall state that at data thereof he has personally received, inspected and weighed or ip^pured such articles, and that the quantity andiquality is, correct as charged. § 11, ch. 344, 1860, as amended. , § 1103. It shall be the duty of the said acting superin- Keiatingto tendent to grant the necessary temporarv relief to poor rlSTS persons residing in the city of Troy, whose relief would t^^^! be by law a county expense, in the same manner as town tendent. overseers of the poor are now required to grant relief tp poor persons residing in their respective towns, and under ^the same restriptions of law, so faras thie same shall be applicable, as said, town overseers now are, excepting the compensation for such services, which shall be fixed by i the board of supervisors of the county : and also except- , , ing that said acting superintendent, shall not be required ' to apply to any officer for authority,. The expenses inclji- ^"chreuef red .for temporary relief under this section shall, in no book to be' case, exceed the cost of maintaining the person relieved ^^' at tl^e house of industry, for the same length of i time as that for which relief is granted, except when the /re- moval of suchi person tQ I isaid- house of industry shall be .„ clearly impracticable ; and the said acting, superintendent ' shall keep a book of record in his office, in which shall ,be eptpred in full the name and residence of each person receiving any.reliesf pr assistance, together with the date jand ampunt of the same, and also the manner, or mean^ by which such; relief or assistance has been .rendered;; ,8iich hook tp be free .and open for theanspection of any sneiibodt tax payer of the county, from nine jo'clock in the forenoon f^„^^' unt^;^welye o'clock at noon, and from two o'clock T^ntil tion, etc. fiour q'clock in, the, afternoon of each and 0veryday in;the - yearj, Sundays . ^nd legal holidays excepted. § ,3,; ch. 216, 1862. ■ . ■'_ . , ; ,, , ,; ..,„„:..„. .|ji;§1104. Any superintendent whoi shall be interested in how. any wayj, directly or indirectly, in any contract fpri sup- tenlent plie© of SiUbsistence or other articles, except as herein pro- ™o^Jd "" vided, or shall make any false op fraudulent entry in any gj^«i°e ,pf;th? books, bpfore mentioned,, or neglect or disregard estldin ftijy of the :du,ties herein .-Bresijribed, shall be deemed Jo?eup^ •guilty iOf msilfeasance,;Of .efgeial duty; .apd'it ; shall t)e ^Mes-, the duty of i the governor,. upon ieufficieRt. proof of the '•>; fact, to remove him fron; .cj|5ce. Any vacancy go occur- Vacancy, ring §hall bfi ^Updiin the imannpr now provided by Jw- §,12,ph.:?ii4j.l860., ; ' ,,, :,.,,; ,/ ..' , -''v §, llQS.jiThe (county; ti^^asurer shall pay no draft fpr mA Drafts to be in behalf, of the support of th^ popr, of the county .qf Sawn La Rensselaer, unless the same shall nave been drawn by the ^^^ acti^g'superintendfent of.the said county; and the same 44 346 RELIEF OP THE POOR. Prodnce of connty farm. Accoant of labor of ganpera to e kept in book. Doty of phfsiciui. Tomsk« ansiul re- port. Lunatic or insane per- son may be sent to Beneselae r Insane aeylom. shall have been countersigned by at least one of the audit- ing superintendents : nor shall he pay any draft of said superintendents, except to discharge a liability incurred pursuant to the provisions of this act. § 13, ch. 844, 1860. § 1106. No produce of the county farm or garden, nor any of the stock kept thereon, nor any other property of whatever name or nature, upon or pertaining to the same, shall be sold by any other person than the acting superin- tendent aforesaid, and such sales shall be only for cash paid upon the delivery of the said property by the pur- chaser ; nor shall any or either of said superintendents be interested, directly or indirectly, as a purchaser in any such purchases or bargains. § 14, same ch. § 1107. The keeper of the said house of industry shall keep a book in which the labor of any and every pauper in said house of industry shall be daily noted when sndi labor is performed, provided it exceeds one hour in dura- tion, together with the kind of labor, whether it be on the farm, or in the domestic labor of the kitchen or other- wise: unless otherwise ordered by the board of super- visors. § 15, same ch. § 1108. The physician to the said house of industry shall be required to keep a book in which shall be entered the name, age, sex, nativity, name of disease, date of commencement, date of discnarge and termination of the disease of every pauper inmate requiring medical attend- ance, which book shall be subject to the control and inspection of the board of superintendents. § J 6, same ch. § 1109. At the commencement of every annual meet- ing of tlie board of supervisors, the said superintendents shall report, in the manner now required by law, their doings as such officers, and shall lay upon the table of the clerk of said board all their books, vouchers, memo- randums, and all other papers relating to the administra- tions of the affairs of said house of industry, together with any suggestions they may see fit to make for its improvement, or the condition of the pauper inmates of the same. § 17, same ch, § 1110. All laws and parts of laws inconsistent with the provisions of this act are hereby repealed. § 18, same ch. § 1111. Whenever a county judge in the county erf Bensselaer shall find a person in indigent cirrcumstances, not a pauper, to be a lunatic or insane person, he shall hava the power to send such person to the Rensselaer County Lunatic Asylum in the city of Troy, in the same manner as he is now authorized to send such person to the lunatic asylum at Utica. § 1, ch. 191», 1860. ' An act lelatlnz to insane patient* in th« B«ns*el«ar Cosntf Imnatla AMyUm. Passed April 6, 1860 : three-fllths being present. RELIEF OF THE POOR. 847 § 1112. It shall be lawful for the superintendents of the indigent lu- poor in the county of Eensselaer, at any time, to remove SSSIS^ybe any indigent and insane person confined in the state J^^'^£, asylum at Utica, and who is a county charge, from said to Kens- asylum at TTtica, to the Rensselaer County Lunatic Asy- Asjium."' Inm, in the city of Troy, and to charge the expense of said removal to said county. § 2, ch. 191, 1860. § 1113. The superintendents of the poor in the county superfn- of Rensselaer, and the overseers of the poor in the city of Ind^ove?- Troyj and the several towns of said county, shall have seers of th« same power to send insane paupers to the Rensselaer Rensselaer County Asylum as is now given them by the Revised ''°"°'^- Statutes to send such insane paupers to the asyliim at Utica. § 3, same ch. § 1114. The treasurer of the county of Rensselaer is Treasurer hereby authorized and directed to pay quarterly to the seia™'* tresBurer of the governors of the Marshall Infirmary, such pa™*!-*" portion as may be demanded by him, in writing^ of the penseaor ^ jy • i • • ^ J 1 ^- !■.!_' -J- ■■• ■!• insane expense ot mamtaming and clothing the inaigent insane quarterly. and pauper lunatic patiemts who may hei?6after be oon- fioed in said Rensselaer County Lunatic Asylum ; such portion not to exceed the rate of three dollars a week for each patient so confined, and who is propra-ly chargeable to said county. And the supervisors of said c6unty are Dnty of hereby required and directed to raise aamuaJlyj in advance, "iP'«»'«or«. a sum supposed to be sufiicient to meet s^d payments. §,4, same ch. ' § 1115. All the provisions of the Revised Statutes, pairt coniist- one, ichapter twenty, title three, articles one and two, and *^»'Sf^" of laws since passed by the legislature, relating toilunatlcs, f^'^^^ and not inconsistent with this act, shall be applicable to applicable. tJhe Rensselaer County Lunatic Asylum, and to Indigent insane and pauper lunatics confined therein, in the same manner as said laws are now applicable to said asylum at Utica, and to persons confined therein-. § 5, same ch. § 1116. There shall be an overseer of the city poor of Troy oTer- the city of Troy, who shall be nominated by the mayor "^'poo^ of the city to, and be confirmed or appointed by the com- mon council. Part of §1, title 2, ch. 598, 1870. It shall be the duty of the common council to provide by ordiu- Datyof ance for the establishment and regulation of all the comlcuin departments as prescribed by this act, and other laws "0^/4*.'" in ibrce m said city under thJe proper heads, to wit:; for partment, law, finance, surveys, highways, streets, alleys and ave- nues, Qav%ation, health, water, gas, fire^ the podr, the city property, and the public gronndk^ and such otbeo's as may &om time to time be needed. And thto^gh the mayor and proper committees the said common council •hall maintain a supervision of each depiartmeat, whather 348 RELIEF OF THE POOR. Becelving, and bind- ' Ingont of children by trnstees of Troy Orpban Aeylwn. Snparin- tendents of the poor may con- tract witb snch tmot- oeB for the vnpport, Ac, of poor and indi- gent chil- dren. Troy Orphan A&yldin ; its power to take and hold prop- erty. Repeal of !7,ch. 61, corporate or otherwise, for the exposure and correctioD of all evils and abnsea, and for that purpose, may require the production of and inspect all books and papers, and com- pel the attendance of witnesses by subpoena, and examine them under oath or affirmation ; but no member or mem- bers of said common council, whether a committee or otherwise, shall make any disbursements of corporate moneys, nor audit the accounts thereof, nor perform any other executive duty whatever. Any bills passed upon or reported by any committee of said common council, or either of them, shall not be paid, unless ordered by said common council.: Part of § 3, title 3, ch. 598, 1870. § 1117. When a child shall be surrendered to the charge and custody of the trustees of the [Troy Orphan Asylum] by an instrument in writing signed by the parent or guard- ian of such child, or by the superintendents of the poor of the county of Kensselaer, the said trustees may, in their discretion, receive such child and bind out such child, being of the full age of eight years and not under, to some suitable employment, in me same manner as over- seers of the poor are by law authorfzed' to bind out poor and indigent children ; but proper provision shall in every case be made and inserted in the indentures by which such child shall be bound to service, for securing an edu- cation fitting and proper for the condition and circum- stances in life of such child. § 3, ch. 61, 1835. § 1118. It shall be lawful for the superintendents of tjie poor of the county of Eensselaer to contract with the trustees of the i said corporation for the maintenance, edu- cation and support within the place provided for the keeping of isaid children, of any poor or indigent child under meir care; and Such child, while under me charge and within the custody of the trnstees of the said corpo- ration, shall be subject to the same rules, regulations and government as if such child had been surrendered to the charge and custody of the trustees by the parent or guard- ian of such child in manner aforesaid. § 6j painech. r § 1119. Said corporation [the Troy orphan asylnta] may take, by gift, devise or bequest, real and personal estate, and hold the same for the benevolent purposes for which it was created, viz. : the relief, support and edu- cation of orphan and destitute children ; but the real estate which said corporation may county ; their number elasBification, where to reside, and hpw and when to be elected. 1125. OfBce of overseer abolished, and duties and liabilities of overseers in towns conferred u^ibn superinteiident ; suits, when to be brought in name of .Buperintendent. 1126. Temporary relief and; support of the poor in towns ; .powers and duties relating to, co^jferred upon super- intendent. 1129. Each superintendent to keep book relating to tempo; rary relief; what to be entered in such book, and td furnish board of supervisors at their annua! meeting with certified transcript of entries in such boo^ for the next preceding year, , , i 1128. Board of supervisors to annjjaHy publish a statement of all moneys raised during tte year for the snjyport of the said county, the amount el^ended in the towns, &c: 1129. Inconsistent laws repealed. 1130. Provisions of ch. 170, 1863, made applicable to Middle- ' town, Southfield and Castletpn, and to'the respective , ,! ,; , superintendents tber^in. 1131. Inconsistent acts repealed. 350 RELIEF OF THE POOR. SscnOH 1133. Edgewater, board of trastees of the village of, to appoint supeTiniendent of the poor for said village; BUtty, tetm of office and povrers tind duties of Such superlb- tendent ; cotinty poor-house keeper's duties in respect to paapeiB flent to poor-honse bj said superintendrait. 1183. New Brighton, board of trustees of village of, to appoint superintendent; salary, term of office, powers and' duties of such superintendent. 1 1123. Chapter nine Jmndred and fifty-two of the; laws of one thousand eight hundred and sixty-seven, entitled "An act to provide for the mode and manner of electing town and other officers at the annual elections to be held in and for the several towns in the connty of Kichmond," shall be and the same is hereby repealed. Ch. 714, 1870, Number § 1124. There shall hereafter be five Superintendents Jafion™?^' of the poor in the county of Richmond, instead of the t^nlSJt'sof number now provided by law, one of whom shall reside Richmond jn each of the towns in said county. They shall be county. (jjyi^ed into five classes, of whom one shall hold his ofiice for one year, one for two, one for threOj one for four and one for five years, from the^first day Of January next ; Edward Reilly shall be the superintendent of the first class, and hold his office for one year ftom the first day of January next, and Edward P. Barton shall be the superintendent of the second class, and hold his office for two years from the first day of January next, and the said Edward Reilly shall, for the purposes 6f this act, be deemed a resident of the town of Castleton, and the said Edward P. Barton, of the town of Southfield, until the expiration Tiieireiee- of their terms of office. There shall be elected at the tems of next annual election in said county three superintendaDtt office. Qf i^g poor, one of whom shall reside in each of the other towns, and the clerk of said county shall, on the fifteenth day. of December next, determine by lot which of said three superintendents shall hold his office for three, which for four, and which for five years, and there shall annually thereafter be elected one person to fill the office of the superintendent whose term expires on the first of January next ensuing, and who shall reside in the same town. § 1, ch. 170* 1862. OTereeerof § 1125. The office of oversoor of the poor in said county fiSiedr'"''" is hereby aboEshed, and all of the powers, duties and liabilities which now are or hereafter may be conferred or imposed upon the overseers of the respective tciWns are hereby vested in and conferred upon the superintendents • An tct relmting to saperintendentB of the poor and temporary relief in Bicb- mend county. Passed April 10, 1863 ; tbree-fiftha being present. By ch. 830, 1810 (see post, i 1130), all the prnTisions of said ch. 170, 186%, are made applicable to the towns of Middletown, Southfleld and Csitleton, In said county, and to the respect. ive superintendents of the poor therein. RELIEF OF THE POOR. 851 of the poor residing in said town, and all suits and pro- ceedings antborized to be instituted or ptrosecoted by such overseers shall be instituted or prosecuted by such super- intendent in his name of office. § 2, ch. 170,' 1862. . § 1126. The powers and duties of the overseers and of Duties of justices of the peace of the several towns in said county, anlTusHces in relation to temporary relief and the support, of the SrSplrin- poor, are hereby conferred upon the superintendent, of the tendents. poor residing in such town, and the powers of justices of the peace to act in such cases are hereby abolished. § 3, same ch. § 1127. Each of the said superintendents of the poor snperfn- diall keep a book in which he shall enter the name, age, ke°p^m'°n- sex and native country of every person to whom tempo- iefief *" rary relief shall be granted by him, and the date thereof, grantoa. and the amount expended for each and every such person, and stating the causes, direct or indirect, which shall have operated to render such person a pauper. Each of the superm- said superintendents shall furnish the board of supervi- repor?to*° Bors, at their annual meeting, with a certified transcript I^p*"^'' of the entries in such book lor the next preceding year. § 4, same ch. § 1128. The board of sapecvisOra of said county shall, snpe^sors in addition to the statements now required from them by statement. law, annually publish a statement of all moneys raised during the year for the support of the poor of said cotmty, the amount expended in the several towns for temporary relief, and the amount allowed each superintendent for fees and services, and for this purpose the board of super- snperin- intendents of the poor shall turnish the supervisprs, at Jj°^?°''*° their annual meeting, with a true statement of all moneys statemento J 1 , .1 '^ o »^ T_ of amounts - expended by them. .§ 5, same en. expended §1129. All laws inconsistent with this act are hereby ^y*''™- repealed. § 6, same ch. § 1130. All the provisions of chapter one hundred and ^ye™appii- seventy of the laws of eighteen hundred and si^ty-two, ja.^'|j"» entitled " An act relating to superintendents of the poor town, Ac. and temporary relief in Richmond county," are hereby made applicable to the towns of Middletown, Southfield and Castleton, in said county, and to the respective super- intendents of the poor therein. § 1, ch. 330,* 1870. § 1131. All acts and parts of acts, in so far as they are inconsistent with the provisions of this act, are hereby repealed. J 2, same ch. § 1132. The board of trustees shall have power and Appoint- it shall be their duty to appoint one superintendent of ™*"' °' supenn- • An act in relation to the superintendents of the poor in the towns of Middle- town, Sonthfleld and Castleton, in Bichmond county, and their powers and duties. Fused April 21, 1870; three-fiths being present. 352 RELIEF OF THE POOR. tcndent of th© poor for Said village [of Edgewater], whose salary shall Ideewater be fixed by the boatrd, not exceeding five hundred doUam powfrVand P^'"' annum. Said superintendent shall hold office one dutieB. year, subject,' however, to removal at any time by the \ board of trustees. Such superintendent shall have the same powers as are now possessed by snperinteudents of the poor in the county of Richmond; and, in addition thereto, said superintendent shall render to the board of trustees; monthly, an account of all his acts as such super-; intendent, and ©f all moneys disbursed by him, and of allj relief orders given out during said month. No person,, after the passageof ihia act, shall have power to act in any manner as superintendent of the pooif within said villager except the superintendent to be appointed as Duty of aforesaid. The keeper of the county poor-house shall deeper""" ^'Gceive and support, at the expense of the county, all paupers sent by said superintendent of the village. § 18, title 2, ch. 214, 1866, as amended by § 12, ch. 517, 1867. felSof § ^^^^- '^^^ board of trustees [of the. village of New poor of vu- Brighton] shall have power and it shall be their duty to Bnghtonf' appoint One superintendent of the poor for said villagftj whose salary shall be fixed by the board, not exceeding one hundred abd fifty dollM-s per annum. Said superin- tendent shall hold office one year, subject, however, to removal at any time by the board of trustees. Such Powers and Superintendent shall have the same power and duties as duties of. g^j.g jjQ^ possessed by superintendents of the poor in the town of Castleton, and, in addition thereto, said superin- tendent shall render to the board of trustees, monthly, an account of all his acts as such superintendent, of all moneys disbursed by him, and of all relief orders given out during said month. No person, after the passage of this act, shall have power to act in any manner as super- intendent of the poor within said village, except the superintendent to be appointed as aforesaid. Sub. 18, § 1, title 3, ch. 819, 1866. RELIEF OF THE PbOR. 353 CHAP. XLI. KOOKLAISTD COUNTY/ Section 1134. Town excise commiBsioners to pay over penalties col- lected .by them to supervisor for support of the poor. 1135. Costs and expenses for prosecutions for penalties, how- chargeable. § 1134:. "Whenever the board 6f commissioners of ex- Town ex- cise [of, any of the towns]' of the county of Rockland Sissio^ra shall collect and receive any money fOr penalties incurred andreoeive under the provisions of the act entitled " An act to sup- ^^^ moneys press intemperance and to regulate the sale of intoxicat- tiea^a^V, ing liquors," passed April sixteenth, eighteen hundirfed and 5?e/to8u- fifty-seven, for violation thereof committed in the several lupp'frt of" towns of said county, they shall deduct all lawful expenses the poor, for collecting such penalties and pay over, on or before the first day of October in each year, the residue thereof to the supervisors of their respective towns, for the support of the poor in the town in which such penalty or penal- ties have been collected, paying the money collected in each town, to the supervisor of that town. § 2, ch. 436,° 1866, as modified by ch. 175, 1870. § 1135. The costs and expenses of prosecutions for vio- coate and lation of said act iil said county of Rockland, shall be torpnUcu.- chargeable upon the town in which such alleged violation """jjitj"' shall have taken place, such costs and expenses to be levied and collected as other town charges are levied and collected. § 3, same ch. (•) Chapter 34. of 1836, authorized the euperintendentB of the poor of Rockland county to raise money, by loan, to purchase a farm or tract of land and erect a poor-house thereon, and prescribed how the money should be raised for the pay- ment of the principal and interest on said loan. Chapter 331 of 1841 authorized the selling, by such superintendents, of not exceeding five acres of the Kockland poor-houae farm, and directed the proceeds of such sale to be applied to the pur- chase of other land, or to the extinguishment of the poor-house debt, as the supervisors should direct. (b) " [Of any of the towns] " inserted so as to make the section comply with the modification made thereof by ch. 175, 1870. ( = )An act to amend section five, chapter six hundred and twenty-eight of session laws, passed April sixteenth, eighteen hundred and flfty-aeven, to sup- ?ress intemperance and to regulate the sale of intoxicating liquors, passed April , 1866, three-fifths being present. Section 1 of said act has been greatly modified if not entirely enpersedfed by chapter 175 of 1870 (see post), and is as follows, viz. : S 1. The board of commissioners of excise in and for the county of Rockland, is hereby authorized to jSay the money received by them for licenses, over and above the amount required by law to be paid for the benefit of the Inebriate Aaylum at Eiughamton, on or before the first day of October in each year, to the aupervisors of the respective towns in which the person or persons reside, who have paid the same ; to be applied by said supervisor's for the support of the poor in said towns, paying the moneys received in each town, to the supervisor of that town. 45 ' 354 RELIEF OF THE POOR. CHAP. XLII. ST. LAWRJINCE COUNTY. SEcnoi7ll36. Supervisors autTiorized to change site of poor-honse; to sell poor-house farm, &c. 1137. New poor-house site, under what circumstances maj be leased by superintendent of the poor, and the rent resulting from such- lease to be paid into the county poor fund. 1138. Certain acts of supervisors and county treasurer legalized. 1139. Beggars and vagrants in Ogdensburgh ; powers of common council respecting. St. Law- rence coiioty eaperrisora authorized to chflnge f ite of poor- house. To sell preeent poor-hoQsa farm. To erect sew balld- 1d|i^, and lev; tax fbr pajme&t. In what case new eite to be leased. Certntn acts of snpervU- ore and Ireasnrer legalixed. § 1136. The board of supervisors of St. Lawrence couiity are hereby authorized at any meeting thereof duly convened : 1. To change the site of the poor-house of said county not exceeding four miles, from its present location. 2. To sell the present poor-house farm and its appur- tenances, and direct the mode of its conveyance, and to apply the proceeds of said sale towards the purchase of a new site for said poor-house, or the erection of buildings thereon for the use of the poor of said county. 3. Upon the lands so purchased to erect a building or buildings for the use of the poor of said county, at an expense not exceeding forty thousand dollars, and to pro- vide for the payment of the said sum by levying a tax upon the taxable property of said county, collecting the whole sum in one year, or in such installments as the said board shall deem most advantageous to the interest of the said county. § 1, ch. 23, 1866. § 1137. In case the said board of supervisors shall pur- chase a new site, and shall not immediately proceed to erect a new poor-house thereupon, the superintendent of the poor of said county, residing at Canton, is hereby authorized to let or lease the same from time to time dur- ing the period it shall not be occupied for poor-house pur- poses, and to pay the rents into the poor fund of said county. § 2, same ch. § 1138. The board of supervisors of said county, at a meeting held on the twenty-eighth day of December, eighteen hundred and sixty-five. Raving instructed Milton D. Packard, Julius M. Palmer and T. Streatfield Clark son, 2d, a committee appointed by said board, to purchase the farm of Joseph J. flarriman of Canton, in said county, RELIEF OF THE POOE. 855 cotinty, supposed to contain about three hundred and thirty acres, at fifty dollars per acre, for the future use of the said county for poor-house purposes, and directed ,, the treasurer of said county to pay for the same with the bonds of the State of New York owned by said county, or -yvith the proceeds of the sale of said bonds to a sufficient amount, the action of said board is hereby declared valid, and the purchase of said farm by said committee, under such ap- pointment and resolution, and the payment for the same by. the. county treasurer of said county at any time before the passage of this act, are hereby confirmed and declared to be legal and valid, and as binding upon thp parties to said contract of purchase, and the conveyance made or which shall be made in pursuance, thereof, as if the same were made after the passage of this act. § 3, eh. 23, 1866. § 1139. The common council of [The city of Ogdens- ^^^fS'S? burgh] sh^ll have power, in their discretion, to make ^^j^*^_°" such regulations as they may deem proper to prevent riots, disturbances and disorderly assemblages ; to restrain and punish vagrants, mendicants, common prostitutes, gamblers and disorderly persons, and for the protection of the public property and the regulation and protection of the streets and public highways in said city. Sub. 26, § 21, title i, ch. 335, 1868. CHAP. XLIII. SAEATOGA COUNTY.' Section 1140. One overseer in town of Saratoga Springs. 1141. His compensation. 1143. Ko justice of the peace in said town to be allowed any fees for granting temporary relief. 1143. Vagrants in Mechanicville. Section 1140. Hereafter there shall be chosen but one °°*^P overseer of the poor, at the annual town meeting, in the chosen in town of Saratoga Springs. § 1, ch. 53," 1865. l^^ § 1141. The said overseer of the poor shall receive for compensa- his services the sum of two hundred dollars per annum, ovOTeer. in lieu of the compensation now allowed by law, which • For chapter 808 of 1843, entitled " An act authorizing the board of snpervlBors of the coantles of Herkimer, Tioga and Saratoga to restore the distinction between county and town poor," passed April 18, 1843, see ante sections 233 and 234. ' An act In relation to the temporary relief of the poor In the town of Saratoga Springs, in the county of Saratoga, passed Feb. 27, 18%, three-fifths being present 856 RELIEF OF THE POOR. shall be levied, collected, and paid in the manner now provided by law in respect to other town accounts ; bu,t such overseer shall not b6 entitled to receive any such compensation until he shall have made a detailed report,, as required by law, of the moneys received and expended by him. § 2, ch. 53, 1865. n,. ^„ § 1142. Hereafter no allowance shall be made to any Temporary .",„, /**i n • ■» rcUef. justice 01 the peace of said town tor granting any order for the temporary relief of the poor of said town. § 3 same ch. vagnnte to § 1143. It shall be the duty of the trustees [of the vil- Jlg^*^"" lage of Mechanicville] and they shall have power and authority to apprehend and punish idlers, vagrants, and disorderly, boisterous, riotous or unruly persons unneces- sarily congregated upon the sidewalks and corners, or in any street or alley of said village, and persons disturbing any public assembly. Sub. 5, § 3, title 5, ch. 786, 1870. CHAP. XLIV. SCHENECTADY COUNTY.* Section 1144. No superintendent of the poor to be elected in Sch» nectady county until 1856. 1145. One superintendent to he elected in 1856, and every three years thereafter. 1146. His term of office, and powers and duties. 1147. Vacancy in office of superintendent, how supplied, and for how long time appointee to hold the office. • Section 4 of title 9, cliapter 386, 1862, whicli is as follows, tIz. : " Th^ money received by the excise commisBionerB of Schenectady county for licenses granted to persons resident In said city, shall he paid by said commissioners within ten daya after the receipt thereof by them, to the treasurer of the city of Schenectady, and Bha^ be applied by said city to the support of its poop, except one-tenth part thereof, which one-tenth shall be paid by said conunissionerB to the treasurer of the county of Schenectady, and the same shall by him be paid over to the treasurer of the New York State Inebriate Asylum," was modified by section 1, ch. 808 of 1868, entitled *'AnAct to apply the excise moneys collected In the county of Schenec- tady, to the support of the poor of the city or town in said county from which the game shall be collected," passed April 29, 1863; three-fifths being present; which said last mentioned section is as follows, viz. : **The board of commissioners of excise of the county of Schenectady Bhall, after deducting for the New York State Inebriate Asylum ten per cent qf the moneys collected by them for licensee granted Dy them according to the provisions of the act entitled 'An act to suppress Intan- perance and to regulate the sale of intoxicating liquors,' passed April sixteenth, eighteen hundred and fifty-seven, and within twenty days after the receipt of such moneys by them, pay to the treasurer of the city of Schenectady, for the support of the poor of said city, the amount of the said moneys received by the said board of commissioners of excise for licenses granted by them to persons doing buslneas in the city of Schenectady : and the said board sliall within the same time pay to tte overseers of the poor of each tovm In said county, for the support of the poor of said town, the moneys received by the said board for licenses from persons doing buBiness in the Bame town, any acts or parts of acts to the contrary notwithstand- ing," and both of said Bections are greatly modified or superseded by chap. 115 of 18TI1, entitled "An act regulating the sale of intoxicating lujuora." (See post.) RELIEF OF THE POOR; 357 Section 1148. Oaths, superintendent authorized to administer ; false swearing declared perjury. 1149. Poor-house keeper and physician to be appointed, and when such appointments to take effect. 1150. CJounty superintendent not to he interested in contracts. 1151. One overseer of the poor in Schenectady to be ap- pointed. 1153. His term of oflBce. 1153. Indigent persons in Schenectady, how to be relieved and supported. 1154. Powers and duties of Schenectady overseer. 1155. Schenectady city board of magistrates to have the powers and duties of overseers in towns, relative to the applications of poor persons for relief, and police justice to be chairman of such board, 1156. Certain fines to go to the support and maintenance of the poor of the city of Schenectady. Section 1144. No superintendent of the poor shall be Election of elected in the county of Schenectady until the general todyTomty election in the year one thousand eight hundred and S"^^' fifty-six ; nor shall any superintendent of the poor be pmled.'"'' appointed in said county to fill any vacancy prior to such election, so long as one of the present incumbents shall continue in office. § 1, ch. 257,* 1854. § 1145. After the year one thousand eight hiindred and one super- fifty-six there shall be but one superintendent of the iSf™unty. poor of the county of Schenectady, who shall be elected at the .general election in November of that year ; and thereafter, there shall be one superintendent of the pooi elected every three years in said county, except it shall be necessary to elect one sooner to fill a vacancy. § 2, same ch. § 1146. Every superintendent of the poor elected under Term of this act shall hold his office for three years, and shall have °*"' all the powers and be subject to all the provisions of law then applicable to superintendents of the poor except as hereinafter provided. § 3, same ch. § 1147. In case a vacancy shall happen in the office of Vacancy, any superintendent elected under this act, the board of supervisors of the county of Schenectady shall appoint a person to fill such vacancy, who shall hold his office until the first day of January after his appointment, and until a successor shall be elected and duly qualified to serve. § 4, same ch. § 1148. Every superintendent of the poor of the county May admin, of Schenectady shall have power to administer oaths to ^*«'°»'^- any person applying for relief, as to all matters touching • An act relative to fUe support of- the poor in the county of Schenectady, passed April 15, 1854 ; three-flf ths being present. 358 RELIEF OF THE POOR. Keeper and physician of poor-house. Not to be Interested In contractt. Overseer in Schenec- tady. Term of office. Indigent persons in Schen- ectady. Over8eer*fl powers. Board of maeistratea and their duties. Bucli application, and willful false swearing under this sec- tion is hereby declared to be perjury. § 5, ch. 257, 1854. § 1149. Tiie keeper of the poor-house and the physician to the poor-house shall, after the passage of this act, be appointed by the board of supervisors of said county ; such appointments to take effect on the expiration of the term of office of the present incumbents respectively. § 6, same ch. § 1150. No superintendent of the poor of the county of Schenectady shall be directly or indirectly interested in any goods, wares or merchandise, provisions, clothing or any other article or thing whatever, furnished, ordered or contracted for by him or them for the use of the county poor-house or the poor therein, or the keeper thereof. § 7, same ch. ' § 1151. The common council of the city of Schenec- tady slmll appoint one overseer of the poor, which officer shall be appointed on the first Tuesday in May, unless the common council shall otherwise order. Part of § 1, title 2, ch. 385, 1863. § 1152. [The term of office of overseer of the poor shall be one year, and shall commence with the second Tuesday of May.] Part of § 2, same title. § 1153. Indigent persons and such others as shall be entitled to relief under the laws of this state, who are or shall become chargeable or likely to become chargeable to said city, being in said city, shall continue to be sup- ported and relieved in the same manner provided by law in respect to the county of Schenectady, except as herein otherwise provided. § 1, title 9, ch. 385, 1862. § 1154. The overseer of the poor to be appointed under this act, shall possess all the powers and perform all the duties, and be subject to all the provisions of law con- ferred or imposed upon or applicable to overseers of the poor in the several towns of this state, except in relation to applications for relief by or the granting relief and support, whether permanent or temporary, to indigent persons, and except as may be otherwise inconsistent with the provisions of this act. § 2, same title. § 1155. The board of magistrates shall have and exer- cise all the powers and discharge all the duties of over seers of the poor of the several towns of this state in relation to all applications of poor persons for relief or support, and as to granting or withholding the same, sub- ject to the direction and control of the common council. The police justice shall be chairman of the board of magistrates, and as such it shall be his duty to take the examination of all persons applying for relief, and shall carry out the decision of the board of magistrates there- RELIEF OF THE POOR. 859 on. In the absence of the other members of the board, he shall have power to decide upon such applications, make such order, and grant such relief, as the circum- stances of each ease warrant and require. And the com- mon council may, by resolution or ordinance, impose other duties upon said board of magistrates and police justice relative to the poor of said city and the mode and extent of granting relief, and the terms and conditions thereof, as to said common council shall seem proper, with such • penalties as shall be consistent with this act ; and may declare any order issued for the relief of any poor person, void and uncollectible, if any part of it shall be paid, directly or indirectly, in spirituous or fermented liquor. § 3, title 9, ch, 385, 1862." § 1156. All fines imposed under [sections 5, 6, 7, 8 and certain 9 of title 10 (entitled Public Health),of chapter 385 of to go for 1862], shall belong to the city, and when collected shall ^epoo? be paid into the city treasury, and be devoted to the main- tenance and support of the poor of said city. § 10, title 10, ch. 386, 1862. CHAP. XLV. SCHOHARIE COUNTY."' CHAP. XLVl. SCHUYLER COUNTY. Section 1157. Poll tax levied upon indipfent person, when ma^ be remitted loy trustees of village of Watkins. § 1157. The trustees of the village of Watkins shall BemiMion have power to remit any poll tax levied upon any indigent taxes in person who is sick, lame or infirm, and to discharge liim ^•"'in»- • Section 4 prescribing how certain excise moneys In the hands of the Schen- ' cctady county excise commissioners shonld be disposed of, etc., of title 9 of ch. 385, 1863, was modified by section 1 of ch. 808, 1863, and again modified or superseded by ch. 175 of 1870, entitled "An act resrulatlng the sale of intoxicating liquors," and is therefore omitted. See post, §§ 1558-1564. b By chapter 189 of 1843 the superintendents of the poor of Schoharie county were authorized to sell a part of the poor-house farm of said county and to ap propriate the proceeds of sncb sale for the purchase of a wood lot for the benefit of tlie residne of said farm. 360 RELIEF OP THE POOR. from the payment thereof; and also to discharge any jndg^ ment which may have been recovered against such in(u- gent person, who is sick, lame, or infirm, without pay- ment thereof. § 4, title 8, ch._ 125, 1861. CHAP. XLVII. SENECA COUNTY" Sbction 1158. One overseer to be elected in each of the towns of Sen- eca county, and to hold his office for two years. 1159. His term of office, when to commence. 1160. Accounts of superintendent, oversoers, &o., to be audited by board of supervisors. 1161. Contracts for supplies for the poor ; powers of supervi- sors respecting. 1163. Superintendents constituted a subordinate board of audit, and to be under control of board of supervisors. 1163. Such superintendents not to be interested in contracts, &c. ; accounts to be made t)ut in items. 1164. Such superintendents to account under oath annually to board of supervisors. 1165. Each overseer to teep book of receipts, disbursements, &c., and to furnish supervisor of the town with tran- script of entries in such book. 1166. Supplies for the county poor-house and" temporary relief; powers of board of supervisors and duties of superintendents and overseers respecting. 1167. Meeting at county poor-house of the comniittee of the board of supervisors on accounts of superintendents and overseers of, when to be held ; chairman of such committee, and phecks upon county treasurer for bills audited. 1168. InQonsistent acts repealed. 1169. Chapter l45, laws of 1868, when to take effect. Srien"" § 1158. There shall be hereafter elected in the several- county, towns of the county of Seneca, only one overseer of the poor of said towns respectively, and that such overseer so hereafter elected, shall hold their said ofiice for the term of two years. § 1, ch. 96, 1858. § 1159. The term of office of all overseers of the poor elected under this act, shall commence on the first day of December next after their election. § 2, same ch. • For chapter 176 of laws of 1848, entitled "An act to authorize the BuperrlBors in any of the several couDties therein named to restore the distinction betweea town and county poor," passed April 4, 1848, see § 829, ante. In said chapter Seneca county is one of the counties named. RELIEF OF THE POOR. 361 § 1160. The, board of supervisors of the county of Bntyor Seneca shall hereafter, at their annual meeting, audit superrls- and settle all accounts of the superintendents of the ?elp?ctto county poor-house of said county, the accounts of the 0^°°'^°','^°' overseers of the poor of the several towns of said county, anlluper- for services and expenses incurred by them for the tem- •"'s"*™"- porary relief of the county poor of said county, and the accounts of all other persons for like services rendered, or for supplies furnished, and for medical attendance by physicians for the poor, chargeable to said county. § 1, ch.U5,«1868. § 1161. The board of. supervisors for said county sh'all contraotai have power to contract with any person or persons for Stle'for supplies to be furnished to the poor, chargeable to said BuppUes. county as county paupers of said county. § 2, same ch. § 1162; The superintendents of the poor of said connty Connty of Seneca are hereby constituted a subordinate board to tenlents to assist in auditing the poor expenses of said county, and Jj^te'boarci shall be under the direction and control of the board of of a"^'- supervisors of said county. § 3, same ch. § 1163. The superintendents of the poor of said county, poor offi- the keeper of the county poor-house, and the overseers of SeinSsrest the poor of the towns in said countyj shall not, nflr shall pfjegftS?' either of them, be directly nor indirectly interested in nisued, '&c any supplies furnished or ordered by them, or either of them, and no accounts shall be audited by said board of supervisors for services rendered or supplies furnished for ^''""Pi^v the poor o^ said county, unless the same shall be made made out out in items, with dates, stating the time and nature of Sed/*''' the seiVices rendered, the quantity and quality of the articles furnished, and the time when the same were de- livered, duly verified according to the form prescribed by law, applicable to accounts audited by boards of super- visors. § 4, same ch. § 1164. The superintendents of the county poor of said •^°P^^^- county shall, in each year, render under oath to the ofmoneya board of supervisors of said county, at its annual meet- be'^SIdeby ing, a true and faithful statement of all moneys receiyed teJIg'^j ^j by them from said county, and from the commissioners the poor, of emigration for the support of county paupers, of all the products raised on the coSnty farm belonging to the said county poor-house, and of the disposition which has been made of the same, and of all labor which has been performed by the county paupers, or of any prop- erty belonging to the county, with the manner in which, and the persons for whose benefit, the same has been per- formed. § 5, same ch. • "An act to regulate the expenditures for poor purposes in Seneca county." Passed April 4, IStiti. 46 862 RELIEF OF THE POOR. Dnties of overseers or the poor in keeping record b6ak. Annual statement to be made to super- visor. Superrlsor to deliver statement to clerk of board of supervis- ors. Board of supervisors may direct manner in whicli sup- glles stiall e pur- chased. Temporary relief. Joint board to audit ac- eonnts for temporary reUet Officers of anditluK board. Poor checks : how to be drawn and paid. § 1165. It shall be the duty of each overseer of the-poor in said county of Seneca to enter in a book, to be by him kept for that purpose, a full and accurate statement of all sums of money by him received or expended as such overseer of the poor, with the date of the receipt and disbursement thereof, the name, age and sex of each poor or indigent person relieved by him, and the cause of pauperism or indigence in each case, so far as the same can be ascertained, and the items of expenditure in the relief of each such poor or indigent person. It shall be the duty of each of said overseers of the poor to make and furnish the supervisor of his town, within one week preceding the annual meeting of the board of supervisors, a just and accurate transcript of all the statements and entries so required to be made by him, for the year ending on the last day in October in each year ; and it shall be the duty of such supervisor to whom such statement shall be furnished, to deliver the same to the clerk of the board of supervisors of said county, on or before the first day of the meeting of said board in each year. § 6, ch. 145, 1868. § 1166. The board of supervisora of said county shall have power to direct, by resolution, to be entered on its minutes, in relation to and the manner in which the supplies for the county poor-house, or any portion thereof, shall be purchased, obtained or contracted for, and also as to the amount and manner of affording tem- porary relief by the overseers of the poor of the several towns in said county, and when any such direction shall be given by said board of supervisors, the same shall be observed and carried out by the said superintendents and overseers of the poor. § 7, same ch, § 1167. The committee of the board of supervisors, ap- pointed at their annual session, on the accounts of super- intendents and overseers of the poor shall, on the first Wednesday in March in each and every year, meet at the county poor-house with the superintendents of the poor, and the superintendents and said committee of the supervisors shall jointly constitute an auditing board to audit and settle all accounts for temporary relief fur- nished to the poor outside of the poor-house, from the first day of November preceding the time of meeting of said auditing board. ' The said auditing board shall elect one of their number chairman, and also a clerk from their own number ; and the said clerk shall, under the direction of the board, dra%v checks upon the county treasurer for all bills audited, which shall be paid by the county treasurer, the same as checks drawn by order of the board of supervisors. § 8, same ch. RELIEF OF THE POOR 363 § 1168. All provisions of law, so far as they are in- Eepeaiing. ' consistent with the provisions of this act are hereby re- """'• pealed. § 9, ch. 145, 1868. § 1169. This act shall take effect on the first day of November, eighteen hundred and sixty-eight. § 10, same ch. CHAP. XLVIII. STEUBEIT COUNTY." SbctiON 1170. Superintendents of Steuben county authorized to puf chase certain lands and sell certain other lands, pro- vided supervisors authorize the same. 1171. Objects of the "Davenport Institution for Female Orphan Children." 1172. Who to be supported and educated at such institution ; ' • duty of superintendents of the poor in certain cases. 1173. Tru^ees of such institution limited in their poWer to contract debts and in their expenses ; property of insti- tution exempt from execution. 1174. Statement of such property to be made and.filed. 1175. Property exempt from taxation. 1176. Funds of such institution, when and under what cir- cumstances may be received on loan by Steuben county supervisors. 1177. Such board of supervisors may appoint two of the trustees of such institution ; duties in respect to such institution. 1178. Such institution authorized to take by gift, grant, bequest or devise 1179. Certain excise moneys to be paid to the treasurer of the Hornell Library Association of Hornellsville. 1180. Such treasurer, in December in each year, to make sworn report of all such moneys received by him, and file the same with Steuben county clerk. 1181. Such moneys to be paid out on order of managers of such association, and such order to specify the pur- pose thereof. 1182. Penalties for misapplication of such moneys. 1183. Treasurer of such association to execute bond with sureties ; form of such bond and how to be approved. 1184. When managers of such association authorized to prosecute for fines and penalties under the excise law. Section 1170. The superintendents of the poor of the bJbralit', county of Steuben are hereby authorized to purchase, ""^""^ '< • For chapter 163, of 1»M, entitled "An act anthorizing the Board of Snpervlsori of the connties of Jefferson, Chautanqaa, Cattaraagnp, Oteego and Stenben, to restore the distinction between connly and town poor," see ante, $$ aSS, 228. 364 RELIEF OF THE POOR. rectlonof Buperri- soreof Stenhen county. Davenport institution. Who to be supported at such institution. Duty of euperin- tendentB of the poor in certain Prohibition on trustees. Exemption of property from sale. Statement of exempt property. take and hold one or more tracts of land, not exceeding two hundred acres in addition to the lands now held by them, and to sell and convey so much of the lands now held by them in ttie town of Bath, in said county, as is known as the wood lot. But the said superintendents of the poor shall not make such purchase or sale unless the board of supervisors of said county shall, at some annual or special meeting, order and direct the said super- intendents of the poor to make the same. § 1, oh. 449,* 1864. § 1171. The objects and purposes of the " Davenport in- stitution for female orphan children" are hereby declared to be to feed, clothe and educate orphan female children. § 2, ch. 132, 1863. § 1172. Orphans to be supported and educated at such institution shall be preferred and selected in the follow- ing order, viz. : first, orphans who are inhabitants of the county of Steuben shall have a preference in their ap- plication for admission into such institution; second, orphans who are inhabitants of Allegany county in this State ; and third, orphans who are inhaibitants of any. other' county in this State ; but no child shall be received into such institution, unless the officers of said institution are satisfied, that she is of sound body and mind ; and if any child who has been received into such institution shall become incapacitated, in the judgment of its officers, for improvement, it shall be the duty of the superintend- ents of the poor of the county from whence the child was received into such institution, to receive and to take care of her as one of the poor of such county. § 4, same ch. § 1173. The trustees of said corporation shall not have power to contract any debt, or to expend in any year more than the income or yearly revenue from the corpo- rate funds of said institution, and the property, real and personal, of said corporation shall be forever exempt from sale upon any debts purporting to have been contracted by the trustees thereof, nor shall such property be used for other purposes than the education and support of female orphan children who may be received into said institution, nor shall it be incumbered by the trustees of said corporation by mortgage or otherwise. § 5, same ch. § 1174. It shall be the duty of the trustees of said cor- poration from time to time, and at least once in throe » An act to authorize the superintendentB of the poor of Steuben county to take and bold, and to sell and convey, certain real estate, passed April 30, 1884 ; three- fiftbs being present. By chapter 173 of 1841 the superintendents of Steuben county -were authorized to excuanee a part of the poor-bonee farm for other land. By chapter 330 of 1844 such snperintendonts were also authorized to sell certain lands and to buy other lands adjoining the county poor-house fitrm. RELIEF OF THE POOR. , 365 • years, to cause a statement to be made under the corporate seal, describing the property so exempted, and file and re- cord the same in the office of the clerk of the county of Steuben, in the book of miscellaneous records of said county. § 6, ch. 132, 1863. § 1175. The real and personal property of said corpo- Exemption ration, to the extent it ii authorized to hold the same, is Hon! *""' hereby exempted from taxation for State, county, town and village or municipal purposes, except for local im- provements. § 7, same ch. § 1176.- The board of supervisors of the county of Steu- snperriBors ben may, from time to time, by a vote of two-thirds of .SS^boM™ ■ the members thereof, receive from the trustees of the cor- |na°piy° poration hereby created a part or the whole of the funds interest belonging to said institution for any length of time, pro- vided said county shall pay to said trustees seven per cent per annum interest upon such loan which the said board of supervisors are hereby authorized to do, until the principal shall be paid, such interest to be a part of t^ie yearly revenue of said institution. § 8, same eh. § 1177. The board of supervisors of said county of Steu- superviBora ben may appoint two trustees for said institution to act ™(Snt*two with the other trustees of the same, and whose further *"»»*«". duty it shall be to examine into the affairs and progress of said institution, and to make an annual report as to its situation and progress for publication ; and no part of the funds of said corporation shall be used to pay its trustees, inspectors or officers, except when, by a vote of at least seven of its members, it shall decide such pay- ment to be necessary for the welfare of the institution. § 9, same ch. § 1178. The said Ira Davenport is hereby authorized ira Daven- and empowered to give, grant, devise and bequeath to Sevi^flc, the aforesaid corporation, by his last will and testament, ^^^i^^^^ or otherwise, any such portion of his estate as he may ration, choose so to give, grant, devise or bequeath, any existing act or statute to the contrary notwithstanding, and the said corporation may take, hold and manage any property 80 devised and bequeathed to it on such terms and con- ditions, not inconsistent with the laws of the State, as may have been prescribed by the donor. § 10, same ch. § 1179. The board of commissioners of excise of ^^Sl^o Steuben county shall, within ten days after the receipt pay certain thereof, pay, or cause to be paid, to the treasurer of the Se'j^meU Hornell Library Association of Horn ells ville, all moneys ab^oS- received by them, or either of them, for licenses granted ti"". by said board within the town of Hornellsville, under and by virtue of an act to suppress intemperance and regu- 866 RELIEF OP THE POOR. Annnal re- port of treasurer of fissocia- tion. How flled.; Money to be paid out on order of managers. For what purposes. Penalty for mtsappUca- tion of moneys. late the sale of intoxicating liqnors, passed April six- teenth, eighteen hundred and fifty-seven, instead of pay- ing the same to the county treasurer of Steuben county, as now provided by said act. And all moneys received by said board of commissioners of excise, or either of said commissioners, from penalties or fines for the vio- lation of said act to suppress intemperance and regulate the sale of intoxicating liquors, passed April sixteenth, eighteen hundred and fifty-seven, within the town of Hornellsville, shall also be paid by said board of com- missioners of excise, or either of said commissioners of excise, to the said treasurer of the Hornell Library Asso- ciation, within ten days after the receipt thereof by them, or either of them. And all moneys and fines received or paid to any officer of the county of Steuben for vio- lation of any of the provisions of chapter six hundred and twenty-eight of the laws of eighteen hundred and fifty-seven, shall be by such officer paid to the said treas- urer of the Hornell Library Association within ten days after the receipt thereof by such officer. § 1, ch. 549,' 1869. § 1180. The said treasurer of the Hornell Library Association shall, during the month of December of each year, make and file a report with the clerk of Steuben county, to be by him subscribed and sworn, showing the amount of moneys received under this act, and the per- sons from whom he received the same, and the amount so received from each person during the year ending with date of said report, and also the date, amount, nature of and to whom said moneys or any part thereof received by him under this act shall have been paid out, and by what authority said payments were made. § 2, same en, § 1181. Said moneys so received by the treasurer of the Hornell Library Association shall be paid out upon the order, of the managers of said Hornell Library Associa- tion, duly authorized by at least five of said managers at a legal meeting of said managers ; such order shall show for what purpose said moneys or any part thereof are drawn, to be stated therein at large, and! shall be signed by at least five of said managers present at the meeting thereof, and attested by the seal of said association ; such moneys shall only be used by said association for the pur- poses authorized by the act under which said association is incorporated. § 3, same ch. § 1182. Any manager of said' Hornell Library Asso- ciation who shall knowingly and willfully vote to apply, • An act for the relief of the Hornell Library Association, passed May 4, 1869 three-fifths beine present. This act has been modified by chapter 175, 1670, enti Ued "An act regulating the sale of intoxicating llqaors." See post. BELIEF OF THE POOR 867 or shall apply, or cause to be applied, any of the moneys received by virtue of this act in any other manner than authorized by law, or who shall know of such applica- tion, and shall not immediately disclose the same to the district attorney of Steuben county, shall be guilty of a misdemeanor, and shall be punished, by any court hav- inof jurisdiction, by imprisonment not exceeding one year, and a fine double in amount of the money so applied, or either or both such imprisonment and fine, in the discretion of said court; and such manager or managers shall also be liable in a penalty of three times the amount of money so applied, to be sued for and re- covered by the supervisor of the town of Hornellsville for the benefit of the poor of said town, and all fines imposed for the violation of this section shall be for the benefit of the poor of said town. § 4, ch. 549, 1869. § 1183. The ti'easurer of said Hornell Library Associa- tion shall, during the month of April in each year, and before any moneys shall be paid to him under and by virtue of the provisions of this act, execute a bond to the people of this State, with two sureties, in the sum of three thousand dollars, conditioned for the faithful discharge of his duties under this act. Said bond shall be duly acknowledged by said treasurer and sureties, and justified to by said sureties, and approved by the county judge of Steuben county as to manner and form of execu- tion and sufliciency of sureties thereto, and be filed with the clerk of Steuben county. § 5, same ch. § 1184. In case the said board of commissioners of ex- cise of Steuben county, or either of said commissioners, shall fail to prosecute for the penalties or fines incurred by any person or persons for a violation of any of the provisions of said chapter six hundred and twenty-eight of the laws of eighteen hundred and fifty-seven, Vithin the said town of Hornellsville, for ten days after notice thereof in writing has been given any member of the said board of excise,, it shall be lawful for the said mana- gers of the Hornell Library Association to prosecute, re- cover and collect such penalties or tines in the name of the Hornell Library Association, in the same manner and with like effect as if said penalties or fines had been prosecuted for by said board of commissioners of excise ; and the moneys received therefor shall, within tiiree days after the receipt of the same, be paid by said managers, or either of them having the custody thereof, to said treasurer of the Hornell Library Association ; and in case the said managers or either of them shall fail to pay said moneys to the said treasurer of the Hornell Library Association within the time last aforesaid, they shall be Fines for benefit of Hornells- ville town poor. Treasurer of nsBocla- tion to exe* cnte bonds. How ap- S roved and led. Penalties or fines, how proie- cnted. *^ 368 RELIEF OF THE POOR. guilty of a misdemeanor, and shall be pnnislied in the same manner and liable to the same pains, penalties and fines as prescribed in section four of this act ; and for all moneys received by said treasurer he shall give his receipt therefor to the person so paying it. § 6, eh. 549, 1869. CHAP. XLIX. SUFFOLK COUNTY. Section 1185. Accounts of overseers of the poor in Suffolk, Livingston and Yates counties, how to be audited, hj whom, and duties of auditors. 1186. Such accounts when audited to be entered in a book hj town clerk, and such entries read at the opening of the next annual town taeeting. 1187. Statement of accounts audited to be by town clerk deliv- ered to supervisor, and such supervisor to pay the same. 1188. Repeal of certain repugnant provisions of chapters 11 and 12, part 1, R. S. 1189, 1190. Dredging for oysters, clams, mussels or shells in South bay prohibited. 1191. Taking from beds regulated. 1192. Penalties for violations ; possession of drag or dredge to be evidence of intent to use., 1193. Not to take after the 15th June and before the 15th. September. 1194. Violations of act deemed misdemeanor, and persona guilty thereof how punished. 1195. Additional penalties. 1196. Offenders, how to be prosecuted ; part of certain penal- ties when collected go to, and to be paid over to, overseer of the poor for benefit of the poor. 1197. Inconsistent acts repealed. ove^eerlta § H^S. From and after the first day of May next the Suffolk, Tates and supervisor, town clerk and justices of the peace, or any Livingston two of Said justjccs of the peacc of the several towns in hoTto be the counties of Yates, Sufiolk and Livingston, shaU, at audited. their annual meeting for the purpose of auditing accounts aud'ir °' f ^^ ^^^ overseers of the poor for moneys received . or dia- enchac- bursed by them, examine and audit the accounts of .all see"a"ntt' charges and claims, payable by their respective towns, 5540,41. and shall state on each account the amount allowed thera. § 1, ch. 276,' 1831. • An act relative to the auditing of town tcconnte in the counties of Tatet, Suffolk and Livingston. Passed April 2S, 18S1. BELIEF f OF iqaE PjOOIl. §1186. ;phe town clerk shall ejit«r ,tJie accounts, ^o audited, in a jbpdkto be by jijm provided for.fjiat pur- pose at the expense of tjie^town, in which entiy he shall state :the n,aine of the person or personsin who^e ,jEay9r thp liccount is drawn, the nature of the djemand, ,and the amount of such accounts, and the said entry shall be read at the opening of the next annual to.wn uieeting there- after, by the presiding officer or clerk of snob meeting. § 2, ch. 276,. 1831. : '^ § 1187. Inamediately after thegaid accounts shall have been, so audited, ithe. town clerkrshall deliver to the super- visqr of the town a statepient of the same, with the amount allowed thereon; and the said supervisor sh^ll pay the said amount to the persons entitled thereto, out of any money which may be in his rhands for that pur- pose, as now provided by law. § 3, same ch. § 1188. So much of Chapters eleven and twelve of the first part of the Be-vised Statutes as may be repugnant to this a^t is .hereby repealecl. § 4, same ch. ,§ 1189. ISTo person shall catch or take any oysters, clams, mussels or shells in the waters of the South bay, in Suf- folk county, with a dredge or drag. § 1, ch. 234,* 1870. § 1190. 'So person shall have in his possession or use a dredge or drag in the waters of the South bay, for the purpose of catching or taking oysters, clams, mussels, shells, or any substance growing on the bottom. § 2, same ch. ' ''I # • i ^ § 1191. No person shall take^any oysters, clams, mus- sels or shel^, or "any. substance /groiwing on the bottom from any public or private bed, or in any of the waters of the said. South bay, except tbetw«en «unri^ aPdoRflspt on -any day. | 3, same ch. • , ; § 1192. Every person who shall use. any dredge, drag, rake or tongs in the waters of the South bay after sunset at evening, 'and before sunrise in the morning, shall be deemed guilty of a violation of the provisions of the last preceding section. "When any person or persons, shall be found on the waters of the South ."bay with a drag; or dredge in his or-their possession, such possession shall .he J >rima, facie evidence of an injtent t

f draff or dredge to bo evidence of intent to use. Time for taking oysters, spawn, eta... leg Penalties Jb'r viola- tions. • An Act for the preeervatJon ,«!• shell-flgli in the waters of .the South bay, in Suffolk county. Passed April 15, 18T0; three-fifths being present. ■ 47 370 Forfeitnre. Propeca- tiOB of offenders. PenalHof how ap- plied. BepeaL RELIEF OF THE POOR. meanor, and, on conviction, shall be punished by a fine not exceeding two hundred and fifty dollars, or by im- prisonment in the county jail not exceeding six months, or by both such fine and imprisonment. § 6, ch. 234, 1870. § 1195. Every person who shall violate any of the pro- visions of this act shall, in addition to the punishment prescribed by the last preceding section, forfeit the sum of two hundred dollars for each offense. § 7, same ch. § 1196. Any person may, in his own name, prosecute the offender before any justice of the peace of the county of Suffolk, for the penalty prescribed by the last preced- ing section, for the benefit of himself and the overseers of the poor of the town in which the offense shall be com- mitted, and on a recovery shall be entitled to retain one- half of said penalty, and the other half, alter deducting one-half of the expenses of the prosecution, shall be paid by the justice to the overseers ot the poor of said town for the support of the poor thereof. § 8, same ch.. § 1197. All acts and parts of acts inconsistent with the foregoing provisions are hereby repealed. § 9, same ch. CHAP. L. SULLIVAN COUNTY. Sbction 1198. Supervisors authorized to sell poor-house farm. 1199. Deed of such farm, how to be executed, and its effect; supervisors authorized For cb. 3D8 of IS43, entitled " An act anthorizlng the board of sup^rrlBon of the connties of Herkimer, TlogWand Saratoga, to restora the 'di8tinctUni'1)etii(eeB coitnty And;town poor," lee, mte. {{238, 384. , Qy ch. lit of 1839j thp aaperrilort at Tioga Connt^'were aath6H2ed to raise by ta^ moneys for the pnrpose of bttild- ing two poor-bonses iq said eoxoftr. BT ch..!l9tf of 1^, the comptroUetr'-^ali an- tborlzed to loan to tbo said vonnty, not exceeding $2,000, out of common scbool idnd, to bo tepeiraled In erecting' tmllalnes for i tbe i accommodBtlod of the- poot of said county, and the Superrlson irere directed to provide by tax for the payment of euch.loan and IntereBt, > ' ' ] , > 372 RELIEF OF THE POOR. CHAP. LIII. ULSTER COUNTY.' Section 1201. Ulster eoiinty treasurer authorized to. botrowmtfae^on bond or bonds. 1203. Such money to be paid over' to superintendents of the poor in installments for the purpose of erecting a county pooTrhouse. 1203. Superintendents authorized also to apply in the erection of such poor-house ' such sum as tiiay be due from Kingston Mxitual Insurance Company on such com- pany's. policy of insurance. 1204. The mte for such county poor-house-; how, by whom and where to be located. 1205. Duty of superintendents to make detailed statements pd report the same to supervisors. 1206. Duty of supervisors to le\iy And Bseess upon property such sum ias will be necessary to pay the xiond or bonds issued under ch. 842 of 1853. 1207. Only one overseer to be elected in towai bf'SougertleB; his salary. 1208. His election, when to take place; justice of the peace, when may act as such overseer. 1209. St. Peter's Kondout Qeniian Catholic Orphan Associa- tion. UlBter county treaeurer to borrow money. Money lobe paid to eu- perintend- ent to erect a poor- honee. § 1201. It shall be lawful for the treasurer of the county of Ulster to borro^,,.oa the o^-efdit of said county, such sura of money, not to exceed three thousand dollars, as may be deemed necessary, for th^ purpose hereinafter mentioned, for a term not exceeding three years, and at such rate of interest as may be agreed on, not to exceed seven per cent per annum, and to execute therefor, under his official signature, a bond or bonds, on which the prin- cipal and interest shall be made payable in such sum or sums, and at such tiines an^ii- j^ajaa m shall be agreed upon and expressed thereftt.' § 1, oh." S4M,^ 1853. § 1202. It shall be the dutyof tjie-sajd treasurer to pay the said moneys so borrowed dve'r td the superintendents of the poor of said county, in such installments as he shall think fit, to be used for the purpose of erecting a county poor-bouse in said county ; but no subsequent installment, after the first, shall be paid until the said superintendents shall have accounted for the moneys already drawn, and those referred to in the next section, to the satisfaction of said treasurer. § 2, fealne ch. • By ch. 176, 1848, entitled " An act to aathorize the fnpervlf ors In any of the several counties therein named, to restore the distinction between town ana county poor ;" the Ulster county board of supervisors was authorized to rectore such distinction. See ante, S229. Prior to ch. 175 of 1870, the county Judge ana Justices of sessions in and for the county of Ulster were (under ch. 246, 1864) authorized and empowered to remove any commissioner of excise in and for eftio county, for good and vofflcient cause. , I" An act to provide for the erection of a county poor-house In the county of Uli.e'. Passed June 8, 1863 ; three-flfths being present. RELIEF Of THE POOB.. S7$ §: il2Q3i The said siStpeBliittndent.'sJ^adl 'b«i authorized to ip^ ^^^^ apply such further isuni to the ereietioii of sajd poor-h5>Hisel<>°Mutnai a9:may bediieth'em from the Kingston Mutual Insurance company^ Company, on a policy of insurance on the comity build^ &.'°''* iijffS;.recenjbly consumed by fire. §. &, eh. 342, 1853i I 1204. On notice from the county treasmer- that, 'h.ei Location of has taken l^ie necessary, steps- to, iraise the said fiindgy the poor-honae. said' superintendents shaUr plroceed to lojeata the aiteifor. said (?ounty poor-house, , upon the county farm of &aid;i CQunty, and not &r distant from that occupied by the late poor-house, and toi eifect suitable buildingSi therein, for BuUdingsto the purposes of the county poor of said county ; and they. • """'^^^ • shall have full poiwer to enterinto contracts for the eon-, stmction of the same, or f the poor fund df said' county, as such board should direct, not ezcc^ing one-ha^f of such marble, mipcs or minerals. RELIEF OP THE PpiQR. 375 CHAP. LV. WASHIK&TOK C0T7NTY.' BbCTion 1210. Office of' the superintendent of' the poor salaried and salary fixed. 1211. Vagrants convicted may be sentenced to hard labor in ' county jail. 1213. Such vagrants, so sentenced, when may be removed to Albany penitentisry. " ■'■ ■.'. ..A ' § 1210. That the office of superintraident' of the poor supeHn- in and for the county of Washington, from and after theofflce"" passage of this act, shall be a salaried one. § 1, eh. 163,'' S^Sary 1865. The salary of each such superintendent shall be all he psHa to the trea^arer of the county for the use of the poo^ thereof." ' ' ' r An act for the more effectual prevention and punishment of ragriancy aqd crime in the county of Washington. Passed February 19, 1857 : three-fifths being pl-^ent, . Section three of said act relates to the sentencing of convicted felons woo a^e nnder sixteen years of age. 376 RlSiLCB;]!^ OF THE POOR. CHAP. liVI. WAYNE COUNTY.- Section 1313. Eepealiag ch. 315, 1845, relating to the support of the poor in Wayne county. Repeal of § 1213. The Special act (chapter 315) passed May four im^^' teenth, eighteen hundred and forty-five, entitled "An act in relation to the support of the poor in the county of Wayne," is hereby repealed. § 1, oh. 382, 1855. CHAP. LVII. WESTCHEStEE COUNTY. " Section 1214. County superintendeintB to keep accounts of expendi- tures, &c., at county poor-house, and' tepoirt annually to the superviiors. 1315. Moneys for supplies or services^ -when, only, to be drawn and paid. 1316. County judge authorized to visit poor-house, and to report thereon to board of supervisors ; duties of superintendents and keepers in furnishing such j^dge facts, &c. ; 'such judge to receive no compensation. 1317. Overseer of the poor of Morrisania, how appointed, and his powers and duties. -, 1218. Bond of such overseer, its form, &c. 1319. Term of office of overseers in office at time of enact- ment of ch. 977, 1864. 1320. Moneys for, the support of the poor in Morrisania, how to be raised. 1320J. Duty of supervisors and othera respecting volunteer fan4 tmdet ch. 38, 1862. • By ch. 28, 1841, tie board of enpervlsors were antborized to direct the \f»yne connty snperlntendenta of the poor to parchafe addltionsl land for the use of the conntt J)oor-hou9e, and by eh. 817, 1840, B^ch snperintendents were authorized to sell B& ranch of the poor-bonsc farm of Batd county as llesi north of the eontb bonnda of the Erie canal. b On the 19th of March, 18^, an act was passed authorizing the Westchester county board of supervisors to raise by tax an additional sum to build the poor- house in said conhty, and by ch. 14, 1828, it was made lawful for said board to raise by tax an additional sum to complete said poor-house. And chap. 15. 1830, again authorized said supervisors to raise by tax such an amount as tney might deem necessary for the completion of such poor-houee. Such supervisors were by ch. n, 1832, granted authority to raise a sum of money to purchase land and make necessary improvements for the use of the poor. Chapter 97, of 1829, authorized the supervisor and overseers of the poor or the town of Mount Pleasant, West- chester county, to sell the said town's poor-house and farm. REtlEP OF' THE POOR. 377 § 1214. The [superintendents of the county of West- saperin- Chester] shall be required to keep an accurate account qf westches"' all, money accounts, expenditures and receipts at the );^''*°^fp countj poor-house m said county ; and make annually to the supervisors, under oath, a full* and faithful statement of the expenses, condition and resources of the ihstitu- tion, for reqord in the books of the house and &i"puT)li- cation § 2, ch.- 126,« 1845. ' i § 1215. JTo moneys raised or appropriated for or appli- Moneys for cable to the support of the poor m said county, either for w&n'to'be the purchase of supplies or' for services rerfdered under P""*- direction or engagement of the said superintendents, shall be drawn from the treasury of the county or paid out until such supplies shallhave been actually received at the poor-house, or such services actually rendered and performed, and the same passed upon and authorized at a meeting of the superintendents, whose 'draft therefor, duly signed by them or their pi-esiding officer, shall there- upon be paid by the, county treasurer. §4 same ch. ' §1216. [Theeounty judge of the county'of Westchester Poor-honse is] hereby authorized to visit the poor-house in that county ^L^ef" whenever [he] shall see fit, and inquire into the manage- ^™°'''' ment therebl^ to examine the paupers, keepei-s and county judateaur superintendents, touching the same, and to report from tisu and *© time to time to the board of supervisors such facts' and boa?d'of suggestions as he [may] deem advisable, and the keepers ™p«."'- and superintendents are hereby required to aiford to the of keepers said [judge] all necessary facilities in making [his] in- iSlndents qniriae. § 1, ch. 316> 1 8il, as modified, by § 27, ^h. '4T0,<= 1847. No pecuniary compensation shall be allowed the Nocompen- said [judge] for any services [he] may render under this '*"°°- act. I 2, same ch., as raoditied. 1 1217. The board of trustees [of the town of Morris- overseer of am»]iihaJll appoint an averseeii of the poor for said^ town, Mor?!!)^^!. who shall perform all the duties, of overseers of the poor in towBsi, He shall reqeive such ■ compensation for his services as the board of trustees shall, by resolution pre- scribe, i Such oiTerseer of the poor shall render to the Swom board a ftworn statement of all moneys received and dis- *'**^'°«°*' bursed by him, whenever required by said board. All laws of this; state defining or regulating the powers a^d, duties of overseers of the poor in t©wna, so far as appli- cable and not inconsistent with l^is act, shall apply -to » Ttie first section of this chapter is snperseded by the provisions of ch. 498 of 1841?. The third section' is repealed-hy chapter 233 of l^«f i> An act authorizing the judges of the county of Westchester to visit the poor- house of said county. Passed Hay 26, 1841. » "An act to amend an act entitled 'An act in relation to the judiciary, passed May la, 1847.' " Passed December 14, 1847 ; three-fifths being present. 48 , 378 RELIEF OF THE POOR Moneys to the overseer of the poor to, be appointed under Jhe pro- b^ovew". visions of this act; but all moneys hereafter tpibe raised in said town for the support of the poor, shall be paid to the treasurer of said board of tnistees, and bg paid bj said treasurer to such overseer of the poor, in the same manner as other moneys are to be paid out by him. § 19, ch. 277, 1864. Bonds of § 1218. The clerk, overseer of the poor, and such other overseer, ogiggrg as may be required by the board of trustees so to do, shall severally, before they enter upon the duties of their respective offices, execute a bond to said board of trustees, in such sum and with such sureties as said board shall direct and approve, conditioned that they will faith- fully execute the duties of their respective offices, and account for and pay over all moneys received by them re- spectively, and ifile the said bond with the clerk pf said board, rart of § 21, same ch. Terms of § 1219. The tcrms of office of the overseers of Ijhe pooi efpl^e? in the said town of Morrisania shall cease on the election of the trustees fir6,t to be elected under the provisions of this act. Part of § 22, same ch. i , Trustees to § 1220. The board of trustees shall have power, and it fuppo?t*Jr shall be their duty, to direct moneys to be raised by tax the poor, upon the taxable property in said town, for the following purposes : 1 * * * 2. * * * 3! * * * 4. For the support and maintenance of the poor in said town. 5. * * * g * * * 7. For all other purposes for which town officers and town meetings in said town are authorized by law to direct moneys to be raised. But such board shall not have power to raise in any one year more than two thousand five hundred dollars for the purposes fourthly in this section designated. Part of § 25, ch. 277, 1864, as amended by ch. 733, 1866, by ch. 42, 1868, and by § 3, ch. 184, 1869. Annual § 1220^. The Supervisors of the respective towns [in made'b^ "Westcliester county] shall report, under oath, at the next of each*"' anuua] town meeting of their respective towns, and there- town re- after annually, the amount of moneys received pursuant vofuntefr to the provisious of this act (chap. 38 of 1862), and if he relief fands. ^^^ pg^^^j ^j. (jigpogg^j of the Same, or any part thereof, and RELIEF OF THE POOR. 379 how disposed of, and for what purpose, and the balance, if any, on hand. § 5, eh. 38,» 1862. The board of super- Boardof tn- visors of the county of Westchester shall apptopriate the Sppr^riate sum of ten thousand dollars annually for the purpose of Joi'Syio?' paying said bonds [bonds authorized to be issued under payment of chap. 38, 1862], until the whole amount thereof shall be paid, and they shall also appropriate an annual amount sufficient to ^ay thte interest thereon. 't§ fil^' game ch. The services required to be perfortried by anj' officer No fees for under this act shall be rendered without any fee or "'®"''^**' reward therefor, except that the actual expenses incurred niay be, audited by the board of supervisors, and by them • directed to be paid. ■ § 7, same ch. The several super- supervisors vigors shall give a bond to the cotmty treasurer in a ^Sis^for penalty double the amount received by them' l^espect- J„^°™tM» ively, with sufficient sureties, to be approved by such act treasurer, conditioned for the faithful performance of their respective duties tinder this act, before said treasurer shall deliver said bonds. § 8, same ch. i CHAP. liVIII. WYOMING CQUifTY.'' Section 1221. " The board of managers of the Educational and lados- trialBeformatory of Warsaw " incorporated^ 1222. Terms of office of managers, &c. 1223. Board of managers and its number ; vadancles in, how to be filled. ' 1224. Object of said reformatoy. ■ 1225. Powers of corporation to purchase lands, &C., to erect buildings thereon, and to make rules and regulatip^ns. , 1226; Powers of corporation to make by-la WB|, and also to receive, bequests find, devices. 1227. Who may be received in such institution. 1228. Managers tQ mak^, annual report to legislature. 1229. Compensation', inauagers not to receive. . 1230. Wyojming Benevolei^t, Institute, its object. 1231. Its powe;rs and liabilities. ■ — i-- T" ~ ; ' rr" ^"t ~ "^"^ ', '' ' ~ * "An act, tq authorize the c See ante, respecting Bomau Catholic orphan and vagrant children In Wyoming lounty. $fa96, 410. 3S0 KfiXIEF OF THE POOK. £dncatlunal and indus- trial reform- atory. Managers, their terms of office, and how appointed. Board of managers. Vacancies In, how filled. Object of reform- atory. Powers of corpora- tion. Section 1233. Trnetees. i 1283. BusinesB quopum; ■ 1284. Trustees to report .«niraaJly to legieJnture. 1235. VacanoleB in bo«rcl »f trusted, how to befljle^. 1236. Donations to Inatitrate. 1237. InveStmemt of property, &o.; 1 1221. Horatio Sevmoup, ^■Vg'jstus Frank,, Lipua W. Thayer, William Bnstol, William H. Merrill, David McWethy, Elias H. Ruspell, and Isaaq Butts, together with five other persons to be appointed by. lh^,governor of the state, are hereby qonptituted a l?ody eopporate, under the name of " The Boaiwi of Managers of the Edu- cational and Industrial EefoTmaitoryi pf Warsaw." § 1, oh. 267,-* 1870. § 1222. The first eightjaersons Tiam3d in the forgoing section shall hold their ojpoei during pleasure,, or until lie- moved by *; vote of two^thirds of the board of mf^nag^rs, and shall have power to appoint their &wn supoessorq in the manner designated in section three of this act ; and the five managers appointed by the governor shall hold office for ten years ; but the first five so appointed shall be 80 classified thatthe term of one shall expire at the end of each two yeara during the first ten years. § 2, ch. 267, 1870. § 1223. The boai^qf managers ahpll qpnsist of not less than thirteen perftoils,' seven of whom snail constitute a quorum to do business ; but the board may at pleasure elect honorarj' 'members, With' advisory 'powers, but no autho,rity to vote. Vacancies occurring in the board by death, resignation or removal, among the first eight pei-sons named in section one, shall he .filled by the board Itself; vacancies occurring among the five appointed by the governor shall, in like manner, be filled by hip appointment. § 3, same ch. § 1224r. The object of said reformatory shall, be, the re- claiming of persons who have been convicted of first offenses, the punishment for which would be imprison- ment in a state prison for a term not exceeding five years. § 4, same ch. § 122a. The said corporation shall hare power to pur- chase the necessary grounds, which shall not he less than two hundred acres, and erect the necessary buildings for the accommodation of not less than two hundred persons, from moneys to be raised by voluntary gifts from the people; to mal^e all fules and fegulations they may deem ■T An act to incorporate an ^dkcstldnal and mdfistriftl rcYoraSBtory, to belooited at Warsaw, In the county of Wyoming. Passed April 16, 1870. RELIFB^rOF TH^iPOOR. 381 neoeasary foi'ithemanageinent of saidir&fofpmatot'y ; to elect or appoint .all necessary offioe*si,i add det^Uaiine t^e sal- aries of 'ihe sainie 5 a/nd these officers ehall not be removed except for cause set forth in •yW'Jtten charges, and after a full heaiirin^. § 5, same ch. , ' . . § 1226. Said coi'poration shall have ! power ; to make ib. by-laws -for, their own, government, t© make and use a corporate 'Seal and -alter the eameat filefesure, and to sue and be sued in their corpoi^ate oame. Said corporation shall a]ijO'ha\^po'*!er to receive bequests of real or per- sonal property ftp be ce voted to the interests of said in- stitution, isnbject to (the provisions .of law felative to be- questsibylastwill.aHdtesbanient. .§:6,;same oh. § 1227. Thfenianagers of said reformatory shall receive who to be under their care and instruction such persons, convicted inetitatioiS of first offenses, as shall be intrusted to them, in the dis- cretion of the courts of this state, under 'sudh; rules and regulations as shall be prescribed by law. § 7, same ch. § 1228. The board of managers flhall make, annually, Report to to the legislature a full report of their proceedings and ^®^''***'®- of the condition dnd working .pf the institution. ,i§ 8, same ch. , § 1229. The. said manager's shall receive for itheirser- coapenBa- vices no compensation, except for expenses incurred in the *'°°- disehargeof necessary official i duties. § 9, ch, 267^ 1870. ■§1230. John B. Skinner, Edward' H. Letch worth, Wyoming Henry K Howland, G.eol-ge J. Letchworth and Josiah fSt^tef* Letchworth, audi their, successors to be- duly appointed as itsobjedt. hereinafter specified, are hereby constituted and appointed a *body corporate for the purpose of .establishing and maintaining in the county of Wyoming an institution .for ithe support and education of indigent young persons. § 1, ch. 479, 1870. . § 1281. Said corporation shall be called " The "Wyora- powers and ing Benevolent Institute," and under that name shall "f coJpora- have perpetual successioh^ and ibe. capable of taking amd uon. holding, by purchase, gift, grant, devise or bequest, any real or personal estate for the purposes aforesaid, the j'carly net income of which shall not exceed the sum of fifty thousand dollars, and shall possess the powers and privileges, and be sabjeet to tlie^Jiabilities and provisions, contained in titl4 lliree of ohapter eighteen of the first part of the Revised Statutes, as the same may have been amended, and io far as th'^ same liiay be applicable and not inconsistent with the provisions of this act. § 2, same ch. §1232. There shall be five trustees of the said corpora- Boarder tion, who shall have charge of all its property, and who tn'steee. shall apply the income and avails thereof to the purposes 882 RELIEF OP THE POOR. First trnBt- ees. Basinesi' qaoram. Record of ftroceed- ngs. Annnal report to legiBlatnre, Vfn&t to contain. Vacancies, how flll^d. Donations to Institute. Inrestment of proceeds of real or personal •state. expressed in this act. The persons named in the first section of this act shall be the first trustees^ and shall hold their offices nntil their successors shall be appointed as hereinafter provided. § 3, same ch. § 1233. No act of the trustees shall be valid unless au- thorized or ratified by a resoliition adopted at a regular meeting of said trustees by a majority of the whole num- ber, and recorded in a book to be provided and kept for that purpose. § 4, same ch. § 1234. The trustees shall annually, within the month of January in each year, send to the legislature of this state a full statement of all the property and funds in their charge, of the condition thereof, of the number, ages and sex of the young persons received into the said insti- tute, and of the items of all receipts and disbursements, together with a certificate of at least two of the trustees, that they had compared the same with the vouchers and that they are correct. § 5, same ch, § 1235. All vacancies in the board of trustees, by death, resignation or otherwise, shall be filled by the remaining trustees at a regular meeting of the board. § 6, same ch. § 1236. The said trustees may accept donations of real and personal estate, by will or otherwise, for the purposes specified in the first section of this act, and on sucn terms, conditions and restrictions as the donors may prescribe, and shall have power to dispose of the same, except when prohibited by said donors. § 7, ch. 479, 1870. § 1237. The said trustees may, from time to time, in- vest the proceeds of any real or personal estate belonging to said corporation, and the income derivable therefrom, until such investments, added to the other available se- curities belonging to said corporation, shall amount to the sum of four hundred thousand dollars, and from that time the interest and income realized from all sources, shall be expended for the support and maintenance of the Baid institution. § 8, same en. CHAP. LIX. YATES COUNTY.' • For ch. ST6 of 1831, entitled "An act relative to the anditingr of the Unn accoonts in the counties of Tates, Suffolk and Liringston, see ante, {{ 1185-1188. CODE RELATIM TO THE POOR. PART THREE. LAWS RELATING TO STATISTICS OF THE POOR, COM- MISSIONERS OF PUBLIC CHARITIES, ACTIONS BY POOR PERSONS, PROCEEDINGS BY AND AGAINST SUPERINTENDENTS AND OVERSEERS OF THE POOR, BEGGARS AND VAGRANTS, DISORDERLY PERSONS, BASTARDS, LUNATICS, DRUNKARDS, BENEVOLENT SOCIETIES, LUNATIC AND INEBRIATE ASYLUMS AND other: MISCELLANEOUS MATTERS. CHAP, LX. STATISTICS RELATII^G TO THE POOR. Sectiok 1238. Certain proviaions of law relating) to reports byl super- intendents to secretary of state made applicable to certain local poor oflBcers, and, to all poor officers elected or appointed in cities iinder special acts o f the legislature. ■ ' 1239. When and ' what and by whom reports to be made to snperintendenta. 1240. Time when report to be made to secretary of state. 1241. Secretary of state to make annual report to legislature and what such report to contain. i 1242. D^ty of snperinte^tdents iq counties in which there are no poor-housesi or in which thp; distinction between town and co'ilnty poor have been reviveid in respect to obtaining statistics, &c. 1343. Forms, blanks and information to be furnished by secretary of state to those required to report. 1344. Secretary of state directed to compile and publish and distribute laws in force relating to the poor, &o. 384 RELIEF OF THE POOR. Certain § 1238. All the provisioDs of sections seventy-five, cerero*' seventy-six, seventy-seven and seventy-eight, of chapter report twenty, title one, part one, Revised Statutes of the state relating to of New York, as amended by chapter two hundred and eecretei^of fourteen, laws of eighteen hundred and forty-two, and Biate. ch^ter one hundred, laws of ejgbteep hunijr^d and forty-nine (sections 'one karidrefd; aad fourteen to one hundred and twenty), relating to reports by superintend- ents of the poor of the several counties of the state to the secretary of state, and the penalties for the neglect of duties under said acts, are herebj' extended to and made applicable to the commissioners of public charities and correction for the city and cplinty of New York, the superintendent ol'the almsliouse of the county of Albany, the keeper of the poor-house of the county of Putnam, ftnd the sjiperanteodents of the poor who are appointed by the boards of supervisors of the counties of Fulton, Herkimer and Jefferson, the commissioners of the alms- hou'se elected in the cities of Newburgh and Poughkeep- sie, and all poor officers elected or appointed in 6ther cities of the state under special acts oi the legislature. § 1, ch. 424," 1870. Aifoto §1339. The commissioners of the almshouse of the nnaire*porte cities of Newburgh and PoUjghkeepsie, and the poor ofR- toconnty ccrs of othei* cities chosen under special acts of the legis- tendents. laturc, shall annually, on the first day of December, i-e- port to the superintendent of the poor of their respective counties such statistics as, from time to time, may be required t3 be reported in the other cities and towns of this state, under the genea-jl A&yvh of the slate. § 2, same ch. § 1240. The superintendents of thq poo? elected or appointed in the several counties of the state, the super- intendent of the almshouse of the county of Albany, the keeper of the poor-house of the. county of Putnam, and the commissioners of public charities and correction of tlie city and county of JJ^ew York, are hereby required to Time when make annual reports for their respective counties to the ^??emrl°of secretary of state, on or before the tenth day of January Btatetobe of eucli year (covering the year ending November thir- ™" "■ tieth), upon the statistics of the poor required to be made by the acts hereby amended. § 3, same ch. Dtitycf § 1241. The secretary of state shall annually, on or etat"u)'Te°-' before the first day of March, report to the legWlature the fegidatu're. Tcsults of the .information obtained in pursuance of this act. § 4, same ch. » An act in relation to the etatietics of the poor. Passed April 27, 1870 ; three- fifths being present. COMMISSIONERS OF CHARITIES. ^885 § 1242. The superintendents of the poor in counties in Dntyof •which there are no poor-houses, or in which the distinction tendentV in between town and county pOor has been revived, are respect to 1T1. 11 .'^i-*- -, '. Obtaining hereby directed and required to procure from supervisors statistics, and overseers of the poor in the several towns in such counties the statistics necessary to enable them to make the annual report required by this act. § 5, ch. 424, 1870. § 1243. The secretary of state shall, from time to time, Forms and furnish the officials named in the first and second sections fnmhhed'"' of this act (§§ 1238 and 1239) with the necessary forms, ^Jl^'^^'^ blanks and instructions required in making up reports upon the statistics of the poor. § 6, same ch. § 1244. The secretary of state is hereby authorized and ^^Ye^'^g"''' °' directed to cause this act, together with all the general publish and and special poor laws now in force in this state, to be poor laws, compiled and published in pamphlet form, with such v ;: notes and explanations, f^rms and instructions, adapted to ;• the several systems, of supporting the poor, as in his opinion may be necessary, and that he cause the same, when published, to be distributed to superintendents and overseers of the poor and keepers of poor-houses in this state, also to town and city clerks, county clerks, and clerks of boards of supervisors in this state. §7, same ch. CHAP. LXI. STATE COMMISSIONERS OF PUBLIC CHARITIES. SKCnoN 1245. Governor to appoint eight persons in each judicial district, to be known as the " Board of State Com- missioners of Public Charities;" ex o£Sclo commis- sioners constituted. 1246. Their term of office ; vacancies, how to be supplied. 1247. Oath of office to be taken ; the commissioners em- powered to elect president, and other officers and agents. 1848. Powers of commissioners ; duties of managers and offi- cers of institutions, and penalties for not performing such duties. 1249. Commissioners, or some of them at least, annually, to visit charitable and correctional institutions, and make report thereon to the legislature. 1250. Commissioners, or some of them at least, once in two years, to visit and examine condition of almshouses and poor-houses, and report on condition of same in donneotion with their annual report. 49 886 RELIEF OF THE POOR. Skction 1251. InBtitutions requiring state aid, commissioners, or lome of them, to inquire as to, and to report to legislature in respect thereto. 1252. Commissioners, or any of them, may administer oaths. 1253. Clerli of commissioners and his duties. 1254. Room for commissioners, to be assigned in capitol or state hall. 1255. Duty of commissioners in respect to attending legisla- tive committees. 1256. Account boolis, blank books and stationery, to be fur- nished commissioners by comptroller. 1257. Commissioners to receive no compensation except for actual expenses, and how such expenses to be verified and paid. 1258. No trustee eligible to office of commissioner, and no commissioner to be interested in any contract. Mnmber 6f commiB- fioners. Kx-officio members. Terms of office. Oath of office. Officers of board. Powers and duties. , § 1245. "Within thirty days after the passajije of this act, the governor, by and with the consent of the senate, shall appoint eight persons, one residing in each judicial district of the state, to be called and known as the board of state commissioners of public charities. § 1, ch. 951," 18C7. And the lieutenant-governor, secretary of state, comptroller and attorney -general are hereby constituted members, ex officio, of said state commissioners of public charities. Part of § 1, ch. 281,"' 1870, page 627. § 1246. One of the persons so appointed shall hold his office for one year, one for two years, one for three years, one for four years, one for live years, one for six years, one for seven years and one for eight years, as indicated by the governor on making the nominations; and all ap- pointments thereafter, except to fill vacancies, shall be made for eight years. § 2, ch. 951, 1867. § 1247. Before entering upon their duties, the said commissioners shall respectively take and subscribe to th§ constitutional oath required of other state offi,cers, which shall be filed in the office of the secretary of state, who is hereby authorized and directed to administer such oath. The said commissioners shall have power to elect a president out of its own number, and such other offi- cers and agents as it may deem proper, and to addpt such by-laws and regulations for the transaction of its business and the management of its affairs as it may consider ex- pedient. § 3, same ch. § 1248. The said commissioners shall have full power at all times to look into and examine the condition of * An act to provide for the appointment of a board of commissioners of pnblic charities and defining tlieir duties and powers. Passed May 23, 1867 ; three-iftbs being present. i> An act making appropriations for the support of government. Passed April 19 1810 ; three-fifths being present. COMMISSIONERS OF CHARITIES. . 387 the several institutions -wliicli they may be authorized by this act to visit, financially and otherwise ; to inquire and examine into their methods of instruction, and the gov- ernment and management of their inmates ; the official conduct of trustees, directors and other officers and em- ployees, of the same ; the condition of the buildings, ■• grounds and other property connected therewith, and •into all other matters pertaining to their usefulness and good management ; and for these purposes they shall have free access to the grounds, buildings and all books ' and papers relating to said institutions; and all persons Dntiesof now or hereafter in any manner connected with the same &*."o?in- are hereby directed and required to give such informa- stitutinn. tion and afford such facilities for inspection as the said commissioners may require ; and any neglect or refusal Penalty for on the part of any officer or person connected with' such ■; institution to comply with the requirements of this sec- tion shall subject the offender to a penalty of two hundred and fifty dollars, to be sued for and collected by the said commissioners, in their name of office. § 4, ch. 951,- 1867. § 1249. The said commissioners, or some one of them, charitawe are hereby authorized and required, at least once in each tufns'^viai- year, and as much oftener as they may deem necessary, tatioii of to visit all the charitable and correctional institutions of sionere. the state, excepting prisons, receiving state aid, and as- certain whether tlie monej'^s appropriated for their aid are or have been economically and judiciously expended ; whether the objects of the several institutions are accom- ne object*, plished ; whether the laws in relation to them are fully complied with ; whether all parts of the state are equally benefited by said institutions, and the various other mat- ters i*eferred to in the fourth section of this act (§ 1248); and report in writing to the legislature, at the opening of Report to, each annual session of the same, the result of their investi- '««'"'»'"«• gations, together with such other information and recom- mendations as they may deem proper. § 5, same ch. § 1250. The said commissioners, or some or one of inqnirine them, shall also, at least once during the first two years uoSo?"^^' of their appointment, and also at least once during each Jjjjl;, '^^_ two years thereafter, visit and examine into the condition of each of the city and county alms or .poor-house, and shall possess all the powers relative thereto, as mentioned in the fourth section of this act; and shall report to the EeportsB legislature, in writing, the result of their examination, in *"■ connection with the annual report above mentioned. § 6, same ch. § 1251. Whenever any charitable or correctional insti- state aid: tutions, subject to the inspection herein provided for, re- iSw:*^ quire state aid for any purpose other tlian their usual ex- 388 RELIEF OF THE POOR. Report BB to. Oathi. Clerk of commla- sloners. Room for accommo- dation of coramis- BioncfB. When com- miasionera to attend on legislature. Blank boekfi, &c., who to fnr- nish. Commis- sioners to be paid ex- penses. Clerk^ how paid. Not to 1)0 interested pensea, the said commissioners, or some or one of them, shall inquire carefully and fully into the ground of such want, the purpose or purposes for which it is proposed to use the same, the amount which will be required to ac- complish the desired object, and into any other matters connected therewith ; and in the annual report of each year they shall give the result of such inquiries, together with their own opinions and conclusions relating to the whole subject. § 7, ch. 951, 1867. § 1252. The said commissioners, or any one of them, are hereby authorized to administer oaths and examine any person or persons in relation to any matters con- nected with the inquiries authorized by this act. § 8, same ch. § 1253. The said board of commissioners shall have power and they are hereby authorized to appoint a clerk, who shall hold his office during their pleasure, with a salary not exceeding fifteen hundred dollars per annum, who shall, wlien required, act as an accountant, from time .to time, as they may have occasion to investigate the financial or other affairs of any of the institutions affected by this act, or the accounts or ofiBcial conduct of any of their officers ; and when acting as such account- ant, he shall, in addition, be allowed his actual traveling expenses. § 9, same ch. § 1254. The trustees of the capitol, or, in case of their inability, the trustees of the new state hall, shall assign to the said board a suitable room for their accommoda- tion. § 10, same ch. § 1255. The said commissioners, or soraeor any one of them, shall attend upon the sessions of the legislature whenever any committee of either house shall require their attendance. § 11, same ch. § 1256. The said board of commissioners shall be fur- nished by the comptroller with journal, account books, blanks and stationery. § 12, same ch. § 1257. The said commissioners shall receive no com- pensation for their time or services, but the actual ex- penses of each of them, while engaged in the perfonti- ance of the duties of their oflice, and any actual outlay for any necessary aid or assistance required in examina- tions or investigation, on being made out and verified by the affidavit of the commissioner making the charge, shall be paid quarterly by the treasurer, on the warrant of the comptroller, out of any moneys in the treasury not otherwise appropriated, and the clerk of the board shall be paid in like manner. § 13, same ch. § 1258. No member of the board of said commission- ers shall be, directly or indirectly, interested in any con- SUITS BY POOR PERSONS. 389 in con- tracts. tract for building, repairing or furnishinff any of the in- stitutions which by this act they are autnorized to visit and inspect, nor shall any trustee or other officers of any No trnsteo of the institutions embraced in this act be eligible to o^ce of ° the office of commissioner hereby created. § 14, ch. 951, Bi'o""r'*' 1867. CHAP. LXII. BRINGING AND MAINTAINING SUITS BY POOR PERSONS. Section 1259. Who may petition to prosecute as a poor person. 1260. Contents of petition; certificate of counsel to be an- nexed 1261. When court to assign counsel, &o. 1263. On being admitted, to prosecute without liability for costs, &c. 1263. When court may annul admission to prosecutA 1264. This title extended to suits in equity. § 1259. Every poor person, not being of ability to sue, who may who shall have a cause, of action against any otner, may each.'™ *' petition the court in which such action is depending, or fi'^tef-??'^' in which it is intended to be brought, for leave to prose- so9; i f. c cute as a poor person, and to hg,ve counsel and attorneys fm\iii2; assigned to conduct his suit. § 1, title 1, ch. 8," part 3, ^^m'u R. S. (2 R. S. 444.) u-w.' § 1260. Such petition shall state : 1. The nature of the suit brought or intended to be contents of brought. P^""""- 2. That the applicant is not worth twenty dollars, ex- cepting the wearing apparel and furniture necessary for himself and his family, and excepting the subject-matter of the action, when not in possession thereof. And shall be verified by his own affidavit, and sup- certincate ported by a certificate of a counselor of the court that he °' '°""'^°'- has examined the claim, and is of opinion that such poor person has a good cause of action. § 2, same title. (2 R. S. 445.) § 1261. The court to which such petition shall be pre- whenand sented, if satisfied of the facts alleged, and that the ap- l^^^^^" plicant has a meritorious cause of action, shall by rule admit him to prosecute as a poor person, and shall assign , to him counsel, solicitors, attorneys, and all other officers • Bee § 471, Code of Proeedara. 390 RELIEF OF THE POOR. Conee- qnence of admlBFion, Id Wend., 679 : 18 How. 467. When It may be aimnlled, 20 Wend. 679. . Soltsln equity. requisite for prosecuting his suit, who shall do their duty therein without taking any reward for the same. . § 3, title 1, ch. 8, part 3, E. 6. (2 E. S. 445.) § 1262. Every person so admitted may prosecute his suit without paying any fees to any officers or ministers of justice, and shall not be prevented from prosecuting the same by reason of his being liable for the costs of any former suit brought by him against the same defendant ; and if he be nonsuited, or a verdict or judgment be given against him, or his bill be dismissed, or a decree be ren- dered against him, he shall not be liable for any costs- in such suit. § 4, same title. § 1263. If the person so prosecuting be guilty of any improper conduct in the prosecution of his suit, or of any willful or unnecessary delay, the court may, in its discre- tion, annul the order admitting him to prosecute as a poor person ; and he shall thereafter be deprived of all the privileges conferred by such order. § 5, same title. § 1264. The provisions of this title shall apply to suits in courts of equity as well as to actions iu courts of law. § 6, same title. CHAP. LXIIl. SUITS BY AND AGAINST OYEESEEES OF THE POOE AND COUNTY SUPERINTENDENTS. Section 1265. Actions by superintendents or overseers, when may be brouglit. 1266. Such actions, bow may be brought on contracts, &c. 1267. But in certain cases to be in the name of the body represented. 1268. Actions against counties and towns, how to be brought. 1269. Actions against certain public officers, how brought ; proceedings. 1370. In certain actions, defendant* not to b« held to bail. 1271. Actions against officers on contracts of their predeces- sors. 1272. Omitting name of one of several officers, how waived. 1273. Suits by officers not to abate by death, removal, resig- nation, &c. 1274. New defendant not to be substituted without consent or notice. 1275. Judgments against superintendents or overseers to be laid before supervisors. 1376. To be added by them to tax list and collected as taxes. 1277. Judgments, when county treasurer to pay. 1278, 1279. When to be paid by supervisor or overseers of the poor. 1380. Execution not to issue in certain cases. SUITS BY AND AGAINST OFFICERS. 391 § 1265. Actions may be brought by the supervisors of Actions by a county ; by county superintendents ot the poor ; by iI^oXct"*' supervisors of towns ; by overseers of the poor of the i^fsso^'v several' towjis; upon any contract lawfully made with ^'J^"''-.'. them or their predecessors, in their official eharactel- ; to 427- 9. ' " enforce any liability, or any duty enjoined by law, to such £*wend*.'' officers or the body which they represent; to recover any J|^; Ij^hIii, penalties or forfeitures given to such officers or the bodies Barb, eis; wliom they represent; and to recover damages for any *''^«'"^«8- injuries done to the property of'l'ights of such ofecers, or of the bodies represented by 'them. Part of § 92, art. 4,« title 4, ch. 8, part 3, K. S' 2 (E. S. 473.) § 1266. Such actions may be brought by' such officers on con- in the name of their respeQtive offices, notwithstanding &c?.with the contract or obligation on which the same is founded ^^=" P'^- may have been made with or to any predecessors ot such sKem. sa: officers, in their individual names or otherwise, and not- ^ " '*""' "withstanding any right of action may have accrued pre- vious to the time when the officers commencing such suit entered upon the execution of th^ duties of their office. § 93, same title. ' . § 1267. But in cases where, by special provision of law, When ip 'actions are directed to be brought by or against any pub- pSSic *'' lie bodies, in the name of .any such body, the same shall ""dies. be brought or defended in such name by the persons rep- resenting such body then in office. § 94, same title. § 1268. Actions against counties, in the cases iii which Agitinst they are allowed by law, shall be brought against the andlown, board of supervisors thereof, and actions against towns * ^*™- *'• shall be brought against such towns by their names ; the said actions may be commenced by summons, as in suits against corporations, and the same proceedihgs shall be had thereon as are prescribed-in the first article (2 K. S. 477 to 4^1) of this title. § 95, same title." § 1269. Actions against the officers named in the pre- Against ceding ninety-second section of this title(section 1265) shall pu"fic° be brought against them individually, specifying in the g^^^Jj'-gg . process, pleadings and proceedings, their name of office; QBarb.'jeo'; and such actions may be commenced in the same manner rweM-' as against individuals; but the defendants shall not be Jlg.'aHo^^ held to bail in any case, unless upon the order of a judge p. &. 68; of the court in which the action is commenced, founded " ^^ "upon proof by affidavit that the same is brought for some personal misconduct in office, or upon some personal liabil- ity assumed or incurred by such defendants iu their official s Entitled " Of proceedinga by and against public bodies having certain cor- porate powers, and by or against th« olBcers representing them." y b See S 471, Code of Procedure. 392 RELIEF OF THE POOR. When not to be held to boil, 9 Barb. S60. On con- tractp of ■ prede- ceasors. 13 Wend. 271 ; Hill &] Denlo, 894. Flisln-' abatement. See Code of Frocednre. Abatement of eaite by officer's death, &c., SDenlo,125; fi Seld 164 ; 1 Barb. 14 ; SnbBtltn- ting de- fendant. Certain Jndgrninni to bo laid before sn- pervisorB. 20 Barb. 294; 11 Wend. 181 : 19 id. SI. To be col- lected like tazaa. character. § 96, art. 4, title 4, ch. 8, part- 3, E. ,S. (2 R. S. 474.) , , , § 1270. In actions against county superintendents of the poor of any county, and against overseers of the poor of any town, to enforce any lial?ility of such county or town, or to recover any sum of money, damages or ex- penses which such county or town may be liable to pay, the defendants shall not be held to bail. § 97, same title. § 1271. When any contract shall have been entered into, or any liability shall have been incurred, by, or in behalf of any county or town, by any officer thereof within the scope of his authority, the same remedies may be had against any successor of such officer, in his official character, as might have been had against such officer, if he had continued in office. § 98, same title. § 1272. In suits against any of the officers named in this article, the omission to name any other officer in the process or declaration may be pleaded in abatement ; and if not so pleaded, such omission shall be deemed to have been waived, and shall not be objected in any other stage of the proceedings. §, 99, saftie title, § 1273. No suit commenced by or against any officers named in this article (chapter 63) shall be abated or dis- continued by the death of suph officers, their removal from, or resignation of, their offices, or the expiration of their term of office ; but the court in whicb any such acHion shall be pending shall substitute the names of the successors in such office, upon the application of such successors, or of the adverse party. § 100, same title. § 1274. But before any new defendant shall be so sub- stituted without his consent, at least fourteen days' notice of the application for that purpose shall, be personally served on him. § 101, same title. § 1275. If judgment be rendered for any debt, dama- ges or costs, against the board of supervisors of a county, against the county superintendents of the poor of any county, against any town or the supervisor thereof, or the overseers of the poor thereof, on account of the lia- bility of such county or town, and such judgment, be not suspended by writ of error or otherwise, or be not paid and satisfied before the next annual meeting of the board of supervisors of the county, a certified copy of the docket of such judgment, or the record thereof, if re- quired by such board, shall be laid before the board of supervisors of the county at some annual meeting thereof § 102, same title. § 1276. The board of supervisors shall add the amount of such judgment, together with interest thereon, irom SUITS BY AND "AGAINST OFFICERS. 393 tK6 time of recovery to the first Monday in February 20Barb.294i then next, and also the. exp^ises of the certified copy of "'*■^"• the-doeket or record of judgment-mentioned in the pre^ ceding section, to the tax to be laid upon the county, or town against which, or against the oflBcers of which, such recovery shall have been had ; which sums shall be as- sessed, levied and collected as other -jcojitingent charges of such town or county, and shall be paid by the county treasurer, to the person recovering such judgment. § ii(>|, art. 4, title 4, ch. 8, part- 3, R. S. (2 E. S. 4t5.) § 1277. But if the treasurer of the county, against ^f«" *" •>« which or against whose officers such judgment shall be count/ had, have sufficient moneys in his hands belonging to ^Barbfsk. such county, not otherwise specifically appropriated, he shall be bound to pay the aiiibunt of such judgment, upon ,the ,;^rGduction of , a, certified copy of the docket thereof, or o± the record, if required ; and if he shall fail to do so on demand, he shall be personally liable for thei amount of; such judgment, with the interest,, to be recovered in an action by the party in whose favor such judgment was rendered, or his representatives. § 104, same title. § 1278, If the supervisor of a" town or the overseers of ^'>o«> ^y the poor of a town, against whom any judgment shall an§°over" have been rendered, which shall not be suspended by writ lTwmi.ti. of ferror or otherwise, have sufficient moneys in their hands belonging to their town, not specially appropriated, they §hall in like manner pay the amoupt of rSucfn judg- ment aod the interest thereon, upon the like evidence ; and for a failure so to do, they shall in like manner be responsible,; personally, to the party in whose fay or such judgment was obtained. § 105, same title; § 1279. If the recovery be had against a town in its bv super, own name, the supervisor thereof shall, in like ipanner and Upon the like evidence, pay the amount thereof, with interest, out of any moneys in his hands belonging to such town, not specially appropriated ; and for a failure' to do sq shall be personally responsible for such amount, to the party in whose favor Such judgment was obtained. § 106, same title. §1280. When a judgment shall be recov^ed against whenere- the board of supervieors, or the county superintendents to'ss"","' of the poor of any county, or against any towii, or the f^^l^-1^}] supervisor or the overseers of the poor thereof, "no execu- ii id. isi. ' tion shall be awarded or issued upon such judgment, un- less the same shall have been renderpd for the costs of a suit commenced by any of the said officers in their indi- vidual names ; in which cases such costs shall be collected of the plaintifls, individually, and the amount thereof shali be allowed to them in their account of official ex- 60 394 RELIEF OF THE POOR. penflitnres, by the board authorized to audit such accounts, if such suit appear to have been necessarily comniienced in eood faith. §• 107, art. 4, title 4, ch. 8, part 3, E. S. (2 E. S. 476, 476.) CHAP« LXIV, BEGGAES, VAGEANTS AND DISOEDEELY PEESONS." SacnoN 1281. Persons enumerated who are to be deemed vagranti. 1283. Peace officers, when required to carry vagrants before magistrates. 1283. Authority of mngistrate ; when to commit vagrant to poor-house ; when to jail. 1384. Children begging to be sent to poor-house, and may be bound oat, 1285. Persons disguised, when may be arrested as vagrants, &c. 1286. Any ofiScer or citizen may arrest and carry them before a magistrate. 1287. Any officer may require assistance. 1288. Penalty for refusing to assist officer. 1289. Magistrate may issue warrant against offender. 1290. Assemblage of persons disguised, a misdemeanor. 1291. Powersof village trustees under ch. 291, 1870, to make by-laws to prevent vice, punish vagrants, disorderly persons, &c. 1292. Persons complained of as vagrants or disorderly per- sons, how and when, under said chapter, t(f be tried. 1293. Term " vagrant " in said chapter defined. 1294. Disorderly persons under general village act, who deemed to be. 1295. Such vagrant or disorderly persons, by whom may be arrested. 1296. Disorderly persons under general law designated. 1297. Proceedings against them ; surety for good behavior, when to be required. 1298. What acts to be deemed breaches of recognizance for good behavior. 1299. Eecognizanca, when and how prosecuted ; recovery, how applied. 1300. Court before which recovery had may ];equire new sure- ties, or commit to jail. , 1801. When and by whom persens committed for want of sureties may be discharged. 1302. List of disorderly persons committed to be laid before court of sessions. 1303. Court to inquire into each case and hear proofs. 1304. Court may discharge, or authorize the bindins; out of, . disorderly persons. • For special law? relating to beggars, vagrants and diBorderly persons in partlc- niar localities, see connties, ante. For ch. 185, 18SS, relating to idle and truant children, eeo ante, H 18^-184. BEGGARS AND DISORDERLY PERSONS. 395 SjECTiOSi 1305. Court may commit to prison ; duration of impriaonment. 1306. When materials, &c., to be bought, and disorderly per- sons compelled to work. 1307. Expenses of materials, &c., how defrayed. 1308. Proceeds of labor, how disposed of and accounted for. § 1281. All idle persons who, not having visible means Ennmera- to maintain theln.^elves, live without employment; all '^™^tj, persons wandering abroad andl lodging in taverns, gro- wHow.iss. ceries, beer-honses, ont-honses, market places, sheds or bams, or in the open air, and not giving a good account of themselves ; all persons wandering abroad and beg- ging, or who go about from door to do6r, or place them- selves in the streets, highways, passages, or other public places to bee or receive alms, shall be deemed vagrants. 1 1, title 2, ch. 20, part 1, R. S. (1 "R. S. 632.) § 1282. It shall be the duty of every constable, or other Tq bo, peace officer, whenever required by any person, to carry before mae- Buch vagrant before a justice of the peace of the sam6 i»""e»- town, or' before the m&jor, recorder, or any one of the aldermen of the city in which such vagrant shall be^ tor the purpose of exatnination. § 2, same title. (1 H. S. 632.) § 1283. If sucii justice or other officer be satisfied by Proeeed- the confession of the offender, or by competent testimony, °^'' that such person is a vagrant within the description aforesaid, he shall make up and sign a record of convic- tion thereof, which shall be filed in the office of the clerk of the county," and shall by warrant under his hand com- ^^"J" ™' mit such vagrant, if he be not a notorious offender, and L sent to be a proper object for such relief, to the county poor-house, house^when if there be one, or to the almshouse or poor-hovxse of such '° 1*"- town or city, for any time not exceeding six months, there to be kept at hard labor ; or, if the offender be an im- proper person to be sent to the poor-house, then he shall be committed to the bridewell or house of correction of Buch city or county, if there be one, and- if none, to the common jail of such county, for a term not exceeding sixty days, there to be kept, if the justice think pioper so to direct, upon bread and water only for snch time as shall be directed, not exceeding one-half the time for which he shall be committed. •§ 3, same title. [Any proportj magistrate by whom any vagrant or disorderly person shall fhe'perslm, be committed' may cause such-person to be searched for how to be the purpose of discovering any property he may have, and *'"'' * ' if any property be found the same may be taken and applied to the support of such person while' in confinement. Fart of § 29, title 7, ch. 2, part 4, E. S. (2 E. S. 746.)] — — * — * '' * As to certain daties of committing magistrate in Xew TorK city, sec ante, SSn6-719. 396 RELIEF OF THE POOR. Children § 1284. If ' any child shall be found begging for a^ms h™u?be ot: soliciting charity from door to door, or in "any street, see'ame"'' highway or public place of any city or town, any justice tS i82-i8i. of the peace, on complaint and proof thereof, shall com- mit such, child to the county poor-house, if there be one, or to the almshouse, or other place provided for- the sup- , port of the poor, there to be detained, kept, employed and instructed in such useful labor as suoh child shall be able to perform until discharged therefrom by the county superintendents of the poor, or boupd out as an appren- tice by them or by the commissioners of the almshouse or the overseers of the poor. § 4, title 2, ch. 20, part 1, K, S. (1 K. S. 633). Persons i§ 1285. Every person who having his face paipted, dis ' 5^™sti>eir colored, covered or concealed, or, i being . otherwise dis- painted, „ guised in a manner calculated to prevent him from being uieMs. '' identified, shall appear in any road or public highway, or in any field, lot, wood or , inclosure, may be pursued and arrested in the manner hereinafter provided ; and upon being brought before any judge or other officer herein- after designated of the same county where , be shall be , arrested, and not giving a good account of himself, shall be deemed a vagrant within.. the purview of the second title of chapter twenty of the first part of the Eevised Statutes (§§ 1281-1284); and on conviction, as provided in the said title, shall be committed to and imprisoned in the county jail of the county where such person shall be found for a term not exceeding six months ; and all ' magistrates authorized in and by the first section of the second title in the second chapter of the fourth part of the Kevised Statutes to issue process for the apprehension of persoils charged with any offense, are, authorized and required to execute the powers and duties in relation to the offense created by this act which are conferred and imposed on justices of the peace by, the said second title of chapter twenty, and all other, powers and duties con- ferred and imposed by this act. § 1, ch. 3, 1845. Powers and §1286. Every sheriff, deputy sheriff, constable, mar- BheriffB and ^^^^^^ ^^ ^ "^^ty or other public peace officer, or other citi- otheroffl- zen of the county wher# such person or persons shall be found disguised as aforesaid^ may, of ihis own authority and without process, arrest, secure and convey to any such magistrate residing in the county where such arrest shall be made, any person who shall be found having his face painted, discolored, covered ior concealed, or being otherwise disguised as aforesaid,. to be examined and pro- ceeded against in the manner prescribed in the said sec- ond ,title of chapter twenty ; and it shall be the dnty of any sheriff, deputy sheriff, constable, marshal, or other BEGGARS AKD DISORDERLY PERSONS. 897 peace officer, whenever any of them shall discover any person with his face so painted, discolored, covered^ or concealed, or- being otherwise disguised as aforesaid, im- mediately to arrest, secure and convey such person to any such magistr^e, to be proceeded with according to law ; and whenever any suob. officer, shall receive credible in- formation of any person ihaving-his face so painted* dis- ;Colored, covered or concealed, or being otherwise disguised as aforesaid, it shall be the duty of every such officer -forthwith to pursue such person and arrest, secure and convey, him to any such magistrate. § 2, ch. 3, 184:5, § 1287, In the execution of the duties prescribed in ooois™' the last foregoiflg section, any sheriff, deputy sheriff, con- Stiabu- "^ stable,, raarshgl or other peace office?, shall be authorized Ssaiawnca. .:;to command any male inhabitant of his, county,, or as many as he shall think proper, to assist him in seizing, arrest- ing, confining and conveying to any, such magistrate 'and' -committing to the common jail of the county, every person with his face so painted, discolored, covered or concealed, or being otherwise disgiji^ed as aforesaid ; and any inhab- itant so commanded may, provide himself or be pi^ovided ■ fWith;such, means and weapons as the officer giving such command shall designate. § 3, same ch. r . . § 1283. Every person so commanded as provided in the Penalty for last preceding sectiofi who shall refuse ,or neglect, without ""«'*'''• lawful,, cause,, to obey such comij^and shall be deemed guilty of a misdemeanor and be subject to a fine notiex- cee(^g;two hundrecl and fifty dollars, or to imprisonment not exceeding one year, or to both. § 4, same ch. ■ ,■ S 1289,, Anv magistrate to whom complaint shaD be ^"™°f, m^ae^.that any person has appeared .in the publxc high- to»rre«t way, or in any lot, field, woods, or inclosure, with his face son?.'"'"'' 80 painted, discolored, covered or concealed, or being othpryidse disguised as aforesaid, may, in his discretion, by warrant under his hand, depute and empower any elector of the county to arrest, seize,, confine and bring such person before such magistrate to answer such com- plaint, Ajid. in any siich warrant, or in any other . war- rantor process, against, any person charged with having ".' )a.^ face so pain]^ed,di8colpred, covered or concealed, or .being otherwise .disguised , as aforesaid, whose name shall, not ^e ]s,nown, it shall be sufficient to describe the offender by sorrieffictitious name. § 5, same ch. ,.'§1:^90. Every assemblage in public houses, or otheji" peJfJng®'' places, jof three or more persons disguised as aforesaid, i^ when , hereby, ^pclared to be unlawful; and every individual . so ^lu/of i^^sguised, present thereat, shall be deemed guilty., of, a Sl^or. misdemeanor, and, upon conviction, ife punished byim- 398 RniLIEF OF THE POOR. Village trastees. Their powers. To define dntiee of officers. , PreTent vice. EcMblith s lock-up. l?tinieh Ta- grante. Beimbite exhibi- Uop». Orant li- censee to auction- eere. Vf^ffrant and disor- derly per- sons com- plained of as being, how and when to be tried. prisonraent in the county jail not exceeding one year. § 6, ch. 3, 1845. § 1291. Tlie trustees [of a village, created under and by virtue of chapter 291, entitled "An act for the incor- .poration of villages," passed April 20, 1870; three-fifths being present], shall have power, as to acts and matters •within the corporate bounds, to make, publish, amend and repeal rules, ordinances and by-laws for the following purposes : 1. To declare and define the duties, and manner of dis- charging the same, of all officers of the corporation whose duties are not specially prescribed ]i\ this act, and to add to the duties of those officers whose duties are thus pre- scribed, if the board of trustees deem necessary, and to fix the compensation of such officers, if not fixed by this act. 2. To prevent vice and immorality, preserve the public peace and order, to restrain and suppress disorderly houses and houses of ill fame or of assignation, gaming- houses and instruments and devices for gaming. 3. To establish and maintain a police, and prescribe their powers and duties ; to erect or procure and maintain a lock-up, or designate a place for the detention of persons arrested under this act, or under any by-law, rule or ordi- nance, and to confine said persons therein. 4. To apprehend and ]jj.inish common prostitutes, va- grants and disorderlj' persons, and persons unnecessarily congregated upon the sidewalks or corners, or disturbing a public assembly. 21. To prohibit or regulate all exhibitions or perform- ances for money or hii'e, or authorize the same, on such terms as the trustees shall deem expedient, 22. To restrain and prevent hawking and peddling in the streets ; to regulate, restrain or prohibit sales by auction, and grant licenses to auctioneers. Subs. 1-4, 21 and 22 of § 3, title 3, ch. 291, 1870. § 1292. When any person complained against as a va- grant, diriorderly person, riotous person, or person keep- ing a disorderly house, or a house of ill fame or assignation or prostitution, under the provisions of this act, or any rule, by-law or ordinance made in reference to such per- sons under this ;ict, shall be brought before an officer having jurisdiction of such matters, he shall, unle^ the ofiense complained o( be indictable at common law, pro- ceed forthwith to hear, try and determine the complaint against said person, as provided by law for the offense on which such person is arrested, or such officer may, in His discretion, adjourn the hearing on cause shown, not to exceed five days, and in the mean time commit the of- BEGGARS AND DISORDERLY PERSONS. 399 fender to the village lock-up or place of confinement, or county jail, until sucli day, or sufiFer him or her to go at large on executing a bond approved by the said officer, conditiohed that he or she will appear on the adjourned day, when trial shall be had. § 14, title 8, ch. 291, 1870. § 1293. The term " vagrants," as used in this act, com- '''js™"*'- prises the persons described in part one, chapter twenty, deemed a». title two, section one (section 1281) of the Revised Statutes. § 17, sanie title. ' § 1294. All persons found intoxicated in the streets of Disorderly the village, or persons who shall be guilty of noisy, riot- whoTeem- ous or tumultuous conduct, disturb tlie quiet and peace Itch.^' of the village, 01" of any meeting or assembly therein ; all persons who shall willfully give a false alarm of fire ; all persons who shall publicly use any profane, vulgar or obscene language or conduct in any street or public place in said village ; all persons who shall willfully and ma- liciously break, mar, injure, rtemove, or deface any build- ing, fence, awning, sign, signboard, tree, shrubbery or otJher ornamental thing in said village ; all persons who shall remove from or pile up before any door, or on any sidewalk or street, boxes, casks or other things for the purpose of annoyance or mischief, or who shall willfully tear down, destroy or mutilate any notice or handbill lawfully posted up in said village ; all persons who shall incite or ind'nce dogs to fight in any of the streets or pub- lic places in said village J all persons who, at any time of any fire in said village; "shall be guilty of any insubordi- nation or of any dis6rderly conduct, or who shall attempt to obstruct the operations of the fire department, or shall willfully neglect or refuse to obey, or attempt to prevent or obstruct the execution of, the orders of the trustees ot officbrs of the fire depai'tinent, shall be deemed, and are hereby declared to be, disorderly persons under this act, and under any rule, by-law or ordinance adopted in pur- suance thereof for the punishment of disorderly persons. § 18, same title. § 1295. Any trustee or any police constable is hereby vagrant or authorized to arrest any vagrant or disorderly person, per°'on''i'n with or without process, and take him or her forthwith ^^',^1*^"; before the proper officer. If such officer cannot be found thorized to the persons arresting may detain the person arrested, not """*'' to ekceed twenty-four hours, until the proper officer to try such person is found. § 19, same title. §'1296. All persons who shall abandon or neglect to Ennmera- feuiiport their wives or children, or who threaten to run .''^^rty^l** awi(y and leave their wives or children a burden on the P^^'g°"'jo public: ;iil persons 'pretending to tell foi'tunes, or where vuionaof 400 RELIEF, 03? THB; POOR. E. s. lost or stolen goods may be fonnd ; all common prosti- sDenioJilii; tutcs, all keepers of bawdy houses or^hoixses for tlie re- K^mt ^' P^'"* ^^ prostitutes, dmnkards, tipplers, gamesters, or other disorderly persons ; all persons who have no visible pro- fession or calling to maintain th^niselves by, but who do, for the most part, support themselves by gaming ; all jug- glers, common showmen and mountebanks, who exhibit ," ' or perform for profit any puppet show, wire or rope dance, or other idle shpws, acts or feats; all, persons who keep in any public highway or place, or in any place where spirituous liquors are sold, any keno table, wheel of for- tune, thimbles, or other table, bqs, machine, or device for the purpose of gaming; all persons who go $bput ;with such table, wheel, or other machine or device, ex- •hibiting tricks or gaming therewith; all persons who •play in public streets or highways, with cards, dice, 91 any other instrument or devise for gaming; shall be deemed disorderly persons. § 1, title 6, ch. 20, part 1 R. S. (1 E. S. 638), as amended by ch. 127, 18,^1. _ Proceed- § 1297. Upon complaint made on oath to any justice the"^''"" ^^ *^® peace against any person as being disorderly, he shall issue his warrant for the , apprehension of the of- fender, and cause him or her to be brought before such Surety for justice for examination. ,, If it shall appear by the con- Sehavior, iegsion of the offender or by competent testimony, that 23 Wend '48; he or she is a disorderly person, the justice may require B Barb. 207; of the offender sufficient sui'eties for his or her good be- 42 id. 284. havior for the space of one year. In default of .such Record of sureties being found, the justice shall make up, sign and andjom- file in the county clerk's office, a record of the conviction of such offender as a disorderly person, specifying gener- ally the nature and circumstance of the dffense, and shall, by warrant under his hand, commit such offender to the common jail ot the city or county, there to remain until such sureties be found, or such offehder be discharged ac- cording to law. § 2, same title. (.1 R. S. 638.) Breaches of §1298. It shall be deemed a breach of such recogni- zance for any person so bound on account oi bemg a gamester, at any one time or sitting to play or bet for any money or other thing exceeding the sum or valu«^ of two dollars and fifty cents. In all other cases the com- mitting any of the acts which constituted the person so bound a disorderly person shall be deemed a breach of the condition of such recognizance. § 3, same tit]e.(l R. 8. 639.) Proseou- § 1299. If any breach of such recognizance for good tioM theio- t)g£a,vior happen, such recognizance snail be prosecuted at the instance of any overseer of the poor, county super- intendent of the poor or justice of the peace, and tlie mitment. recogni- sance. BEGGARS AND DISORDERLY PERSONS. 401 penalty, when collected, shall be paid into the county PenaiHes to treasui-y for the beneilt of the poor of such county. § i, foo" "** title 5, ch. 20, part 1, R. S. (1 E. S. 639.) ■§ 1300. Upon a recovery being liad upon any such re- conseqnen- cognizance, the court before which it shall be had may, cove^."* in its discretion, either require new sureties for good be- havior to be given, or may commit the offender to the common jail of the city or county for any term not exceed- ing six calendar months. § 5, same title. § 1301. Any person committed to the common jail for Twojaati- not finding sureties for good behavior may be discharged aflctarge by any two justices of the peace of the county iipon {."j*;*/"'" giving such sureties for good behavior as were originally 23Wend. required from such offender. § 6, same title. ' soi^^"'*' I 1302. It shall be the duty of the keeper of every jail jaii-keeper to lay before the court of sessions,* on the first day of its ffs^'lfco'* meeting next after the commitment of any disorderly to*e«8i6a». person, a list of the persons so committed and then in his custody, with the nature of their offenses, the name of the justice committing them, and the time of imprison- ment. § 7, same title. § 1303. The court of sessions* shall inquire into the Dntyof circumstances of each case and hear any proofs that "°""*' may be offered, and shall examine the record of convic- tion, which shall be deemed presumptive evidence of the facts therein contained until disproved. § 8, same title. § 1304. The court may 'discharge such disorderly per- conrt may son from confinement, either absolutely or upon receiv- or'authorlzo ing sureties for his or her good behavior in its discretion ; i>'"^'''bo"'- or the said courts may, in its discretion, authorize the county superintendents of the poor or the overseers of. the poor of any town, or the commissioners of any alms- house, to bind out such disorderly persona as shall be minors in some lawful calling, as servants, apprentices, mariners or otherwise, imtil they shall be of full age re- spectively ; or to contract for the service of such disor- derly persons as shall be" of full age, with any pei'son, as laborers, servants, apprentices, mariners or otherwise, for any term not exceeding one year; which binding out and Eiftctof ' contracts shall be as valid and effectual as the indenture i^dentiiref. of any aprentice' with his own consent and the consent of his parents, and shall subject the persons so bound out or contracted to the same control of their masters I'e- Bpectively and of the court of sessions* as if they were so bound as apprentices.* § 9, same title (1 E. S. 639.) » The words " general " and " of the ptsce," etrucfc out so as to conform to modifloatione made by i 44, ch. seo, 1847. fil 402 RELIEF OF THE POOR. Haj com- mit to jail. Disorderly persoDB mar be compelled to worli, Jcc. Ezpenies, liow de- frayed. Disposition ofproc^eds, aeconnting for. § 1305. The said court may, in its discretion, order any such disorderly person to be. kept in the common jail fur any term not exceeding six months at hard labor ; o" may direct that during any part of the time of imprisoh- men, not exceeding tliirty days, such offender shall be kept on bread and water only. § 10, title 5, ch. 20, part 1, K. S. (1 K. S. 640.) ; ■ • § 1306. If there be no means provided in such jail for employing offenders at bard labor the court may direct the keeper thereof to furnish such employment as it shall specify to such disorderly persons as shall be committed thereto, either by a justice or any court, and for that purpose to purchase any necessary raw materials and im- plements, not exceeding in amount such sum as the court shall prescribe, and to compel such persons to perform such work as shall be so allotted to them. § 11, same title, § 1307. The expenses incurred in pursuance of such order shall be paid to the keeper by the county treasurer, on the production of the order of the court, and an ac- count of the materials purchased, verified by the oath of the keeper. § 12, same title. § 1308. The keeper shall sell the produce of such labor, and shall account for the first cost of the materials pur- chased and for half of the surplus to the board of super- visors, and pay the same into the county .treasury ; and the other half of such surplus shall be paid to the per- son earning the same, on his or her discharge from im- prisonment. The keeper shall account to the court,' whenever required, for all materials purchased and for the disposition of the proceeds of the earnings of such offenders. § 13, same title. CHAP. LXV. BASTAEDS. SBcnoir 1309. BaBtards, who are to be deemed. 1310. To be supported by father or mother, or by oonnty or town. 1811. Pemilty for removing mother pf bastard ; how sup- ported after removal. 1313. Mother and child, paupers ; proceedings against county or town from which she waa removed. . 1313. Superintendents and overseers to institute proceedings to compel support of bastards. BASTARDS. ^ ' -K^ Section 1314. Justice to aseertain father of bastafd, arid issue £ warrajit. - , , 1315. Proceedings when father out of the county; indorse- , ment of warrant, &c. 1816. Justice indorsing warrant may take one of two bonds, from, father. 1317. Proceedings upon bond being executed. 1318. Upon failure to execute bond, father to be Carried be- fore justice isauing warrant. , . - 1319. Who shall associate another justice; their duties and , powers. - - f ■ ■ 1320. When and for what time proceedings may be ad- journed. . 1321. Powers and duties of justices on hearing. 1333. Person adjudged to be father to pay costs a;nd enter into bond. 1333. On executing bond, to be discharged ; on failure, to be committed. 1334. Amount of penalty in bonds for appearance 5f father. 1335. Father to remain in custody during examination ; when and how imprisoned. . ' ' t 1336. Proceedings, when bond given by father, out of the county. 1387. In what cases examination to be had in prisence of father. 1838. Mother of bastard, how compelled to disclose name of father. 1339. In what case, and how, mother compelled to support bastard. ^ , j 1330. Proceedings in case of her refusal to obey order for support. f 1831. When amount ordered to be paid may be reduced ; when it may be increased. . , 1383. Appeals from determination of justices ; notice thereof. 1388. Justice not, to sit in sessions on appeals ; from his order. 1834. Bonds for appearance, orders, &c., when to be trans- x mitted to sessions. 1335. Subpoenas to be issued for parties in •_ appeal ; effect thereof. .1336. Proceedings of court on appeal, testimony oft mother. 1337. Court may quafeh, affirm, or vary orders, and may ad- . journ hearii;ig. < *t 1338. In what cases father to be discharged from custody or from bond, ^ 1339. Proceedings by sessions on afSrming order of filia- tion. 1340. Father neglecting to give bond as required, to be com- mitted. ; , , ; 1341. When bond for appearance of father at court, to be forfeited. , m 1343. Duty of sessions when 'mother bound (o appear, &c. 1848 In what cases order against mother may be obnfirmed, 1 , or varied, or discharged. 1844. If order be affirmed, pfooeedings to compel obedience^ 404 RELIEF OF THE POOR. SscnON 1345. 1346. Costa on appeal, how airarded and collected. 1347. Original ordei of filiation, when to be made by court, 1348. Proceedings by justices, on order of filiation being quashed for infonnality. 1349. Court to inquire into circumstances of father or mother imprisoned. 1350. In what cases to order discharge of father or mother. 1351. Notice to be given to superintendents or overseers, be" fore discharge. 1353. Persons imprisoned under title 6, ch. 20, part 1, B, 6., not entitled to discharge under insolvent act. 1353. Bonds for appearance to be signed and transmitted to court. 1354. How to be prosecuted on forfeiture j recovery, how to be paid and applied. 1355. By whom bonds for support of bastard to be prosecuted on breach. 1356. Proceedings thereon, what to be deemed breaches thereof. 1357. Proceedings for subsequent breaches; recovery, how _^, applied. 1358. Costs on recovery by defendant, how collected. 1369. Actions for expense of bastards, &c., may be brought, although there is a bond. 1360. Proceedings against father or mother of bastard ab- / sconding, &c. 1861. Poor mother and bastard, how to be supported. 1362. Mother and child not to be removed without her con- sent. 1863. Overseers to notify superintendents of cases of bastardy, when county chargeable. 1364. Duty of superintendents to provide for mother and child. 1365. Until tahen charge of by superintendents, to be sup* ported by overseers. 1866. Overseers of towns to support bastard and mother, whether chargeable or not. 1367. Moneys received byoverseers from parents of bastards, how applied, &c. 1868. Such moneys received on account of bastard, charge- able to county, to be paid over. : 1869. Disputes concerning settlement of bastard, how de- termined. j 1870, 1371, 1373. Proceedings when bastard is chargeable to I another town. 1373. Mode of ascertaining sum to be allowed for support of bastard, &c. 1374 When mother and child to be removed to county poor- house. 1875. Penalty on superintendents and overseers for neglect to support bastards, &c. 1376. Proceedings in bastardy cases in counties where dis- tinction between town and county poor sboUphed, by whom may be taken. BASTARDS, 405 Sbotion 1377. Saperinteildents autliorized to'compromise and arrang^a with putative fathers relative to support of bastard children. 1378. Powers "of cotamissioners of emigration relative to bastards. ' 1379. Commissioners of public charities and correction, their powers to compromise, &e., with putative fathers. 1880. Penalty on constable for neglecting to deliver over bonds, &c. 1381, 1383. Mothers, when and how may receive the money* received in compromise with putative fathers. 1383. Justice not liable for indorsing warrants. 1384. Provisions in case of death, absence, &c., of justices issuing warrant. 1385. Justices' fees in bastardy cases. >ara § 1309. Every child shall be deemed a bastard within wio the meaning of this title, who shall be begotten and isbSS*' born, 886. ■ 1. Ont of lawful matrimony. 2. While the husband of its mother continued absent out of this state for one whole year previous to such birth, separate from its mother, and leaving her during that time continuing and residing in this state. 3. During the separation of its mother from her hus- band, pursuant to a decree of any court of competent authority. § 1, title 6, ch. 20, part 1, K. S. (1 E. S. .642.) § 1310. The reputed father and the mother of every Howenp- \ bastard shall be liable for its support; in their default or ^'t^j^l | inability it shall be supported by the county or town in *'2™^''> ' j which it shall be born, as hereinafter provided. § 2, ' • same title. § 1311. If the mother of any bastard, or of any child Removal of likely to be born a bastard, shall be removed or clandes- "ibiud?"'^ tinely brought, or enticed to remove, into any county, ported"»ticr from any other county of this state for the purpose of removsi. avoiding the charge of such bastard or child upon the county or any town, fi'om which she shall have been so brought or enticed to remove, the same penalties shall be imposed on every person so bringing, removing or entic- ' ing such mother to remove, as are provided in the case of the clandestine or fraudulent removal of a pauper. Such mother, if unable to support herself shall be sup- ported during her confinement and recovery therefrom, and her child shall be supported, by the county superin- tendents of the poor of the county where she shall be, if no provision be made by the father of such child. § 3, same title. § 1312. Such mother and her child shalU in all respect s. Proceod- be. dee med pa ac^i-s ; and the same proceedings may be plif,'"*. hadTiy the county superintendents to charge the town or ofmotb com. ipnrt er 4D6. RELIEF OF THE POOR. and child, by town or connty from which they were re- moved. Duty of Baperln- tendenta and over- seers, 10 Johns. 93 f 25 Wend. I Proceed- ings of 3 tice to OS- certain father, 1 10 Johns. ' 93; 2-5 N.Y. -290; 4-2 Sarb. 224. Proceed- }n^8 af^alnst father out o^tne cotinty. Indorae- ment of warrant. Bond to be taken by justioe.io. dorelDg' mriaat, 13 Wepd. SSTf OTUnty from •which she was removed or enticed, for tho expense of supporting her and her child, as ai-e provided in the case of paupers fraudulently or clandestinely re- moved ; and an action majL^e maintained in the same manner for the said expense|_and for all expenses prop- erly incurred in securing thenfther of such child, or in seeking to compel its support by such father" or its mother. § 4, title 6, ch. 20, part 1, K. S. (1 E. S. 642.) ' § 1313. If any vroman shall be delivered of a "bastard child, which shall be chargeable or likely to become chargeable to any cou nty, cijty^ or tO\yrL| or shall be preg- nant of a ciliJd likelyTo be born aTlSastard, and to become chargeable to any_ county, city_oMo\yn; the superintend- ents of the poor of the county, or any of them, or the overseerfe of the poor of the town or city, or any of them, ■Whei-e such woman shall be, shall apply to some justice ; of the peace of the same countj' to make inquiry into the, facts and circumstances of the case. § 5, same title. § 13-14. Such justice shall, by examination of such woman on oath, and upon such other testimony as may be oifered, ascertain the father of such bastard, or of such child likely to be born a bastard; and shall thereupon issue his warrant directed to any constable of the county, commanding him forthwith to apprehend such reputed father, and to bring hira before such justice for the pur- bose of having an adjudication respecting the iiliation /of such bastard, or of such child likely to be born a \bastard. § 6, same title. § 1315. If the person charged as such reputed father shall be or reside in any other county of the state than ■ thafin which such warrant issue*, the justice issuing the same shall, in writing thereon, direct the sum in which any bond. shall be taken of the person so charged ; and it shall be the duty of the constable, or other proper officer having the same, to eai-ry it to some justice of the city or (•x>unty wherein such person resides or can be found. The justice to whom the same shall be presented, on proof being made to him of the handwriting of the justice who issued such warrant, shall indorse his name thereon, with tm autliority to arrest such person in the county where the justice so indorsing shall reside ; which shall be a suf- ficient authority to the person bringing such warrant, and to all others to whom it was originally directed, to. exiecute the same in the county where it was indorsed.. % 7, same title (1 R. S. 643). § 131 6. Upon the person so charged being apprehended, : he shall be carried before the justice who indorsed the said warrant, or some other justice of the same county, who may take from such person a bond to the people of BASTARDS. 407 this state, with good and sufficietit sureties, in the sum so i hui, s99 ; directed on the said warrant, witli condition to indemnify I coi^e^; the county, and town or city where the said bastard shall 593^™*- have been born, or where the .woman likely to have such bastard shall be, and every other county, town or city which may have incurred any expense, or may be put to any expense for the support of such child, or of its mother during her confinement and recovery therefrom, against all such expenses," and to pay the costs of apprehending such father, and of any order of filiation that may be made ; or such justice may take from the person so charged and apprehended a bond as, aforesaid, in the sum directed on the said warrant, with good and suflScient sureties, conditioned that such person will appear at the next court of sessions to be liolden in the county where such war- rant was originally issued, and not depart the said court without its . leave. § 8, iitle 6, ch. 20, part 1, E. S. (1 E. S. 643.) §1317. Upon a bond being so entered into, with either proceed- of the conditions aforesaid, the justice taking the same bJ,nd°^e™K shall disehai:ge the person so apprehended from the ar- executed, rest, and shall indorse upon the warrant a certificate to that effect. He shall deliver the warrant, with the bond so taken by him, to the constable who brought such war- rant, who shall deliver the same to the justice who granted the same, who shall proceed thereupon in the same man- ner as if such bond had been taken by him. § 9^ same title. • § 1318. If the person so charged and apprehended shall ib. upon not execute the bond so required, with one or other of eiicnte" the conditions aforesaid, to the satisfaction of the justice 4 cljw. sss. before whom he shall be brought, then the constable or other proper officer having such warrant shall take the person so apprehended before the justice who originally issued such warrant. § 10, same title. § 1319. Upon the person so charged with being the justice to father of such bastard, or of such child likely to be born Jnother%T a bastard, being brought* before the justice who issued |^^J^6g^i* the warrant for his apprehension, whether he was arrested in the same or in any other county, the said justice shall immediatelj' call to his aid any other justice of the same county ; and the said two, justices shall proceed, Proceed- ■\vithout unnecessary delay, to make exaniinatipn of the tSom.' matter, and shall again examine the mother of said bas- tard, or the woman so pregnant as aforesaid, on oath, in the presence of the person so charged or apprehended, touching the father of such child, and shall hear any proofs that may be offered in relation thereto ; and on tJie application of the person so charged, or of the persons 408 RELIEF OF THE POOR. appearinpf in behalf of the piibh'c, either of the said jns- tices sliall issue a subpoena to compel the attendance of ■witnesses before tliem which may be enforced, and the •witnesses may be compelled to appear and .testify, in the same manner as in any civil canse before a jnstice of the peace. § 11, title 6, ch. 20, part 1, E. S. (1 E. S. 644.) Adjourn- § 1320. If the Said justices shall not be prepared to proceedingB proceed, or tlie person charged shall require delay, and « Barb. give sufficient reasons therefor, they may adjourn such d. 80. examination for any time not exceeding six weeks, and shall take a bond with sureties, from such person for hia appearance at such time before them in the penalty here- inafter directed. § 12, same title. Proceed- §1321. The Said justices shall determine who is the dclermtoa- father of such bastfrd, or of such child likely to be born Janice's on ^ bastard, and shall proceed as follows: Wring. 1. If they determine that the person so charged and H. &D.3Tf; apprehended is not the father of such bastard or child, he i/wend.*^' shall be forthwitli dischai-ged. ^ 2. If they determine that he is such father, they shall make an order of filiation, in which they sliall specify the sum to be paid weekly, or otherwise, by such putative father, for the* support of such bastard, or of such child likely to be born a bastard. 3. If the mother of such child be in indigent circum- stances, they shall determine the sum to be paid by such f)utative father, for the sustenance of such mother during ler confinement and her recovery therefrom. • 4. They shall certify the reasonable costs of appre- hending and securing the said father, and of the order of filiation. 5. They shall reduce their proceedings to writing, and subscribe the same. § 13, same title. Costs to be §1322. Such person, so adjudged to be the reputed lo^il^"^ father, shall, upon notice of such order, immediately pay deputed *^^i^ amouut SO Certified for the costs of apprehending him, ftther, Md and of the order of filiation ; and shall enter into a bond entered to the peoplc of tlus state, in such sum as such justices j"Jhip^486; shall direct, with good and sufficient sureties to be ap- isid*2oi-' P'"0^^.6o. anee as herein provided ; and when committed to jail he shall be confined therein without being let to bail, and without being entitled to the liberties thereof. § 17, same title. § 1326. When any bond taken out of the county as afore- Proceea- said, by which the person charged shall be bound to appear if^ond""" at the next court of sessions, shall be returned to the justice fttT^tmty.' who issued the warrant, such justice shall in like manner J^g^*'"'- call in the aid of another justice of the peace of the same county ; and the said two justices shall proceed in man- ner aforesaid to examine and determine who is the father of such bastard, or of such child likely to be born a bas- tard ; and shall make an order of filiation, and prescribe the sum to be paid by such putative father, for the sup- port of such child, and for the sustenance of the mother as aforesaid ; and shall certify the reasonable costs of ap- , prehending the said father, and of the order of filiation. § IS, same title. » " Court of sesPionB " Is substituted throughout this chapter for " court of gen- eral cessions of the peace " and " court of general sessions." See Laws of 1847, ch. 280, { 44. 62 410- RELIEF OF THE POOR. Szamina- tion In sQCh case. Mother of bastard, how com- pelled to testily. 4 Wend. 656. Mother when com- pelled to support basted. Proceed- ings In case of reflisaL Amount ordered to be paid, may bo reduced or increased. § 1327. Such examination and order may be made in the absence of the person s« charged, nnless before the same be made he shall personally require of the justice issuing the warrant, that such examination be made in his presence; in which case reasonable notice of the time and place of such examination shall be given to the person so charged. He may appear and offer tes- timony in relation to the matters to be inquired into, and the same proceedings shall be had, as in the case of the person so charged • being brought before such justice, § 19, title 6, ch. 20, part 1, K. S. (1 E. S. 646.) § 1328. In making any examination hereby authorized, the justice or justices may compel the mother of a bas- tard so chargeable or likely to become chargeable, or a woman pregnant with a child likely to be born a bastard and to become so chargeable, to testify and disclose the name of the father of such bastard or child ; and in case of her refusal may, after the expiration of one month from the time of her delivery, if she shall be snfficiently recovered, commit her to the common jail of the county by a warrant under his hand or the hands of such jus- tices, in which the cause of commitment shall be dis- tinctly set forth, there to remain until she shall testify and disclose the name of such father. § 20, same title. § 1329. If the mother of a bastard child chargeable or likely to become chargeable as before declared be pos- sessed of any property in her own right, any two justices of the peace of the county where such mother may be, on the application of any county superintendent or over- seer of the poor, shall examine into the matters, and in their discretion make order for the keeping of such bas- tard by charging such mother with the payment of money weekly, or other sustentation for the support of such child as they shall think meet. § 21, same title. § 1330. If after the service of such order subscribed by the said justices upon such mother, she shall refuse or neglect to perform the same, she shall be committed to the common jail of tlie county, there to remain without bail until she comply with such order, nnless she shall execute a bond to the people of this state in such sum as the said justices shall direct, with good and sufficient sureties, to appear at the then next court of sessions in the said connty, and not to depart the said court without its leave. § 22, same title. § 1331. The justices who shall have made any order of filiation or maintenance against the father or mother of any bastard niay, from time to time, vary the amount therein directed to be paid by reducing the same as cir- dumstances may require ; and upon the application of any yf^ BASTARDS. ; 4X1^ county superintendent or overseer of the poor interested - tlierein, and after ten days' notice to be' given to the , party who may be aflfected thereby, the court of sessions of the county may increase the sum in and by such order directed to be paid for the support of any bastard ; and the said court, on the application of any person affected by such order, and after the same notice to the superin- tendents or overseers at whose instance it wae procured, may reduce the amount directed to be paid by any such . order. ^ § 23, title 6, ch. 20, part 1, R. S. (1 E. S. 64,6.) § 1332. Any person who shall think himself aggrieved Appeals by any order or determination of any two justices of the ,dU;?tion°of peace made pursuant to any authority hereby given may jg'vpona.. appeal therefrom to the next court of sessions to be J54;6 holden 'in the same county, excepting any person who^ *""' shall have executed a bond, to perform any order of filia- tion and settlement and to indemnify the public, who shall be concluded thereby, and shall not be permitted to appeal from any other part of such order than such as ; fixes the weekly or other allowance to be paid. When- iBond for ever a bond shall be entered into by a person charged as p^B^deem- the father of a bastai-d, or of a child likely to be born aHj*""''' bastard, or by the mother of a bastard, for his or her ap-j pearance at the next court of sessions, the same shall be ] deemed an appeal from the order of filiation or susten- ance, or both, as the case may be, and no further or other notice thereof shall be required. In other cases of ap- j^otice in peal notice shall be given to the justices making the or- other caeei. der and to the other party affected by such order, or to the superintendent or overseers at whose instance the same was obtained, at least ten days previously. § 24, same title. (1 R. S. 647.) § 1333. No justice of the peace who shall have assisted JasHces in any judgment or in making any order appealed from "e^r'notto* shall sit in the court of sessions upon the hearing of any ^^^^ "Py ' appeal made from such judgment or order. § 26, same title. § 1334. The justices who shall have taken or received Bonds, &e., any bond for the appearance of any party at the sessions sieTin- *' shall transmit the same to the clerk of the court before f^^^^ the opening thereof, togethep with the orders of main- tenance and sustenance which shall have been made, or true copies thereof signed by the justices making the same. § 26, same title. i § 1335. Subpoenas shall be issued by the clerk of tlve snbpoenas court in vacation as well as in term, and be delivered to Jg v^Mid*.'** any party to such appeal, requiring the same: and obe- si'*- dience to such subpoenas shall be enforced, and the wit- 412 RELIEF OF THE POOR. nesses summoned may be compelled to testify in the same manner as in criminal cases pending in such court. § 27, title 6, cli. 20, part 1, R. S. (1 E. S. 647.) Proceed. § 1336. The court to which such appeal may be made tageon sijall proceed to hear the allegations and.proofs of the re- appe»if spective parties, and the party in whose favor any order was made, which shall be the subject of appeal, shall be required to 'substantiate the same by evidence. If the j5 Barb. 286 mother of any bastard be dead or insane, the testimony I Wend.' given by her on her examination shall be received in the same manner as if she were present and testified to the same. ■ § 28, same title. Court may § 1337. The court may affirm or quash any order of quMh'or filiation or sustenance, or may reduce or increase the varyordera. sum directed by any such order to be paid for the sup- port of a bastard or for the sustenance of its mother ; but no such order shall be quashed for any defects in the form thereof, but the same shall be amended by the said court according to the facts and justice of the case. If at the ■When hear time of hearing such appeal the child sup posed likely to i^onrne^ be born a bastard shall not be born, the court may ad- journ such hearing from time to time, until such child be born, and shall take a recognizance from all parties bound to appear. § 29, same title. (1 R. S, 648.) ca.e"fether § 1338. If the woman so pregnant shall be married tobedis- before she be delivered of such cliild, of if she shall ujis- '** ■ carry so that such child shall not be born alive, or if it shall appear that she is not so pregnant, then the person charged as the father of such child shall be discharged from custody if imprisoned, or from his bond or recog- nizance, by the court of sessions of the county before whom such fact shall appear, or shall be immediately re- lieved . out of custody by warrant under the hands and seals of the justices by whom he was committed, upon such fact appearing to them. § 30, same title. On affirm. § 1339. If upon such hearing the court of sessions af- order'of firm the order of filiation, by which any person shall be fa'the?ft determined to be the father of a bastard, or a child likely giT« bond, to become a bastard, the said court shall require sucU person immediately to enter into a bond to the people of this state, in such sum as it shall prescribe, with good and sufficient sureties, conditioned that such person shall pay, weekly or otherwise, as shall have been directed by the order of filiation and sustenance, such sum for the support of such bastard or child, and for the sustenance of its mother during her confinement and recovery there- , from, as shall have been so ordered by two justices of the peace, or as the same shall have been or thereafter shall be modified by the court of sessions, and that he will fully BASTARDS. 413 and amply indemnify the county and town, or the county and city, where the said bastard shall have been born, or ■where the woman likely to h9,ve such bastard shall be, and every other county, town or city, which may have incurred any expense, or which may be put to any ex- pense, for the support of such child or its mother, during her confinement and recovery therefrom. § 31, title 6, ch. 20, part 1, K. S. (1 R. S. 647.) § 1340. If any person against whom such order shall be affirmed shall refuse or neglect to execute such bond, with such sureties, to the satisfaction of the said court, he shall be committed to the common jail of the county by an order of such court, there to remain until he shall execute such bond or be .discharged by the said court. § 32, same title. § 1341. If any person bound to appear at any court of sessions on the charge of being the father of a bastard, or of a child likely to be born a bastard, shall depart the said court without executing the bond it may require, or without being discharged by. the Said court from the bond executed by such person for his appearance, the said bond sliall be thereby deemed to be forfeited, and may be prosecuted as hereinafter directed. § 33, same title. § 1342. Where the mother of any bastard shall be bound to appear at any court of sessions, to answer on account of any order made against her for the support of such bastard, or shall be committed for neglect or re- fusal to enter into such bond, the court shall examine into the matter, compel the attendance of witnesses, and hear the allegations and proofs of the parties, in the same manner as hereinbefore directed in the case of an appeal. § 34, same title. § 1343. If the court shall be satisfied that such mother has property in her own right, so as to be able to support such bastard or contribute to its support, it shall confirm tlie order made for that purpose, and may, in its discre- tion, vary the amount ordered to be paid weekly or otherwise. If not so satisfied, the court shall discharge such woman from her bond, and, if in custody, from her impi'isonment. § 35, same title. § 1344. If the court affirm such order, it shall require the said mother to execute a bond, in such sum as it shall prescribe, with sufficient sureties, to the people of this state, conditioned that such mother will faithfuUj' com- ply with and obey the order for the support of such bas- tard, so made and affirmed as the same shall have been modified, or may thereafter be modified by the court of sessions. If she shall refuse or neglect to execute such bond she shall be committed by an order of the said Cotise- qnences of neglect. Bond for appearanca when for- feited. Proceed- IngB In ro- Bpect tu mother bonnd to appear, Ac Conrt may affirm, vary or dis- charge order. Proceed- ings ou a( firming order. 414 RELIEF OF THE POOR. cotirt to the common jail of the county, there to remaiB- until she shall execute such bond, or until she shall be discharged by the court. § 36, title 6, ch.*20, part 1, E. S. (1 E. S. 649.) coBtBon §1345. .The court shall award costs to the party in iJ^eka. whose favor any such appeal shall be determined, and to *^8. ' any party to whom notice of appeal shall be given and not prosecuted. When awarded against any county su- perintendents or overseers of the poor of any town not liable for the support of its own poor, the amount shall be paid by the county treasurer on the production of a certified copy of the order, and of the taxed bill of such costs, and shall be by him charged to the town which shall be bound to support such bastard, if any town in the same county be so liable, and if there be no town so '■ liable, then to be charged to the county. § 37, same title. Costa on § 1346. In other cases the payment of such costs may be enforced by rule and attachment of the same court, or by an action founded on the order for their payment. If the party against Vchom costs are awarded reside out of the jurisdiction of tiie court of sessions, an action may be brought on such order by the party entitled to such costs, in which the production of a certified copy of the order, and of a taxed bill of the costs shall be suflicient evidence. § 38, same title.(l E. S. 650.) When court § 1347. If the court of sessions quash any order of origioai or- filiation and maintenance, for any other reason than upon tion?'*"*' the merits and facts, such court shall proceed and make an original order of filiation, in the same manner as any two justices of the peace may, by law; or such court shall bind over the person charged to appear at the next sessions. § 39, same title. pOT^'hen § 1348. In case of any order being quashed for any oiler other reason than-on the merits, and the person charged Jaformau^! being bound over as aforesaid, the same proceedings may be had by the justices of the peace for the apprehension of the person charged as father of a bastard, or of a child likely to be born a bastard, and for the making of an or- der of filiation and maintenance, and for the commitment of such person in default of executing any bond required by law, as are herein authorized in the first instance. And the same proceedings shall be subsequently had in all re- spects. § 40, same title, men § 1349. Wiienever any person shall be committed to pri- mother im- SOU charged as the father of a bastard, or of a child likely Sn^°OT^' to ^® ^0^° ^ bastard, and whenever any mother of a bas- court. tard shall be so committed, for their default in not exe- cuting a bond to support such child, or to indemnify the. public, it shall be the duty of the court of sessions of tha BASTARDS. 415 eonnty to inquire from time to time into the circnmstan- ces and ability of such father or mother to support sneh bastard, or to procure sureties to be bound with either of them, § 41, title 6, ch. 20, part 1, R. S. (1 E. S. 650.) § 1350. If the court shall at. any time be satisfied that, when to b» such father or mother is wholly unable to support such ^ "*'**■ child, .or to contribute to its support, or to procure sure- ties to be bound with either of them, the said court may, in its discretion, order such father or mother to be dis- charged from such imprisonment. § 42, same title. §1351. Before any order for such discharge shall be ceruinno- entei'ed, the court shall be satisfied that reasonable notice. "j"ha°re" has been given to the overseers of the poor, or the county *<> *>'« swen. superintende^jts, at whose instance such father or mother may have been committed, of the intention to apply for such discharge, and shall hear the allegations and proofs of the said superintendents or overseers, and may examine such father or mother on oath, in relation to their circuift- sfances. § 43, same title. § 1352. Whenever a father or mother shall be lawfully . i r. a. esi. committed for the causes in the last section specified, or J^ta'a"' either of them, he or she shall not be discharged from nottoappi/ imprisonment under or by virtue of any insolvent act, or imprisoned other act for the relief or discharge of imprisoned debtors, ^^f" ""'• or iu any other way, until discharged by the court of ses- sions of the county. § 44, same title. (1 E. S. 651.) § 1353. The bonds taken by any justice or justices of Bonds for the peace, for. the appearance of any person charged as to'^eli^ the father of a bastard, or of a child likely to be born a transmittea bastard, or for the appearance of any mother of a bastard to court, child, at any court of sessions, shall be signed by the per- sons binding themselves as principal and sureties; and shall be ti;ansmitted by the justice taking the same, or receiving the same from any constable as herein provided, to the said court, at the opening of the next term thereof. § 45, same title. § 1354. If any default shall be made, by which such How to ba bond shall become forfeited, the court shall cause the ^™.ecut8a, same to be prosecuted by the district attorney of the county, and the penalty thereof shall be recovjered, and, when collected, shall be paid to the county treasurer, to, be by him credited to the town liable for the support of the bastard, if there be any such town in the county, and if there be lione, then to be credited to the county. § 46, same title. § 1355. Whenever a bond shall be taken to perform Prosecn- any order that may be made in relation to the support "onds'to of any bastard, or of any child likely to be born a has- 3g,°Jfj t^rd, or for the sustenance of its mother, and any breach ^ 4 sand.** 416 RELIEF OF THE POOR. Proceed- ings there- on; what to bo deemed a broach. 8 Wend. B^; 4 Sand. 4li6; H Wend B20. 1 K. S. 662. Sn1)seqaent breaches ; application of recovery. 4 Sand. 466. Costs on judgment for defend- ant; how collected. Oiring of bond not to prevent ac- tions for ex- pense of bastards. sliall liappen in the condition thereof, the same may be prosecuted in the name of the people of this state, by tlie county superintendents of the county, or the overseers of the poor of the town, which was liable for the support of such bastard or child, or which may have incurred any expense in the support of such bastard or child, or in the sustenance of its mother during her confinement and recovery therefrom. § 47, title 6, ch. 20, part 1, R. S. (1 E. S. 651.) § 1356. In such action the breaches of the condition shall be assigned as in actions brought on bonds with con- dition other than for the payment of money, and the same proceedings shall be had in all respects. It shall not be necessary to prove the actual payment of money by any county superintendent, overseer of the poor, or other person, but the neglect to pay any sum whicli shall have lieen ordered to be paid by any competent authority, for the support of the child, or the sustenance of its mother, shall be deemed a breach of the condition of sucli bond, and the amount of damages to be assessed in such case shall be the sum which was so ordered to be paid, and which was withheld up to the time of the commence- ment of such suit, with interest thereon. § 48, same title. § 1357. For any breaches of the condition of such bond which shall happen after the recovery of any damages, or the commencement of any suit, a scire facias may be issued, and the same proceedings had as in actions brought on bonds with conditions other than for the payment of money. All moneys which shall be collected upon any such bond shall be paid to the county treasurer, and by him credited to the town liable for the support of sucli bastard, if there be any such town in the county, and if there be none, then to be credited to the county. § 49, same title.(l E. S. 652.) § 1358. If in any such suit upon a bond, in the name of the people, the same shall be discontinued, or non- prossed, or judgment shall pass for the defendant on ver- dict, demurrer or otherwise, the relators, and their suc- cessors in office, shall be liable to pay such costs as the court shall award ; which payment may be enforced by rule and attachment of the court, and shall be re-imbursed by the county treasurer, and be by him charged to the town liable for the support of such bastard, it there be any such town in the same county, and if there be none, to the county. § 50, same title. § 1359. An action may be maintained by the county superintendents of the county, or by the overseers of the poor of the tow;n, which may be liable for the support of any bastard, or child likely to be born a bastard, or which o BASTARDS. 417 may I have incurred anyecspense, or be liable to any ex- AcactioM pense, in the support of such child, or the sustenance of brought its mother; upon any order that may be made by any two JfStore,4c. justices of the peace, or -by a' court of sessiona, for th^ payment of a sura weekly, or otherwise, for such support or sustenance, notwithstanding a bond may have been - executed to comply with such order, and to indemnify any such county or town ; and, in case of the deatli of the person against whdm such ordet was made, an action may also Tse maintained on such order against his execu- tors or administrators.' But when a bond- is 'Entered into to appear at the next sessions, no action shall be brought on any such order, until the same shall have been affirmed by the said sessions. § 51, title 6, ck 20, pa!rt 1, R. S. (IR.'S. 652.) - ' , §1360. If the putative fatheror mother of My bastard, ^"gpflfji,,, or of any child likely to be born aibastard and to become rafter or chargeable^ shall run away from Wie place of their ordi- ba°sta?a.°' nary riesidencb, leaving such bastard' or child chargeable, fn^'^)?' or likely to become chargeable, to the public, the overseers of the poor of the town,, or the superintendents of the poor of the county. Whwe any such 'bastard shall be bom or be likely to be born, may apply to any two justices of : the peace of the county where any estate, real or per- sonal^ Of the putative father or mother of such bastard shall be, for authority io seize and take such real and per- sonal estEite. Upon due proof being inade to the satis- ' faction of such justices of the said facts, they shall issue their wan-ant in , the same manner as is provided in the firet title of this chapter in relation' to parents absconding and leaving their children chargeable ; and the same pro- ceedings, in all respects,' shall be had thereon, and thfe overseers and superintendents shall account to the sessions, in the manner therein provided. § 62, title 6, ch.20, part „ ' 1, R. S. (1R.S. 652.) § 13^1. The mother of every bastard who shall be unable Moiiher and to support herself during her bonfiaement and recovery JSwtd U j therefrom, and every bastard, aftferi it is born, shall be «ut>poited.f supported as other paupers are required to be supported by law, at' the expense of the town where such bastard shall be born, if J«iejnoJh.^Jil,ave a legal settlement |ji such town and it be re cpiired' to support its own poor; if thelnother~have a settlement in any town df tne same county which is required to support its own poor, then at the expense of such town ; in all nthsr cases they shall be supported, at the expense b?/thecountv where such bas- tard shall be born. § 53, same title. (1 R. S. 653.) §1362, Such mother' and her child,8halLjiaL.be. re- JJ<'^'J<«? *""* moved^ from any_teMrn to any ^otheiLjtowa in the same retadvea county, nor frdm one county to any 'other county in any wnseSt. '*" "m" ' '-^-dJ 418 RELIEP OF THE POOR. I case whatever, unlgsa voluntarily taken^to the cojuliy or 1 town liable for their suppoffc by tEeTcOTntj' superintend- ! ents of snch fcounty, or the overseers of the poor of such ' town. '§'54, title 6, ch. 20, parti, R. S. (1 K S. 653.) When 0Terj^:s::^13fi3. The overseers of the poor of any town where a tffrra^e?-"/ woman shall be pregnant of a child likely to be born a of eMeB°of' bastard, or where a bastard shall be bomj which child or bastordr- bastarcLjhall hs chargeable, Or likely to become chare*- c r i able, to the county shall,' immediately, on receiving m- formation of such fact, give notice thereof to the county superintendents or one of them. § 55, same title. 8iip«rin- § 1364, The county superintiendents shall provide for rapport^ ^ the support of such, bastard and its mother in the same SSid."'"* manner as for the poor of such cduntyi. § 56, same title. Until they § 1365. Until the county superintendents take charge ofoTOraows ^^ a^^ provide for the support of such bastard and ite mother so chargeable to the county, the overseers of the poor of the town shall maintain and provide for them ; and for that purpose the same proceedings shall be had as for the support of a paliper chargeable to the county who cannot be conveniently removed to the county pool^ house. § 57, title 6, ch. 20, part I, E. S. (1 E, S. 653.) uotherand § 1366. Where a woman shall be pregnant of a child bempport- likely to be born a bastard, or to become chargeable to a ed^byoTer- town, or whcre a bastard shall be born chargeable, or whotkcr likely to become chargeable, to a town, the overseers of totowSo? the poor of the town where such bastard shall be born, or be likely to be born, whetheit the mother have a legal set- tlement therein or not, shall provide for the support of such child, and the sustenance of its mother during her confinement and recovery therefrom, injifi,_same_manner as they are authorized by law to provide for a nd s upport the poor of their town. § 58, same title. ny>- § 13677 "Where any money shall be paid to any over- parents of sccrs, pursuant to the order of any two justices, by any hol^to\>e putative father, or by the mother of any bastard, the said overseers may expend the same directly in the sup- not. eeived how to tecoimted port of such child, and the sustenance- of its mother as for. aforesaid, without paying the same into the county treas- ury. They shall Annually account, on oath, to the board of town auditors, at the s^me time that other town oifi- cers are required to account, for expenditures of all moneys so received by them, and shall pay over the balance in their hands to their successors' in oflice, at the same time, and under the like penalties, as are provided by la^ in respect to the poor moneys in their hands. § 59, same title.(l E. S. 654.) rewiTed on § 1368. All mouevB which shall be ordered to be paid bSSra "' V *^® putative father, or by the mother of a bastard chareeBide chargeable to any coonty, shall be o°ee*'^* mother is in another town of the same cbiinty, which is re- qiured by law to support its own poor; the overseers of tiie poor of th&town ■where such bastard shall be born, or be liliely to be born, Srhall giv"e the like nbti'ce to.the over- seers of the town where the ' mother's' settlement niajr be, as is required in the case of a person becoming a pauper, under the like circumstances ; and the' same proceedings shall be had in all respectSj to determine thelJability of such town,i as in the ease of paupers. § 62, sarno title. § 1371. The overseers of theto*^ri to which ithe. mother h. of such bastard belongs may, before the confinement of such mother, or at any time' after the expiration , of two months after her del'iveryj'if her situation will permit itj take and support such mother and: her child. § 63, same title. "'' ' . § 1372. If they omit to do so, and fail to obtain the li determination of the county superintendents in their favor on the queBtion' of settlement, the 'itoVb' io which the mother belongs shall be liable to pay all the expenses of the support of such bastafd, and of its moihen during her confinement and recovery therefrom' 5 which expenses, after 'being allowed hy the county superintendents, shall be assessed, together with the lawful int^est on the moneys expended, on the town to whi,cji such jtjother tjslijpgs, and shall be collected in the same mariner as provided for poor pei-sbns euppotted uflder the same cir- cumstances ; and the moneys so collected shall be paid to 420 RELIEF OF THE POOR. Order of intice to fix Rom to be expend- ed for bas- tards, Ac, in certain cases. Wlien bas- tard and mother to be removed to county poor-hoDse. How snp- ported tkere. Penalty on ■nperin- tendenta and OTer- seers for neglect. Proceed- ings In eonnties where dis- tinctions between town and conn ty poor abolished. IT J. B. 41. the county treasurer, for the benefit and to be credited to the town which incurred the said expenses. § 64, title 6, ch. 20, part 1, R S. (1 K. S. 654.) § 1373. In those cases where any town is required to support a bastard and its mother, whether the mother have a settlement in ^uch town or nbt, and no moneys shall be received from the putative father, or from the mother, to defray the expense of such support, the over- seers of the poor shall apply to a justice of the peacojand obtain an order iot the support or such bastard, and the sustenance of its mother during her confinement and recovery therefrom, and the sum tO be allowed therefor, in the same manner as is required in the case of paupers ; and the moneys paid or contracted to be paia, by the overseer, pursuant to such order, shall be paid by the county trea&urer, in the same manner as for paupers', and be charged to the town to whose ofBcers such payment shall be made. § 65, same title. (1 E. S. 655.) § 1374. If there be a county poor-house, or other place provided for the reception of the poor, in any county where the towns are required to support their own poor, the overseers of the poor of a town where a bastard shall be born, or shall be likely to be born, may, with the ap- probation of the county superintendents, or any twoi of them, and when the situation of the mother will allow it, remove the mother of such bastard, with her child, to such poor-house or other place, in the same manner as paupers may be removed ; the expense of which shall be defrayed in the like manner, and such mother and her child shall be considered as poor of the town so liable for their support, and the expense shall in like man- ner be estimated and :paid. § 66, title. § 1375. Any superintendents of county poor, and any overseer of the poor of any town, whose duty it shall be to provide for the support of any bastard and the suste- nance of its mother, who shall neglect to perform such duty, shall be deemed guilty :of a misdemeanor ; and shall, on conviction, be liable to a fine not exceeding two hun- dred and fifty dollars, or to imprisonment, not exceeding one year, or to both., § 67, same title. § 1376. In those counties where the distinction between town poor &nd county poor has been abolished, and in those counties which are by law liable tQ the support of the poor thereof, or of the poor of the towns of such county, the same proceedings may be had, and with the like effect, against the father and mother of any bastard child already bom in any such county, or hereafter born BASTARDS. 421 therein, or of any child likely to be born a bastard, 'as if siich ba^t^rd was phargeable or likely to beieoiiie charge- able to any town, and such proceedings may be instituted by the ioverseisrs' of the poor of the town' where such bas- tard shall b6 bom or belikely to be bom^ or by the county '" 8uperintendents> of the poor of such county. §' 1, chi 6, 1828. § 1377. Superintendents of the poor in any county in comiirom. this state shall' haT^i power to make such cotnprbtiiise and pnJtJ* arrangelnents with the pu,tative fathers of any bastard '^t**'-^ children within their jurisdiction, relative to the Support 620. of such childrpny as theyi shall deem equitable and 'just; and thereupon to dischai^c such putative father from all ' liability for the suppdrt of such bastards. § S, ch. 26, 1832. § 1378. The commissioners of emigration, or any one ' Powers of 01* more of them, shalli have and' exercise the same pow- sfOTral'of ers and authority in relatidh to poor chiMren, and in tela- ™*^»*^n tion to childreii born or likely to be bom bastards (where bastords, thei mothers of such children born, or likely tb'be born, *"" bastards are chargeable to, or receivings or entitled to re- ceive, support or aid from said commissioners) as arie now ' by law conferred upon commissioners of public 'bhari ties fflttd correction, or were heretofore conferred upon or pos- sessed by the governors oir' commisKtoners of 'the alms- house of the city of If ew York, or the commissioners of the almshouse! and Bridewell of the city of New York. § 1, ch. 382, 1866. ' , • § 1379. [The commissioners' of public charities and Comprom- cbrredtion]' of the city of New York*" maty riiake suCh pntau*^ compromise and arrangements with the ptrt^tive fathers NewToA. of ! bastard children 'in' the said city, 'relative to the sup- 8Hin,n«.' • port of such children, as they shall deem equitable and ' just, and thereupon may discharge such ■putative fathei from all liability for thie support of such bastards. § 68^ title 6, ch, 20, part 1, K. S. (1 K. S. 655), as modified by §; 5, ch. 510, I860,, and by §8, art. 9, ch. 13t, 18^0. i § 1380. Every constable or other oflScer, to whom any Peniatyon bond of the putative father of a bastard, or of a child Mgfecttng likely to be born a bastard, taken out of the coilhty where J^fr"ond» the warrant was issued, shall be delivered as hereinbe- ^g^^™* ""^ fore directed^ who shall neglect or refuse to deliver the asVifgi^. same to the justice who issued such warrant within fif-'sS^jW teen' days after the receipt of the same, shall forfeit the sum of twenty-five dollars, to be sued for aiid' recovered by and in the name of any 'overseers 'of the poor, or • The words " The Commissioners of the Almshonse and Bridewell " of the original section omitted, and the words within the brackets Inserted so as to mat:e said section conform to the modifications made thereof by % 8, art. 9, ch. m, isro, and by $ 5, ch. 610, 1860 ; see ante, $S 66S, 666 and 668. k Also the words " or any two of them" of said original section are omitted, so as to make the said section conform to the aforeaaid modifications. 422 RELIEF OP THE POOR. Mothers to receiTC money in certain ca^ee. 3 Hill, 116. Or a weekly allowance. Jastice Indorsing warrant under this title, not liable. Proceed- ines in case ofdeath, &c.. of jns- lice issuing warrant. Fees QJTjiiB- ticealu^s- tardy cases. county Buperintendraitsi at whose instance the said war- rant \tas issued. § 69;: title 6, ch. 20, part 1, R. S. (1 R S. 656.) : ' - § 1381. Whenever a compromise' shall be made with the putative father of a bastard child, pursuant to sections sixty-eight and sixty^nine of title six of chapter twenty of the first part of the revised statutes, the mother of such child, on giving security for the support of the child, and to indemnify thecity and county, or thetown and county, from the mainteliance of the child, to the satis&ction of the officers making the compromise, shall be ejititled, to receive the mon«y6 paid or secured by such putatit* father as the consideratii«s>n of such compro- mise.., '§ l,,Qh. 202, 1838. , § 1382. When the mother of^ufah^child shair be unable to give such security^ but shall bd able and willing to nurse and take care of the childy she shall be paid the same weekly allowance for nursing'and taking care of the child, out of the moneys paid by thfe father on such com- pj:oniise, as he shall have been liable to pay by the order of filiation ; such weekly sum to be paid the mother, nlay he prescribed, regulated or reduced as in the case of an ordeir of filiation. § 2, same ch. § 1383. ISf). justice of thfe peace shall be liable to any information, indictment, action of trespass or other action, by reason of his having indorsed any warraht; issued fbr the apprehension of the putative &ther of a bastard, or of a child likely. to be born a bastard, although it should after^vard appear that such warrant was illegally or im- properly issued. §70, title 6, ch. 20, part 1, R. S. (1 R. S. 656.) ' ! . § 1384. If any justice, who shall have issued any war- rant for the apprdiension of the father of a bafetard, or of a child likely to be boirn a bastard, shall have died, vacated hi? office, or be absent on the return of such war- rant, the constable who may apprehend such father shall carry, him before some other justice of the same tdwn, who shall have the same authority to proceed therein as the justice who issued such warrant., § 71, same title. § 1385;. Whenever any justice of the peafee shall be associated with any other justice of the peace in the trial or examination of any criminal cause, or in cases of bas- tardy, the compensation of such justice of the peace so associated shall be two dollars for each day actually and necessarily devoted to such service. § 1, ch. 373, 1862. BINDING OUT OF CHILDREN. 423 CHAP. LXVI. APPEENTIGES AND SERVANTS BOUND BY IN- DENTURES.* Section 1386. How minors may bind themselves as appientices. 1387. Consent to such binding, hj whom to be.giyen. 1388. Consentj how signifieil. 1389. Executors may bind pat minors. 1390. Superintenidents of the poor, wh^ m^y bind oat chil- dren. ■ i . ■ J 1 1391. Overseers of poor, wliat children may be botmd out by. 1392. Indian children, consent of a justice necessary to bind. ing out of. ' 1893. Age of infants to be inserted in indentures. 1394. Moiney paid on binding out, to be stated in indentures 1395. Special agreement to be inserted in indentnres by , overseers. , 1396. Duplicates of inldentaree by overseers and superintend ents, to be deposited. , 4397. Indentures by foreigners being minors. 1398. How to be acknowledged and certified. 1399. How such indentures may be assigned. 1400. Indentures, etc.^ invalid, unless made as herein pre- scribed. 1401. County superintendents and overseers, to be g^faiiaae of servants. 1402. Penalty on apprentices, etc., absenting themselves from service. ■ ■ ! ^ 1403. Proceedings' to compel apprentices, etc., to serve. 1404. For misbehavior, may be brought before two justices, etc. 1405. Justices, etc., to imprison offender, or discharge him from service. 1406. Apprentices, etc., how may be discharged for miscon- duct of masters. 1407. I/ast five sections not to extend to certain apprentices, 1408. 1409, 1410. Proceedings for misconduct of master, when money was paid, etc., on binding out. 1411, 1412. Proceedings in like cases, for misbehavior of ap- prentice, etc. 1413. Journeymen and apprentices not to be restrained in using their trade, etc. 1414. Penalties for violating last section. 1415. Certain indentures may be assigned by executors, with consent of apprentice. 1416. If consent refused, general sessions may order assign- ment. 1417. This title to apply to females as well as to males. • For Oeneral Laws relating to the binding out of eUldron by orphan aaylnnu ! or societies, see ante, Bectiona 17^181: snofforBpecial laws relating to the same •nbject, applicable to particular societies or corporations, see ante, ■■ Conntles." 424 RELIEF OP THE POOR. Who may bind them- selves as appren- tices, &e For what terms. Who to con- sent to snch binding. 9 Barb. 313: 5 Cow. 629; MJohns.STS Oonsentto be in writ- ine. Ik. i How. 679 ; 5 Cow. 170. Wlien exec- utors may bind out minora. When coun- ty superin- tendents may bind out Inibnts. S How. 89 ; 18 J. E. 870. § 1386. Every male infant, and every unmarried female under the age of eighteen years, with the consent of the persons or officers hereinafter, mentioned, may, of his or hiir^ovni free will, hind himself of' 'herself, in writitig', to serve as clerk, apprentice or servant in any profession, trade or employment; if a male, until the age of twenty- one yealrs, attd if a female, until the age of eighteen years, 01- for any shorter time ; and such binaihg shall be as Valid and eflectual as if such infant was of full a,ge at the time of making such engagement.* § 1, art. 1, title 4, ch. 8, part2, E. S. (2 K. S. 154.) § 1387. Such consent shall be given, 1. By the father of tlie infant [if the mother be dead ; if the mother be not dead, then by sucTi father and mother.] If he [the father] be dead> or be .not in a legal capacity to give his consent, or if he shall have abandoned and neglected to provide for his family, and such fact be certified by a jus- tice of the peace of the town, and indorsed on the inden- ture j then, 2. By the mother, if the mother be dead, or be not in a legal capacity to give such consent, or. refuse, then, 3. By the guardian of such infant duly appointed. If such infant have iio parent living, or none in a legal capacity to give consent, and there be no gnardian, then, i. By th6 overseers of the pool*; or any two justices of the peace of the town, or any judge of the county courts of the coilnty where such infant shall reside. § 2, saine art., as modified by § 6, ch. 172, 1862. • , § 1388. Snch consent shall be signified in writing by the person entitled to give the same, by a certificate at the end of, or indorsed upon, the indentures, and not other- wise. § 3, same art. § 1389J The execlitors of any last will of a father, who shall be directed, in such will to bring up'his chijf^to some trade or calling, may bind such child to service, as a clerk or apprentice,, ui like manner as the father might have done if living [but if the mother be living she, must, in writing, have signified her assent to such binding.] § 4, same art., 6s modified by § 6, ch. l72, 1862.' ' ' ' § 1390. The county superintendents of the poor, in the several counties niay bitd out any child,' nnder ' the ages above specified, who shall, be sent to any county poor- house, or who is or shall become chargeable, or whose p/airent or parents are or shall become chargeable, to such county, to. be clerks, apprentices or servants, until such child, if a male,. shall be twenty-one years old, or, if a femal^ shall be eighteen years otd ; which binding shall be as efiectual as if such child had bound himself with the consent of his father. § 5, same art. •S5B. 807: 18B. 886: IS B. 478 ; 9 B. 813 ; 7 B. IBS; SB. 808; 10 J. B. US; 14 J. B. 874; 8 J. 6.838; 6 J. K. 274 ; 5 Cow. 368, 687 ; aBarb.SOS. BINDIiNCt OUT OF CHILDREN. 425 § 1391. The' ©veraeer of 'the poor of' atiy town ot city, Whenover- mayj ini like!manner,biiid out ahy^sttch' child, "who, or poor."' whose parent or parents^ &h:all become cihargeable to sueh■*°°''•**■ town or city, or who shall have be/en' Sent to-any'pobr- housejDther than a icouAtj^ poor-house,- with ^e consent in writing! of any two justices of the' town,' or of 'the' mayor, recorder and aldermen of' any city, or of any two of them. § 6, art. 1, title 4, ch. 8, part 2, R: S. (2 B. Si 155.) §•1892; 'No dhild df an Indian woman shall b4 bofl'nd ^f,*^^„ as an appyfenticd under the provisions' of this title, esscept in the presence a4d; With' the consfent of a justice "of the' peace ; a cei'tifieate of which consent, signed t)y the 'jus- tide,* ehair be filed' with 'th& clerk' of ithe town in -WMeh the indentareof apprenticeship shall be exectited. § 7, same art. ' , 1 1398. Tke ag^ of ev^rjr iufaht sfa bouiid shall be in- ' *^l°f^ ^^ serted' in the iridfentai'es, arid shall be takin to be the trlie -be inserted age, without further proof thereof ;'atod whenevef any tSree**"' public officers are ianthori^fed to execute any indenttires, ' or their consent is required to the vali(iity of thfe same^ it shall be their duty to inform thtemBelVes ' fiilly of the infant's agei' 1 8, same art. " i ■ • ' '' • § 1394. Every sum of money paid or agreed for, 'with, ^""tJIJ'''' or in relation^ to, thti "binding o'llt' of 'any clerk or Japp'reh- inserted, tice, shall be* inserted in the indentures. "§ 9, same art. § 1395. Whenever any child shall be bound out by the special county superintendents of the poor of atiy county, br by ■tfbeui*'" the overseers of the poor of aflycity or town, the inden- '^iJ{|J,™ tures shall contain an agreement on the part of ;the per- casee. son t6 whom such child shall be bottnd; that he will cause such child to be instructed to read and write, and, if a male, will cause him to be instructed in the general rules of arithmetic ; and every such indenture shall also con tain an agreement that the master will give to such ap- prentice, at the expiration of his or her sei-vice, a new bible. § 10, same art. ' ' §1896. The cotinterpart of any indentures executed certatoin- by the county stfiidriritenderit^ of the podr, shall be by where to'be them'aei)osited' in the'bffice of the clerk bf the county ;■««»""'**• and the counterpart of such indentures executed by any ' overseers of the poor, shall be by them deposited in the office of the clerk of their city or town. § 11, same art. § 1397. Any persbn coming from an;y' foreign dountry J,°^^^"?! ' sa. may, bind himfeelf to service, if an infant, efnbeisB, , beyond sea, — _, , , , . until he attain the age of twenty-one years, or for A. Sam shorter term. Such dontradt df service, {f made for the* purpose of raising money to pay his passage, or for the paymeiit lof, Rticfi ^passa^e, may be 'for the term of one 54 4S6 RELIEF OP THE POOR. To be ac- knowl- edged, &c. 'b.a04. edged, 10 Bui Bow UBigned. iDdon tores, when in- valid. 9 Barb. 313 ; SJohns.SSS. Connty sn- perintend- ents and overBeerato begnard- iana of serranta. Their dutiee as •nch. Penalty on apprenti- ces. &c., absenting themselves fl:om ser- vice. Apprenti- ces, Ac, howcomr pelled to serve. 18 J. B. 870. year, although such term may extend beyond the time when such person will be of fdll age ; but it shall in no case be for a longer term. § 12, art. 1, title 4, ch. 8, part 2,.B. S, (2 E. S. 155.) §1398. No contract made under the last section. shall! bind the servant, unless it be iaclsnowledged by him before some mayor, recorder, or alderman of a city, or before some justice of the peace; nor, unless a certificate of such, acknowledgment, and that the same was made freely,, on a private examination, be indorsed upon such, contract. § 13, same artM, (2 B. S. 156.): § 1399. The contracts specified in the two last sections ma^y ; be , fiesigned by the master, by an instnlment in . writing jindorsed thereon, executed in the presence of two witnesses ; if such assignment be approved of, in writing^: by any magistrate mentioned in im preceding section, and such approbation shall be also indorsed on the contract. § 14, same art.' § 1400. No indenture or contract for the service of any apprentice shall be valid as against the person whose services may be claimed, unless made in the manner before prescribed in this title. § 26, art. 3, title 4, ch. 8, part 2, E. S. (2E.S. 158.) ^ § 1401. The counfyi superintendents of the poor, and the overseers of the . poor of the respective cities or towns, shall be the guardians of every person bound or held in service, in their respective cities or towns, to take care that the terms of the contract of service be fulfilled, and that such person be properly uspd ; and it is hereby .made their especial duty to inquire into the treatment of every such person, and redress any grievance in the manner prescribed by law. § 27, same art. § 1402. If any person lawfully bound to service under eilJier of tl^e preceding articles of this, title* shall will- fully absent himself from such service without the leave, of his master, he shall be compelled to serve double the time of such absei;ice, unless he shall otherwise make satisfaction for the loss and injury sustained by Such absence ; biiit such additional term of service shall not extend beyond three years next after the end. of the original term of service. § 28, same art. § 1403. If any Bach, person shall refuse to serve accord- ing to the provisions of this title, or the terms of bis contract or indentures, his master may apply to any justice of the peace of the county, or to the mayor, recorder, or any alderman of the city, where he shall • The provisions of article second of title 4, ebapter 8, part S, R. S., wUeb article is entitled "Of persons held in serriM," have become obsolete, and therefore said article is omitted. BINDING OUT OF CHlLDRlClir. 427' reside, who ^halibe authorized, by wari-ant of otherwise, to send for the person so refusing, and if Such reftisal be Eersisted in, to ootnmit such person, by warrant, to the rideweir, hous^ of correction, or common jail of the dity or county,'there to remain until such person will consent to serve according to law. § 29, art. 3, title 4, ch. 8, part ' 2, R. S. (2 R. S. 159:> > - :■ ^ i' ' "■■■'' ^ § 1404. On complaint being'riiade on oath; by any • troceea- master, touching any misdemeanor or ill behavior of' any Igfinetfor such person, to any twdt' justice^ bf the peace of 'the County, ^|{|,e- or to the mayor, recorder, arid aldei-man of any city, or any ^ two of them; it shall be tteir duty to cause the p^son Complained of, to be brought before themj and to. hear, examine and determine the complaitit* § 30, same aft > i-, >; • ■ - ' ' i ; ■ :'; § 1405. If the cdmplaint appilar to be well f6uhd6d,^^«°^fj„. tljesaid ofiicters miay,' by warrant, commit the oiTeJideJ' to SF*'^'^ 5' ' thfe house 'of correction, or to the; common jail of the from sef^ county, for any term not exceeding one month, there to ''"* be employed in hard labor, and to, be confined in a room with no other person ; or they may, by a certificate under their h^nds^ discharge the offender from his service, and the master from I all obligations [to ishch' ojffender. § 31, same art. ■ ■■ .7 ' § 1406. If any master shalL be guilty of airiy cruelty, Miscondnet misusaige, refusal of necessary provisions or clothing, or Jp^lntif' any other violation of the provisions of thib title,. or of . ^g^*e"die. the terms pf the indenture or contract, toward any such ei^igea. person so bound i to service, subh' person may mate com- plaiiit to any two of the officers specified in the preceding thirtieth Becticm, who shall summ'on the parties before them, and ; examine into, hear and determine the com- plSiint, and I by Certificate under their hands, discharge such person from his obligation of serjrice. § 32, same art. § MO^fi Thepreceding five 'Sections shall not extend to Quaiiflca-' "", any apprentice whose master or mistress shall have Te- recognizance fi-onii' the person ' boimd to service, for his appearancia at the neit court of sessions. § 37, same art. ^ 1412. The court may, in like manner, discharge sUch person from service, and order the refunding of any money so paid, or agreed to be paid, and the canceling of any such securities ; and may punish such person by fine or imprisonment, or both, as for a misdemeanor. § 38, same art. " § 1413. No person shall accept from any journeyman or apprentice, any contract or agreement^: or ciause him to be bound by oaith or othdrwise, that, after his term of service expired, such journeyman or apprentiCeishalljUot set up his trade, profession or employment: iii any par- ticular place, shop, house or cellar; nor shall any person exact from any journeyman or apprentice, after his term of service expired, any money or other thingj for using and exercising his trade, profession or employment, in any place. . § 39, same art. n' ' § 1414. Every security given contrary to the provieions contained in the last section, shall be void; any money paid, or valnabje thing delivered, for the consideration, in part or in wholcj of any such agreement or exaction, msir be recovered back by the person paying the same, with interest; and every person accepting such agreement, causing such obligation to be entered into, or exacting ■ Conrt of general sessions of the peace " in the original section. PENALTIES AND FORFEITURES. 429 money or other thing as aforesaid, shall forfeit one hnn- di^ed dollars, to the apprentice or journeyman ftotn whom the same shall have been received. § 40, art. 3, title 4, ch. 8, part a, R. S; (2 R. S. 160.) - ■ § 1415. Upon the death of any master,' to whom any ^y'Js.'-^n person may haVetJeeh bound to service, as Cldrk, appren- {^J^^^JJ,, tice, or otherwise, by the county superintendents of the with con- poor, or by the overseers of the poor, the executors or '™*' *"'' administrators of such master may, with the consent of the person bound to service, signified in vrriting, and acknp.>dedg^d before a jusljice of the peace, assign the contract of such. service tp any other pers9p,^hich assignment shall vest in such assignee all the rights of tbei>originaJ; master, and render him subj«;t to all his obligations. § 41, same art. ' § 1416. If the person so bound to service refuse to give ^oJJt'of*'' such consent, 'such* assigMUficnt may be ' njade^%hder the sesBionsif sanction of an order of the .court of sessions," fijfifer four^ JefMed' teen days' nc)tice of an application to tjhat effect, served on the; apprentice, his parent or guardiau, if therp be any in the county, and when so made, such assignment shall be as valid and e|feetual as if such consent, had feaen given in manner as aforesaid. § 42, same' art.5(I R. S. 161.) §1417. The provisiohs of this titlfe shall apply as well ^^(^"jtio" to mistresses, female guardians, apprentice^ and wards, tofemaieB. tie^Jiectively;' as to' masters, male guaWi^iis, apprentices aiid wards. § 43, same art. ,, CHAP. LXYII. EELATINO TO CERTAIN PENALTIES AND FOR^ FIIJT^URES TO BE PE0OVEIIED. FOU THE BENEFIT OF THE POOR. Sections 1418 and 1419. Overseers of the'Jioor, in their names, to re- ■■■■,) cover certain penalties against juggleM, mounte- ' banks and, con^nxqn aliowmea. , , ,.; 1430. Penalty for discharging fire-arms, etc., on certain days, .,,, without military pj;dw- 1431. Gamii^gtaibles at parades, tow»-meetings, eleptions, etc., prpmbited. 1432. Putlid ofBcers to destroy such tables. , , i' , 1423. Gaming, etc., ip taverns and certain vessels and packets, prohibited. ' Coart of general sessiona of the peiii " Ui tbc 'o^ginal section. 430 i RELIEF OF THE IPOOR Skctiok 1434. Penalties on tavern kQepors, etc., and how collected., 1435.' Winners at ap7 game to forfeit five 'times tUe yalnia won, for use of tlje poor. 1436. Winning or losing $35 within twentjr-fonr hours, a misdemeanor, etc. : , 1437. Persons losing at any sitting $35, ma^, recover it back. 1428. If not sued for by , Josers, may be recovered by over seers of the poor. 1439. Persons betiing, playing, etc., competent witnesses. 1430. Perspns liable to suit, may be compelled to answer bills of discovery. • ' 1481. Answer ndt to be testimony against such persons. 1433. When :^nd how witnesses may be discharged 'from cer- tain penalties. 14S3. Penalty for Betting up money or property to be raffled for, to be recovered by overseers. 1434. Raffling. ,,,,; 1^5. Coijtrapts m^d^ ftnd Sf purities given on account of raf- fling, void. 1436. Money paid for any interest in a rafSe, may be recovered ' I , back. ,'■ 1437. Uha^thorized lotteries declared unlawful, and common nuisances., 1488. Penalty for- settling up, drawing, etc., unauthorized , lotteii^. 1489. Penalty for printing, publishing, etc., noticetf of illegal lott.eri^s, 1440. Penalty for selling, procuring, etc., tickets, etc., In il- ' legal lotteries. 1441. Penalty for offering for sale any property, dependent on drawing of any lottery. 1443. Property so offered for sale forfeited ; how recovered and applied. 1443. Purchasers of tickets, etc., in illegal lotteries, may re- cover double the sum paid. 1444. Prizes drawn in iUegali lotteries forfeited ; how col- lected and applied. 1446. Offices for registering numbers < of tipketq (n illegal lotteries, prohibited. '1440. Selling of chances 'in illegal lotteries, aild ihaarances respecting their drawiiig, prohibited.! , , ,,, 1447. Insuring tickets in any lottery, and publishing notice i thereof, prohibited. , 1448. Penalty for violating either of last three sections. 1449. Transfers of property pursuant to Illegal lottery, etc., void. ' . ; 1450. Certain evidence not necessary in prosecutions. 1451. Forgery of lottery tickets, etc., how pUnibtiocl. 1463. Grand juries to be charged to inquire into violations. 1453, 1454, 1455 and 1456. Over&eersto sue for and recover certain penalties incurred for betting, etc., at horse races. 1457. Prohibition of certain acta, disturbing meetings for religu^liB worship. PENALTIES AND FORFEITURES. 431 Bectioic: 1458. Penalty ; proceedings td icoIMet ; summaty ccfnyietioij, and when collected toigo for benefit ' of 'Coontiy poor. ^ 1459. Sotjr of peace-ofScera to iapprehend certain offenders. 1460. Judicial officers may prder offenders into custody. 1461. Proceedings on conviction, if penalty .ba'/ not paid.'ot secure^. 1463. Persons complained of may demand a jury. i 1463. Costs of thejui;y to be added on conviction. 1464; Certfiin goods exposed for sale on Sunday to, be forfeited and sold, and proceeds thereof to be paid to the over- seer of the poor. 1465. Proceedings to collecJt penalties. 1466. Such prosecutions to be ■ commenced withlil ' tWenty days. ' 1467. Execution to collect penalties ; its contents. ' ; ■ 1468. Certificate of conviction to be filed with county derk. 1469. Amount of fees allowed ; by whom to bee paid. ■ > 1470. No person to peddle without license. i 1471. Penalty for peddling without' license, or contrary to terms of it, and to go to b^^efit of the poor. 1472. Penalty for refusing to show license when demanded 1473. Any citizen majr apprehend ft, person f^ijnd peddling with6ilt license, etc. 1474. Duty of justice before whom such piadiler may be taken. 1475. In prosecutions for certain penalties, when no costs allowed to defendant. 1476. No suit to be maintained unless brought within sixty days after offense. 1477. Persons sued when mayplead general issue, etc. § l/il8. "No person shall exhibit or perform fpr gain ot Penalty for profit any puppet-show, any wire or rppe , dance, or apy puppe™ "^ other idle sl^pws, acts or feats which common slipwmen, ^^°'^^' *°' mountebanks or jugglers usually practice or perform; iswend., and no owner or oQcupant of a,ny house, out-Iiouse, yard, isBarb.,., field, shed or other place shalr furnish or al],(>w, the game **^- ' to be used for the accommodation of such exhibition or performance. Whoever shall offend against either of these provisions shall forfeit twenty-five dollars for ea(?li offense, to be recovered by and in the nanie of the over- seers of the poor of the town where the offense shall be ioor of the 1, art 1, committed. §1, art. 1, title. 8, ch. 20, part 1, Ei S. :! ' (iK.s.66b.) ' ■ ' •:;:;,:, § l41d. The penialties in the preceding section shall ShiHtin' also applv to and be recovered of ' any person Vho shall paintings, exhibit for gain or pront any painting, any anipial or pther naturafor artificial curiosity, or any, other thing not prohibited in the foregding section, in any town, with- out having first obtained permission in writing for that' 432 RELIEF OF THE POOR. purpose, signed l)y two JBstices of the peace of th^town, in which license the nature of each • exhibition shall be describedyand for the granting, of which no fee or reward shaU be taken. ; § 2, art. 1, title 8, eh. 20, part .1, K.;S. (1 K.S. 660.) nucharge § 14:20. No person shall fire or discharge any gun, &c^oS'cerl pistol, rocket, squib, cracker, or other fire-work withiU a '"'"idbSe'd quarter of a mile of any building, on the twenty-fifth day ''"' ' of December, on the last day of December, on the first day of January, or on the twenty-second day of Febru- ary, in any year, nor qn the fourth day of July, or such other day as shall at the time be celebrated as the anni- versary of American independence, without the order of some ofiBoerof the militia, while in the course of military exercises : every person offending against these provisions shall forfeit the sum of five dollars, to be recovered by any person who will prosecute in the name of the overseers of the poor, with their consent and under their direction, for tne use of the poor. § 3, art. ctoming 8 1421. On the daV of any militia parade or l-endezvous, tables at " n . M ■' '^ t • i i ^• parades, or pf any town meetmg, or any annual or special election, &c?'prohib- or on the day of the assembling of any inhabitants of this itei state to ' celebrate the anniversary of American indepen- dence, no person shall expose to the public, or liave in his possession within half a mile of the place of such parade, rendezvous, town meeting, election or celebration, any eo-table, wheel of fortune, or other gaming table, or gaming machine or box ; every person offending against uiis provision shall forfeit twenty -five dollars, to be re- covered by and in the name of the overseers of the poor of the town where the offense was committed,, for the use of the poor. § 4, same art. (1 E. S. 66U To be § 1422. It shall bfe the duty of all sheriffs and pf all other deetrojed. gxecutive, judicial or ministerial officers concerned in the administration of justice, to break, bum or otherwise destroy every such table, box and .. machine, so exposed or possessed contrary to the provisions of the last fore- going section. § 5, same art. Gaming, Ac §1423. There shall not be allowed or suffered any MdVISSs cock-fighting, playing with cards or dice, or any kind of prohibited., gaming by lot or chance, within any house k,ept as a "• •**• public inn or tavern, or in any grocery, or other place where spirituous liquors shall be licensed to be sola, nor shall there be any playing with cards or dice for gain or tnoney, or any kind of gaming by lot or chance on board any vessel used for the transportation of passengers, or on board any packet or other boat employed in the con- veyance of passengers on any canal ; nor shall any billiard PENAHHES AND FORFEITURES. 4S3 table or other gaming table be kept on board suoh vessel or boat, or witbin such house or place, or in g,ny out- house, yard or garden belonging to such house or place. § 6, art. 2, title 8,. cb. 20, part 1, E.. S. (1 R. S. 661.) § 1424. The master of any vessel or boat, and the Penaitto*. keeper of any inn, tavern, grocery or other place where spirituous liquors are licensed to be sold, who shall offend against either of the provisions of the last, section, shall forfeit ten dollars for each offense, to be recovered by and in the name of the overseers of the poor of the town where any such offense, shall be committed by the keeper eouoets*,' of an inn, tavern, grocery or other place before mentioned, and by and in the name of the overseers of the poor of any town where the offense, shall be committed by any master ^of a vessel or boat. § 7, same art. § 1425. Every person who shall, at any one tittie or sit- ^'feitfli? ting,;Win by playing, at any game,, pf any one or more times the persohs, any sum or value, shall forfeit five times the value of the money or ftther things so won, to be recovered by and in the name of ^hf; overseers ;of. the poor of the town, for the use of,, the poor. § 12,, art. 3, title 8, ch. 20, part 1, E. S. (1 E. S. 662.) § 1426. Every person who shall win or lose at play, or ^|;*\^g'°J by betting, at any time the sum or value of twenty-fiVe losing fss. dollars or upward, within the space of twenty-four hours, ehall be dpemed guilty of a misdemeanor, and on convic- tion shall be ,fined, not less than five times the value or sum so lost or won;, which, after;deducting.such reason- able charges of the prosecutor and, witnesses as the court shall allow, shall be paid to the overseers of the poor of the towR where the, offense was committed, for the benefit of the poor. § 13, same art. i . , § 1427,, Every person who shall, by playing at any Losers of game, or by betting on the^ides or hands .of such as do ^^2**?My play, lose at any time or sitting, the su.n or value of Jgo^*'^^^^ twenty-five dollars or upward, and shall payor deliver 4j.K.i9ai the same or, any part thereof, may, within. three;calendar ^f^B"""'- . m^Qpths after such payment or delivery, sue forand recover ^'^^o^^jg . the money or vialue of. the things so, lost and paid or de- ibN.Y.iwI livered, fropi the winner thereof. § 14, same art. § 1428. in case the, person losing such sum or va,lue wijentobe shall not within the tinie aforesaid, in good faith and with- Sveraeers ot out collusion, sue for the sum or value so by him lost and .p°"- paid or delivered, and prosecute such suit to effect with- out unreasona]t)le delay, the overseers of the ; poor of the town where tlie offense was cpmmitt^d may sue for and recover the sum or, value so lost and paid, together with treble, the said sum or value from the winner thereof, ■ 65 434 RELIEF OF THE POOR Persons playing, &c., compe- tent wlt- D^eseB aeainst others. Answer to blUs or dis- covery may be com- pelled. Answers not testi- mony in certain cases. When wit- nesses may be dis- charged from penal- ties. Penalty for letting up money, AC, to be raffled for. 13 Barb. ST7; UN. Y.4a8; 71d. 341 ' Baffling prohibited. for the benefit of the poor. § 15, art. 3, title 8, ch. 20, part 1, K. S. (1 R. S. 663.) § 1429. 1^0 person other than the parties in the canse shall be incapacitated or excused from testifying, touching any offense committed against any of the foregoing pro- visions relating to gaming, by reason of his having played, betted or staked, at any game, as herein prohibited ; but the testimony of any such person shall not be nsed against him in any suit or prosecution hereby authorized. § 18, satne art. § 1430. Every person who shall be liable to be sued by any loser or other person, by virtue of any of the forego- ing provisions relating to gaming, in this article contained, shall be Compelled to answer, on oath, any bill that may be exhibited against him, in the coiirt of chancery, for discovering the money or other things won at play con- trary to law ; and may be compelled, by decree of such court, to return the same. § 19, same art. (1 E. S. 664.) § 1431. The answer to such bill shall not be used as testimony, in any case, against the person making such discovery. § 20, same art. § 1432. Any person offending dgainst any of the pro- visions contained in this article, who shall be admitted and examined as a witness, in any court of record, to sus- tain any suit or prosecution herein authorized, may, by rule of the court, be discharged from all penalties by reason of such offense, if such person hath riot before been convicted thereof, or of a similar .offense, arid if it appear to the court satisfactorily that such person was duped Of enticed into the commission of the offense by those against whom he shall testify. § 21, same art. § 1433. No person shall set up or propose any money, goods, chattels or things in action to be raffled for, or to be distributed by lot or chance to any person who shall have paid, or contracted to pay, any valuable consider- ation for the chance of obtaining such money, goods, or things in action. Any person offending against this pro-' vision shall forfeit three times the sura of money, or value of the articles so set up, together with the sum of ten dol- lars, to be recovered by and in the name of the overseers of the poor of the town where the offense was commit- ted. § 22, art. 4, title 8, ch. 20, part 1, R. S. (1 R. S. 665.) § 1434. No person shall raffle for any sum of mone^, goods or things in action, or become interested in the dis- tribution of any money, goods or things in action, by lot or chance. Whoever offends against this provision shall forfeit ten dollars, to be recovered as directed in the pre- PENALTIES AND FORFEITURES. 435 I .csfling section." § 23, art. 4, title 8, ch. 30, part 1, E. S. (IB. 8.665.), ' '^, ' § 1435. All contracts, agreements and securities given, contracts, made or executed for or on account of any raffle or dis- tacowtot tribution of money, goods or things in action, forHhe pay- ™^'»s, ment of any money, or other varuable thing, in consider- ™ ation of a chance in such raffle or distribution, or for the delivery of any money, goods or things in action, so raffled for or agreed to be distributed as aforesaid, shall be utterly void. § 24, same art. '■ § 1436, Any person who shall have paid any money or Money p«id valuable thing for a chance or interest in any such raffle Ac.l'may be or distribution as is prohibited by^;he preceding sections* ^^4™^™'''=* may sue for and recover the same of the persoir to whom such payment or delivery was made. § 25, same art. § 1437. Every lottery, game or device of chance in the Lotteries nature of a lottery, by \diatever name it may be called, 4°'.'""°'' other than such as have been authorized by law, shall be deemed unlawful and a common and public nuisance. § 26, same art. § 1438. No person* shall, within this state^ open, set on penalty for foot, carry on, promote or draw, publicly or privately, any f^^^^lg^ lottery, game or device of chance of any nature or kind S*'-';'"'?''' ' whatsoever, or by whatever name it may be called for thte lotteries. purpose of exposing, setting to sale or disposing of any ^^;^en±/ houses, lands, tenements or real estate, or a;ny money, *'*• . ^^ n , T • . . -rrrl fri t . i . « UCniO, So. goods or things in action. Whoever oftends a,gainst this id. m. provision shall be deemed guilty of a misdemeanor, and TufV^Mi.' on conviction shall be subject to a fine equal to the amount of the whole sum or value for which such lottery, game or device was made ; and if such amount cannot be ascer- tained, then to a fine of two thousand five hundred dol- lars, or to iinprisonment not exceeding two years, or to both, in the discretion of the court. § 27, same art., as modified by § 10, art. 1, Const, of 1846. § 1439. No person shall, by printing, writing, or in any Penalty for other way, publish an account of any such illegal lottery, puWishfiff, game or device, stating; wjien or where the same is to be '*" iheMi**' drawn, or the prizes therein or any of them, or the price f^^^l*-' of a ticket or share therein, or where any ticket may be sis. '' obtained therein, or in any way aiding or assisting in the * • ^' ***• same. Whoever offends against, this provision shall be deemed guilty of a misdemeanor, and on conviction be subject to a fine not exceeding one hundred and fifty dol- laTs or to imprisonment not exceeding three calendar months. § 28, same art. (1 R. S. 665.) '•'The wdrds " nnauthorized by special laws for that purpose," belnpr rendered obsolete by virtae of g 1, art. 10, Constitation 1846, are therefore omitted in this •ectidn. 4S6 Penalty tor selling, pro- curing, &c., tickets, &c., in Illegal lotteries. S Oenio, 101; 4 Barb. 314; 1 Comst. 180. Penalty for offering for sale any Sroperty apemdent on drawing of any lot- tery. 3 Seld. 240. Properto so offbred for sala,fo^fei^ ed I bow recovered . and applied to support of poor. 8 Seld. 240. RELIEF OF THE POOR. "§ 1440. No person within this state shall vend, sell or barter, furnish, supply, procure, or cause to- be furnished or procured, or offer to vend, sell, barter, furnish, supply, procure, or cause to be furnished or procured, to or for any person or persons, any ticket or part or share of a ticket, or any paper or instrument purporting to be a ticket or part of a ticket, or to be a share or interest in any ticket, or any certificate of any share or interest in any ticket, or in any paper purporting to be a ticket, of any such lottery, device or game of chance not expresely authorized by law ; nor shall any person be aiding, abet- ting or assisting in the commission of either of the said offenses.;. Whoever shall offend against either of these provisions shall be deemed guilty of a misdemeanor, and on conviction shall be liable to a fine not exceeding five hundred dollars, or to imprisonment not exceeding one year, or to both in the discretion of the court. § 29, art. 4, title 8, eh. 20, part 1, R. S. (1 R. S. 666.) 1 1441. No person unauthorized by special law for that purpose now existing shall offer for sale, distribution or disposition in any way any real estate, or any money, goods, articles or things in action, or any interest therein, to be determined by lot or chance j that shall be dependent upon the drawing of any authorized or unauthorized lot- tery within or out of this state; nor shall any person sell, furnish or procure, or cause to be sold, furnished or pro- cured iu any manner whatsofever, any chance, share or por- tion or any interest of any kind whatsoever in any prop- erty so illegally offered for sale, distribution or disposition as aforesaid, or any ticket or other evidence of any chance or interest in such property, to be determined by any draw ing as aforesaid, or any instrument purporting to be sueh ticket or evidence. Whoever offends against either of these provisions shall be deemed guilty of a misdemeanor, and on conviction shall be liable to' a 'fine not exceeding' five hundred dollars, or to imprisonment not exceeding one year. § 30, same art. § 1442. AH property so offered for sale, distribution or disposition, against the provisions of law, shall be for- feited to the people of this state, as well before as after the determination of fche chance on which the same was dependent ; and. it shall .be the' duty of the respective district- attorneys to demandj sue for aiid reborver,' in be- half of ;this statej all J)roperty so forfeited, and to! main- tain the proper actions for the same after demand made, and to pay the proceeds of the sale of such property, and any moofeys that may be collected in any such suit, into the county treasury for the benefit , of the poor,, § 31, same art. . ' , - i ■..„.•, ' PENALilES AISTD FORFEfTtTRES. 437 § 1 443. Any person who shall purchase any share, in- Pnrehaeefs terest, ticket, cei^tifieate of any share or interest, or pai-t &c"to^"" of a ticket, br anjr paper instrument purporting to he a ^3"tiie ticket or share or interest in aiiy ticket, or purporting to sum paid, bfc a certificate of any share or interest in any ticket, or in any portion^f any illegal lottery, may sue fot and re- cover double the sum of money and double the vahie of any goods or things in action which he may have paid or , delivered in, consideration of such piarchas'e, with doiuble costs of suit. § 32, art. 4, title 8, ch. 20, part 1, E. S, (IE. S. 667.) ' ■ § 1444. Any prize that shall be drawn in any lottery Prizes in forbidden by law shall, be forfeited to the use of the Fo'ttlriea, poor ; and it shall be the duty of the overseers of the aa%"or.*° poor of the to,wn where the persqn or persons drawing Duty of such prize, or any of them, shall I'eside, to sue for the o^""*™- same in their iiame^ ; and they shall recover thei same in an action for money had and received, founded upon lihis statute. § 33, same art. § 1445. No person shall open, set up, exercise or keep Eegietering by himself, or by any other person or persons, any office prohibited, or other place for registering the numbers of any ticket in, any lottery not authorized by the, laws of this state ; nor shall any person by printing, writing or otherwise, publish the setting up, opening or using of any such of; lice or other place. § 34, same art. § 1446. No person shall sell the chance or chances of selling any ticket in any lottery not authorized by the laws of auring, &c. this state; nor shall' any person insure for or against the drawing of any such lottery. § 35, same art. .V § 1447. No person shall insure or receiye any consider- Srtiflbltibii ation for insuring for or against the drawing of any ticket fnSne or tickets in any lottery whatever, whether authorized by anyiottlry, law or not; nor shall apV person receive any money or and against , . ,' . . ^. ^•'. '^ .J ,. \/ '' publishing goods, or thing m action m consideration oi any agree- notice ment to repay any sum or sums, or to deliver the same *''«"''''' *=• or any other goods ,Qr thing in, action, if any ticket or tickets in any lottel-y whatever shall prove fortunate or UTifbrtiuhate, or shall be drawn or not drawn on any par- ticular day, or in any particular order, or othei-wjse hpwr soever ; nor shall any person promise or agree to pay any sum of money, or to deliver any goods or thing in action, or to do or forbear to do any thing for the benefit of any other person or persoi^s, with or ^yithout C;onsiderationi upon any event or cpn^ingency dependent pn the dravfr ing of any ticket or tickets, ^qr the number prnumbers of a'hy tickets in any lottery whatever ; nor sha,li. an;^ person publish any notice or proposal for any of the piir- poses atoresaid. § 36, same art. 438 RELIEF OF THE POOR. Penalty for §1448. "Whoever shall offend against any of the pro- thJ^tSft visions contained in the three preceding sections shall sections. ]jg deemed guilty of a misdemeanor ; and, on conviction, shall be liable to a fine not exceeding one thousand dol- lars, or to imprisonment not exceeding one year. § 37, art. 4, title 8, ch, 20, part 1, E. S. (1 R S. 667.) transf?™ of § I'i*^. Every grant, bargain, sale, conveyance or trans- property, fer of any real estate, or of any goods, chattels, things in ™' ■ action, or any personal property, which shall hereafter be made in pursuance of any lottery not authorized by the laws of this state, or for the purpose of aiding and assist- ing in such lottery, game or other device to be deter- mined by lot or chance, are hereby declared void and of no effect. § 38, same art. (1 E. S. 668.) Bvidencein | 1450. It shall uot be necessary in the trial of any titww under 8U.it or prosecution under the provisions of this article, to this article. pj.Qyg ^\^q existence of any lottery in which any ticket, share or part of a ticket purports to have been issued, or the actual signing 6f any such ticket or share, or of any pretended ticket or share, of any pretended lottery ; nor that any ticket, share or interest was signed or issued by the authority of any manager, or of any person assum- ing to have authority as manager ; but in all cases, proof of the sale, furnishing, bartering, or procuring of any ticket, share or interest therein, or of any instrument purporting to be a ticket or part or share of any ticket, shall be conclusive evidence that such ticket, share or in- terest was signed and issued according to the purport thereof. § 52, same art. (1 E. S. 671.) roi;geryof §1451. If any persou shall falsely make, alter, forge Of ^(oieTs, &c counterfeit, or cause or procure to bo falsely made, altered, forged or counterfeited, or willingly act or assist in the false making, altering, forging or counterfeiting any ticket of any lottery, or other game op device of chance, or any share or interest, or any certificate of ahy share or in- terest in any ticket of any lottery, or other game or de- vice of chance, 'with intent to defraud any person or body corporate whatsoever, or shall utter or publish as true, or shall sell or exchange, or offer for sale or exchange, any false, altered, forged or counterfeited ticket of any lot- tery or other game or device of chance, or of any Share or interest, or of any certificate of any share or interest in any ticket of any lottery, with intention to defraud any person or body politic or corporate whatsoever know- ing the same to be false, altered, forged or counterfeited, then any such person being thereof convicted, shall be subject to imprisoment as prescribed by law. § 53, Elame art. PENALTIES AND FORFEITURES. 439 § 14:52. It shall be the duty of the presiding judge of Grand every court of oyer and terminer,, and every court of ses- Sgo'd ''^ sions, specially to charge every grand jury to inquire ryP^°H°f into all violations of the laws against, lotteries, and against the unlawful selling of tickets in lotteries. § 54, art. 4, title 8, ch. 20, part 1, E. S. (1 E. S. 672.) § 1453. Every person who shall contribute or collect, Penalty for or solicit any other person to contribute or collect, any ti?g'or c'oi- money, goods or things in action, for the purpose of paree^&e making up a purse, plate or other valuable thing, to be to be raced raced for by any animal contrary to law, or to be given °'" to the owner or rider of any animal so racing contrary to law, shall forfeit twenty-five dollars, to be sued for and recovered by and in the name of the overseers of £he poor overeeer of of the town where the offense may be committed. § 57, , '" art. 5, title 8, ch. 20, part 1, E. S. (1 E. S. 673.) § 1454. Tlie owner, in the whold or in part, of any Penalty on animal that shall be used or employed by his permission horses, J^;c., or privity in racing, contrary to law, shall forfeit the value 'Jns™?-*'" of the animal so employed. Every person concerned in iQ°^end99 laying any bet or wager upon the event of any illegal race, or in contributing to the stakes to be awarded upon apy such event, shall forfeit the amount of the bet or •wager so made, or of the sum or thing so contributed. The said forfeitures may be sued for and recovei"ed by the overseers of the poor of the town where the offense overseer o may be committed. § 58, same art. i ^°°'' §i 1455. All racing and running of animals for the trial nIw°^'" of speed within the town of New Utrecht, in the county utrecht, of Kings, whether the same be for any bet, wager or ooan^, stakes, or not, shall be deemed a misdemeanor, and the P'^Mbited. parties concerned therein shall, on conviction^ be liable — to fine and imprisonment, as declared in the preceding fifty-fifth section. § 59, same art. ': § 1456. The owner, in whole or in part, of any animal 11°^*^- , that shall be used or employed, by his permission or connty, privity, in racing, in the town of New Utrecht, contrary '"^' to the provisions of the preceding section, shall forfeit the value of the animal so employed, to be sued for, recovered and applied as directed in the preceding fifty-eighth sec- tion. § 60, same art. § 1457. No person shall willfully disturb, interrupt or JJ^JJ]"^ ons or. by making a noise either within the place of worship or so near it as to disturb the order and 'solemnity of the Lionornot meeting ; nor shall any person within two miles of the s Vend.'ast place where any religious society shall be actually assem- .8*N.T.i4i bled for religious worship, expose to sale or gift any 440 RELIEF OF THE POOR. ShowB, &c., not to be exhibited ; nor racing or gaining. Hlehwaya not to be obBtmcted. Penalty. Procced- ingfj to col- lect for benefit of county podr. 17 Wend, 2ia. Offenders to "be appre- hended by peace officera present. Wend. 62: 10 id. sa. 19 J. B. 40. May be ordered Into ens- tody by jndiciol officers. S \Vend.2S8. Proceed- ings if penalty he not paid or eecared. 19 Wend. M6. 19 J. R. 40. Person complained of may ardent or distilled liquors, or keep open any huckster- shop in any other place, inn, store or grocery than such as shall have been duly licensed, and in which such per- son shall have usually resided or carried on business ; nor shall any person, within the distance aforesaid, exhibit any shows or plays, unless the same shall have been duly licensed by the proper authority ; nor shall any person, within the distance aforesaid, promote, aid or be engaged in any racing of any animals, or in any gaming of any description ; nor shall any person obstruct the free passage of any highway to any place of public worship within the distance aforesaid. § 64, art. 7, title 8, ch. 20, part 1, R. S. (1 R. S. 674.) § 1458. Whoever shall violate either of the provisions of the foregoing section may be convicted summarily before any justice of the peace of the county, or any mayor, recorder, alderman or other magistrate of any city where the offense shall be committed, and on such conviction shall forfeit a sum not exceeding twenty-five dollars, for the benefit of the poor of the county. § 65, same art. § 1459. It shall be the duty of all sheriffs and their deputies, coroners, marshals, constables, and other peace oihcers, who may be present at the meeting of any assem- bly for religious worship, which shall be interrupted or disturbed in the manner herein prohibited, to apprehend the offender and take him before some justice of the peace or other magistrate authorized to convict as aforesaid, to be proceeded against according to law. § 60, same art. (1 R. S. 675.) § 1460. All judges, mayors, recorders, aldermen and justices of the peace, within their respective jurisdictions, upon their own view of any person offending against the provisions of this article, may order the offender into the custody of any officer in the preceding section named, or of any official member of the church or society so assem- bled and disturbed, for safe-keeping until he shall be let to bail or a trial for such offense be had. § 67, same art. § 1461. If any person convicted of any of the offenses herein prohibited, shall not immediately pay the penalty incurred, with the costs of the conviction, or give security to the satisfaction of the officer before whom the convic- tion shall be had, for the payment of the said penalty and costs within twenty days thereafter, he shall be committed by warrant to the common jail of the county until the same be paid, or for such term, not exceeding thirty days, as shall be specified in the warrant, § 68, same art. § 1462. From and after the passage of this act it shall and may b« lawful for any person who may be complained PENALTIES AND FORrEITTJRES. 441 of for a violation of any of the provisions of the aJ-ticle demand s hereby amended (art. 7, title 8, ch. 20, part 1, K. S.), ^'"^" before the court shall proceed to investigate the merits of the cause, to demand of such court that he may be tried by a jury. Upon such demand it shall be the duty of such court to issue a venire to any constable of the county or marshal of the city where the offense is to be tried, commanding such officer to summon the same number of jurors and in the same manner as is provided for the summoning of jurors before courts of special sessions. The said court shall proceed to empannel a jury for the trial of said cause in the same manner^ and shall be- sub- ject to all the rules and regulations, prescribed in the act providing for trials by jury in courts of special sessions; § 1, ch. 78, 1834. § 1463. In addition to the costs allowed by law for co»t«. prosecution under the article hereby amended, all the costs consequent upon a trial by jury shall be added and paid by the party offending, in case of conviction, and shall be the same as is allowed bylaw in civil cases. § 2, same ch. ' , § 1464. No person shall expose to sale any wares, mer- Goods not' - chandise, fruit, herbs, goods or chattels on Sunday, except on slmday. meats, milk and fish, which may be sold at any time be- fore nine of the clock in the morning ; and the articles so exposed for sale shall be forfeited to the use of the poor, Ma7be and may be seized by virtue of a warrant for that pur- forfeited- pose, which any justice of the peace of the county, or tSdpw' mayor, recorder or alderman of the city, is hereby author- "q* he mot ized to issue, upon a conviction of tlie offender. When seized they shall be sold on one day's notice being given, and the proceeds shall be paid to the overseers of thfe poor of the town or city. § 71y art. 8, title 8, ch. 20,' part 1, E. S. (1 R. S. 676.) § 1465. Whenever complaint shall be made to any Proceed- • justice of the peace, mayor, recorder, or* alderman, of a coSec? violation of either of the provisions contained in the three Prosed' last articles (articles 6, 7 and 8, title 8, ch. 20, part 1, 9gY|°^;^««i E. S.), relative to profane swearing, the disturbance of religious meetings, or the observance of Sunday, or when any of such violations shall happen in the presence of such officer, he shall cause the offender to be brought be- fore him, and shall proceed summarily to inquire into the facts; and if the person charged be* found guilty, a record of his conviction shall be made and signed by such officer, before issuing any process to enforce the same ; which conviction shall be final, and shall not be re-examined upon the merits in any court. § Y3, art. ^9, title 8; chi 20, part 1, E. S. (1 R. S. 676.) 56 442 RELIEF OF THE POOR. Time limited for prosecnihig Execution to collect pen«ltie«. Certificate of convic- tion, when and where to be filed. Fees of jns- tices nud officers. Feddlen to obtain licenie. Penalty for peddling without licence, and tu go to the poor. § 1466. No prosecution sliall be maintained for any of the violations specified in the preceding section, unless the same be instituted by the actual issuing of process to apprehend the offender, or by his actual appearance to answer the complaint, within twenty days next after the offense committed. § 74, art. 9, title 8, oh. 20, part 1, R. S. (1 R. S. 677.) § 1467. Upon a conviction being had for any of the offenses in the last three ai'ticles specified, where no other special provision is made for the collection of the penal- ties incurred, the magistrate before whoib the same is made shall issue an execution to any constable of the county, commanding him to evy the said penalties and the costs of the conviction, by distress and sale of the goods and chattels of the offender ; and in case sufficient goods and chattels cannot be found, then to commit such offender to such common jail of the county for such time as shall be specified in such execution, not less than one day nor more than three days. § 75, same art. § 1468. Within thirty days after any such conviction shall be had, the magistrate making the same shall cause to be filed in the office of the clerk of the county a certi- ficate of such conviction, briefly stating the offense charged, the conviction and judgment thereon; and if any fine has been collected, the amount thereof, and to whom paid. § 76, same art. § 1469. In all prosecutions for any of the offenses spe- cified in the three last articles, the like fees shall be al- lowed and taken as in civil suits before justices of the peace, which shall in no case exceed five dollars, and be paid by the party offending, over and above the penalties incurred ; but in case of the imprisonment of the of- fender, no charges or fees shall be allowed. § 77, same art. § 1470. Np person shall be authorized to travel from place to place within this state for the purpose of carry- ing to sell or exposing to sale any goods, wares or mer- chandise of the growth, produce or manufacture of any foreign country, unless he shall have obtained a license as a hawker and peddler in the manner hereinafter directed. § 1, title 4, ch. 17, part 1, K S. (1 E. S. 575.) § 1471. Every person who shall be found traveling and trading within this state, contrary to the provisions of the first section of this title (section 1470), or contrary to the terms of any license that may have been granted to him as a hawker or peddler, shall, for each offense, forfeit the sum of twenty-five dollars to the use of the poor of the town in which the ofiense shall be committed. § 6, same title. (1 R. S. 576.) PESTALTIES AND FORFEITURES. 448 § 1473. Every person so trading -who shall refuse to Prnaity for produce a license as a hawker or peddler to any oflHeer or pro'dncf''* citizen who shall demand the same, shall, for each offense, "oense. forfeit the sum of ten dollars to the overseers of the poor > of the town in which the demand shall be made, for the use of the poor therein ; and every such offender who, after notice, shall refuse or neglect to pay the above ^ penalty, shall be committed by the justice before whom the conviction shall be had tothejailof the county in which the offense shall have been committed for the term of one month. § 7,_title 4, ch. 17, part 1, E. S.' (1 E. S. 576.) § 1473. Any citizen may apprehend and detain any Proceeding Jierson who shall be found trading as a hawker or peddler V**"""^ . i without license, or contrary to the terms of hife license, or who shall refuse to produce a license, in violation of the proYisions of this title; and may convey the offender before any justice qfjthe peace in the town or county in which he shall be apprehended. It shall be the duty of ?vereeersoi the overseers of the poor of the several towns of this state ^''^ p""'- to enforce the provisions of the law in the manner herein prescribed whenever any violation therebf within their respective towns shall come to their knowledge. § 8, sMe' title, as amendecl- by § 3, ch. 70', 1840. ^ '■ ' ■ § 1474. It shall betheduty of sitch justice, if a sufficient ». license to authorize such trading be not produced to him, and the fact of trading be proved to him, either by the confession of the person so apprehended or the oath of competent witnesses, to convict the offender of such offenses against this title as shall be so confessed or proved ; and to issue his warrant on each conviction, directed to some constable of the county in which the conviction shall be had. commanding such constable to cause the sum of twenty-five dollars, with costs not to Exceed fi^e dollars, to be forthwith levied by distress and sale at public vendue of the goods, wares and merchan- dise of the offender. The moneys collected on such war- Mone/Bcoi- rant, exclusive of the costs, shall be paid by the jpstice to jfa/a fo'the* the overseers of the poor of the town in which the offense overseers, shall have been committed. § i>, same title. , ; : § 1475. In every, case of a prosecution against any per- costs, son for the recovery of any penalty given m this title, no costs shall be, alio wed to the defendant if it shall appear that before the commencement of the prosecution such defendant had refused to produce his license or to* disclose his name when lawfully required ; nor in such case shall the'flefendant be entitled to maintain any action against Defendant the person prosecuting him, or the constable or other ^jJJi°,ga°Jo, persons, by whom he may have been apprehended, or the maiutaia justice issuing any warrant or other process against him, ■"'''"'• 444 RELIEF OF THE POOR. or before wbom he may have been tried, for any of their acts in, so prosecuting, apprehending or trying him. § 10, title 4, ch. 17, part 1, E. S. (1 R. S. 576.) Limitatton § 1476. No suit Or prosecution for the recovery of any ofanitB. penalty imposed in this title shall be maintained, unless it shall appear to be brought within sixty days after the commission of the offense charged. § 11, same title. (1 E. S. 677.) Pleading § 1477. Every person who shall be sued for putting in denoe!'' execution thip title, or doing any matter or thing pursuant to its provisions, may plead the general issue and give the special matter in evidence ; and if the plaintiff in any TrebtecoBti such suit shall not prevail the defendant, shall be entitled to recover treble costs. § 12, same title. CHAP. LXVIII. V BENEVOLENT AND CHAEITABLE ASSOCIA- TIONS AND SOCIETIES. Sbction 1478. Formation of such institutions. 1479. Re-organization authorized. 1480. Corporations, when deemed formed. They may have and use a common seal ; may sue and be sued ; their authority to take and hold property, And to elect oi appoint officers or agents. 1481. Trustees, their election, the classification and the mode of forming board of trustees ; vacancies among' trust- ees and in board thereof, how to be supplied, etc. 1482. Dissolution of corporation, not to be caused by omission to hold election of trustees, etc. 1483. Provisions of chapter 819 of 1848, not to extend or ap. ply to certain societies. 1484. Bequests and devises to such societies limited. 1485. Liabilities of* trustees for debts. 1486. Institutions formed under this act subject to visitation by supreme court justices, or by any person or per- sons appointed by the supreme court for that pur- pose. Certificate to be made by trustees in.December in each year and filed with county clerk ; what such certificate to contain. 1487. Powers and liabilities of societies formed under act of 1848. 1488. Power reserved to the legislature over corporation* formed under said act, 1489. Mortgaging of real estate of benevolent and charitabld and other societies, how and when to be authorized, •tc. BENEVOLENT SOCIETIES. 445 Sbctiqn 1490. Leasing and selling real estate of such socie1aeB( how and when to be autliorized. 1491. Reports to be made by orphan asylums and benevolent associations before moneys appropriated to them can be paid'; annual reports to be made to the Itegisla- ture. 1492. School moneys, orphan asylum societies to share in, andauqh societies to be subject to certain rules and regulations of common schools. . § l478. Any five or more persons, of full age, citizens gj|»jj^ of the United States, a majjority of whom shall berciti- nevoient zen8,of,,and resi(Jen1;s within, this, state, who shall desire iTstS; to associate themselves together for, benevolent, , chari- -|^^^^j^ table, literary, scientific, historical and, literary, mission- ary, or mission, or other Sabbath school purposes, , may make, sign, and acknowledge, before any person authorized to .take the acknowledgment of ,deeds m this state, aud file in the pflice of the, secretary of state, and. also in the office ^of the clerk of.^he county in \7hich the : busi- ness of, such society is to be conducted, certificates in writing, in which shall be stated the name or title by wrhich suqh society shall be. l^npwn in law, the particular t?]i3iness an,d objects of such .society, t^i^ number of. trustT ees, directors ot managers to manage the same, and t!h^ nandes of the trustors, directors, or managers, of siich society, for tbe.flrst year of its existence ; but such certifi- cate shall not be filed, unless by the writteii consent and approbation of one of the justices of the supreme GQpit of tjie district in which the place of business oriprincipal office of such society shs-Jl be located, to be .indorsed on such certificate. § 1, ch. 319, 184$,' as amended by ch, gD^, 18.57, by ch..239, 1861, and |jy ch. 302,, 18.62.^, , [The "Act foijtheincorporation of benevolent, chayitable, ch.8i9,i8M, scientific ajid missionary purposes," passed April twelfth, deemed to eighteen .hundred and forty eight,, shall be deemed to au- »"•»<>•■'««■ thorize the incorporation of any society for th^ .purpose " of,ieatablishing an,d. .maintaining ^.ny educational institu- tion' or chapel, or place of Christian worship,_or any par- gpfip,ge, rectory or official residence of any bishop, pastor ox minister of any Christian church or association. , §1, ch. 5i;M870,] ,,.//:' - , : [This act shall a^ply as well to societies , heretofore Act^howto qrganized.undertlie aforesaid act, as to thos^ which shall '''^^' be hereafter organized. ,,,§, 5, same ch,] <, ; 1 ^,.[!Ehe directors of "any, corporation, organized under any Howomi», a "An act for the Inoorpttratlon df BeriflToleat, Charitable, Solenttilo aud Mta- .orized. case it shall deem it proper, to make an order for the mortgaging of any real estate belonging to said corpora- u Abb. 434. tion, and to direct the application of the moneys arising therefrom, by the said coi'poration, to such uses as the same corporation, with the consent and approbation of the said court, shall conceive to be most for the interest 0^ the society to which the real estate so mortgaged be- longs. § 1, ch. 50, 1854. § 1490. It shall be lawful for the supreme court of this fo'cTeS"' state, upon the application of three-fourths of the trustees and orphan of any benevolent, charitable, scientific, missionary society when'may or orphan asylum incorporated by law, in case it shall aeif." " deem it proper, to make an order for the leasing or sale and conveyance of any real estate belonging to such cor- poration, and to direct the application of the moneys arising therefrom by the said corporation to such uses as to the said court shalLseem to-be.most for the interest of tiie corporation to which tlie real estate so leased or con- veyed belongs. § 1, ch. 58, 1861. _ § 1491. No moneys shall be paid from the treasurer" Moneys not of this state, pursuant to an act of the legislature, making to orphan appropriation to any hospital, orphan asylum, benevolent andbraev- association, educational, scientific, charitable- or otiier °!°(iof,f°' similar ifistitution, not under control of the state, until until cer- tho president and secretary, or the managers of such in- are"maSef" stitution, shall have made a report to the comptroller of ^^atre- the operations, purposes, financial conditions, expen- ports to in- ditures,' and management of such institutions, the said report shall bear date on the first day of October, in each year, and shall incliide the details of the action of the managers for the entire year previous, and particu- larly of the dispositign of moneys .appropriated by the legislature for tne maintenance of said institutions, and shall be verified by the aflidavit of the officers making the same. It shall be the duty of the comptroller to » Tlie provisions of the act entitled "An act making apjtrbprlations for certain publicand charitable institntiong, and for other purposes," (ch. 401) passed April twenty-fifth, eighteen hundnid and sixty-fonr, making the amounts appropriated by that act, or thereaiter to be appropriated totnelllstitdtlOiis, corporations, oi' socie- ties therein named, a lien and charge against the real estate of the said iustitutiou^ cororporations reepectively. it hereby repealed, $ 3, clj. 641, 1865. 57 450 RELIEF OF THE POOR. Duty of withhold moneys appropriated for the benefit of any such comptroUer jjQgpjj^]^ asylum, association or institutions, the managers of which shall not have complied M'ith this requirement ; and he shall transmit such reports, or a copy of them, to the legislature, together with his annual report. § 1, ch. Annna) 419^ 1864. [All institutions and societies entitled by law cermin so- to receive money from the state shall make an annual re- iiftitnti§M poi't to the legislature on or before the fifteenth day of January in each year, and no such money shall be paid in any such case until such report is made therein. § 3, •• ch. 645, 1869.] prphanasy- § 1492. The schools of the several incorporated orphan to share in asylum Societies within this state, other than those in the mtmey.j city of New York, shall participate in the distribution of the school moneys, in the same manner and to the same extent, in proportion to the number of children educated therein, as the common schools in their respective cities saidschoois Or districts. § 1, ch. 261," 1850. The schools of said so- /ect'\o''cer- c'^ties shall be subject to the rules and regulations of tain rules ^ the commou schools in such cities or districts, but shall tions.*^ ' remain under the immediate management and direction of the said societies as heretofore. § 2, same ch. CHAP. LXIX. RELATING TO THE BLIND. ARTICLE ONE. New York State Institution for the Blind. Sections 1493- 1531. ARTICLE TWO New York Institution for the Blind. Sections 1532-1536. ARTICLE THREE. Other matters relatmg to Institutions for the Blind. Sec- tions 1537-1539. • An act to provide for tlie tetter education of the children in the feveiri orphan asylnms in this state other than in the city of New York. FaBsed AprU 10, 1850. RELATING TO THE BLIND. 451 AETIOLE ONE. NEW YORK. STATE raSTITUTION FOE THE BLIND. Section 1493. The governor to appoint five commiBsioners to, select site for New York State Institution for the Blind. 1494. Powers of commissioners in making selection. ' 1495. Commissioners, how to obtain land; duty of state treas- urer in respect to payment for the land. 1496. When site obtained, governor, secretary of state and comptroller to appoint commissioners to contract for erection of buildings; such erection, how superin- tended. J 1497. Said commissioners to give their bonds. 1498. Duty of treasurer in respect to payments appropriated for purpose of this act. 1499. Last-mentioned commissioners to report to comptroller all moneys received by them and progress in erection of institution. 1500. Compensation of commissioners last named. 1501. The conimissiftners appointed to select site authorized to hire or lease a suitable building to be vised for the blind of this state until buildings shall be finished, etc. 1503. When governor to appoint trustees, who are to serve without -fees; term of oflBce of such trustees. 1503. Applications for admission, by whom and to whom made ; powers and duties of justices of the supreme court, county judges and common pleas judges in respect to. 1504. Persons to be admitted in the order of their applica- tions, except, etc. : i 1505. Trustees to organize and choose a president and ap- point a secretary, make by-laws, appoint superintend- ent and other oflBcers. . ' . , . 1506. Trijstees 'to, keep records ,of their proceedings, and make report thereof annually to the legislature. 1507. Appropriation of $100,000. 1508. Trustees of village of Batavia empower^^ to giye bond or other security to the People that they will convey water to said institution. 1509. Who entitled to the privileges of the institution, when trustees to apportion applicants for admission, and how such apportionment to be made. 1510. When and how; non-resident blind persons may be re- ceived in institution.' 1511. How applications for admission mail 1512. Objects of the institution defined. 1513. Trustees of institution, how appointed, and their terins of office. 1514. Vacancy in board of trustees, hbw supplied, term of office of appointee. 1515. Trustees to receive no compensation, except mileage, and not to be interested in any contract. 452 BELIEF OF THE POOR. Section 1516. Powers of board of trustees. 1517. Trustees to' elect president, etc., and adopt common seal for institution. 1518. Treasurer to give official bond, and liave custody of the ' funds of the institution. ■ ■ > ■ 1519. Superintendent and other officers and servants of the institution to be appointed by trustees, and their pay and salaries to be fi;xed by trustees. 1520. Furniture and apparatus, etc., by whom purchased. 1521. Duties of parents and guardians as to clothing of per- sons admitted into the institution. 1523. When any pupil is not supplied by friends with cloth- ing, etc., the trustees to furnish the same and charge the same to the county, etc. 1533. Accounts against counties concerned, when to be made out; duties of supervisors in respect to such ac- counts. 1524. Parents and pupils able to pay, duty of counties in re- spect to ; proviso. 1535. Books, etc., when institution to receive ; bequest, when lawful. 1526. Board of trustees to keep complete records and to an- nually report and suggest to the legislature. 1537. Payments of state appropriations, how made. 1528. Drafts upon state treasury on behalf of institution, how made and attested. 1639. Sections 1537 and 1538 not to be construed to affect the powers of building commissioners under ch. 587 of 1865. 1530. New York Institution for the Blind, to retain custody of pupils and receive pay for same until the state in- stitution is ready to receive the sarne ; exception as to New York and Kings counties. 1531. Acts inconsistent with ch. 744, 1867, repealed. Governor to appoint commis- eioners to select Eite. Power of commie- pionere ; how to be exercised. Amount which ina> be paid for site. § 1493. The governor of the state of New York, hy and with the consent of the senate, shall, during the present session of the legislature, appoint five commis- sioners for the purpose of selecting a suitable site on ■which to be erected the New York State Institution for the Blind. § 1, ch. 587," 1865. § 1494. Tlie said commissioners, by and with the ap- probation of the governor, shall have power to select and procure a site for the location of said institution ; such power to be exercised first by selecting 6r designating any property of the state, or upon which it has a lieu, suitable for that purpose ; or if there be no such property, then by accepting, or receiving or purchasing ruch site. § 2, same ch. . § 1495. If the said commissioners shall procure by purchase, or by judicial proceeding obtain, the site for ' "An act to a\itb(>rize ihe csrAbli»hmcnc of the New York State Institution fo> the Blind." Passed April 27, 1863 ; threu-flf ths being preieut. RELATING TO THE BLIND. 453 said institution, and a deed thereof shall be duly executed and delivered to the people of this state^ the treasurer is hereby directed to pay, on the warrant of the comptroller, to the grantor or grantors of whom the said site shall be purchased as aforesaid, such sum oi- sums of money as may be required to pay for said site, not exceeding thirty thousand dollars. § 3, ch. 587, 1865. § 1496. At any time after such site shall be obtained ^ISt^f" by the said commissioners, the governor, secretary of commu- state and comptroller shall appoint three commissioners contract for to contract for the erection of buildings for such institu- i"»udinga. tion, if the erection of buildings be necessary, on such plan and on such terms as they, in connection with the state oiBcers aforesaid, may deem just. and proper; the said last-mentioned commissioners shall superintend the erection thereof. § i, same ch. § 1497. The said last-mentioned commissioners, before commie- entering upon the duties of their office, shall give their givc^bonds. bonds, with good and sufficient sureties, to be approved by the governor and comptroller, to the people of this state, in the penal sum of ten thousand dollars, condi- tioned for the faithful performance of the duties required of them by this act. § 5, same ch. ^ 1498. The treasurer is hereby directed to nay to the po'yo* ."i T . 1 . . •' ' , ' ■ (. T treasurer. said iast-mentioned commissioners, on the warrant or, the comptroller, such sum or sums of money as may be ap- " propriated for said institution, and necessary for the pur- poses of this act ; the same to be paid in installments, not exceeding the sum of ten thousand dollars at any one time ; and the expenditure of each installment shall be acconnted for to the comptroller before any succeed- ing installment shall be paid. § 6, same ch. § 1499. It shall be the duty of the said last-mentioned fommu-' commissioners to make a detailed report of all the money sioners. received by them by virtue of this act, and of the pro- gress which shall have been made in the erection of such institution, to the comptroller, on or before the first day of January next, and as often thereafter as the comp- troller shall from time to time require. § 7, same ch. § 1500. Each of said last-mentioned commissioners compeM»- shall be allowed and paid the sum of five dollars per day for each and every day necessarily spent in the discharge of his duties, as well as all mileage, at the same rate as allowed to the members of the legislature. § 8, same ch. § 1501. The commissioners named or provided for in commis- the first section of this act shall have the power, and they tJSS* ?o are hereby authorized, if, in their judgment, the same be J'„'^«j^^'Jf^ expedient, to hire or lease a suitable building to be used rarUy. for the blind of this state, until such time as the build- 454 RELIEF OP THE POOR. ing herein provided for shall be finished and ready for occupation. § 9, ch. 58Y, 1865. TrnsteeB; §,1502. As soon as suitable accommodations shall be eeiected. provided, the governor shall, by and with the consent offlce."' of the senate, appoint nine trustees, two fron. the first 55 tsia-wis .i^dicial district, and one from each of the other judicial districts, who.shall take charge of said institution. Such trustees shall serve without pay, and shall hold their oflS- ces for three years and until others are appointed. § 10, same eh. Appiicatioa § 1503. Application for admission into such institution sion;?o' shall be made to a justice of the supreme court, or of whom to be ^j^g court of commou pleas, or to a county judge in the county where snch applicant shall reside. Such justice or judge shall hear the application and make due inquiry into the pecuniary circumstances of such applicant, or or the parents or guardians thereof, and if it shall be proved to his satisfaction that such person or the parents of guardians of such person are unable to pay for the sup- port thereof, and that such county is entitled to send such person to such institution, he may make his order to that efiect, and thereupon such person shall be sent to and admitted into such institution for a term not exceed- ing seven years. § 11, same ch. Who to § 1504. The person who shall be entitled to the bene- encejnad-' fits of this institution shall be admitted in the order of misBion. their application for admission, except that the blind children of those who shall have died in the military service of the United States, or from wounds or injuries received therein during the present rebellion, shall, in To what all cases, have a preference ; except, however, that each uenuS^ county shall be entitled to admission for its blind popu- lation in indigent circumstances in the same proportion which the whole number of its blind population shall bear to the whole blind population of the state, which Proviso. proportion shall be determined by the trustees; provided, however, that for each person sent by any county, such county shall pay the annual sura of fifty dollars- toward the support of such person. § 12, same ch. Officers. §1505. Said trustees shall, as soon after their appoint- ment ;;s may be, meet and organize by choosing one of their number as president and appointing a secretary. By-laws. They shall have power to make by-laws and rules and regulations for the transaction of their business, and for the regulation and management of said institution, which institution shall be wholly under their control ; and, as soon as may be necessary, they shall appoint some suita- ble person as superintendent, and such other ofiicers and employees as may be nepessary to properly carry on the RELATING- TO THE BLIND. 455 business of said institution, and fix the compensation thereof. § 13, ch. 587, 1865. § 1506. Said trustees shall keep full and complete Hecords records of all their proceedings, and also of the business *'^^''«p°'*' and daily transactions of such institution, in books to be provided for that purpose, and shall annually make report thereof to the legislature in and during the month of January. § 14, same ch. § 1 507. The sum of one hundred thousand dollars,' ^pp^p*^* or so much thereof as may be necessary, is hereby appro- priated for the purposes of this act. § 15, same ch. § 1508. The trustees [of the village of Batavia] shall water con- have power to give and execute a bond or other security supply of. to the people of this state, to the satisfaction of the proper state officer or officers, conditioned tliat they will convey water to the said " The New York State Institu- tion for the Blind," in conformity with such agreements as may be made for that purpose between the village of Batavia and the said state officer or officers. § 12, title 4, ch. 140, 1853, as amended by § 4, ch. 29, 1866. «■ The sum of one liundred^thoasand dollars is hereby appropriated tor the com- pletion of the New York State Institution for the Blind at Batavia, and shall be applied and expended by the commissioners already appointed for that purpose, Sursuaiit and subject to the same regulations as are specified by chapter five him- red and eightv-seven of the lav^s of eighteen hundred and sixty-five § X, ch. 320, 1867. The sum of one hundred thousand dollars (Including the sum of twenty-five thousand dollars appropriated by chapter five hundred and eighty-seven of the laws of eighteen hundred and sixty-five, and now in the hands of the state treas- urer) is h~ereby appropriated for the completion of the New York State Institu- tion fot the Blind, at Batavia, and for grading the grounds and avenues leading thereto, and shall be applied and expended by the commissioners already appointed Cor that purpose, pursuant and subject to the same regulations as are specified by chapter five hundred and eighty-seven of the laws of eighteen hun- dred and sixty-five. § 1. ch. 6B, 1868. The following appropriations for said Institution have also been made by the legislature, to wit : For the commissioners of the New York State Institution for the blind at Ba- tavia. for the purchase of six and two-thirds acres of land adjoining the grounds of that institution, four thousand dollars ; for furniture and apparatus for said institution twenty-five thousand dollars ; and for the education and maintenance of the pupils in said institution, the sum of thirty thousand dollars, the same to be paid in installments to the t--easnrer of said commissioners, upon his draft, not exceeding the sum of ten thousand dollars at any one time ; and the expenditure of each installment shall be accounted for i.o the comptroller before any succeeding installment shall be paid. Part of § 2, ch. TIT, 1868, as amended by § 1, ch. 2, 186i). For the New York Institution for the Blind at Batavia, for furniture and other necessary expenses, ten thousand dollars, and the sum of four thousand dollars appropriated by chapter seven hundred and seventeen, laws of eighteen hundred and sixty-eight, for the purchase of land in front of said institution, is hereby re- appropriated for the general purposes.of said institution. Part of § 2, ch. S22, 1869. For the New York State Institution of the blind, at Batavia, for the support and maintenaiice of the institution, thirty-five thousand dollars, or so much thereof as shall be necessary, to be advanced in installments not exceeding seven thousand five hundred dollars each, and the expenditure of each advance to be accounted for to the satisfaction of the comptroller before any further advance shall be made. Part of § 1, ch. 645, 1869. For the New York Institution for the Blind, for education and maintenance of state pupils, twenty-two thousand nine hundred and forty-two dollars and twelve cents Part of § 2, ch. 717, 1868. For the superintendent of the New York State Institution for thi- Blind, for sal- ary, and for the trustees in payment of their actual expenses when attending meetings of the board, three thousand dollars. Part of § 2, ch. 481, 1367. For the commissioners appointed for the purpose of selecting a suitable site on which to erect the New York State Institution for the blind, pursuant to chapter five hundred and eighty-seven of the laws of eighteen hundred and sixty-five, for compensatianand expeunos, to be paid on the certificate of the governor, two thousand dollars. Part of J 2, ch. 748, 1866. . ,."■■•. 456 RELIEF OF THE POOR. Persons entitled to privileges «r tlie institatioti. Non-re?!- dont appli- cants. Application for admis- sion. Otject of the Institution. SnccesBors of present boara of trustees. § 1509. All blind persons of suitable age and capacity for instruction, who ttre legal residents of the state, shall be entitled to the privileges of the New York State Insti- tution for the Blind, without charge, and for such a period of time in each individual case as may bo deemed expe- dient by the board of trustees of said institution ; provided, that whenever more persons apply for admission at one time than can be properly accommodated in the institu- tion, the trustees shall so apportion the number received, tliat each county may be represented in the i"atio of its blind population to the total blind population of the state ; and provided further, that the children of citizens who died in the United States service, or from wounds received thereiu dui-ing tlie late rebellion, shall take precedence over all othci-s. § 1, ch. 744," 1867. § 1510. Blind persons from without the state may be received into the institution upon the payment of an adequate sum, fixed by the trustees, for their boarding and instruction ; provided that such applicant shall in no case exclude those from the state of New York. § 2, same ch. § 1511. Applications for admission into the institution shall be made to the board of trustees, in such manner as they may dii'ect ; but the Ijoard shall require each appli- cation to be accompanied by a certificate from the county judge of the county where the applicant resides, setting forth that the applicant is a legal resident of the town, county and state claimed as his or her residence. § 3, same ch. § 1512. The primai'y object of the institution shall be, to furnisli to the blind children of the state the best known facilities for acquiring a thorough education, and train them in some useful profession or manual art, by means cf which they may be enabled to contribute to their own support after leaving the institution ; but it may likewise, through its industrial department, provide such of tiiem with appropriate employment and boarding accommodations as find themselves unable, after com- pleting their course of instruction and training, to pro- cure these elsewhere for themselves. It shall, howevei', be in no sense an asylum for those who are helpless from age, infirmity, or otherwise, or a hospital for the treatment of blindness. § 4, same ch. § 1513. Upon the expiration of the term of oflRce of the present board of trustees, the governor shall, by and with the consent of tlie senate, appoint their successors, two of whom shall reside in the county wherein said institution • "An act to define the object of the New York State InetitatiOQ tor tlie Blind, uid to provide for its msnagoment," passed April Slth, 1807. RELATING TO THE BLIND. 457 ia located, and a maiority of whom shall reside within fifty miles of said institution, and at the first meeting of said board, after their appointment as aforesaid, tliey shall divide themselves by lot into thi-ee equal classes, Avho shall serve for two, four and six years, respectively, from the date of their appointments, and until their suc- cessors shall have been appointed, and every alternate year thereafter the governor shall, by and with the con- sent of the senate, appoint three trustees to till tbe places of those whose term of service will have expired, in accord- ance with tlie provisions of this section. § 5, cb. 744, 186Y. § 1514. In case of tiie declension of any member of vacancies, said board of trustees to act under his appointment, or of the occurrence of any otlier casual vacancy in the board, the governor shall forthwith appoint some suitable person to fill such vacancy, and the member so appointed shall serve out the tei-m of his predecessor. § 6, same cli. § 1515. The trustees shall 2'eceive no compensation as ^™'ye°f,o° such, but they may allow themselves mileage, at the same compenaa- rate as that paid to members of the legislature, for any mX'ago^o^ distance actually traveled in the service of tlit institution, este'un Nor shall any trustee be pecuniarily interested in any coutiacts. contract for buildings pertaining to the institution, or in furnishing supplies therefor. § 7, samp ch. § 1516. The board of trustees shall have charge of all ^°^;fjf°' the affairs of the institution, with power to make all trustees. necessary by-laws and regulations for their government and the proper management of the institution, as well as for the admission of pupils, and to do all else which may be found necessary for the advancement of its humane design. § 8, same ch. § 1517. They shall elect from their own number a presi- offlcers. dent, treasurer and secretary, together with such standing committees as they may deem necessary, and adopt a ^^^^^1°° common seal for the institution. § 9, same ch. § 1518. The treasurer shall have the custody of all the ireaBuror. funds of the institution, and pay out the same only upon properly authenticated orders of the board or its execu- tive committee. Before entering upon the duties of his His bond, office he shall give a bond, with at least two sureties to be approved as hereinafter stated, to the people of the state of New YorF in the penal sum of twenty-five thousand dollars, conditioned for the faithful discharge of his trust, which bond shall be approved by the state treasurer of this state, in whose office the same shall be filed, § 10, sanfe ch. 8 1519. The trustees shall have power to appoint a superin- o 1 . 1 •,_ij.iiiTi tendent competent and experienced superintendent, wJio sliall be and other the chief executive officer of the institution, together with °^°*"- 68 458 RELIEF OF THE POOR. Their terms of office and pay. Furniture. Provision a? to cloth- ing for thope ad- mitted to institution. Hemoval of pnpilp and duties of parents. I Neglect to provide the same. When pupil to be de- livered to ovei'pecrs of poor. Stdinlzed iiccounts respective counties. an efficient corps of instructors and other subordinate officers; prescribe the duties and terms of service of the same ; fix and pay their salaries, and for just cause re- move any or all of them from office. They shall likewise employ the requisite number of servants and other assist- ants in the various departments of the institution, and pay the wages of the same. § 11, ch. 744, 1867. § 1520. They shall purchase all furniture, apparatus and all supplies necessary to the equipment and carrying on of the institution in the most efficient manner. § 12, same ch. § 1521. "When any blind person shall, upon proper ap- plication, be admitted into the institution, it shall be the duty of his or her parents, guardians or other friends, to suitably provide such person with clothing at the time of entrance and during continuance therein, and likewise to defray his or her traveling expenses to and from the institution at the time of entrance and discharge, as well as at the beginning and close of each session of the school, and at any other time when it shall become necessary to send such person home on acf.ount of sickness or other exigency, ^nd whenever it shall be deemed necessary by the trustfees to have such person permanently removed from tlie institution, in accordance with the by-laws and i-egulations thereof, the same sliall be promptly removed upon their order, by his or her parents, guardians or other friends. § 13, same ch. § 1522. If the friends of any pupil from within the state of New York shall fail, through neglect or inability, to provide the same with proper clothing, or with funds to defray his or lier necessary traveling expenses to and from the institution, or to remove him or her therefrom, as required in the pi'eceding section, the trustees shall furnish such clothing, ])ay such traveling expenses, or re- move sucli pupil to the cai-e of the overseei's of the poor of his or her township, and charge the cost of the same to the county to which the pupil belongs ; provided that the annual amount of such expenditures on account of any one pupil shall not exceed the sum of sixty dollars. And in case of the death of any pupil at the institution, whose remains shall not be removed or funeral expenses borne by the friends thereot, the trustees shlill defray the necessary burial expenses, and charge the same to his of her county as aforesaid. § 14, same ch. § 1523. On the first day of October in each year, the trustees shall cause to be made out against the respective counties concerned, itemized accounts, separate in each case, of the expenditures authorized by the preceding section of this act, and forward tho same to the board or RELATING TO THE BLIND. 459 supervisors chargeable with the account. The board shall thereupon direct the county treasurer to pay the amount so charged to the treasurer of the institution fcg- the blind, on or before the first day of March next ensu- ing. § 15, ch. Y44, 1867. § 1524. The counties against which the said accounts ^g^/of^j^g shall be made out as aforesaid shall cause their respective same. treasurers, in the name of their respective counties, to collect the same, by legal process, if necessary, from the parents or estates of the pupils who have the ability to parents, pay, on whose account the said expenditures shall have fomp^SeS been made; provided that at least five hundred dollars' to pay. value of the property of such parents or estate shall be exempt from the payment of the accounts aforesaid. § 16, 1™"^' same ch. § 1525. The institution shall be entitled to receive Books copies of all books and other publications wliich are fydisu-ibu- distributed gratuitously by the state to township or l^^J county libraries, common .schools, academies, colleges and societies. It may also receive in the name of the _ ^^^ state, bequests or donations of money or any kind of property, but such money or property shall in all cases belong to the state, and be subject to its control ; pro- vided that the same shall not be diverted from the par- ticular object for which it shall be bequeathed or donated. § 17, same ch. § 1526. The board of trustees shall keep full and com- Eecoras of plete records of their proceedings, and make an annual j'nirof'' report of the same to the legislature, at the commence- J',.™'iee°'| ment of the regular session thereof, strictly accounting; Report to m detail for their expenditures, on account of the institu- tion, during the preceding fiscal year, of the state, setting forth the progress and condition of the several depart- ments of the institution, making such suggestions con- cerning its future management as they may deem essential, and submitting proper estimates of the tiinds needed for its support, as well as for building and all other purposes. § 18, same ch. § 1527. The state treasurer is hereby directed to pay Payment over to the board of trustees, upon the warrant of the pratTo'ns comptroller, all moneys which shall hereafter be appro- priated on account of the New York State Institution for ^Jj'\'^?" the Blind ; the general appropriations for the current the next support of the institution, to be paid in equal quarterly affect^chap. installments, and specific appropriations for building and jg^g^^^ggg other purposes, to be paid when needed by the trustees, post. § 19, same ch. § 1528. All drafts upon the state treasury on behalf of Drafts the institution shall be based upon orders of the board uf "tote. 460 RELIEF OF THE POOR. See post, next sec- tion. 5§ 1527 and 1B98 how not to be coustrced. New York Tnptitntion for the Elini) to cnntinne to have CU8- tddy. &c.. nntil New Turk State Inptitntion for the IJlind ready to receive. Exception iii» to Kings and New Tork counties. See New Tork and King6 coniities, ante. inconsist- ent acts. tvnstees, signed by the president and secretary of the same, and attested by the common seal of tlie institution. § 20, cb. 7U, 1S67. § 1529. Sections nineteen and twenty (sees. 152Y and 1528) of this act shall not be construed to alter, impair or affect the powers or duties of the building commis- sioners appointed under the provisions of chapter five hundred and eighty-seven of the laws of eighteen hun- dred and sixty-tive ; and nothing in this act shall be construed to interfere with the erection by said building commissioners of the State Institution for the Blind, in accordance with the plans heretofore approved by the governor, secretary of state and comptroller; and all moneys now or hereafter to be appropriated for the building of said institution shall be paid to said building commissionei-s for that purpose. § 21, same ch. § 1530. Tlie New York Institution for the Blind shall continue to have tiie custody, charge, maintenance and education of all such pupils as are now intrusted to tliem by the state, and of any others who maj be appointed prior to the opening of the state institution atJBatavia; and shall receive compensation from the state for the maintenance, education and support of said pupils in the same manner as is now, or has heretofore been provided, and iliall receive the same amount per capita from the counties from which said pupils are respectively appointed as is now paid for their clothing, until such period as tiie New York State Institution for the Blind shall be ready to receive such pupils, and shall then, witiiout reference to the term of years for which said pupils have been appointed under the existing laws, and received by said New York Institution for tiie Blind, transfer said pupils to said state institution ; provided, however, that they shall retain and continue to receive all pupils heretofore appointed, or hereafter to be appointed, from the counties of New York and Kings under the appoint- ment of the superintendent of public instruction, in like manner as is now provided by law. to be received, maintained and educated by the said New York Insti- tution for the Blind, which shall be compensated for their maintenance and education by the state; and for their clothing by the counties from wliich they are appointed, in like manner as is now done. § 22, same ch. § 1531. All actE and parts of acts inconsistent with the provisions of this act are hereby repealed. § 23, same ch. INSTITUTION FOR THE BLIND. . 461 AETICLE TWO. THE NEW YORK INSTinjTION EOE THE BLIND.* Section 1533. Sach institution to continue to receive pupils from New York and Kings counties. 1533. When to receive sucli pupils, and for Iiow long a time. 1534. Applications for admission, how to be made. 1535. Clothing for indigent pupils from New York and Kings ■ counties, how moneys to be raised for and paid over. 1536. Disposition of surplus pf such moneys. §1532. (The New York Institution for , the Blind) Appoint- 1 It .1 • . n .11 /. meuts to ehall retain and continue to receiv^e all pupils heretofore the New appointed or hereafter to be appointed from the counties tutlonfor " of New York and ^ings, under the appointment of the from now superintendent of public instruction, in like manner as is York and now^ provided bylaw to be received, maintained and edu- connHes. Gated by the said New York Institution for the Blind, yfj^i't^t^i^^"" which shall be compensated for their maintenance and education by the state, and for their clothing by the counties from which they are appointed, in like manner as is now done. Part of § 22, ch. 744," 1867. S 1533. The managers; of the New York Institution for EecepMon -r-»i. Ill 1 • 1 . 1 Of State the Blind are hereby aiithorized to receive, upon the pnpii^from appointment of the superintendent of public instruction, anTmngs made for a term not exceeding live .years, all blind per- ™n"t>«- sons, residents of the counties of New York and Kings, fn^?;'." between eight and twenty-live years of age, who, in the p°"b'ifa"°^ judgment of the board of managers of said institution, metraction. shall be of suitable character and capacity for instruction, • This institution was incorporated iintloi' chapter 214, 1S31, entitled "An act to incorporate the New York Ijislitation for the Blind," passed April 81, 1831. Hy eectiou one of said act, it is, besides' other things, declared that the pnrpose of said corporation is' that of Instructing children who hiive been born blind, or who may have become blind by disease or accident. By section.flvc of said act it is also declared that this act should continue and be in force until May 1st, 1852. By eection 1 of chapter 333, of 1852, passed y\pril 16, 1852, entitled "An act to continue in force an act to incorporate the New York. Institution for tho Blind, passed April 21,' 1831, and to extend the benefits Of said institu- tion," the said charter of this institution, viz,, said chapter 214, 1831, is " contin- ued in force from and after the 1st day of May, 1852." Section 1 of chapter 214, 1831, was by section 1, chapter 193, 1!J48, amended, and said section 1 of said last- mentioned chapter was repealed by sect.lon 9. chapter 411, 1862, entitled "An act to incorporate the Blind Mechanics' Association, to be lociited in the city of New Yoi*," passed April 21, 18M. By sectiou 2 of chapter 193, 184,-i, certain moneys were appropriated Tjy'thellegislatnre for'the erection of n-orkshopa. warerooms, dormitories and other buildinLfs of such institution necessary for providing an asy- lum and employment for the adult blind, b "An act to define the objects of the New York State Institution for the Blind, and to provide for its management." Passed April 24, 1SH7. By said twenty-second section of said act, the said New York Institution for the Blind Lit was also furtheir provided] should have the custody, charge, maintenance and education of all such pupils as were at the date Of the said act hitrusted tliem by the state, and of any others who may be appointed prior to the opening of the said New York state in- Btitutiou, and should receive compensation from the state for the maintenance, education and support of said pupils, in the same manner as was then or had thereto- fore been prpvided, and shoulcf receive the same amount per capita froni the counties from which said pnpils are respectively appointed, as was at the date of said act paid for their clothing, until snoh period as the New York Institution for the Blind shall bp ready to receive such pupils, and.shpuld then, without reference to Uie term of years for wiiich said pupils nave been appointed under existins^ laws, and received. by said Ifew York lustitatioo for the Blindi transfer said pupils to said state iuatitution. 462 RELIEF OF THE POOR. Extension of terms. Applica- cations for admissions. SupervisorB of New York and Kings counties to furnish clothing. To pay fifty dollars for each indi- gent pnpil. Dlyposltion of tnrplus. and shall have chars^e of their maintenance, education and support, and shall receive compensation therefor from the state in the same manner as is now provided by law. The term of such appointments may be extended, from time to time, by the superintendent of public instruction, on the recommendation of the board of managers of the said New York Institution for the Blind, for snph further period as they may deem advantageous in each individual case. § 1, cli. leS," 1870.^ § 1534. Application for admission into the institution shall be made to the board of managers, and each appli- cation shall set forth the age, the fact of blindness, and that the applicant is a legal resident of the town, county and state claimed as his orher residence, with such other information as the board may require ; and each applica- tion shall be sworn to by the applicant, or his or her parents or guardian, and shall bo signed by at least one member of the board of supervisors of the coiinty in which the applicant may reside, and also be recom- mended by the president and superintendent of the said institution, and transmitted by the said institution to the superintendent of public instruction. § 2, same ch. § 1535. The supervisors of the county of New York or Kings, from which state pupils shall be sent to and received in the said institution, whose parents or guard- ians shall, in the opinion of the superintendent of public instruction,'' be unable to furnish them with suitable clothing, are hereby authorized ' and directed, in every year while such pupils are in said institution, to raise and appropriate fifty dollars for each of said pupils from said counties respectively, and to pay the sum so raised to the said institution, to be by it applied to furnishing such pupils with suitable clothing while in said institution. I 3, same ch. § 1536. If in any year hereafter there shall be any sur- plus of the amount above required to be paid yearly by the said counties for clothing for pupils from said coun- ties respectively, then such surplus shall be deducted pro rata the ensuing year from the amount above required to be paid by the said counties respectively. § 4, same ch. • An act to amend an act entitled "An act (ch. 383, 1832) to continue in force 'An act (ch. 214, 1831) to incorporate the Kew Yorli Institution for the Blind,' passed April twenty-first, eigliteou hundred and thirty-one. and to extend the benefits of said institution," passed April sixteenth, eighteen hundred and fifty-two. Passed April 9, 1870 ; three-fifths being present. b The superintendent of public instruction is hereby authorized to visit and Inspect the New York Institution for the Blind, in all its departments, to rejiort to the legislature such matters and things as he may deem necessary, and in the selection and appointment of pupils he may, in those cases where in his opinion absolute indigence is not established, require and impose conditions wnereby some proportionate share of the expense of educating and clothing euch pupOs shall De paid by their pai«nt8 or guardians, in encb way, manner and time as he may designate. 1 6, ch. SOS), 1889. as amended by ob. 851, 18a& . INSTITUTIONS FOR THE BLIND. 463 AETICLE THEEE. OTHEE MATTERS RELATING TO INSTITUTIONS FOE THE BLIND. Section 1537. Object of Blind Meclianics' Association. , 1538. Powers and duties of managers ; who may become mem- bers of tlie association. 1539. Object of New York board of trustees, auxiliary, etc. § 1537. The leading objects [of the Blind Mechanics' BiinffMe- Association] are hereby declared to be to promote the AMoSation welfare of the adult blind by assisting- them in procuring work or employment, and thereby aiding them in earning their own livelihood ; and it shall not in any sense be considered or conducted as a poor-house, asylum br hos- pital. § 2, ch. 411, 1862. ■ § 1538. The managers of said ass,ociation shall have f^^t-^"' power to purchase or lease suitable work-shops and ac- powei-Bandi commodations for the blind mechanics who shall become members of this association, to admit to membership any adult blind mechanic, either male or female, who is a citizen of the state of New Tork of good moral character, to receive as apprentices such blind persons from all parts of the state as they have means to accommodate, and to regulate the conditions on wMch such members and ap- prentices shall be received, and to expel any member for Members of improper conduct ; the regulations prescribing the ad- J°jSin°'"' mission of members and apprentices to be improved by the superintendent of public instruction. They shall also have power to purchase materials, and manufacture and sell such articles as the members of the association are competent to manufacture. § 3, same ch. § 1589. The objects of this incorporation [" The New New York York State Board of Trustees, auxiliary to the National of Trustees Board of Trustees, or Board of Regents, of the American t^e Natfo'n- Printing House and University for the Blind,"] shall be ^^^^1^°^ to aid the blind of the state of New Tork in acquiring a thTlmeH- iMore liberal , education than is now provided for them, inghoi"e by providing for their use books in raised print and the foj^'^« means for obtaining a collegiate education. § 2, ch. 431, 1868. 464 RELIEF OF THE POOR. CHAP. LXX. DEAF AND DUMB. Section 1540. Deaf children under twelve years of age who are, or are likely to become, a town or county charge, when to be placed by the supervisors or 'overseers in New York Institution for the Deaf and Dumb, or in the Institution for the improved instruction of deaf mutes. 1541. Application to have child sent to such institution ; hy whom and to whom made, and how ; duty of over- , seer or supervisor in respect thereto. 1542. Institution for the improved instruction of deaf mutes certain laws made applicable to. 1543. Expenses of such children in said institution a county charge. 1544. How such expenses to be raised and collected, the extent thereof, and how to be paid. 1545. Institution subject to visitation of superintendent of public instruction, and duties of such superintendenlt- 1546. Provisions of sections 9 and 10, ch. 555, 1864, extended' 1547. Applicants between 12 and 25 years for admission in the institution for the deaf and dumb, or into insti- tution for deaf mutes, who entitled to such admission and how to proceed in order to obtain it. 1548. Board and lodging of the pupils, how to be supplied and paid for ; term of instruction. 1549. Time of adraissi^ of pupils in either institution may be regulated by superintendent of public instruction. Dntyof § 1540. Wlienever a deaf mnte child, under the age of Bupcrvlsore twelve yeai%, shall become a chai-ge for its maintenance cicnf™nd^ on any of the towns or counties of this state, or shall be .""h Td' liable to become sncli charge, it shall be the dnty of the overseers of the poor of such town, or of the snpervisors of such county, to place such child in the New York in- stitntion for the deaf and dumb, or in the institution for the improved instruction of deaf jnntes. § 1, ch. 325,» 1863, as amended by § 1, ch. 180, 1870. Application § 1541. Any parent, guardian or friend of a deaf mute leorsoVtho «liild witliiu this state over the age of six years and poor, Ac. under the age of twelve 3'ears, may make application to the overseers of the poor of any town, or to any super- visor of the county where snch child may be, showing by satisfactory affidavit, or other proof, that the health, morals' or comfort of such child may be endangered or not prop- erly cared for, and thereupon it shall be the duty of such overseer or supervisof", if satisfied that the parents or natural protectors of snch child are, or such child is, in » "An act to provide for the care and edncation of indigent deaf mates under tlte age of twelve years," passed April 29, ISiiS ; tbree-Sftlu boiog present. DEAF AND DUMB. 465 indigent circumsfances, to place such child in the New York Institution for the Deaf and Dumb, or in the insti- tution for the improved instruction of deaf mutes. § 2, ch. 325, 1863,as amended by § 1, ch. 180, 1870. 154:2. All provisions of law now existing, fixing the Provisions expense of the board, tuition and clothing of children piiJabie*to under twelve years placed in the New York Institution jp^'j'lj""'"' for the Instruction of the Deaf and Dumb, shall apply proved in- to children who may, froin time to time, be placed in the fia^m^tel said Institution for the Improved Instructioh of Deaf Mutes, in the same manner, and with the like effect, as if said last-mentioned institution had also originally been named in the acts fixing such compensation, and as if said acts had provided for the payment thereof ^o the institu- tion last mentioned, and the bills therefor, properly au- thenticated by the principal, or one of the officers of the said last-mentioned institution, shall be paid to said insti- tution by the counties respectively from which suchchil-. dren were severally received, and the county treasurer or chamberlain, as the case may be, is hereby directed to pay the same on presentation, so that the amount thereof: may oe borne by the proper county. § 2, ch. 180, 1870.. §1543. The children placed in said institution in. pur- Poorchii- suance of the foregoing sections (sections 1 and 2, Ch. 325, mlSjtained 1863, as amended by sectiota 1, ch. 180, 1870) shall be maiur tained at the expense of the county from whence they came, provided that such expense shall not exceed two hundred and thirty dollars each' per year, until they attain the age of twelve years, unless the directors of said institu- tion shall find, as to any such child, that it is not a proper subject to remain in said institution. § 3, ch. 325, 1863, as amended by ch, 725, 1867. § 1544. The expenses lor the board, tuition and cloth- ExpeneeB ing of such deaf mute children, placed as aforesaid in said pnpS™ institution, not exceeding the amount of two hundred hOTv'to So* and thirty dollars per year' above allowed, shall be raided, raised and collected, as other expenses for the support of the poor of the county from which such children shall be received ; and the bills therefor, properly authenticated by the principal or one of the officers of said institution, snail be paid to said institution by the said county, and its county treasurer or chamberlain, as the case 'may be, is hereby directed to pay the same on presentation, so that the amount thereof may be borne by the proper county. §>, ch. 325, 1863, as amended by ch. 725, 1867. § ,1545. The institution for the instruction of the deaf Dntrpf and dumb, the finstitution for the improved instruction of tenlenTof . ' ♦ . pnbllc in- • Two linndred and thirty dollars substituted in place of " One linndrsd and fifty dollars," to conform to the modification made by ch. 725, 1867. 59 466 RELIEF OF THE POOR. respect to the Inetltn- tione for deaf and dumb matei, &c. stmction in deaf mutes], the New York Institution for the Blind, and all other similar institutions, incorporated or that may be hereafter incorporated, shall be subject to the visitation of the superintendent of public instruction, and it shall be his duty : 1. To inquire, from time to time, into the expenditures of each institution, and the systems of instruction pur- sued therein respectively. 2. To visit and inspect the schools belonging thereto, and the lodgings and accommodations of the pupils. 3. To ascertain, by a comparison with other similar institutions, whether any improvements in instruction and discipline can be made ; and for that purpose to appoint, from time to time, suitable persons to visit the schools. 4. To suggest to the directors of such institutions and to the legislature such improvements as he shall judge expedient. ' 5. To make annual report to the legislature on all the matters before enumerated, and particularly as to the con- dition of the schools, the im'provement of the pupils, and their treatment in respect to board and lodging. §8, title 1, ch. 555, 1864,' as modified by eh. 180, 1870. § 1546. Sections nine and ten (sees. 1547, 1548) of title one of an act (ch. 555) entitled "An act to revise and consoli- Certain acta applicable to «ach 1q- ttitntlon. > An act to lovUe and conaolldate the general acts relating to public In- etraetion, passed May 2, 1864 ; three-fifths being present. Section 8 of eiald act sflpersedes sections 1 and 2 of title 3, ch. IS, part 1, B. S. (I'R. S. 4W.) Sections 9, 10 and 11 of said act it is quite apparent have superseded ch. S72 of 1864, en- titled "An act in relation to the New Tork Inetltntlon for the Instnict'on of the Beaf and Dumb," and therefore said chapter 272 of 1854 is omitted. The follow- ing Is ch. 223. 1888 : 1 1. It shall be the duty of the overseers of the poor in each town to ftirnlBh the snperintendent of [public instruction] with a list of the deal and dumb per- sons in their respective towns, so far as they can ascertain them, vrith J»uch par- ticulars in relation to the condition of each as shall be prescribed by the said saper- Istendent. i 2. Prom the list thas obtained the snperintendent may select as state pnplls, snch as are properly embraced within the provisions of the existing laws, ana make snch regulations and give snch directions to parents and guardians iii relation to the admission of pupils, at stated periods^ as will remove the inconvenience of havingpuptls of the same class entering the school at different periods. ^ 3. The notice required by this act to be given to the overseeis of the poor shall be in lieu of the notice required by the third section of the "Act to provide for the instnictlon of the indigent deat and dumb within this state," passed April 16th, 1822, and whenever vacancies occnr in the pupils from a senate district, those vacancies may be filled from the list of that district kept by the superintendent of common schools without delay. By the following laws provision was also made for educatfng pupils at the New York Institution for the Inatraction of the Deaf and Dumb. By chapter 284 of 1828, four from each of the eight senate districts : by chapter 170 of 1830, three addi- tional from each of the eight senate districts : by chapter 109 of 1833, fire ad- ditional from each of the eight senate districts; by chapter 228 of 1836, three additional from each of the eight senate districts ; bv chapter 174 of IWU, one ad- ditional from each of the eight senate districts ; 'by chapter 14 of 1846, lonr additional from each of the eight senate districts ; by chapter 97 of 1852, one ad- ditional from each of th'o thirty-two senate districts; by chapter 115 of 1863, it was made lawful for the superintendent of common schools lo continue at said .nstitntlon, for not exceeding three years, snch pnpils as may have completed the regular term of instruction, provided the whole number of state pnpils should not annually exceed the number then authorized by law. The act entitled "An act to incorporate the members of the New York Institution for the Inetrnetion of the Deaf and Dnmb," passed April IS, 1817, was by ch. .360 of 1862, re-enacted and ex- tended for tbe term of twenty-five years from ioA atter April 1st. 1862. DEAF AND DUMB. 467 date the general acts relating to public instruction," passed May second, eighteen hundred and sixty-four, are hereby amended so that the same shall extend and apply to the said " Institution for the Improved Instruction of Deaf Mutes" in the like manner, and with the like effect,, as if said last-mentioned institution, as well as the others therein mentioned, had originally been named in the said sections respectively. § 3, ch. 180, 1870, , . § 1547. Every indigent person, resident in this state, JSsion. between twelve and twenty-five years of a^e, whose parent or parents, or, if an orphan, whose nearest friend, shall have been resident in this state for the three years preceding, and who may make application for that pur- pose^ shall be received, if deaf and dumb, into the Institution for the Deaf and Dumb [or into the Insti- tution for the Instruction of Deaf Mutes], and, if blind, into the New York Institution » for the Blind, provided Iiis or her application be approved by tlie superintendent of public instruction ; and in those cases where, in his opinion, labsolute indigence is not established, he may ap- prove of sUch application, and^ at the same time, may im- pose conditions, whereby some proportionate share of the expense of educating and clothing such pupils shall be paid into the treasury, by their parents, guardians, or friends, in such way and manner, and at such time or times, as he shall designate, which conditions he may sub- sequently modify as he shall deem expedient. § 9, title 1, ch. 555, 1864, as amended by §3, ch. 180,1870. § 1548. Each pupil so received into either of the insti- Board and tutions aforesaid shall be provided with board, lodging ^°ai^f °' and tuition i"" and the directors of the institution «hall receive for each pupil so provided for, the sum of dollars per annum, in quarterly payments, to be paid by the treasurer of the state, on the warrant of the comp- troller, to the treasurer of said institution, on his present- ing a bill showing the actual time and number of such pupils attending the institution, and which bill shall be signed by the president and secretary of the institution and verified by their oaths. The regular term of instruc- tion for such pupils shall be five years ; but the superin- tendent of public instruction niay, in his discretion, iMSctioit extend the term of any pupil for a period not. exceeding three years. The pupils provided for in this and the pre- » See ante, sectionB 1S32-1B35, modifying these provieions so far as the New Tork Institution for the Blind is concernedT ' The following Is section 3 of ch. 244 of 1888, entitlnd "An act In relation to the New York Institntion for the Instruction of the Deaf and Dumb " as amended by ch. 886, 1864, viz. : " The supervisors of any county In this state ftom which county pupils may be selected, whose parents and guaroians are unable to furnish them with suitable clothing, arc hereby authorizedand required to raise in each year for this purpose, for each such pupil from said county the sum of thirty dollars." 468 RELIEF OF THE POOR. ceding section of this title, shall be designated state pupils ; and all the existing provisions of law applicable to state pupils now in said institutions shall apply to pupils herein provided for. § 10, title 1, ch. 555, 1864. rime of . §1549. The superintendent of public instruction may admiuion. make such regulations and give such directions to parents and guardians, in relation to the admission of pupils into either of the above named institutions, as wul prevent pupils entering the same at irregular periods. § 11, same title. CHAP. liXXI. RELATmG TO " THE SOCIETY FOR THE AID OF FRIENDLESS WOMEN AND CHILDREN." Bbction 1550. Such society incorporated, to be subject to the provi- sions and restrictions prescribed by the revised stat- utes, and to have power to take property by gift, be- quest, devise or purchase, subject to certain restric- tions. 1551. Objects of such society. 1552. Its affairs, how to be. managed, and managers how chosen, number of managers limited ; vacancies in board of managers, how to be supplied. 1553. Board of managers, how many members thereof to con- stitute a quorum ; when a majority of all the man- agers to be present in order to transact business. 1554. By-laws, etc., board of managers may enact, 1555. Children, under what circumstances may be received and taken under the care and management of the corporation ; for how long a time ; such corporation to be guardian to have power to bind out children, etc. 155G. Indentures of binding out, when may be canceled, and the effect of such cancellation. 1557. Proceedings in case indentured child is not properly treated, and the powers and duties of certain judges, justices, and justices of the peace in respect thereto; liability of the master in case of ill-treatment toward such child. fa'th?ilil' § 1550. Elvira C. Jackson, Catharine Dur^'ea Elwell, ^f^went Carrie E. Brett, Sarah M. Trask, Martha B. Cutting, andcMi- Carrie McDonald, Lizzie G. Meacham, Elizabeth L. Bos-. SSSwd!"' man, Maria D. Heaton, Stella Mitchell, Sarah S. Cooper, Adriana Genung, Ann E. Martin, Sarah B. Bayliss, Maria B. Hu mph rey, Laura C. Douglass, Elizabeth W. Wyckoff, Latitia W. Allis, Mary E. Hartt, Aletta Duryea, Ellen Woolsey, Abigail Bulkley, Mary S. De Lamater, Janet Tilney, Ella C. Knowlton, Ann Brower, Sara A. Trior, Annie Eaton, Harriet L. Packer, Mary White, Frances FRIENDLESS WOMEN AND CHILDREN. 469 M. Allen, Margaret S. Barnes, Harriet Sheldon, Mary L. Stone and Caroline O. Bogert, and their associates and successors, are hereby constituted a body corporate by the name of " The Society for the Aid of Friendless "Women and Children," and by that name shall have and it» poweri possess all the powers and privileges, and be subject to fagee.' the provisions and restrictions prescribed and' specified in title three, chapter eighteen, part one of the Revised Statutes, and shall have power to take real and personal estate by gift, devise, demise, bequest, subject to all the provisions of law relating to devises and bequests by last will and testament, or purchase ; but such real estate shall not exceed the yearly value of fifteen thousand dol- lars. § 1, ch. 472," 1870. § 1551. The objects of said corporation shall be to aid {^co™i«- destitute and friendless women and children to help tion. themselves by providing a temporary home, where they may receive proper moral and intellectual culture, until they shall be provided for otherwise. It shall be a prominent object to find them employment and a home where their services are needed, and where they may be surrounded by the best social and moral influences. § 2, same ch. § 1552. The property, business and affairs of said cor- AflSfrs how poration shall be managed by a board of managers, to be aged; man- chosen from the different churches and religious denomi- Sfoae^^imd nations in the city of Brooklyn, and the persons named P^^u^f in the first section of this act shall constitute the first ited. board. All vacancies which may happen in the board shall be filled by the board at such time and in such manner as may be provided in the by-laws of said cor- poration. The number of managers may be increased from time to time, not to exceed the number of one hun- dred, and provision be made for the election thereof in by-laws to be enacted for that purpose. § 3, same ch. § 1553. At all meetings of the board of managers, nine Quornm. members thereof shall constitute a quorum for the trans- action of ordinary business; but no purchase, sale or other disposition of real estate, or any interest therein, j^^.^^^. nor appointment or removal of any officer of the oorpo- present ration, nor election to fill a vacancy in the board, nor any q^tiv^f" contract involving an expenditure of more than five hun- dred dollars shall be made, nor any by-law be adopted, amended or repealed, without the presence of a majority of all the managers. § 4, same ch. 8 1554. The board of managers shall have power to By-laws, ° ^ ^ &c.,how ——-—-——-————--—-——-———— —^——^—— ——-—^-— adopted. » "An act to Incorporate the society for the aid of friendless women and chil- dren." Passed AprQ S8, 1870. 470 Children Vfiio may be received by corpora- tion, and how and under what circum- f>tance8. Powers of corporation as to bind- ing ont'of children, and its duties in respect thereto. Indentures when may 06 cancel- ed, and its effect. Proceed- ings in case indentured child not properly treated. RELIEF OF THE POOR. enact by-laws not inconsistent with the laws of this state ; to provide for the calling, holding and order of business at the meetings of the society and of the board ; for the qualifications for membership and of the managers and officers ; for the election and appointment of managers, officers and committees ; to prescribe their powers, terras of office and duties ; and generally, for the government of the society and the regulation of its business. § 5, eh. 472, 1870. § 1555. The said corporation may receive and take under its care and management children under the age of fifteen years, whose parents, nearest relatives or guard- ians, by an instrument in writing, may voluntarily sur- render and intrust to said society, until they shall arrive at the age of twenty-one years in males, and eighteen years in females, or any shorter time ; and the said corporation shall thereupon become and be constituted the guardian of such children, and shall have the power, when the children in their care shall respectively attain a proper age, to place them at suitable employments, and cause them to be instructed in suitable branches of knowledge, at discretion ; to bind out by indenture such children, as clerks, apprentices or servants, to some profession, trade or emploj'ment, for such time or period as they may deem proper, not exceeding the time for whicli they may have been surrendered as aforesaid ; and the said corporation shall take care that such bound or apprenticed children are properly cared for, fed, clothed, sheltered and kindly treated, and that the contract is fully observed, § 6, same ch. § 3 556. Any indenture or contract of service by which any child shall have been bound out, under the provis- ions of this act, may, by mutual consent of the said cor- poration and the person entitled to such service, be can- celed and annulled upon such terms and conditions as may be agreed upon, and thereupon the said corporation shall resume the charge and management of such child, and have the same power and authority with regard to it as before the indenture or contract of service was made. § 7, same ch. § 1557. If the person entitled to the service of any child surrendered to, and bound out by, the said corpora- tion as aforesaid shall neglect or refuse to properly care for, feed, clothe, shelter and kindly treat, or suflfer the said child to be cruelly treated or abused, or to lack any of the necessaries of life, or shall violate any of the terms of the indenture or contract of service under which said child is held, such child, or the said corporation, or any RELATING TO INTEMPERAN(;E. 471 person on behalf such child or corporation, may make complaint thereof to a justice of the supreme court, to J"''*" *"* the county judge, or to any justice of the peace of the indges and county wliere such child is held tp service, or to the ISfpeacein mayor, recorder, an alderman, city judge, or any other l^^l^ magistrate of any city where such child is so held to ser- vice, who shall thereupon summon the said person so complained of to appear before him, and shall examine into, hear and determine such complaint, and if, upon such hearing, the said complaint shall appear to be well- founded, he shall, by certificate in writing, discharge such child from the obligation of service, and restore such child to the charge and custody of such corporation, and the said person of whom complaint was made shall be liable to the said corporation in a civil action for the breach of the agreement. § 8, ch. 472, 1870. CHAP. liXXII. EELATING TO INTEMPERANCE AND THE SALE OF INTOXICATING DRINKS. Sbctidk 1558. Board of commissioners of excise, and the number of members thereof; in towns and villages, how to be composed ; quorum thereof. 1559. Appointment of commissioners in cities, how to be made ; powers of commissioners to act as a board ; their term of office and salaries; vacancies in office • of commissioners, how supplied, and removals, how effected. 1560. Commissioners, when and how often to meet ; duration of licenses, granted by them. 1661. Licenses, to whom may be granted ; license fee ; appli- cations for license, how to be made ; unlicensed per- sons, when may sell liquors. 1562. Sales between one and five A. M. prohibited. 1563i. Chapter 578, 1866, repealed, and chapter 628, 1857, how to be construed. 1563. Neither town or village commissioner of excise to ap- point clerk to board; pay of town and village com- missioners ; moneys arising from licenses, how to be applied. 1564. Certain provisions of chapter 175, 1870, not until Janu- uary Ist. 1873, to extend to territory included in the Niagara frontier police district. 472 RELIEF OF THE POOR. SscnoM' 1565. Powers and duties of commiBSioners. 1566. Commissionera to keep a book of minuteB, what book to contain. 1567. Licenses to be signed by commissioneTB, and duration of such lisenses. 1568. Commissioners to make annual report to board of su- pervisors. 1569. Such report to be in writing and to contain a true state- ment of all moneys received, etc 1570. Report to be verified and to be indorsed by statement of county treasurer. 1671. Inconsistent acts repealed. 1572. Clerk not to be appointed in town or village ; board of commissioners. 1573. Clerk may take acknowledgments and aflSdavits ; com- missioners to receive no fee for licenses. 1574. Certain licenses not to be granted except upon compli- ance with certain conditions. 1575. License not to be granted until applicant has executed bond to people of state. 1576. Beds, stabling, hay, etc., to be provided for accommo- dation of travelers ; penalty for neglect. 1577. Sign to be put up by every hotel keeper within thirty days after license is obtained ; penalty for neglect. 1578. No recovery to be had when inn keepers trust others than lodgers for spirituous liquors. 1579. Licenses to sell less than five gallons ; in certain cases to contain declaration that they shall not be deemed to authorize sale of liquors to be drank on premises. 1580. Such licenses not to be granted except on compliance by applicant with certain conditions, 1581. Penalty for selling liquors in quantities less than five gallons, 1682. Penalty for selling liquors without license. 1683. Hotel keepers prohibited from selling to Indians, ap- prentices or minors, without consent of master, guardian, etc. ; penalty for violating provisions of section. •1584. Duty of sheriff" and certain other oiBcers when persons are found violating this act ; duty of magistrates, 1585. Duty of such officers when persons are found intoxi- cated in public places. 1586. Metropolitan police district excepted. 1587. License for sale of ales and beers in certain cases. 1588. Forfeiture for sale or gift of spirituous liquors to in- toxicated persons. 1589. Duty of magistrates and overseers of the poor, on proof that husband, wife or child are habitual drinkers of intoxicating liquors. 1590. Unlawful to sell intoxicating liquors to habitual drunkards and paupers ; penalties for violating pro visions of this section. 1591. No intoxicating liquors to be sold on Sundays, or on election days, within one quarter of a mile from place where election held ; penalty for violating provisions of section. RELATING TO INTEMPERANCE. 473 Sbotiok 1593. Penalty, with certain exceptions, to be sued for by com. misaioners and paid to county treasarer for the sup- port of poor. 1593^. Bonds taken under this act to be filed. 1593. Where breach of condition, commissionera, supervisor of town, mayor of city, etc., to prosecute for penalty. 1594. In case of any conviction or judgment, court must transmit statement to next court of sessions. 1595. License of persons violating^ provision of act may be revoked, and how. 1596. Persons whose license revoked not to sell within three years from the time of revocation. 1597. Persons selling contrary to provisions of this act to be liable for all damages ; parties offending, how sued. 1598. Courts to instruct grand jurors. 1599. If any person whose duty it is to prosecute for penalties neglect to do so, any person can prosecute. 1600. Incorporated companies and individuals, when to refuse employment to persons indulging in intemperate use of intoxicating drinks; penalty for violating provi- sions of section. * 1601. Persons against whom judgments recovered under this act not to be entitled to liberties of jaU. 1603. BepeaJ of certain acts. 1603. Assignment or pledge of articles exempt from execu- tion, void if made for- liquors. 1604. Penalty for sale of intoxicating drink to Indians. 1605. Forfeiture for receiving pledges from Indians for liquors. 1606. Courts of special sessions may try offenders 1607. Fines, how disposed of. §1558. There shall be a board of coramissioners of excise Boardaof in each of the cities, incorporated villages and towns of eommis- this state. Such boards in cities shall be composed of oxoIb" three members, who shall be appointed as hereinafter provided. In incorporated villages they shall consist of ^^^ ^^ ^^ three members of the board of trustees, one of whom shall be president, to be annually designated by such board of trustees ; and in towns they shall consist of the supervisors aind justices of the peace thereof, for the time being respectively. Any three members shall be compe- Qoomm. tent to execute the powers vested in any town board ; and in case the oflBce of supervisor be vacant or there be not two justices in the town, then the town clerk shall act in their places respectively. § 1, ch. 175," 1870. § 1559. The mayor of each of the cities, except in the Appoint-' cities of New York and Brooklyn, shall appoint the com- fom^L missioners of excise in their respective cities within ten jioners: ••■ now to D© • An act reenlsting the sale of intoxicating liqaors. Passed April 11, 1870 ; three-flftha being present. 60 made in cities. 474 RELIEF OF THE POOK. Powers to act as a board. Terms of office and fialaries of commis- sioners in cities. Vacancies in office of comrois- hioners, hew sup- plied, and removals how effect- ed. Meeting of commis- eioners. Licenses. When to expire. Licenses, to whom may be granted. 1 P.C.R.601; SUHow. 46. day8 after the passage of this act ; but in the cities of New York and Brooklyn the mayor shall nominate three good and responsible citizens to the board of aldermen of such cities respectively, who shall confirm or reject such nominations. In case of the rejection of such nominees, or any of them, the mayor shall nominate other persons as aforesaid, and shall continue so to nominate until the nominations shall be confirmed. The present commis- sioners of excise for the metropolitan district and the commissioners for the counties shall continue to exercise the duties of the ofiice until such appointments, or some one of them, shall be appointed in such cities respect- ively, as herein provided. Any one or more of the com- missioners so appointed shall have the power to act as a board of excise for the city in which he shall be appointed until the others shall be duly appointed. Commissioners of excise in cities shall hold their ofllces for three years and until others thall be appointed in their places, and shall receive a salary not to exceed twenty-five hundred dollars a year each, to be fixed by the mayor and common council of their respective cities, and shall be paid as other city oflScers are paid. On the first Monday of April, in every third year hereafter, the mayor and board of aldermen shall proceed to appoint, in the manner above described, persons qualified as aforesaid to be such commissioners of excise in their respective cities for the next three years, commencing on the first day of May in that year, and shall, from time to time, as often as va- cancies shall occur, appoint persons qualified as aforesaid to fill the unexpired term of any commissioners who shall die, resign, remove from the city, or be removed from office. Such commissioners of excise in cities shall be removed for any neglect or malfeasance in office, in the same manner as provided by law for the removal of sheriffs. § 2, ch. 175_, 1870, § 1560. The commissioners of excise shall meet in their respective cities, villages and towns on the first Monday of May in each year, and on such other days as a majority of the commissionei-s shall appoint, not exceeding once each month in any year in any town or village, for the purpose of granting licenses as provided by law. In cities they shall meet on the first Monday of each month, and as often as they shall deem necessair. All such licenses shall expire at the end of one year from the time they shall be granted. § 3, same ch. § 1561. The board of excise in cities, towns and vil- lages shall have power to grant licenses to any person or persons of good moral character, who shall be approved . RELATING TO INTEMPERANCE. 475 by them, permitting him and them to sell and dispose of at any one named place within such city, town or village, strong and spirituous liquors, wines, ale and beer, in quantities less than five gallons at a time, upon receiv- ing a license fee, to be fixed in their discretion, and which License fee. shall not be less than thirty nor more than one hundred and fifty dollars. Such licenses shall only be granted on written written application to the said board, signed by the ap- fPP|i^„ ™ , " plicant or applicants, specifying the place for which li- to be made, cense is asked, and the name or names of the applicant oi" applicants, and of every person interested or to be in- terested in the business, to authorize which the license shall be used. Persons not licensed may keep, and in quantities not less than five' gallons at a time sell and Quantities dispose of, strong and spirituous liquors, wines, ale and flve^gauons beer, provided that no part thereof shall be drunk or *°* °™'" used in the building, garden or inclosure communicating with, or in any public street or place contiguous to, the building in which the same be so kept, disposed of or sold. • § 4, ch. 175, 18Y0. § 1562. Licenses granted, as in this act provided, shall Licenses not authorize any person "or persons to expose for sale, thorize or sell, give away or dispose of, any strong or spirituous between liquors,Vine8, ale or beer, oti any day, between the hours ^ anasA.n. of one and five o'clock in the morning ; and all places, licensed as aforesaid, shall be closed and kept closed between the hoiirs aforesaid. § 5, same ch. § 1562^. The act entitled "An act (chapter 578) to regu- Bep^i ot^ late the sale of intoxicating liquors within the metropoli- and con- ' tan police district of the state of New York," passed eS™^?^''' April fourteenth, eighteen hundred and sixty-six, is hereby rejJfealed, and the provisions of the act (chapter 628) passed, April sixteenth, eighteen hundred and fifty- seven, except where the same are inconsistent or in con- flict with the provisions of this act, shall be taken and construed as a part of this act, and be and remain in full force and efiect throughout the whole of this state. § 6, same ch. § 1563. In no town or village shall ' the commissioners Town or of excise, created by this act, appoint a clerk of the board S?*aMne°" of excise. The pay of commissioners of excise in towns po^\%*P;^ or villages shall be three dollars per diem. The moneys Theirpay arising from licenses in any town or village shall be de- posited with the county treasurer within thirty days after receiving the same,.to be expended under the direction of the board of supervisors at their next annual meeting, for the support of the poor of such town. Moneys arising JJoneys from licenses in cities sliall be paid into the treasuries ot f/omif- Buch cities respectively. The book of minutes kept by appuli'''"' 476 RELIEF OF THE POOR. CommlB- ■ionors of excise of Niagara Frontier Police Dig. trict not affected by act, nntil January lit, wta. Powers and dntteB of commis- eioners. 8P. C. K. 601; 18 How. 46.- 18 How. aos. CommtB- sioners to Iceep a book of mluntea. the commissioners of excise in any town or village, except when in use by such commissioners, shall be deposited in the clerk's oflSce of such town or village. The expenses of procuring necessary books for minutes and necessary blanks, in any town or village, when actually incurred, shall be audited and paid in like manner as other town or village charges. § 7, ch. 175, 1870. § 1564. The provisions of this act, as to the appoint- ment of commissioners of excise in each of the cities of this state, their tenure of office, the supplying of vacancies, and their removal from office, shall not extend to the ter- ritory included in the Niagara frontier police district until the first day of January, in the year one thousand eight hundred and seventy-two. And at all times here- after, up to the last-mentioned day, the board of police commissioners of the said police district shall continue to be the board of commissioners of excise in and for said district and the territory embraced therein, as now pro- vided by law, subject to the provisions of this act ; and up to the time aforesaid all fees for licenses which shall be issued by the said board, and all fines and penalties herein provided for, shall be received by said board of police commissioners of said Niagara frontier. police dis- trict, and shall be paid into the Niagara police fund, for the use and benefit thereof, as now provided ty law. § 8, same ch. § 1565. [The commissioners of excise] shall have power to grant licenses to keepers of inns, tayerns, or hotels, being residents o f the town or city where such inn, tavern or hotel is proposed to be kept, to sell strong and spiritu- ous liquors and wines to be drank in their houses respect- ively ; and to storekeepers being such resident*, a license to sell such liquors and wines in quantities less than five gallons, but. not to be drank in their shops, houses, out- ouses, yards, or gardens. Part of § 2, ch. 628," 1857, as amended by § 1, ch. 143, 1858. § 1566. They shall keep a book of minutes of all their proceedings iti which shall be entered every resolution passed by them granting a license to any person, with the suin required to be paid, whicli minutes shall be verified by their signatures and filed with the town clerk of the town for wnicli such license shall be granted, and in the several cities of the state, with the city clerk within eight • " An act to suppress intemperance and to regnlato sale of intoxicating liqaorB," passed April 16, 18B7. By section 6, chapter 175 of 18T0, tlie provisions of the afore- said act (chapter 6;28, 1857), except where the same were inconsistent or in conflict with the provisions of said chapter 175, 1870, it is prescribed shall be taken and constmed as a part of said last-mentioned chapter, and be and remain in fiill force and effect thronghont the whole State. Therefore, tbe editor has deemed it pm- dent to pablish all of said chapter 638, 1857, except snch parte thereof as are mani- festly inconsistent or in conflict with the provisions of said chapter 176, 1870. RELATING TO INTEMPERANCE. 477 days thereafter. § 3, ch. 628, 1857. [The book of mimites kept by the commissioneTs of excise in any town or vil- lage, except when in nse by such commissioners, shall be deposited in the clerk's office of such town or villasre. Part of § 7, ch. 175, 1870.] § 1567. All licenses shall be signed by the commis- Licemeito sioners granting the same. They shall not be issued un- brclSimis- til the requirements fixed by the board shall have been wSmmSI? complied with. Part of §4, ch. 628,-1857. [AH such to expire, licenses shall expire at the end of one year from the time they shall be granted. Part of § 3, ch. 175, 1870.] § 1568. The commissioners of excise- in the several co™™i«- counties in this state are hereby required to make annual to make reports to the boards of su^rvisors of said counties at JSn!*'"' each annual meeting of said' boards, and within the first five days from the first day of such annual meeting in each and every year after the passage of this act. § 1, ch. 274,» 1860. § 1569. Such report shall be in writing, and shall be contents of signed by the said commissioners, or a majority of them, "J*"*" and shall contain a true statement of all moneys received by them as such commissioners in their official capacity during the year preceding the date of said report, and also the name of every person in said county to whom the said commissioners have granted a license to sell strong and spirituous liquors under any section of the excise law, passed April sixteenth, eighteen hundred and fifty-seven. § 2, same ch. § 1570. Such report, when so made as aforesaid, shall To be veri- be verified by oath or affirmation of the said commis- seoanfe* sioners, or a majprity of them, and shall contain a writen '^''' *^°*" statement indorsed thereon, signed by the county treasu- satement rers of the county, setting forth the whole amount of treasurers, money paid over to them by said commissioners during the same year in which such report shall be made, and the said commissioners shall also report to said boards the, whole amount of fines or penalties received by them in their official capacity from any and every person for any yiolation of the act entitled " An act to suppress intem- perance, pauperism and crime," passed April sixteenth, eighteen hundred and fifty-seven, and in case said com- Penalties Inissioners or either of them shall neglect or refuse to to'report? report as aforesaid, he or they shall forfeit and pay one hundred dollars for every such neglect or refusal, to the use ot the people of the county in which he or they may reside, § 3,' same ch. • "An act requiring the commiseionerB of excise of the several conntles of thU state to report annually to the boards of superrlaors of the several counties," passed April 11, 1860; three-fifths being present. 478 No clerk of commis- sioners in towns or villages to be appoint- ed; bnt may be in cities. Book of minutes. To be deposited. No fee to be received for granting Ucenaes. Clerk may take affida- Tlts, &c. Granting license, not to be done except upon com- pliance with con- dilions. RELIEF OF. THE POOR. §1571. All acts and parts of acts inconsistent with the provisions of this act are hereby repealed. § 4, ch. 274, 1860. § 1572. [In no town or vilLage shall the commissioners of excise created by this act (chapter 175, 1870) appoint a clerk of the board of excise. Part of § 7, ch. 175, 1870.] Each of said boards of commissioners of excise [in cities] shall have the right to appoint a clerk for the time the^ may be actually in session, in accordance with the provi- sions of this act, such clerk to receive the same compensa- tion as is allowed by this act to each of the commissioners. They shall keep a book of minutes of proceedings, on which shall be entered the names of all applicants for license, and they shall also enter on said book a list of all licenses granted, with the n^mes of the parties to whom the same are granted, and the names of the securities to the bond required in each case. The said book of minutes shall be deposited in the oifice of the county clerk. No fee or reward shall be taken by any board of excise, or by any member thereof, or by any clerk thereof, for any license to keep an inn, tavern or hotel, or to sell strong or spirituous liquors, or for any service I'equired of such board, nor shall any compensation be retained by any such board, or by any member thereof, or by any clerk thereof, out of the excise money.* The expenses of pro- curing necessary books for minutes and necessary blanks, when actually incurred [except as provided in § 7, ch. 175, 1870, for towns and villages], shall be audited and paid in like manner as other county charges. § 5, ch. 628, 1857, as modified by § 7, ch. 175, 1870. § 1573. The clerks of the several boards of excise [of cities] in this state shall have the same power to take affidavits and acknowledgments of any instrument to be used before such boards, as justices of the peace ; but they shall receive no fees for the same. § 1, ch. 161, 1862, as modified by § 7, ch. 175, 1870. § 1574. License shall not be granted to any person to "sell strong and spirituous liquors and wines to be drank on the premises of the pereon licensed, unless such person proposes to keep an inn, tavern or hotel, nor unless the commissioners are satisfied that the applicant is of good moral character, that he has sufficient ability to keep an inn, tavern or hotel, and the necessary accommodations to entertain travelers, and that an inn, tavern or hotel is re- quired for tlie actual accommodation of travelers, at the * The follnwinir woWs appearing in the original section, to wit : "but the wholfj amount thereof shall be paid over to the county treasurers for the use of the poor in the several counties; but the persons composing sucb board of excise shall be entitled each to receive the sum of tnree dollars per day for services acttially performed, to be allowed and paid in like manner as other county charges, and no otner or greater competieation stiatl be allowed," have been omitted for the reason that sections 3 and T, chapter 175. 187i). provide for the pay of commissioners, and prescribe the manner of dii^pof ing of the excise moneys by the commissioners. RELATING TO INTEMPERANCE. 479 place where siieh applicant resides or proposes to keep tlie same ; all of which shall be expressly stated in such license ; Formoaifl- and no such license shall be granted except on the petition thiB°Bectioii, of not less than twenty respectable freeholders of this state ||c.um'. residing in' the election district where such inn, tavern or hotel is proposed to be kept, by them duly signed, and verified by the oath of a subscribing witness, and not then unless in the opinion of the commissioners such inn, tavern or hotel is necessary or proper, and not more than one license shall be granted on the memorial of the same : petitioners or any of them ; all petitions upon which such licenses shall be granted shall be filed with the county clerk within eight days. And in case the commissioners shall grant any license contrary to the provisions of this act, they shall be deemed guilty "of a misdemeanor. § 6, ch. 628, 1857. § 1575. Nor shall such license to keep an inn, tavern Bond to be or hotel be granted until the applicant shall have executed IppiicSft.'' q,nd delivered to the board of commissioners of excise here- in provided a bond to the people of this state, in thq penal sum of two hundred and fifty dollars, with sufiicient sure- ties, who siiall duly justify in the sum of five hundred dollars, to be approved by the board of commissioners, with a condition that such applicant during the time that he shall keep any inn, tavern or hotel will not snfier it to be disorderly, or suffer any gambling, or keep a gam- bling table of any description, within the inn, tavern or hotel, so kept by him, or in any out-house, yard or garden belonging thereto. § 7, same ch. § 1576. Every keeper of an inn, tavern or hotel, in any Beds to bo of the towns or villages of this state, shall keep in his kl^perscf house at least three spare beds for his guests, with good Jpo"- *c . and sufiicient bedding, and shall provide and keep good '"^**'' and sufficient stabling, and provender of hay in the win- ter, and hay or pasturage in the summer, and grain for four horses or other cattle more than his own stocky for the accommodation of travelers ; and every keeper of an inn, tavern, or hotel, in the cities of this state, shall keep at least three spare beds .and the necessary bedding, for the accommodation of travelers. For every neglect or default in having either of the articles herein required. Penalty for ^ such keeper shall forfeit ten dollars, to be recovered by be^recover- the overseers of the poor for the use of the poor, § 8, of the poor, same ch. §1577. Every inn, tavern or hotel keeper licensed under sign to be the provisions of this act shall, within thirty days after EoL"^''' obtaining his license, put up a proper sign on or adjacent ^"^p^"- to tlie front of his house, with his name thereon, indicat- ing that he keeps an inn, tavern or hotel, and he shall 480 RELIEF OF THE POOR. Penalty for neglect. No recovery when urn keepers tmst others than lodgers. Penalty; see Post {l(i03. Licensee to eeU lees than fire gallons, to contain declaration that they do not authorize sale of liqnor to 1)6 drank on premise Et, Licenses not to be granted except on compliance by appli- cant with conditions. S5N. Y. 164. Evidence. Penalties for vio- lations. 85N. T.154. S6HOW.3S5. keep up snch sign during the time that he keeps an inn, tavern or hotel. For every month's neglect to keep up such sign he shall forfeit ten dollars. § 9, ch. 628, 1857. § 1578. No inn, tavern or hotel keeper who shall trust any person other than those who may be lodgers in his house, for any sort of strong or spirituous liquors or winea, shall be capable of recovering the same by any suit. All securities given for such debts shall be void ; and the inn, tavern or hotel keepfer taking such securities, with intent to evade this provision, shall forfeit double the sum in- tended to be secured thereby. § 10, same ch. § 1579. In all licenses that may be gi'anted (excepting to inn, tavern or hotel keepers) to sell strong or spirit- uous liquors or wines, in quantities less than five gallons, there shall be inserted an express declaration that such license shall not be deemed to authorize the sale of any strong or spirituous liquor, or wine, to be drank in the house or shop of the person receiving such license, or in any out-house, yard or garden appertaining thereto, or connected therewith. § 11, same ch. § 1580. Such licenses shall not be granted unless the com- missioners are satisfied that the applicant is of good moral character, nor until such applicant shall have executed a bond to the people of this state in the penal sum of five hundred dollars, with sufficient sureties, who shall duly justify in the sum of one thousand dollars, to be approved by the commissioners, and to be delivered to the commis- sioners, conditioned that during the term for which his license shall be granted he will not sufi'er his place of business to become disorderly; that he will not sell or suffer to be sold any strong or spirituous liquors or wines to be drank in his shop or house, or in any out-house, yard or garden appertaining thereto, and that he will not suffer any such liquor sold by virtue of such license to be drank in his shop or house, or in anj' out-house, yard or garden belonging thereto ; and whenever any person is seen to drink in such shop or house, out-house, yard or garden belonging thereto any spirituous liquors or wines forbidden to be drank therein, it shall be prima facie evi- dence that such spirituous liquors or wines were sold by the occupant of such premises or his agent with the in- tent that the same should be drank therein. On any trial for the offense last aforesaid such occupant or agent may be allowed to testify respecting such sale. § 12, same ch. § 1581. Whoever shall sell any strong or spirituous liquors or wines in quantities less than five gallons at a time without having a license therefor granted as herein TAVERNS AND GROCERIES. 481 provided shall forfeit fifty dollars for each offense. § 13, eh. 628, 1857. " !' § 1582. "Whoever shall sell any strong' or spirituous Penalty for liquors or wines to be drank in his house or sh'op^ or any ^^uh^ut out-house, yard or garden appertaining thereto, or shall How.^aoa;^^ suffer or permit any such liquors or wines sold by him-, 25 id.' 385.' or under his direction or authority, to be drank in his house or shop, or in any put-house, yard or garden thereto belonging, without having obtained a license therefor as an inn, tavern or hotel keeper, shall forfeit fifty dollars for each offense/- § 14, same ch. § 1583. No inn, tavern or hotel keeper, or any other Hotel person licensed to sell any strong or spirituous liquors or f^ g^i™o°°* wines, shall sell or give away any such liquors or wines to Indians, anj Indian or apprentice, knowing or having reason to be- S? minors*' lieve hini to be such> without the consent of his master or Mnsentof mistress, nor to any minor under thfe age of eighteen years, giarflian. without the consent of his fether ' or mother or guardian. • Whoever shall offend against either of these provisions shall forfeit ten dollats, to, be reeovfered by the master of such apprentice or servant, or ^by the parent ■ or . guardiaii of ; such minor ; and any person who shall sell or give away strong or spirituous liquor to any Indian in this state ^™*"y- shall be deemed guilty of a misdemeanor, and, on cotivic- .tion, shall be liable to a fine (|f twenty-five dollars for, each and every offense. § 15, same ch. § 1584. It shall be the duty of every sheriff,^ under- nnty of sheriff, deputy sheriff, constable, marshal, policeman, or sofa's."' officer of police, to arrest all persons actually engaged ^''*'- in the commission of any offense in violation of this actj and forthwith to carry such person bdfor'e any magis-' trate of the same city or town, to be dealt with according to the provisions of this act ; and it shall be the duty of Duty of such magistrate, on suflicierit proof that such offense ""agistr***- has been committed, unless such person shall elect to be tried before such magistrate, arid unless the* offense charged, be intoxication in any pliblic place, to require a bond to be executed by such offender in the penal sum of one hundred dollars, with sufiident sureties, conditioned that such offender will appear and answer the charge at the next court of oyer and "terminer or sessions to be held in said county, and abide the order and judgment of the court therein, or to commit such offender to the county jail until such judg- ment of said court, or until he be discharged according to law. And it shall be; the duty of the magistrate to entertain any complaint of a violation of this act, made by any person under oath, and forthwith to issue a war- rant and cause such offender to be brought before him, to 61 482 RELIEF OF THE POOR, Intoxicated persons. Punieh- ment by fine and impriBon- ment. 3 P. C. K. 886. Penalty fBr neglect of duty by officers and magis- trates. , Metropo- litan police district ex- cepted. Act to ap- ply to sale of ale and beer. See ante, SlSei.cb. 175, 187fl, for modifi- cations of this sec- tion. Licenses therefor. comply with the provisions of this section ; and such magistrate shall, within ten days, cause such bond, to- gether with all papers and affidavits, with' a list of the persons and residences of the cornplainants and "witnesses examined, before him, to be delivered to the district attor- ney of the county, whose duty it shall be forthwith to prosecute the same. § 16, ch. 628, 1857, as amended by § 1, ch. 856, 1869. § 1585. It shall be the duty of every such officer, whenever lie shall find any person intoxicated in any public place, to apprehend such person and take him before some magistrate of the same city or town ; and if such magistrate shall, after due examination, deem him too much intoxicated to be examined, or. to answer on oath correctly, he shall direct said officer to keep him in some jail, lock-up or other safe and convenient place, until he shall become sober, and thereupon forthwith to' bring him before said magistrate, whose duty it shall then be forthwith to try him for such oifense ; and such person,' when thus charged with intoxication in any public place, shall not be allowed his election to give a bond, as provided for in section six- teen of this act, for his appearance before the next court of oyer and terminer or sessions, and, upon his convic- tion by the magistrate of such offense, such person shall be fined not less tnan three nor more than ten»dollars, in the discretion of the magistrate trying him, and costs at the same rate as in courts of special sessions, and imprison- ment in the county jail, work -house or penitentiary until paid, not, however, less than ten days nor to exceed six months. The offense of intoxication iui any public place being hereby declared an offense against the provisions of this act, and punishable as above provided, it shall be the duties of such officers to arrest, or cause to be arrested all such persons when so intoxicated, and of the magis- trate to entertain such complaints and make such exami- nation under the penalty of fifty dollars, with full costs of suit, for aby neglect to comply with the provisions of this section. § 17, ch. 628, 1857, as amended by § 2, ch. 856, 1869. § 1586. Nothing in this act contained shall apply to the metropolitan police district. § 3, ch. 856, 1869. § 1587. All the provisions of this act, as amended, shall be held to apply to the sale of ale or beer, except so much thereof as forbids the granting of license to any person, except to such persons as propose to keep an inn, tavern or hotel ; and the commissioners of excise may, in their discretion, grant Ireense for the sale of ale or beer for a sum not less than ten dollars to otlier than those who propose to keep an inn, tavern or hotel ; aaad the TAVERNS AND GROOSlRIES. 483 proyisions of this act' shall extend to all portioiia of Metropoii- the state, except -iike metropolitan police district. | 4, d1"tr^ct'ex- ch. 856,1869. ' ' . <=«P'?a- § 1588. Whoever shall sell or give away any strdng or Forfeiture spirituous liquors or wines, or shall suflFer any such liquors spwtuous or wines to, be sold or given away under his direction or '4^,"°^' ?j authority, to any intoxicated person, shall forfeit not less persons. than ten nor niore thah twenty-five dollars for each offense, § 18, ch. 628, 1857. § 15&9. It ' shall be the duty of the magistrates and Duty of overseers i^f the poor in any town or city, on complaint Sff^ove*-*' or satisfactory 'proof by a wife that her husband is an ""^^ °^ ,,, in.rof • ■ T • ■ pooron habitufll drinke;:' oi Intoxicating Jiqubrs, to issue written poof that notices to all (dealers' in intoxicating liquors against whom wlfe"™^' such complaint is made, forbidding the sale or giving of Jiabuulf such liquor to such, husband for the term of six months arjukers of from the date of the notice, under a penalty of fifty dol- SgTiquora. lars, with costs for each, arid every sale or giving of such liquor after such notice shall have been given ; to be sued for in her own name and for her. own use. It shall be the duty of such magistrates and overseers of the poor to fqrbid the sale in like ttianner in all caSes when a hus- band sh'^ll imake like satisfactory prbof Concerning the wife, and all the provisions of this section Shall apply the same in either case. It shall be the duty of magisti^ates p„ties of and overseers of the poor, When like proof is made by a Syeraeersof ' • . -L -1 j . 1 • • J ii tl^s poor. parent concerning a child, 'who is a minor under the age of twenty-one years, or by a child, concerning a parent, to forbid the sale in like manner; and all the provisions of this act shall apply as in other cases named above. § 19, same ch. ,' § 1590. It shall not be lawful under the provisions of HaMtnai this act to sell intoxicating liquors to any person guilty of and"'''" *' habitual drunkenness, nOr to any person against whom the paupers, seller may have been notified by parent, gaarman, hus- band or wife, from sellfiig intoxicating liquors, and every party so selling or. retailing intoxicating liquors shall, on proof thereof befbrte any court of competent jurisdiction,' be deprived of his license 'to sell, and shall not be allowed a renewal of said license, and, iii addition, on conviction Penalty, shall be punished by a fine of not less than twenty dollars, nor more than fifty dollars for eaCh' and every violation of the provisions herein set forth. If any inn, tavern or see ch. 229. hotel keeper, or any other perfeoii or persons whatsoever, ^^*''- knowingly (outside of any poor-honse) shall sell or give to any pailp'er or inmate of an'y poor-'hoiise (ir almshouse, strong or spirituous liquors or wihen, such person or' per- sons so offending- shall be firied twenty-five dollars; and 484 RELIEF OF THE POOR. SnndaTB and election davB. 3 P. C. E. 600. 44 Barb. 170. 42 Barb. 324. 25 How. FenaltieB, how sued for. To be ap- plied to aapport of Soor. 18 :ow, 302. Bonds to be filed. When breach of condition, commia- aioneisi, supervisor of town,&c. to prose- cute and recover penalty. In case of any convic- tion or ^d^ment, jnstice or court to transmit statement to sessions. Revoking ut license. be guilty of a misdemeanor, and on conviction shall be imprisoned not more tban sixty days. § 20, ch. 628, 1857. § 1591. No inn, tavern or hotel keeper, or person licensed to sell liquors, shall sell or give away any intoxi- cating liquors or wines on Sunday, or upon any day on which a general or special election qr town meeting shall be held, and within one-quarter of a mile from the place where such general or special election or town meeting shall be held, in any of the cities, villages or towns of this state, to any person whatever as a beverago. In case the election or town meetings shall not be general throughout the state, the provisions of this section in such cas^, shall only' apply to the city, county, village or towns in which such election or town meeting shall be held. Whoever sljall offend against the provisions of this sectipn shall be guilty of a misdemeanor, and on conviction shall be imprisoned in the county jail, workhouse or penitentiary not more than twenty days. , § 21, same ch. , § 1592. The penalties imposed by this act, except the penalties provided far by sections eight, fifteen and nine- teen, shall be sued for and recovered in the name of the board of commissioners of excise, and paid over to the treasurer of the county for the support of the poqr of the county. § 23, same ch. , § 1592j|^. Every bond taken pursuant to the proyisions ' of this act shall, within t^ndaya after the execution of the same, be filed in the office of the clerk of the town or, village in which the license shall be granted, and in cities, in the city clerk's office. § 23, same ch. § 1593. Whenever a breach of the condition of such bond given upon the granting of any license shall happen, it shall be the duty of the commissioners of excise, the supervisor of the town, mayor of the city, or the trustees of the village in which, the person who, shall incur the penalty ^all reside, to prosecute the same and recover the penalty therefor. '§24, same ch. § 1594. Whenever any conviction or judgment shall be obtained against any person licensed to sell strong or spirituous Iiquoi-s or wmes, for any violation of the pro- visions of this act, either in a suit for a penalty or in a suit upon a bond given by such person, it shall be the duty of the justice or court before whom the same shall be had to transmit to the next court of sessions of the counter a statement of such conviction or judgment, and the offense for which.it was obtained. § 25, same ch. §1895. The said court shall cause the person or persons against whom such conviction or judgment was obtained to be notified to appear on such day as the court shall appoint to show cause why any such license that may RELATING TO INTEMPERANCE. 485 have been granted to him or them should not be revoked. At the day appointed, and on Jsnch other days as the court shall appoint, it shall proceed to inqair^ into the circum- stances, and shalli revoke the license granted to the person or persons violating the provisions of this act. § 26, ch. 628, 1857. § 1596. The person whose license shall be revoked j^™^ shall be incapable of receiving any such license to sell revoked strong or spiritilous liquors or wines for the space of three ?o seii°° °"' years from the time of 'Such revocation. § 27, same ch. li?ree"earB § 1597. Any person who shall sell ariy strong or spirit- persons nous liquors or wines to any of the individuals to whom *^™°|^ ^ It is declared by this act to be unlawful to make such provisions sale shall be liable for all damages which may. be tobeijabie sustained in consequence of such sale ; and the parties so d"^es. offending may be sued in any of the CoiiHs in this state by any individual sustaining such injuries, or by the niljr"ue? overseers of poor of the tciWn where the injured party may reside, and the sum recovered, shall be for the benefit of the party injured. § 28, same ch. § 1598.' It shall be the duty of courts to instruct grand ""Jy °/ * ■ • . ■ . . n nf • . 1 ' w , ' conrts to lurors to inquire into all onenses against the provisions instmct of this act, and to presetit aU offenders uiider' this act and furors, also all persons who may be charged with adulterating Adulterated imported or. otheriintoXieating liquors with poisonous or '"i°°"- deleterious drugs or mixtures, or selling the same, or •with knowibgly importing or selling intoxicating liquors or wines 'adulterated with poisonous or deleterious drugs or mixtures ; which offenses are hereby declared to be misdemeanors, to be punished by imprisonment in the Misde- penitentiary, workhouse or jail, for & period of three months, and by a fine of one hundred dollars. § 29, same ch. §1599. In case the parties or persons whose duty it ^^o^I'duty is, by the pi^oyisiohs of this act, to prosecute shall neglect it is to prosecute for any penalty provided by this act, for the mfsecate period of ten days after edniplaint to tfem that any pro- fnyperedn vision of this act has been violated, accompanied with may *<> »<>• reasonable proof of the same, any other person may J)rose- Cute therefor in the name of the boajrd of commissioners of excise. § 30, sartie ch. § 1600. All incorporated companies and persons in this ^|J°^" state, engaged in conveying' passengers, including es- intemper-. •n 11 •! J j.i. u i. Ji'° ' • ° J atepereone pecially ail railroad, feteamboat and lerry companies, and byrarriers all kinds of corporations conveying for hire persons or gers^r™' property, shall be, and are hereby, re'quired to refuse em- »'^^^*^ ployment to all persons who, on" good and sufficient f)roof, shall be showti to indulge in the intemperate use of in- toxicating drinks ; and any such company which shall 486 RELIEF OF THE POOR. Penalty. Perpons AErainst whom jadgmontfi recovered under thie act, not entitled to jail liber- ties. Repeal of iuconeis- tent acts. Sale or pledge of property exempt from execu- tion, void when made for intoxi- cating liquors. See ante 1078. Penalty for eiving liquors to Indians. See ante, $1583. retain in its employ any person dr persons who shall, on competent proof, be shown -to be intoxicated at aiiy period while in the active servicei of said compiany or person, either as engineer, conductor, fireman, Switch-tender, commander, pilot, mate or foreman, or be in. any way connected with the moving power or management, or whose duty, if neglected, would diminish the safety and security of life, limb or property intrusted thereto, said company or corporation shall hs liable to pay a sum of not less than fifty dollars nor more than one hundred dollars to the county treasurer in the county where the offense may be' committed and proved before any! court of competent jurisdiction. § 31, ch. 628,' 1857. § 1601. In any judgment rendered or recovered on any bond to be given under this act, or, for any penalty in- curred under tl^is act, the person or persons against whom such judgment shall be rendered shall n^t be entitled, under any execution issued on sucli judgment, to the libi erties of the jail. § 32, same ch. § 1602. Title nine of chapter twenty of, the first part of the Revised Statutes, and the act entitled ;'^An act for the prevention of intemperance, pauperism and crime," passed April ninth, eighteen hundred and .fifty-five, and all other acts inconsistent with the provisions of this act, are hereby repealed. § 33, same eh, ■ ,§1603. Every assignment, sale or pledge of articles which are now exempt ■ bylaw from execution, and of property exempted by this act, and every levy or sale of such , articles or property by virtue of an execution j by consent of the defendant therein, shall be void where the consideration, ,or any part thereof, for which such assign- ment, sale or pWgP was made, or for the debt on which judgment was rendered in any court, and on which such execution vyas issued, was for the sale of intoxicating liquors; and in any action commenced for, the recovery of the value of the property sold as aforesaid, the person for whose benefit such sale or transfer was made may be called and examined as a witness as to the fact of the sale of intoxicating liquors so made, in the same manner, and subject to the same penalties, as if called in any other case. § 3, ch. 157, 1842. § 1604. Every person who shall sell or give to any Indian within this state, any spirituous liquor or any intoxicating ddnk,. shall be deemed guilty of a misdemeanor, and on conviction shall be punished by a fine of not less than twenty-five dollars nor more than fifty dollars, or by im • prisonment in the county jail of not more than thirty days, or by both such fine and imprisonment. § 1, en. 420, 1849, as amended by § 1, ch. 614, 1867, RELATING TO Il^TTEMPERANCE, 487 1 1605. Every peffeon who shall receive from any Indian Provision teBiding on any Indian' reservation -within this state, or pawnror" any Itidian residing in this state, either absolutely in gJl^ebV payment or exchange, or in pawn or pledge for the pay- Indians for ment, in whole or in part, for* any spirituous liquor or ^'i''""- intoxicating drink, sold or delivered to such Indian, or to any other Indian, any blanket, wearing appa>el, imple- |f^°'® ment, or other goods or' chattels^ shall "fotfeitt^h 'times the value of the 'article so received, to be sued' fbr and reeoveredj with' costs, by such agent as shall be appointed by the authority Of the tribe or band to which such Indian shall belong, ' or with which ^he shall I'eside ; or ' by the attorney (ifany) appointed by the authority of this state for subh tribe or band, and in the name of stiOh 'tribe or of the people' of the state of NeW Tork, And if therebe ojerBeerB no such attorney or agent, such suits shall- be prosecuted prosecnte. by the X)ver3eers of "the poor of the town in which such Indian shall i-eside, in and by their iiatoe of office. Any Any Indian Indian shall be a Competent witness to prove tbe receipt ^tnee^™* of sucji gdodfe or oliialltels,'and'to'pi'o!^ethe sale or gift of any intoxicating drink to any Indian. Any article or property sold, exchanged or pawned, or pledged as afore- said, for spirituous liquor or any intoxicating drink, or the value thereof, may be reclainied and recovered by the Indian so selling or pledging the same, from the per- son to whom the same shall have been sold or pledged, or from any other person to whom it may have been deliv- ered, assigned, spld .c^'.iyansferi;^d ;, an^ ^or the recovery of the same such Indian may maintain^'an action in any co,uirt havjug cognizance th^rpot, ^nd in case suqh action Dnty of siMl 'not be. bf ought or commehced iyithin tw^enty d|iys Jfatlni. ■frqn} the sale or pledge of such article or pifopferty,' then it sHall' be lawful for the peacje-ifiajk^ts of the. reservation (if '4,ny there be) to whjch siich Itidiari belonged, and if none, fot the overseers of the poor of the town, to deniahd, sue for and recover th^,a,^1ji9j.p;iOr property so sold or pledged, in any court havihg cognizance thereof, in and by their narae of office ; in whiplii.aption the Indian who made such sale or pledge shall be a competent witness for the plaintiff. § 2, ch, ,4?p, i^^, ■ : . § 1606. Courts of special sessions shall have jurisdic- Powers of tion and power' t» hear and! id'etermlhe chiargieB for misde^ 8°°^°' meanor committed! within'' their respective counties, ' in sesBionB. violation of any statute prohibiting the selling or- gittng to any Indian any spirituous liquors or intoxicating drinks, and shall profeeecJ thereoii in the manner pre- scribedjin the third title of the second chaj)ter^nd foii|rtii partof the' Revised Statutes, as amended by siibsequent 488 RELIEF OP THE POOR. laws;' except that such courts shall have stnd exercise each jurisdiction and power without requiring the party charged to give bail for his appearance at the next crimi- nal court, and the giving of such bail shall not deprive the said courts of special sessions of the said jurisdiction and power. § 5, ch; 4:20,184:9,88 amended by §2, ch. 614, 1851, Fines, how | IQOl. Whcu any fine shall be .imposed upon a con- Snd"to'* viction for any such imiademeanorj the costs and, expenses whom i>aid. ^f prosecuting the same shall first be paid out of any such fine, and one njoiety ,of the residue Shall be paid into the treasury of the nation of Indians to which the Indian to whom such liquor or drink was sold or given shall belong, or with which he shall be residing ; and if there shall be no such treasurer, then to the chiefs of the tribe or nation to which the Indian belongs, or with which he was resid- ing, to whom such liq^uor or drink was sold or given, to be applied to the public purposes of such nation or tribe, and the other moiety shall be paid into the treasury of the county where the conviction shall be had. § 6, ch. 420, 1849. CHAP. LXXII. EELATIKG TO THE SAFE-KEEPING AND CAEE OF LUNATICS, IDIOTS AND DRUNKAEDS, AND TO STATE ASYLUMS THEREFOR AND ALSO TO THE CUSTODY AND DISPOSITION OF THE ESTATES OF SUCH PERSONS. ARTICLE ONE. Care of habitual drunkards. Sections 1608-1618. AKTICLE TWO. Custody and disposition of the estates ^^™e of whatever, spii'ituous liquors to any s;^ch dri^^akard, except Biepoor. by the personal direction or on the written certificate of some. physician, regularly licensed to practice, according to the laws of this state, stating that such liqj^or is neces- ■ By section 33 of chapter 628, 1857 (see ante,seotion 1602), said title 9 of chapter 20 Ot tiie first part of the Revised Statutes is repealed. Venire. HABrriFl^L DRUNKATSDS. 491 • sary for the preservatibn' or recovery of tlie health of-snch drunkard, he shall forfeit for every oiffenseithesurai of ten dollai-Sj for the 'use of the poof of the town where ' such drunkard rbsides. § 2-, title 4, eh. 20, part 1, Ei : S. (1 E. S. 636.) ''"'":■ ■-. i ' ■ . §1610. Any person BO designated by the overseers' of t^"!!"'*^ the poor as 'an habitual dmnkardi may apply to any jus- testea. tice of the peace of the city oj- town in which the peit- Bon so ''dtsignated residesi^fo-r proeeisto summon a jury to try and determine such fact of' diknkenness. § 3^ same title. ' ' ' • ■ '.. -: li § 1611. Oh sUch application^ the justice shall imme- f^"^^^^ diately give notice there'of in writing to the overseers of the'p'ocit', specifying the'itinae and -place where 'the parties shall meet for the trial of such fact, an'd shall issue a venire to any constable to summon a jury of twelve per- sons, competent to serve on juries, to appear at the said time and place for the -purpose of trying the said fact. § 4, same title. (1 E. S. 637.) § 1612. Such jury shall be summoned, returned, and w. six of them shall W balloted for ^y such justice, and ''^""^' shall be sworn well and truly to try the fact of the al- leged -dmnkenness, in the same manner as for*' the trial of issues' i*^ salts' 'brought before' a; justice of the peace ; and witnesses shall be siimmoned, and their attendance ahdtMimotiy enforced, and they shall be sworn'ahd ex- amined before the said j ury inlike manner. S 5,,,^.axne title. ' § l'61§." The said jury shall heai; , the , allegations and Jury, proofs offered on both sides,, and, sh^l,! propped j an all re- Trui. spects as in trials at law, to render their verdict ; which verdict shall be entered by such justice, in a book to be provided by him for the purpose. § 6, same title, ' § 1'614. The said verdict, or ah "attested copy' thereof. Effect of under the, hand of such justice, shall be received and ^®""*''- deemed tb '^be presumptive evidence,, of the f^ct 'thereby found, in any action between the, overseers of the poor and any person prosecuted by them for the penalty herein, before iinposed. § 7, same title. ,im . § 1615. If by the verdict of the j'ury it shall be found ^o'^- that the persori demanding such trial is an habitual drunk- ard, the justice shall enter judgment against ^uch person, and 'award execution for the costs of the overseers of the poor in attending such trial, in ^he same manner as in suits between individuals, which justices of thp, peace are authorigeid to try and determine. § Sesame title. § 1616. If it be found that such person is not an habit- la. ual drunkard, such jufitiCe shall in like manner enter judgmentand awaird execution for the costs of such per- 492 RELIEF OP THE POOR. son against the said overseers, unless it shall appear to such justice that the said overseere acted in good faith, and had reasonable cause to believe such person an habit- ual drunkard ; in which case no costs shall be awarded against them, but each party shall pay their own costs. § 9, title 4^ ch. 20, part 1, E. S. (1 E. S, 63T.) Overseers, § 1617. The accouuts of the ovcrseers of the poor for fo"r^ee^'iM» *^® expenso of defending against any such application shall be audited and allowed in the same manner as the Other expenses of such city* or town. § 10, same title. When § 1618. If at any time the overseers of the poor shall bertVbkeS. be Satisfied that such drunkard has reformed and become temperate they may I'eVoke and annul any such notice given by them or any of their predecessors in office. § 11, same title. ARTICLE TWO. CUSTODY AUD DISPOSITION OF THE ESTATES OF IDIOTS, LTOTA- TIOS,' PEEB0N8 0]f trNSOtTND MIND, AND DEUNKAJtDS. Section 1619. Custody of lunatics and of their estateB,, supreme or county court to have. 1630. Overseers of the poor, when to make application in re- spect to drunkards. ' 1621. In certain cases, application may be made to the coxmty court. 1622. In such cases, application may be made to county judge ; his duty. 1623. If inquisition be traversed, issue to be awarded ; trial and verdict. 1624. Appeals from decisions of county court, when>and how to be made. 1625. Expenses of overseers Sn conducting application, how paid. 1626. Every committee appointed . to file inventory within sit months, etc. 1627. Inventories to be verified by oath j before whom oath to be taken. 1638. Filing of such inventories may be compelled by the court. 1629. Receivers and committees may hold trusts, and sue, etc. 1630. Application for sale of real estate or any interest therein of lunatics, idiots, or persons of unsound mind may be mada 1631. Bonds on such applications. 1633. Such bonds, when to be ordered prosecuted. 1633. Merits of applications, how inquired into. ESTATES OF LUlf ATICS, ETC. 493 Section 1684. When the leasing or celling of real estate will be, or- dered. 1655. No T^al estate or intierest therein to be diSt>0B6d of con- ' trary to provisionB of will or deed. ' 1636i Contract,, when made, to be reported to court ; and iif ' eoafirmed, conveyance to be executed. > 1637. Efifeot of such sales, bto. 1638. Proceeds, how disposed of, and coinmif tee required to , account. 1639. Ipferest of'ilunatics or persons of upsoun^ mind in pro- ■ceeds ; such proceeds to be deepied real estate. 1640. Real estate subject tor dower, or other life estate ; how such dower or life estate satisfied out of the proceeds. 1641. Before ; moneys are paid or iavteBtmeUts made in such satisfaction, court to be satisfied of release having been made. 1643. Committee may petition for order to sell, etc., real estate to pay debts. 1643. Referencie to be m^dp on such petition. , i ^ 1644. On coniing in of report, court may make order, ^r mort- , gaging, etc. 1645. Court may require additional security to be given by committee. ' 1646; Committee to pay debts without jjreferenoe'fo sealed in- . struments. ' ' 1647. Similar application may be made to provide for support of idiots, etc. 1648. In such case, court to direct how proceeds shall be se- cured and applied. 1649. Court to give orders respecting sales ; conveyance, when I to be executed. 1650. Petition byooinmittee for order to convey, where *diot, etc., is mortgagee, etc. 1651. Party entitled to such conveyance may also apply ; court may make order. 1653. Effect of conveyances, mortgfiges audi leases executed. , 1653. Specific performance of contracts, etc., made by lunatics, etc., may be decreed. ' - 1654. Real estate not to be leased for more than five years, etc. 16^5. If party becoi^e capable of conducting his affairs, his estate to be restored. 1656. If party die, powers of his trustees to cease ; estate, how disposed of. §1619. The supreme court* shall have the care and ' snp^«™« CTistody of all idiots,, lunatics, persons of unsound mind, have cns- and. persons who shall, be incapable of coiiducting their :iafo^ts°&c. own affairs in consequence of habitual drunkenness^ and : of their real and personal estates, so that the same shall ' not be wasted or destroyed ; and shall provide for their safe keeping and maintenance, and for the maintenance • "Supreme fconrt" aubstitated for "chancellor" and "court of chancery," pursuant to chapter WO of 1847. 494 Connty court. Habitaal ilrnnkardd. Duty ol oTerseera of the poor. SN. T. 116; 16 How. 568. lb. Applica tion, when made to county court. II). When to county ludffe. 5 N. Y. 116. lb. Issue, when to be awarded. 6 J. C. E. 440. lb. Appeal from decis- ions of county court. 3 How. 443. relieJ^ of the poor. of their 'families and the education of theii: children, ont of their personal estates and tberents and, profi,te of their real estates respectively.' § 1, title, 2, eh. 5, part 2,E. S., (2:B.: S. 52w) [The county court has, jurisdidtipn :in the care and custody of the person and estate- of a lunatic, or person of unsound mind, or an habitna'l drunkard residing within the county. Sub. 8 of :§ 30 of thie Code of Procedure.] § 1620. "Whenever the overseers of the poor of any city or town in this state discover any person, resideijt; .therein, to be an habitual drunkard, having property to the amount of two hundred and fifty dollars, which may be (endan- gered by means of such drunkenness, it shall be their duty to make application to the supreme court for the exercise of its powers and jurisdiction. § 2, titl^ 2, ch. 5, part 2, E. S. (2 R. S. 52.) § 1621. If such drunkard have property to ani amount less thS^Q'two hundred land fifty dollars,, the„overseers may make such application to tlie county court^ of the„90unty, which is hereby vested with the same powers in relation to the perifOn and real and personal estate of such drunk- ard, as are by this title conferred on; the supreme court, and slaall in all respects proceed in the like manlier, sub- ject to an appeal to the supreme court. § 3, same title. § 16S5r. Application for a commission in such case may be made in vacation to the county judge of the county, who may award the same to one or more proper persons to inquire into the fact, of such alleged h9,bitual, drunk- enness; and the inquisition taken thereon shall be re- turned to the next county court of the county", vho shall confirm or set aside the same. § 4, same title. §1623. If the party proceeded against shall traverse the inquisition on its return, an issue shall be directed by the court, as in other cases, which shall be tried^ in the same court; land the verdict thei^eon shall have the same effect as if rendered upon an issue awarded' by tte su- preme court. § 5, same title.(2 E. S. 53.) ,, ^; § 1624. Appeals from any order, judgment or decree of a connty court, made pursuant to the provisions of this title, shall b^ filed and enteted within three riionths after the making of siioh order, judgment or decree ; and shall be aecompaniied.by a bond, witn such sureties as the coiirt shall approve, to the opposite party, in the penalty of one hundred dollars, conditioned for the payment of such costs as shall be awarded against the appellant in case of the • 1 Paige, 680 ; 8 Id. 301 ; 6 id. 120 ; 7 id. 237 ; 2 Barb. Ch. 326 ; 1 Barb. 441 ; 8 id. 552; 4Seld.S88: 28 Barb. 51; 16 id. 813; 1 How.228; 6 How. 248: 3 id. 448; 34 Wend. 86; 1 Abbott, 110. •> " County court " substituted for " court of common pleas," pursuant to 8 30 of the Code of Procedure, sab. 8. ESTATES OF ., LUNATICS, OpyrC. 495 orderj! judgment pr decree being affirmed-, §6,, title ,2, ch. 5} p>T,t 2, R. S, (2,E. S. 53,) ,; , , ii .,, , § lp25;. I'he expenses of the ovei^seers of the pooir^ in ib. Bxpen- condu^ting any application under this,. title, shall be nltion?^'"' audited and, allowed in the same manner as other ex- penses pf ^iTch city or tpwn., § 7, sai;np title. i i § lp29^ Ev|§ry . committee of tl^ie estai;^ of ayiy idiot, muSe'to'"' lunatic or othejp person in the first sec;tiqn of ^ th,is ititle flie inven- spe(?ifie^,' shaiil, ;Wi)^p six months aftesr, theiir a'ppqintme.nt, sPaige, we. file in the office of the clerk of the cour); which a,ppointe|d ^ °""^- *'^- such committee^ a just and true inventory of the whole , real ; and personal estate! of^ guclj. , idiot, lunatic or other pepaon, stating the income apd profits -tlieireof, and the debtBj,'c!redits,.and, effepts, so far as the same ^hall , Jhaye ; come;tp the knowledge of such, cpmmitliee!. ; And when- ever any property belonging to such estate shall be ,dis,- cpveirednafter tites^liPg '^^ i^^J inventory, it shall be the duty of $uch I committee to file as aforesaid a. just an,^ true account of the same from time to time, as the same shall be discpY^^jred.^, § 8, s^me title. . , , . i . § 1^27. : Siich inventories shall, fcp verifi^d;by the oath of ^V^^^C' the ; po.ipmitt^p, to be taken before , a judge , of any court ] J|^y of record.* § 9, same title. §1628, The, ;filing pf. such inypntpries may be com- raingofin- pelled by the order and process usual, in such cases of l^e lompciTed. court which ; appointed tjie.cpmnjijttep., , § 10, same title. , § 16.29. Receivers and eommi,t,te|es of lunatics land ha- Powers or bitualj drunkardsi appointed by any order or decree, of the anacom- court pf .chancery [or supreme court], may suq in their own j SnS and names, for any debt,, claim or ,deim?ind trapslerred tpthem, drunkards. or to the possession and, control pf which they are enti- tled as sucji, receiver or cominittee; j^nd when ordered or authorized: ,tOi sell such demands, the purchaser thereof niay su^ and recover therefpr in his own name, but shall, give sdeh security for costs to , the defendant, as the court; in; which , such suit is bi'ought may direct. §2, ch. 112,. 1845., :...:(.,,;,■,■ §j 1630. Any luna^i^ [idiot, or person of unsound mind],. f*j'|t°'of sqizpd pf any real Pfitate, or, entitled to any, term for years ijinatics, in lands, or having any tenancy by the; curtesy, or any *"• tenancy,, by the> curtesy. initiate, may, by committee duly appointed, or if such,. IjjnatiQ . is a married, woman, havipg any real estate held by her. as her separate estate, or having any dower , .admeasured, or right of. dower, or inchoate right of dower, in an'y real estate, she hiay, by committee duly appointed, or by her husband, apply to • Modified by striking ont from §1626 " of theregietei: or assistant reglslter of tha court of chancery," and from § 162T " or a msat^r i», clialicery." 496 RELIEF OF THE POOR. the supreme court for the sale or disposition' of the same, in the manner hereinaftei- directed. § 1, cb. 417,* 1864; as modified by ch. 627," 1869, and by ch. 37," 1870. Bonds for | 1631. On such applicatioti, Said committee, or' Said perform- husband, shall give bond to such lunatic [idiot or person tout." of unsound mind] (in addition to the bond given on ap- pointment as such committee), to be filed with thie clerk of said court, in such penalty, with such sureties, and in such form,' as the court shall direct, conditioned for the faithful performance of the trust reposed, for the paying over, investing and accounting for all moneys that shall be received by such committee, according to the order of any court having ■{luthority to give directions in the prem-. ises, and for the observance of the orders and directions of the court in relation to the trust. §2, same ch. as modified. Prosecn- § 1632. If such boud be forfeited, the court shall direct fcited."""" it to be prosectitbd fof the benefit of the party injured, bonds. §3, samech.' " Reference. §1633. Upon the filing of such bond the court may proceed in a summary manner by reference to a referee, to inquire into the merits of such application; § 4, same ch. Court may § 1634. Whenever it shall appear satisfactorily that a OToalfdiB- disposition of any part of the real estate of such lunatic p™»«^° "^ [idiot or person of unSound mind], or of an interest in any term for years, or of a tenancy by the curtesy, or tenancy by the curtesy initiate in any 'real estate, or a dis- position of ally real estate, or of her interest in a term of years of a married woman who is a lunatic [or a per- son of unsound mind], held by her as her separaite estate, or of any dower admeasured, or right of dower, or in- choate right of dower of a married woman who is a lu- natic [or a person of unsound tnind], is necessary and f)roper, either for the support and maintenance of such unatic [idiot, or person of unsound mind], or for his education, or that the interest of such lunatic [idiot,'or person of unsound mind] requires or will be substantially promoted by such' disposition, on account of any part of such property being exposed to waste and dilapidation, or on account of its being wholly unproductive, or when the same has been contracted to be sold, and a convey- - - — • "Ail act t« provide for tbe iale and conveyance of any Interest In real estate belonging to Inaatics," Passed April 3D, 186^; tbree-fllths being present. >> The following is section 1 of cliapter 637, 1869, and section 1 of chapter 3T of 1870, to wit: All the provisions of the act entitled "An act to provide for the sale and con- veyance of any interest in real estate belonging to Innatics," passed April thirtieth, eighteen hundred and sixty-four, shall, as iSiras the same are applicable, be applied to the estates of idiots and persons of unsound mind, and to proceedings for the ■ale and conveyance of any Interest in real estate belonging to them. ESTATES OF LUNATICS, ETC. 4-917 ance thereof eaunot be made by reason , of Siich lUnacy [or unsoundness of mind], or fot any other peculiar rea- sons or circumstances, the court may order the letting for a term; of years, or the salfe or other disposition, of, such real estate or interest to be madie by such committee, in such manner ,and with such restrictions as shall ibe deemed expedient, or may order the fulfillment of said contract by conveyance by such committee according to the terms of the contract. § 5, ch. 417, 1864, as modi- fied, by ch. 627,1369, and by ch.STj 1870.. i' :;• "'■-'^;T. §1635. But no real estate, or term for yjgars, ot any mm^^M interest ill: real estate hereinbefore named,, shall be sold, ahaUbUn- leased or disposed of in any manner against-the proivisiona '=°gj^'®'" of any last will, or of any conveyance by which such tIscb. estate or term or intei;est was devised or granted :to such lunatic [idiot, or, person of unsound mind]. § 6, same ch., .as modified. ■ <■ ; § 1636. Upon an agreement for the sale, leasing- or coiitracts other disposition of slich property being made, or upon reported to any conyeyance in fulfillment of a contract ♦eing exe- conrtfoBo^ cuted in pursuance 01 such order, the same shall be re- tionT ported to the court on the oath of the committee making or executing the same, and (except in the case of a con- mo.i i veyance to fulfill a contract), ifithe report be confirmed, a vey^neeto' conveyance shall be executed under the directions of the ''« «*^<=°'<'^ court. § 7, same ch. 1 § 1637. AH sales, .leases, dispositions and conveyances sales, *c., J • J ^ -ii- 1. 1 -ii • jy to be held made m good laith by such committee, in pursuance 01 vaiia. such orders, shall be, valid and effectual as if, made by such lunatic when of sounJ mind. § 8, same ch. - •■ ,; § 1638. The court shalLmake order for th^ application proceedB, and disposition of the proceeds of such properly, .and for ^°7g| oj the investment of .the surplus belonging to :st}ch lunatic [idiot, or person of unsound mind], so as tO secure th^ same for the benefit of , such lunatic [idiot, or person of unsound mindj ;; and shall direct the ascertainment of the value of any such tenancy by. the curtesy, or tesnancy by the curtly initiate, or dower; or right' of dower, or in- cbpate right of dower, and shall direct a return, of such investment and drsposition to be made on oath as soon as ma^lbe, and shall i require accounts to be rendered' peri- Accounts odically by any comtnittee or other person who may be tee^toUe* ' intrusted with the disposition of the income of such pro- rendered. ceedB. § 9, oh. 417, 1864, as modified by ch. 627, 1869, and, ch. 37, 1870. , . . ' .; § 1639. No sale made, as aforesaid, of the real estate or i°nltics,°' interest therein of any lunatic [idiot, or person of unsound wiote. ic. mind] shall give to such lunatic [idiot, or person of un- creased by sales. 63 498 RELIEF OF THE POOR. Acceptance of gross in lien of dower. Compensa- tion for life estate. Effectaal release of dower, Ac. Application for sale, &e. of real estate. S Johns, cb. S4T: Sid. 400. Proceed- ings tbercon. Reference. ' 6 N. T. 116. Bonnd mind] any other or greater interest or estate in the proceeds of such sale than such lunatic [idiot, or person of unsonnd niind] had in the estate so sold ; but the said pi-oceeds shall be deemed reai estate of the same nature as the property sold or the interest therein of thef said lunaitic [idiot, or person of unsound mind], and the court shall make order for the preservation of the same. § 10, ch. 417, 1864, as modified by eh. 627, 1869, and oh. 37, 1870. § 1640. If the real estate of any lunatic [idiot, or per- son of unsound mind], or any part of it, shall be subject to dower or other life estate, and the person entitled thereto shall consent in writing to accept a gross sum in lieu of such dower or other life estate, or the permanent investment of a reasonable sum, in such manner as that the interest thereof be made payable to the person enti- tled to such dower or life estate during life, the court may direct the payment of such sum in gross, or the in- vestment of such sura as shall be deemed reasonable and shall be ^ceptable to the person entitled to the said dower or other life estate, or right therein, actual or con- tingent, in manner aforesaid. § 11, same ch.,a8 modified. § 1641. Before any such sum shall be paid or such in- vestment made, the court 8ha,ll be satisfied that an effectual release of such right of dower or other life estate^ actual or contingent, has been executed; § 12, same ch. § 1642. Whenever the personal estate of any such idiot, lunatic, or other person above specified [in sections 1619-1628,] shall not be suflBcient for the discharge of his debts, it shall be the duty of the committee of his estate to apply by petition to the court by which they were ap- pointed, praying for authority to mortgage, lease of sell so much of the real 'estate of such idiot, lunatic or other Serson, as shall be necessary for the payment of such ebts. The said petition shall set forth the particulars and amount of the estate, real and personal, of such idiotj lunatic or other person, the application which maj' have been made of any personal estate, and an account of the debts and demands existing against such estate. § llj title 2, ch. 5, part 2, R. S. (2 R. S. 53,)" , § 1643. On the presenting of such petition it shall' be referred to a referee,** or to the clerk of the court, to in- quire into and report upon the matters therein contained; whose duty it shall be to examine into the truth of the representations made, to hear all parties interested in • See ante, SS 1630-1641. •> " Referee " substituted for " master in chancery." ESTATES OF LUNATICS, ETC. 499 such real estate, and to report thereon with all convenient speed. § 12, title 2, ch. 5,'part 2, K. S. (2K. S. 54.) ■ ,'.;;". § 1644. If, upon the coming in- of the repoitand an ii.'di^ examination of the mattei', it shall appear to the court on^oSta| that the personal estate of the idiot, or other person above i'VJ'i^P,??- specineaj is ncrt suincient for the payment, of his debts, arid that the same has been applied to that purpos'Cj as far as the circumstances of the case rendered proper, an order shall be entered, directing the mortgage, leasing or sale of the whole or such part of the said r6al estate as , i may be necessary to discharge the said debts. § 13, 'i'l,:^^., same title. • i' • """:' §1645^ The court may require any additional security Additional to be given by a,ny such committee for the faithful appli- majbFre- eation and accounting for the proceeds of such mortgage, ^^^^^ liease or sale^ and may require an account thereof to be rendered from time to time. § 14, same title. § 1646. In the application of any moneys raised by any ?*?™™* °' such mortgage, lease or sale, the committee shall pay all debts ih an equal proportion, without giving any prefer- ence to such as are founded on sealed instruments. §15, same title. • ' §1647.* When the personal prbpelrty and the rents, LiKeappU- profits and income of the real estate of any such idiot, eSjitSrfof lunatic, or other' person above specified, shall be insuf- idi9t,*c.,, ficient for his maintenance, or that of his family, or for family. the education of his children, a similar application may *^»>ee-ss6. be made by the committee to the supreme court,'" or to the court having jurisdiction, for authority to mortgage or sell the whole, or so much of the real estate as shall.be ^ necessary for that purpose ; upon which the same refer- —^ enceiand proceedings shall be had and a like order shall Jbe enteredj'as hereinbefore directed. § 16, same title. §1648. In the case last mentioned the court shall h. conrtto direct the manner in which the proceeds of such sale ^onas"o' shall be secured, and the incjome or produce thereof proceeds. _ appropriated. § 17, same title. §1649. The court shall give such orders respecting the |fJ|^J|,^''^f time and manner of any sale herein authorized as shall court; con- be deemed proper ; and no conveyance, in pursuance of ^^^*'"'°*,,, any such sale, shall be executed until the sale shall have • - been reported on the oath 6f the committee and con- firmed by the court dii*ecting the same. § 18, same title; ' ' § 1650. Whenever any such idiot, lunatic, or other iper- fo^^^^Jj.g''/ son above specified, shall be seised or possessed of atif for order to real estate by way of mortgage, or as a trustee for others """^^y- *"• • See ante, §$ 1630-1641. * " Supreme Court " subBtituted for " chancellor." 500 RELIEF OF THE POOR, when party 1b mortga- fee, Ac. Bub, 498. Like peti- tion by party enti- tled to con- veyance. Effect of convey- ances, Ice., execnted nndeitUa title. Epeclllc perform- ance may be decreed. 13 Barb. 23S; lid. 498. Limitation of leaaep, Ac, nnder this title. Estate, when to bo reatored. TPaiM.SiS; 4Seld.888. Estate, how disposed of on death of party. In any manner, his committee may apply to iihe supreme court* for authority to convey and' assure such real estate to any other person or persons entitled to such toilvey- ance or assurance, in such manner as the said court rfijdl direct ; upon which a reference and the like proceedings shall be had, as in the case of an application to 'sell real estate as aforesaid ; and the court, lipoo heai'ilig all the parties interested, may order bnch conveyance or assurance to be made. § 19, title 2, ch. 6, part 2, K. S. (2 K. S. 55.) § 1651. On the application of any person entitled to such conveyance or assurance, by bill ol" petitioti, the committee may be compelled by the supreme coilrt,* on a hearing 6f all |)artie8 interested, to execute Such convey- ance or assurance. § 20, same title. < 1 1652. Every conveyance, mortgage, lease and assur- ance made under the order of the supreime court*, or of any court, pursuant to the provisions of this title, Shall be as valid and effectual as if the satoe had been executed by such idiot, lunatic, or other person above specified, ■whrai of sound memory and utiderstanding. § 21, satne title. § 1653. The supreme court* shall have authority to decree and compel the specific performance of any bar- fain, contract or agreement which may have been made y any lunatic or other person specified in the firdt sec- tion of this title, while such luoatic or other person was capable to contract, and to direct the committee of such person to do and execute all necessary conveyances and acts for that purpose. § 22, same title. § 1664. The real estate of any idiot, lunatic, person of unsound mind, or person incapaWe of conducting his affairs in consequence of habitual drunkenness, shall not be leased for more than five years, or mortgaged, of aliened or disposed of otherwise than is herein directed, § 23, same title. § 1655. In case any lunatic or other such person shall be restored to his right mind, and become capable of con- ducting his affairs,liis real and personal estate shall be restored to him. § 24, same title, § 1656, In case of the death of any idiot, lunatic, per- son of unsound mind, or person incapable of conducting his affairs, during such state of incapacity, the power of any trustees appointed under this title shall cease, and his real estate shall descend to his heirs, and his personal estate be distributed, according to law, the same as if he had been of sound mind and memory and capable of con- ducting his affairs. But nothing herein contained ehall b« ' " Court of Chancery" In the orif;inal. CA^^OFJ-TJI^rAT^CS., , 501 held to affect the provisions of any last; will and testa- menl;, duly made, ?ind which shall be duly admitted to prq- bate. § 25, title S, ch^ 5, part 2, il. S. (2 K. S. 55), as amendefl J^y ch.''724:, 1865, ARTICLE THREE, SAFE KEEPING AND OAEE OF LUNATIOS. Section 1667. Committee of a Ivmatils,' to confine and maintain him, where and how.' Duties of Buperintendents 'and I overseers. 1658. If he has not property, certain relatives to confine and support him. 1659. Powers of overseers of poor to compel relatives of lunatic to confine him, etc. 1660. Lunatics, how to be secured, and where confined. 1661. Duty of 'overseers to procure suitable place for con- fining lunatics. 1662. When lunatics may be confined in jails, but not as disor4ei;ly persons. 1663. Not to be confined with criminals, nor more than four weeks in a jail. 1664. Two justices may apprehend lunatic, without applica- tion of overseers. 1665. Superintendents and overseers may send lunatics to asylum in New York. 1666. Expense thereof, and of maintainin); lunatic, how defrayed. 1667. Penalty for confining lunatics otherwise than as herein directed. 1668. Powers of court respecting lunatics, not to be afiected by this title. 1669. Proceedings to compel committee of a lunatic to confine and su{iport him. 1670. Superintendents to have the same powers in respect to , lunaticSi fis overseers of the poor. , § 1657. When any person, by lunacy or otherwise, be- Jjjg;"" comes furiously mad, or so far disordered in his senses as propefty tQ endanger his pwn, person, or the person or property of . flj,e|_ ^J'^' others, i'^' permitted to go at larg^, who is possessed of Jj^^?^ ' Bufflcient property to maintain himself, it shall be the tees. 4uty of the,cpunmittee of his person and estate to provide , «8. " a suitable place for the confinemei;it of such person, and to qonfine and maintain him in such manner as shall^ be, approved iby the overseers of the poor of the city or town. §1, titles, ch. 20, pal-t 1, R. S. (1 R. S. 6$4.) [In every case of lunacy hereafter occurring and provided how^anl' for by title's, ch. 20, part first of the Revised Statutes, '^o^^fl'^ed."! 502 RELIEF OF THE POOR. 6 Barb. Duties of Buperin ten- dent snd overseer in tliat re- spect. See poet, §S 1691-1694. Not having property, to be con- fined, &C.t bycertain relatives. Duty, how enforced. Lunatics, how se- cured. For modifi- cations of this section see ante, § 16ST, and post, J| 5691-1694. tlie lunatic shall be sent -within ten days to the State Lunatic Asylum, or " to such public or private aSylum as niay be approved by a standing order or resol-ntion bf the supervisors of the county;' and' the provisions of said title three, allowing other places of confinement beyond ten days, are hereby repealed. The superintendents and overseers of the poor named in the several sections of said title three, are severally enjoined tjo see that this pro- vision be carried into efi'ect in tlie rhbst humane and speedy manner ; ,as well in case the lunatic or his rela- tives are of sufficient ability to defray the expenses, as in case of a pauper. §30, ch. 136, 1842.] , , „ § 1658. If such person is not possessed of sufficient property to maintain himself, it shall be the duty of the father and mother, and the children of such person, being of sufficient ability, to provide a suitable place for his confinement, and to confine and maintain hiin in such manner as shall be approved by the overseers of tljie poor of the city or town. § 2, title 3, ch. 20, part 1, E. S. (1 R. S. 634.) - § 1659. The overseers of the poor shall have the same remedies to compel such relatives to confine and main- tain such lunatic or mad person, and to collect the costs and charges of. his confinement, as are given by law in the case of poor and impotent persons becoming charge- able to any town. § 2, same title. , . i § 1660. In case of the refusal or neglect of any com- mittee of such lunatic or mad person, or his relatives, to confine and maintain such person as aforesaid ; or when there is no such committee or relative of sufficient ability, it shall be the duty of the overseers of the poor of the city or town where any lunatic or mad person shall be fpund, to, apply to any two justices of the peace of the same city or town, who, upon being satisfied, upon exam- ination, that it would be dangerous to permit such lunatic to go at large, shall issue their warrant directed to the constables and overseers of the poor of such city or town, commanding, them to cause such lunatic or mad person t^ be apprehended, and to be safely locked Up and con- fined in such secure place as may be provided by the overseers of the pbor, to whom the same shall be directed, ' within the town or city of which such overseers may be officers, or within the county in which such city or town may be situated, or iti the county, poor-house in those counties where such houses are establisheii, or in such private or public asylum as may be approved by any standing order or resolution of the supervisors of the county in which such city or town may be situated, or in CARE OF LUNATICS. 503 the Innatic. asylum in the city of I^ew York. § 4, title 3,ch. 20, part'l, R. S. (1 E. S. 634), as amended by ph. ^18,1^38. „ ■ T.:.,./ § 1661. It shall be the duty of the overseers of the Duty of poor to whom such warrant shall bo directed, to proonre °™'"*"- - a suitable place fo;- the confinement of such lufl^tio as j : therein directed, pursuant to the preceding s^pti9p.§;5, fi^*°'" same title.. ,', ,' , _, ' ,,',, ^ § 1662. No persqn ■^ho, by reason of lunac_^' or other- How and wise,: is furiously mad, or so far disordered in his mind; as tics°may be to be dangerous if permitted to go at largo, shall be com- eondned in mitted as a disorderly person, to any prison, j.ail, house of correction, or confined therein, unless an , agreenient shall have been made for that purpose with the keepei's thereof; or, in any other way than is herein directed. § 6, same title. . - ' § 1663, No such luna|;ic or mad person, or person dis- in what ordered in his senses, shall be confined V^ t^e same room forwhat"^ with any person charged with or conjyictQd of any crime ; j^S^")" nor shall such person be confined in any jail more th9,p (ten days),* and if he continue furiousi_y mad, or: dangerous, he shall be sent to the asylum in itfew Tork, or, to the county poor-house or almshouse, or other place provided for the. reception of lunatics, by trie county sup^rinteu- ' ■■ dents. ,'§ 7, same title (1 E. S. 635), as modified by § 20, ch. 135, 1842. ;. • § 1664. Any two justices of the ipeac^ of the city or f°™",°' t^wri where any such lunatie or mad, person shall be inBeonring* found may, without the applic^iop^ of any overseers of' ''"'*'*''»• the poor, and upon their own viev?, or upon the informa- tion or oath of others, whenever they deem it nece^^ary, issue 'their warrant for the apprehension and con^nement of such lunatic or mad person as aforesaid. §8, same title. § 1665. ,The county superintendents of the poor of any Lnnatio*, , county, arid any overseers of the poor of any town, to^^^tJoir, which any person shall be chargeable who shall be or be- ^- »»yio°>. come a lunatic, may send such person to the lunatic asylum in the city of New York, by an order under their hands, see ante § 9, same' title. ,:: ■ ^ ■> -^ liesT. § 1666. The expense of sending any lunatic to the HJ'p™?' asylum at New York, and of supporting him there, shall of ian°atic"» be defrayed by the county or town to which he may be. |'J?''a^e^ j chargeable ; if chargeable to ^ a county or to any town ^^^ »°*' whose poor moneys are required to be p^id into the 1691-1094. county treasury, suph expense shall be paid by;tl))^ county treasurer, out of the ifunds appropriated to the support of theiipoor belonging to such county or town, after being • " Pour weeks" occnrlng In original Bectlon dmltted, and "ten days" imhatl. tuted in place thereof. 504 RELIEF GF THE POOR. Penalty for confining Innatic)^ Ac. Powers of eupreme conrt not to 1)6 Coinmlt- tee of a Innatic, how com- pelled to confine Um, tK. Powers ol county Bu Serin ten- enta, allowed and certified by the county superiDtendents. If such lunatic be chargeallile' to a town whose poor moneys are not required to be paid into the county treasurv, such expense sliall be paid by ths overseers of the poor thereof. § 10, title a, ch. 20, part 1, K.' S. (1 U. S. 635.) § 1667. Any overseer of the poor, (ionstable, keeper of a jail; or other person, who shall confine any such lunatic or mad person, in any other manner or in any other place than such as afe herein presciHbed, shall be deemed f guilty of a misd^nleanor ; and on conviction shall be iable to a fine ii6t exceeding two hundred and fifty dollars, or to imprisonment not exceeding one year, or to both, in the discretion of the court before which the con- title. viction shall be had. § 11, same § 1668. None of the foregoing provisions shall be deemed to restrain or abridge the power and authority of the chancellor [supreme court], concerning the safe- keeping of any lunatics, or the charge of their persons or estates. § 12, same title. § 166^. .The (j)verseers of the poor of any city or town shall have' the saine remedies to compel the committee of the estate of ,afiy lufaatic to confine and maintain such lunatic or mad person, and to collect of SUch committee the cost, and charges of his confinement and support, a? are given in' the preceding sections against the relatives of such lunatic. And the court of sessions of the city or county shall make orders against such committee personally, and enforce ' them in the same manner ds against the relatives of any poor person, so long as such committee hath any property in his hands for the support of such lunatic. § 13, same title. § 1670. The county superintendents of the poor shall have all the powers and authority herein given to over- seers of the poor of any town. §14, same title, (1 R, S; 636.) ARTICLE FOUH. STATE LUNATIC ASTLUM AT TTTIOA. Section 1671. Board of managers of such asylum, and government of asylum vested in such board. 1672. Powets and duties of such board. 1673. Superintendent, steward, assistant physlcnan and matifon to be appointed by managers, and to be denominated resident oj^cers of such asylum ; superintendent to be a well-educated phymcian and to give bond. 1674. iSecond assistant physician, how mfty be appointed his salary. lun4i:jc AS]f WM at UTIPA. gQ§ Skction 1675. Third ft^aisljant physician, Jiow may be. fippcaijited ; iaa ■ salaryi " '■ ■ j > - • - ■ • ;,, 1676. Salaries and ajloyrances of th^. treasurer asd; resident oflSoeTB of tne asylum, ho^ and by yiiom to be fixed. 1677. How and by whom' such salaries, to be paid. 1678.1 Grants, devisfes and bequests to the managers, iu trust, etc., authorized. , 1679. Oath of office, resident officers and treasurer to take ; such oath to be filed. ,,, 1680. By-laws and orvtles and regvdations for the asylum may be. established by. managers. 1681. Superintendent of asylum, his powers and duties. " 1682. Jury r duty J iighway labor and military duty, certain officers of asylum- exempt from. 1683. Record of proceedlnj^s, managers to keep. I ; 1684. Inspection and' visitation of asylam> duties of managers in respect therfjto. 1685. Resident officers, their duties in respect\o such inspec- tion and visitation. 1686. Treasurer of asylum to have custody ofinoneys and choses in action, etc., of asylum, his duties in respect to the same. ' ' ! (- , I 1687. Such treasurer, how far vested with the powerppf super- intendents and overseers of the poor. 1688. Suits, such treasurer, when authorized t? bring, and when such suits not to abate. 1689. Steward, his powers and duties. 1690. Patients, when asylum ready for admission, notice to be published and also given to the superintendents and overseers <}f the poor. r, ; .i.i; ; 1691. Lunatics, when to be sent to asylum ; duties of superin- , tendents and overseers in respect thereto. ; i 1693. Appeals from order sending person to asylum author- ,; , ized, and how prpceedings thereto taken. ^ 1693. Commitment of lunatics to asylum only to be approved I by justices, overseers or superintendentsof the poor, on the evidence of two respectable .plxysicians, on oath, as to the fact of the alleged insanity. 1694. Lunatics confined in jail, when may be sent to such asylum. 1695. Register of all persons admitted to such asylum to be ' '• kept by superintendent, and what to be by him en- tered therein, 1696. Insane patients, number in asylum allowed to each county. Such patients how and by'whom to be des- ignated. , (• I 1697, 1698, 1699. Indigent insane persons who are not paupers, how and under what circumstances may be admitted to the adylum. 1700. Support of such iudigent^ persons at such- ^ asylum ; duties of counties aud supervisors in respedt^ thereto*. 1701. Term ' of admission (except in special cases) not to be less than fix months. , . 1703. Admission, when allowed in cases of vacancies in the , ' Asylum. . i- , 6 + 506 RELIEF OF THE POOR. Section 1703. Paupers sent to asylum, and duties of town and county officers sending them. 1704. Person accused of crime and escaping on ground of insanity, -v^hen may be sent to asylum ; expenses of such persons, how defrayed. 1705, 1706. Prisoners, when may be sent to such asylum, and how and by whom 1707. Misdemeanors, persons charged with, when may be sent to asylum. 1708. Price of keeping poor or indigent persons, how to be fixed, and when may be reduced in a special case. 1709, 1710. Support, who liable for, at asylum, etc. •■■ 1711. Bemoval of patients from asylum to poor-house, how to be paid for. 1712. Expenses incurred by town or county for support of lunatic at asylum, and the rights and remedies of such town or county in respect thereto. 1713. Supreme court, authority not abridged by , chapter 135 of 1842. 1714. Discharge of patients, when may be authorized by managers, etc. 1715. Discharge of patients of the criminal class. 1716. Clothing to be furnished discharged patients, etc., how and when. * 1717. Assessors of towns and wards to make inquiry yearly in respect to the Insane, report the facts to the county court, and duties of such clerk thereupon. 1718. Definitions and meaning of certain terius under chapter • •f. 135,1842. 1719. Compensation, managers to reoieve no, except for ,':' actual disbursements. 1720. Purcli.ases for the use of the asylilm, how made and provided for. 1721. Deficiencies in funds for carrying on asylum, how may be supplied. 1722. Certain powers conferred on the managers of. 1723. Effect, when chapter 135, 1842, to take. 1734. Special pathalogist of said asylum, managers author- ized to appoint, his salary. 1725, 1726. Water for use of asylum, i 1727. Kings county indigent insane persons, how only to be admitted into asylum- 1728. County judge of each county authorized to send indi- gent lunatics to said asylum or the poor-house. 1729. Insane female convicts not to be sent to asylum. 1730. Removal of such female convicts as are there. 1731. County asylums and poor-hpuses, how only persons to be discharged therefrom. 1732. Removals of lunatics to asylum and of juvenile delin- quents to houses of refuge ; compensation therefor to be fixed by board of supervisors. RepeJal of incon- sistent provisions of § 17, ch. 2, title 8, part 4, R. S. Managers § 1671. ]!fichola8 Devereaux, Jacob Sutherland, Charles asymn. ^ Maim, Alfred Miinson, Charles B. Coventry, Abra- LUNATIC ASYLUM AT UTIGA. 507 ham V. Williams, Thomas H. Hubbard, T. Komeyn Beck, and David JStiel, are hereby appointed 'managers of the State Lunatic, Asylum ; and shall' hold their offices as follows : The said Nicholas Bevereaux, Jadob Suther- First cUsi.' land and' Charles Manri shall hold their offices for one year; the' s^id Alfred'Munson, Charles B. Coventry and A.bra,hata V. Williates shall hold their offices f6r two second years;' and the said Thomas H. Hubbard, T. Eomeyti"""'' Beck and David Buel shall hoM their offices for three t"'^ o"*"- years; and they shall hold -their offices until others are appointed in their stead, subject to being removed at atiy ' time by the senate, upon the recommendation 'of tte governor. ' Their successors shall be appointed ' ty the seiiate upon the- nomination of the governor^ and shall hold their office^ for three years and until others are ap- pointed in their stead, and Subject to be removed in tne manner aforesaid. The government of the State Lunatic Asylum shall be vested in the said board of md,nagers, and a majority thereof shall' inside within five miiles of said asylum. § 1, ch. 135," 1843. ' '' § 1672. Said board shall have the general direction and ^^^gj' control of alll the property and concerns^ of the institution 'raicontrqi; riot otherwise provided' for by laW, and shall take charge '" p'"""'' of its general interests, and see that its great design be carried into effect, and every thing done faithfully accord- ing to the requirfements -of the legislature, and the by- laws,' l-tiles a'nd regulations of 'the asylum. § 2, same clri. § 16T3. The managers- shall appbint a ■Superintendent, To appoint who shall be a well-edticated physician, and a treas'iirer; ten^n",&c. who shall give bonds' for the faithful performance of his ' " , trust, in such sum and with such sureties as the coihp- troller of the state shall approve. They shall also appoint, ^^='^™' upon the nomination of the superintendent, a steward, '° an assistant physician and a matron, all of whom, aftd the -superintendent himself, shall constantly reside in the ' asylum, and shall be designated th6 resident offiders thereof. § 3, same ch. as anfiended by § 8, ch. 337, 1844. §1674. The managers of said asylum shall have the f^'i^^?^^-y. power, on the nomination of the superintendent of said l^f^^'^^^_ aByluto, to' appoint a Second assistant physiciatf to said ed. j ;. asylum, whose salary shall be fixed and paid in the game hh salary. ma,nner now provided by law in relation- to th6 other resident officers of said asylum. § 4, ch 98, 1846. S 1675. Thei managers of the State Lunatic Asylum are ™r3»«: authonzted in their discretion to appoint, on the -nomina-- sician. • tion of the superintendent of said asylum, a third assist- • An .tor the act to organize the. State Lunatjc Asylum, and more effeotSally to provldo care, taamtenarico and recovery of tns innano. Passed April 7, 1S42. 508 RELIEF OF .TflE POOR. Managers to'totaU- ries of treasurer, etc. To be paid quarterly. Grants, devises, ■ Vmii.'iii" • ' Oath of office. Managers may establish by-laws. Powers and duties of superinten- dent. ant physician, whose gajarjishall be fixed an(J,pp.idin the, same manner as those of the other resident officers of said asylum. § 1, ch. 282, 1850. ; , ' § 1676. The managers shall, from timetotipe, determ- ine the annual salaries and aJlows^nces of thci treasurer and resident officers of the asylum, who have been or may hereafter ,he appointed, subject to the approval .of the governor, secretary of state, and the ccHnptroller; provided that such salaries shall not exceed in the aggregate ten thou- . sand dollars for one year. § 4, ch. 13p, 184:2, p.s amended by ch. 450, 1860, and by ch. 595, 1867. § 1677. The salaries of the treasurer and resident offi-i cers of the asylum shall be paid quarterly, on the first days of January, April, July and October in each ye^r, by th^ treasurer of mestate, on the warrant of the comp- troller, out of any moneys in the treasury not othei;wiBe, appropriated, to the treasurer of the asylum, on his pre- senting a bill of particulars signed by the steward and certified by the superintendent. § 5, ch, 135, 18i42. § 1678. The managers may take and, hold in trust fo;' , the state any grant or devise of" land, or any donation or bequest of mopey or pther personal property, to be applied to, the maintenance of insane persons and the general use of the State Lunatic Asylum. § 6, same; ph. , § 1679. The treasurer and resident officers of the asylum, before entering upon their respective duties, shall severally take the oath prescribed in the first section of the sixtih ^""ti- > cle of the constitution of the state ; and such oath sijalj be filed with the clerk of the county of Oneida, § 7, same ch. § 1680. The managers are hereby directed and empo-vr- ere^ to establish such by-laws as, they may deem neces- , sar^, and expedient for regulating the appointment an(i duties of officers, attendants and assistants, for fixing the conditions of admis8ion,8upport and discharge of patients, and for conducting in aproper manner the business of the institution ; also, to ordain and enforce a suitable system of rules and regulations for the internal government, dis- cipline and management of the asylum. § 8, same ch. § 1681. The superintendent shall be the chi^f execu- tive officer of the asylum. He shall have the general superinteijidence of the buildings, grounds and farm, together vfith. their furniture, fixtures and stock ; and the direction and control of all persons therein, sitbject to the laws and regulations established by the managers. ; He shall daily ascertain the condition of all the patients aiid prescribe thpir treatment in the manner directed in the by-laws. He shall have the nomination of his co-resident officers, with power to assign them their respective duties, subject to the oy-laws ; also to appoint, with the managers' . LUNATIC ASYLUM AT UTICA, 509 approval, such and so many other officers, assistants apd attendants as he may think proper aid necessary for the economical and efficient performance of the bu&inesfe of the asylum, and tb prescribe their several d^tiejs andplaces, and to fix, with the managers' approval, their compensa- tion, and to discharge any of them at his sole direction ; but in every case of discharge he shall forthwith record the same, with the, reasons, under an appropriiate head^ in one of the ^ 'books of the asylum.' He shall also have power to suspend, untir the next monthly meeting; of the mannagers^ for good and sufficient cause, a ^resident offi- cer; but in such -case he shall forthwith give written notice of the fact, with its causes and circumstances, to one of the managers; whose 'duty thereupon shall be Ho dall a ' special meeting pf the board to' provide for the exigency. He shall also from time -to time give such oMers and instructions as he may judge best calculated to , , , insure good conduct, fi'delity and economy in every de- partment of labor and expense ; and he is authorized and enjoined to niaititain:' salutary discipline among all who are employed by the institution, and to enforce strict compliahce with such instructions, and uniform obedi- ence to all the rules and regulations of the asylum. He shall further cause full and fair accounts and re'cbi'ds of all his doings and of the entire business and operations of the institution io be kept regularly from day to day, in books provided for 'that purpose, in the manner and to the extent prescribed in the by-laws; and he shall see that all such accounts apd records are fully made up to the last day of November in each year, and that the principal facts and results, with his report thereouj be ?'ese;ited to the managers within thirty days thereafter! he assistant physician shall perform the duties and be *"'i*i"* subject to the responsibilities of the superintendent in hia siukfleSB Or absence. § 9, ch. 135, 1842. 1682. The resident officers of the State Lunatic Asy- priviioges luiti,' and all attendants and assistants actually employed °' o*"". therein during the time of such emplloyment, shall be exempt from serving on juries, from all assessments for labor on the highways, and in time of peace, from all service in the militia; and the certificate of the superin- tendent shall be evidence of the fact of such employment. § 10, same ch. ' § 1683. Thfe managers, shall keep in a bound book to Managers be provided' for that purpose, a fair and full record of all record'*of the doings, which shall be opeft at all times to the. inspec- doings, tion of the governor of the state, and of all persons whom life or either house' of the legislature may appoint.'to ex amine the saitie. § 11, same ch. 510 RELIEF OF THE POOR. Inspection and Tislta- tion of Mylnm. Officers to admil man- agers Into every part of asflnm. Treasurer to have the custody of money, &c., and to keep accounts. § 1684. The manageiB sliall maintain an effective in« sp'ection of the asylum; forrwhich purpose one of them 6hall visit it every, week^ two once every ttionth, a majority once evbry quarter, and the whole board once a year, at the times and in the manner prescribed in the by-laws. In a book kept by the managers for this purpose, the visiting manager or managers shall note the date of each visit, the condition of the house, patients, etc., with remarks of commendation or censure^ and all the nlanelgers present shall sign the same. The general results of these inspecr tions, with suitable hints, shall beiinserted itl the annual report, deteiiliiig the pa^t year's operations and actual state of the asylum, which the mariagera shall make to the legislature in the month of January in each year, accompanied with the annual reports of the superintend- ent and treasurer. § 12, ch. 135, 1842. [, § 1685. It shall be the duty of the resident officers to admit any of the managers into every part of the asylum, and to exhibit to him or them, on demand, all the books, papers, accounts and writings belonging to the institution, or pertaining to its business, management, discipline, or government ; also to furnish copies, abstracts, and reports whenever required by the mg,naffers. § 13, same ch. § 1686. The treasurer shall have the custody of all moneys, bonds, notes, mortgages, and (^her securities atid obligations .belonging to the asylum. He shall open witli one of the banks in utica. to be selected with the appro- bation of the comptroller of the state, an account in his own name, as treasurer of the asylum ; and he shall de- posit all moneys, imijaediately upon receiving them, in said bank, and shall draw for the same only for the uses of the asylum and in the manner prescribed in the by- laws, upon the written order of thei .steward, specifying the object of the payment. He shall keep full and ac- curate accounts of receipts and payments in the man- ner' directed in the by-laws, and such other accounts as the managers shall prescribe. He shall balance all the accounts on his books annually, on the last day of No- vember, and make a statement of the balances thereon, and an abstract of the receipts and payments of the past year ; which he shall within three days deliver to the auditing committee of the managers, who shall compare the same with his books and vouchers, and verify the re- sults by a further comparison with the books of the stew- ard, and certify the correctness thereof, within the next five days to the managers. He shall . further render a quarterly statjement of his receipts and payments on the first days of March, June and September in each year to the auditing committee, who shall compare and verify LTTNATIC ASYLUM AT UTICA. 511 the same as aforesaid,. [q,ad repprt the results, duly. (jerti- fied, tO;tl)e. managej-«i >Bho shall cause (the same to, be re- oordedin one ofthe.bookjs of the asylum. He shall fur-i thor render an account of the ftate oif. his i books, atd 6f the funds ai;id othefi property in his custcidy, whenever required so ^to dp by the managers. § 14, ch. 135, 1842. 1 .1687< The treasurer of the State Lunatic Asylum Treasurer shail be vested with the same powers, rights fuid author- JS^rpowM ity,which,are nowby law given either to superintendents, ?"?pY'"- of,;the.pi9pr on to overseers of the poor in any county or; and over- town of the state,; so far as may be necessary for the in- poo" to*"" demnity and benefit of the asylum, and for the purpose: If^^ ' " of compelling a relative or committee, to defray thciexT pensea of a lunatic's support in the asylum,; and re-imburse actual disbursements for his necessary clothing and trav- eling expenses,, according; to the by-laws of ,the institu- tion,; also for the purpose of coercing the payment of similar chargps when due according to said by-laws, from any town, or city, or county that is liablfe for the support qf; , any lunatic in said asylum. § 15, same ch. ][i,!l,688n Said treasurer, is also authorized to reqover for. -^^^^^^^ thje use of the asylum any and ^11, sums which; ma.y be aii earns due upon any note or bojid in his hands belonging to the. fum.""'^' asylum ; also any and all sums which may be charged, and due according to the by-laws of the, asylum for the support of any patient therein, or, for .actual disburse- ments made in his behalf for necessary clothing and tijaveling expenses, in an .action to be brought in isaid treaBurer's. name as treasurer of the State Lunatic Asylum, and which shall not abate by, his death or removal, p,gainst the indi.Vii(4u?il town, city or county legaJly liable tor the abate.""' *° maintenan^jeof said patient and having neglected to pay the same whpn demanded by the treasurer ;, in whicla action the declaration Way be in a general indebitatus as- siimpsij; ;.. and judgment shall be rendered for such sum as shall: be .found due, .with interest from the time of the dep.and made as aforesaid. Said treasurer may alsp,, " upon the receipt of the inoney due, upon any mortgage in his hands belonging to the asylum, execute a release and acjsnowledge full satisfaction thereof so that the same may be discharged of record,, § 16, same ch. ;§ J689. The steward, under the direction of the super- Powor»«n]» intendent, shall make all purehq.ses for the, asylum, and Bteward*' preserve the original bills and receipts thereof, and Jceep; fajUt and accurate account's of the same, and, copies of all orders 4rawn by himself upon the treasurer ; he shall also,, under like direetion, make contracts in the superintend- ent's name with the attendants and assistants, and keep and settle their accounts ; he shall also keep the accounts 512 RELlEf OF 'The poor. Appraisal. Notice to be given when asy- Inm i» read; for admiB Blon of pa- tients. Id> to sn- pesintend- entsand « overseers of the poor. LanatlcB, when to be sent to apy- 1am In cases hefeaCter occurring. Bepeal. 6 Barb. 276. Duties of superinten- dents and overseers. Appeal may b^made from order of justice oc overseer. 6 Barb. 373. f6i"the 8ttpp6rt of patients and expenses incurfed in their behalf, and furnish the treasili'er every month with copies of such as fall due; he shall make quarterly abstracts of aU his accounts to the last day of every February, May, August and November, fdrthe treasurer and managers ; he'Si'all also' be accountable for the careful keeping and economical use of all furniture, stores and other articles provided: for the aSyliim ; and shall ann dally, during ' the' third week in November, make out and file' with the man- agers a true and perfect inventory, verified by oath, of all the personal property belonging to the asyltim in and about the premises, with an appraisal thereof raade under oath by himself and some discreet hotiseholder of the city of tJtica whom the managers Shall appoint for that purpbse. § 17, ch. 135, IMS. i . '!§ 1690. As soon as the asylum shall be ready for thfe' admission of patients, the managers, shall cause notice thereof to be published for two we^ks in the stalte paper and sent to the clerk of every county, who Shall- transmit copies thereo'f'to the superintendents of the poor of said county by mail. A circular from the superintendent shall aCcoAipany said notice to each county clerk and to the superintendents of the poor, designating different days for the counties severally to send to the asylum their re- spective quotas of patients, and giving all necessary di- rections respecting admission and support according to the by-laws. § 18, same ch." ' §1691. In every case of lunacy hereafter occurring and provided for by title three, chapter twenty, part first of the Eevised Statutes (§§ 1657-1670), the lunatic shall be sent within ten days to the 8tate Lunatic Asylum, or " to such public or private asylum as may be approved by a standing order or resolution of the supervisors of the counfy ; " and the provisions of Said title three, allowing other places of confin«ment beyond ten dayS, are hereby repealed. The superintendents and overseers of the poor named in the several sfections of said title three are seve- rally enjoined to see that this provision be carried into effect ih the most hnmane and speedy manner, as well in caae the Ibnatic or his relatives are of sufficient ability to defray the expenses as in case of a pauper. § 20, same ch. § 1692. If any lunatic confined under the statute, title, three (§§1657-1670), last aforesaid, or any friend m his behalf be dissatisfied with any final decision or order of the justices, or of any overseer or superintendeilt of the poor under such statute, he may, within three days After such order or decision, appeal to the county judge of the county making complaint on oaJth, and such jndge shall thereupon stay his being sent out of the county and forth- • By section 2, ch. 234, 1843; section 19, of 135 of 1842, Is repealed. LUNjATIG ASYLUM AT : UTICA. I.313 with call a jury ,to decide upon the fact of lunacy ; after a full and fair investigation, aided by the testimony of ,two respectable physicians, if such jury, find him sane the |udge shall forthwith discharge him, otherwise he ^hall < ^: confirm the order for his being immediately sent to an , asylum. In case the justices refuse to make an order , for ' confinement they shall state their reasons for such refusal in writing, so that any person aggi;ie\red thereby mayiap- peal as above to a county judge, wh© shall hear and de- termine the matter in a summary way, or call, a jury, [as he may think most fit and proper. In every, case qf ap- peal the judge shall have the same power t^ take i^es^tj- mony and compel the attendance of .witnesses and jurors as a justice has in civil cases. .,§ 21, ch. 135, 1842. • § 1693. In every case of " confinement " und^ the stat- conflne- ute, title three, last aforesaid ,(§§ 1657-1670,), whether of SlfSrteref a pauper or not, after the passage, T /I • 1 ii 1 13o, 1842, to its requirements lor sending the insane to the asylum, take effect. which shall take efiect as soon as the managers' notice of the asylum being ready as aforesaid shall have been pub- lished for two weeks in the state paper. § 51, ch. 135, 1842. § 1724. The managers of said asylum shall have the ^Jf^jjjgijt. power, on the nomination- of the superintendent of said ua salary. ' asylum, to appoint a special pathologist to said asylum, whose salary shall be fixed and paid in the same manner as now provided by law in relation to the other officers of said asylum. § 52, ch. 135, 1842, as amended by ch. 295," 1870. ■ , § 1725. The managers of the said asylum are aiuthor- ^^^ ized under the direction and subject at all times to the canal. • An act tp amend an act entitled "An act to organize the State Lnnatic Asy- itun, and more effectually to provide for the care, maintenance and recovery of the InEiane," passed April seventeenth, eighteen hundred and forty-two. Passed April go, 1870; three-fifths being present. 66 522 RELIEF OF THE POOR. Objects of privilege &c. Conditions of 1t£i pos- session. •Penalty for obstraction Insane persons, wiiun ad mitted into state asylum. Insane per- sons, as to Kin^ county control of the acting canal commissioner having charge of the Chenango canal, to use the surplus water discharged around or through the fifbh lock on said canal, toioperate a panip to supply said asylum with water fi-omsaid canal or from Nail creek, in case the said commissioner shall be of opinion that the same can be done without detriment to the navigation of said canal. §5, ch. 98, 1846. §1726. The managers of. the said asylum ishall have control of the water in the levels of the Chenango canal, from the fifth -to the tenth locks of said canal, both in- clusive, and of the water discharged fi'om said levels and locks, for tlie purpose of supplying said asylum with water and ice; and it shall be the duty of all officers having charge, of said canal, and of the persons employed by them, to do all things necessary, and whicli may be required by said managers, for the supply of said asylum with water and ice as aforesaid ; provided always that the said man- agers in all their acts in reference to said levels, and locks, and water, shall be at all times subject to the ) direction and control of the a.(!ting commissioner having ohargeiof said canal; and that nothing shall be done or permitted by said managers which shall obstruct or interferei with the, navigation of said canal, or which shallinot firsO- re- ceive the sanction of the commissionei' in charge, and all persons, except such as are in the employ of the, state, and such, as are engaged in the navigation of the canals, are hereby prohibited from preventing*, obstructing or in any way interfering with the said levels, locks and water of the canal, so as to prevent the free and full use thereof by the said asylum, and from doing any thing to injure the quality of said water for said use ; and any person who shall in any way willfully violate this prohibition shall bo guilty of a misdemeanor. §§ 6 and 7, ch. 457, 1869, as amended by ch. 564, 1867. § 1727. The county judge of each of the counties of this state is hereby authorized to send all such indigent lunatics belonging to each county as may be brought before him, either to the county poor-house or to the State Lunatic Asylum as in his judgment may be for the best interests of all concerned. Oh. 446, 1851, § 1728. Hereafter no insane person or lunatic being in indigent circumstances, and whose maintenance or support shall be chargeable, or like to become chargeable, to the county of Kings, shall be admitted into the State Lunatic Asylum upon the order of any court, justice, judge or supreme court commissioner, or upon the authenticated certificate of the first judge of the said county of Kings, unless such order or certificate shall be accompanied by the written designation or approbation of the superintend- LU-3f:ATIC AS^fLUM AT UtlCA. ent9 off the poot of the eaid county;' any thing dbntainfed in atiy;law of this state tb the contl^i^y thereof notwith- standing. Ch. 357, 1845. ■' ' . -- § 1729. No insane female convict shall hereafter be sent to the State Lunatic Asylum at Utica. § 1, ch. 353, ^ 1865. - § 1730. The insane female convicts confined in the asylum at Utica sh?^ll,^-^ithin tliree,ij(ionths after the pas- sage of this act, be' removed to the female prison at Sing Sing, or to the state prison at Clinton,'by the state prison inspector^j in their discretion, and be pi'o'vided for m the said prison. § 2, same ch. ^^ , ..>i , on >aa '^1731. No.insane person confined in any county poor- house or county asylum shall be. discharged therefrom by ajjy keeper of such establishment, by any superintendent of thepoor, or by any other county authority, without an order from a county judge or judge of the supreme court, founded upon satisfactory evidence that it is "sdfe, legal arid right" to make such discharge, as regards the indi- .vidual and. the, ,publio. The violation of this .provision shall be deemed a misdemeanor, and be punishable by a fine not exceeding five hundred nor less than one'hundred dollars, in the discretion of the court. The board of managers of the State Ltmatic Asylum at Utica are here- by authorized to appoint t\v6 or more of tlie attendants and employees of said asylum as policemen, whose duty it shall be, under the orders of the superinteiident, to arrest and return to the asylum insane persons who may escape therefrom. [This section shall not apply to the Counties of New" York and Kings ; but no insane person shall be discharged from either of the lunatic asylums of the said counties, without the certificate in writing of the physician thereof, which certificate shall be filed and kept in said asylum, stating that such discharge is.^afe and proper.] § 3, ch. 353, 1865, as amended by § 1, ch. 343, 1867. § 1732. The boards of supervisors in the' respective counties of this state are hereby empowered, and it shall be their duty, annually to fix and determine the compen- sation to be allowed and paid to oflicers for the convey- ance of juvenile delinquents to the houses of refuge, and of lunatics to the insane aaflums, and no other or greater amount than that so fixed and determined shall be allowed and paid for such service. § 1, ch. 254, 1859. [So much of the seventeenth section of chapter two, title eight, part four of the Eevised Statutes (2 K. S. 753), as is incon- 528 Insane fe- male con- victs n<^ to be sent to asylum, and tho^e now there to be re- turned to Sing Sing or Clinton prison. Discharg- ing insane persons from poor houses, ^c. without or- der of cer- tain judges, to be a mis- demeanor. Board of managers to appoint certain per- tain per- sons as po- licemen, Section 3, ch. 353,1365, not applica- ble to Kings or 2^cw York county. Compensa- tion, how determined for conveV' ance of ' ' lunatiCB to asylums, andjuvenilii delinquents to house of reinge. Conflicting statntcn repealed. • An act to amend Hn act In relation to the State Lunatic Asylnm. Passed AprU 10, ises ; three-flftha being present. 524 RELIEF OF THE POOR. sistent with the provisions of this act, as well as all other laws conflicting herewith, are hereby repealed. § 2, v^. 254, 1859, ARTICLE FIVE. THE WnjiABD ASTLDM FOB THE mSANB. Section 1733. Goveraor to appoint eommissionerB to select and con- tract for a site for an asylum for chronic insane pauperd. 1734. Title of property to the people, how paid for. 1785. Commissioners to devise suitable plan of construction of asylum buildings ; such plan to be approved by governor ; and commissioners to contract. 1786. Commissioners before entering on the duties of their office to execute bonds with sureties ; how such bonds approved- and how conditioned. 1787. Commissioners to have no interest in materials furnished or in any contracts. 1738. Treasurer to pay certain moneys to commissioners to be used by them in erection or modification of buildings. 1789. Commissioners to report to comptroller; what such report to contain, and how often to be made. 1740. Compensation to commissioners. 1741. Trustees of asylum ; new trustees, their powers, term of office and classification ; counties from which chronic insane paupers may be sent, and how appor- tioned for that purpose ; pay of certain commissioners ; commission abolished and power thereof vested in new trustees ; future debts. 1743. Chronic insane paupers from poor-houses, and those discharged from state asylum ; when may be sent to this asylum, and to be a county charge upon the county from whence they came. 1743. County judges and superintendents of the poor re- quired to send certain insane paupers to State Lunatic Asylum. 1744. Appropriation to Willard Asylum. 1745. How such asylum known. missioners' § 1733. The govemor is hereby authorized to appoint pointe*^ by three commissioners* for the purpose of selecting, con- foMte'°'ite° tracting for and purchasing a^uitable site for the erection of asTiiim. of an asylum for the chronic insane who are paupers, and «° next in making such selection they shall first seek for and '""'""'' select any property owned by the stale, or upon which it has a lien, and if that may not be done, then such other By i 2, ch. 822. 1869, the commission ap|)ointed pnrsaant to chapter S4S, 18S5, was dUcontinaed, and the powers and duties of said comiuisalonefs vested in tha trustees appointed in and 6; said section i. See post, J 1741 section. WILLARD ASYLUM. 525 property as shall be suitable for their purpose. § 1, ch. 342,- 1865. § 1734. When a title can be secured to the people of ^"1"]'' tills state for any property mentioned in the first section how to be hereof, the treasurer shaU pay, on the warrant of the ''"'^ '"" comptroller, to the grantor or grantors thereof, such sum or sums of money as may be required to pay for the same agreeably to the contract of said commissioners, if any sum is required. § 2, same ch. § 1735. As soon after such site shall be obtained as onty of shallbe practicable the said commissioners shall devise efoners " and adopt a suitable plan for the construction of the asy- Mce tocon- lum buildings, if any construction is necessary, or thie Jn-iailJ'" "' modification of buildings already: erected and not occti pied for other state purposes, with the specifications whieh shall be approved by the governor, after which said commissioners shall contract for the erection or modifica- tion of said asylum buildings in pursuance of said plan and specifications, and the said commissioners shall select ; one of their number to superintend the building or modi- fication of said asylum. § 3, same ch. § 1736. The said commissioners, before entering on the ^""'Jl': duties of their office, shall give their bonds, with two or givo bonds, more sufficient sureties, to be approved by the comptrol- ler, jointly and severally^ to the people of this state in the penal sum of ten thoiisand dollars, conditioned for the faithful performance of the duties required of them by this act, and in such form and terms as shall be prescribed by the attorney-general. § 4, same ch. ' § 1737. The said commissioners shall have no interest. To have no direct or indirect, in the furnishing (if any building ma- contracts. terials or in any contracts for thfe saine. or in any contracts for labor in the erection or modification of such asylum. § 5, same ch. ' i • ; § 1738. The treasurer shall pay to the said commission certain ers, on the warrant of the comptroller, out of any moneys "e^pafa to in the treasury not otherwise appropriated, such sum or gf^^"; sums of money as they may require for the modification or building of such asylum, at silch time as such money may he; wanted therefor, in sums not exceeding five thou- sand dollars at any one time, and the expenditure thereof to be duly and fully accounted for to the comptroller, with the vouchers, before any Other sum shall be advanced. § 6, same ch. § 1739. It shall be the duty of the said commissioners Oonunto- to make a detailed report of all the moneys received by * °"*" *** • [ I •^ An act to aatborlze the establishment of a State Asylum for the chronic Insane, and for the better care of the insane poor, to be known as " The WUlatd Asylam for the Insane," passed' April 8, X86e ; tbree^fths being present. rv2t> RELIEF OF THE POOR. make report. Compensa- tion of com- miaeionen. Nnmber of tmstees to be ap- pointed Dy governor Tbelrdatlcs and powers. Cbronic paaper Inaane. Part of Commis- elon abol- ished, and powers vested in trustees. New tmat- ee? ajv'. pointed, their classi- flcatlon and terms of ofSce. them by virtne of this act, and of the progress which shall have been made in the erection or raodificatiian of said buildings, and of the probable cost to complete the same, to the comptroller as often and in such manner as the comptroller shall or may from time to time require. § 7, ch m,2, 1865. § 1740. Eadi of said commissioners, excepting the one mentioned in Section nine of this act (section- 1741) to be appointed to select, contract for and superintend the building oi" modification of such asylum, shall be allowed for his services and expenses, while actually employed in the duties of his office, the sum of five dollars per day, and the expenses necessarily incurred in the performance of the duties required by virtue of this act; and the treas- urer shall pay such allowances to each of the commission- ers on the warrant of the comptroller, the vouchers for the same to be duly presented to the comptroller. § 8, same ch. . § 1741. Said trustees shall have all the rights and powers, and be subject to the same duties, in said asylum, as are now possessed by and imposed upon the board of managers of the State Lunatic Asylum at Utica, and shall be subject to removal at any time by the senate npon recom- mendation of the governor. Said trustees) shall also fix the rate per week, not exceeding two dollars, for tlie board of patients. It shall further be the duty of said trustees, as soon as portions of said asylum are completed and ready for the reception of the insane, to designate, in a just anq equitable manner, and with the approval of the governor, the counties from which the chronic pauper insane shall be sent to said asylum, as parts of the room shall be ready, from time to time, for the reception of patients. And the commissioners who shall be appointed, as provided in section three of this act, to superintend the building there- of shall, in lieu of all other compensation therefor, till the completion of said asylum, receive a salary of one hundred and twenty -five dollars per month in addition to the actual expenses connected tnerewith ; the same to be paid by thetreasurer upon vouchers duly presented to the comptroller. § 9, eh. 342, 1865. [The commission appointed pursuant to chapter three hundred and forty- two, laws of eighteen hundred and sixty-five, is hereby discontinued, and the powers and duties of said com- missioner are vested in the trustees hereby appointed. The trustees shall consist of John E. Seeley, Genet Conger, Sterling G. Hatjley, Francis O. Mason, Samuel E. Wells, George J. Magee, Darius A. Ogden, William A. Swaby. The said trustees shall be divided by lots, to be drawn by themselves, at their first meeting after .. WILIiAKD ASYLUM. 527 the passage of this act, into four classes, the firet .to hold their office two yeafs, the second," foui years, the third six years, and the fourth eight years. Their successors SacceMors, shall be app^iijted by the governor, by ;and with the pluited. consent of the senate, and the trustees hereby appointed and their successors shall have and exercise all'the poweit faJh^^w' and duties conferred upon the commissioners and trust- trustees. ees named in Said chapter three hijndred and ibrty-two, laws of eighteen, hundred and sixty-five, as the same are specified in gaid chapter, Part, of, § 2, ch- 82^,' 1869, Eage 1943.] [The trustees ,pf, the Willa^-d Asylum are ''^"^j'^j^gj ereby prohibited from creating, in the future, any in- Fromcreat- debtedness beyond the amounts duly appropriated bylaw fSfu^"'*" to said asylum, and in case ^_ny indebtedness shall be u^Jli™*' created, directly or indirectly, in violation of this provi- sion, the trustee.s of said asylum shall be personally liable for the same. , ,§ 2, ch, SSOJ 1870.] ! ,, §1742 The chronic pauper insane from the poor- cisssofin- houses of the counties that shall be designated, as pro- sons to be vided in section nind hereof, [§ 1741,] shall be sent to the fum!'"'"'" said asylum by the county superintendents of the poor, and a:ll chronic insane patiper patients who msty be dis- ch,arged hot recpvered from the State tuna,tic Asylum, and who continue a public charge, shall be sent to the asylum for the insane hereby created, and all such patients shall be a charge upon the respective counties from which they are sent. § 10, ch. 343, 1865, § 1743. The county judges and superintendents of the Duty or poor in every, county of th|Q, state, except .those , counties j^udgcfaaa having asylums for the insane, to- which they are now au- tenleiu of thoiiized ta send such insane patients by special legislative *•>« pi^or- enactments, are hereby required to send all indigent or ?.*„*'«'& " Eauper insane coming under their jurisdictiorij who sliall , ^ve been insane less than one year, to the ,State Jjifuatic Asyluip. . i§ 11, same.ch. . i ; ., i,' ■:■ ; ,| 1744. , Seventy-five thousand dollap is h.ereby appro- Appropria- priated''for tlie purpose pfciaiTying into execution thje imonat" provisions pf this act, to be paid by the treasurer,, on the warrant of the comptroller, in sums heretofore named, from any money in the treasury not otherwise appro- priated.. ;§ 12, same ch,,,, , § 1745. The. asylum hereby created shallbe known as »,„»•. the WillaM Asylum for the Insane. § 13, same ch. • An act making Appropriations for certain expense of govemmenc, and for Bopplying deflciei)pesin fqrmer apprgpriations. Passed May 10, 1869. . t> Since the passage of this act sundry appropriations have been made by the , Ibgislatare for the purposes 'it tiie,said asylum. 528 RELIEF OF THE POOR. • ARTICLE SIX. HtroSON EIVEE STATE HOSPITAl,. SscnoiT 1746. " Hndson River State Hospital " for the insane, to be established near Foughkeepsie. 1747. Governor authorized to appoint nine managers of guoh hospital ; term of ofiBce of such managers ; govern ment of such hospital in board of such managers! 1748. Bights, powers and duties of such niianagers. 1749. Appointments by mantlgers of medical superintendent and treasurer, and, upon the nomination of the medical superintendent, of " resident officers ; " who to be denominated such ofibcers. 1750. Salaries, how to be determined. 1751. Notice to be given when hospital in part or whole prepared for the reception of patients ; medical super- inteindent's circular ; removal of patients from Utioa Asylum to said hospital. 1753. Hudson Eiver State Hospital District what to consli- tute, and how hospital to be designated. 1758. Inconsistent acts. 1764. Flans for hospital to be adopted by managers who are to contract for erection of buildings in accordance of such plane, etc., provided such plans are approved by the governor, secretary of state and comptroller. 1755. Neithei the managers or other officers to have interest in the furnishing of any materials, or in any contracts for tht same. ' 1756. How payments made, and by whom, for expenses in building such hospital and buildings. 1757. Managers to report annually to legislature and to comptroller. 1758. Appropriation for purpose of carrying into execution provisions of this act. 1759. Basis of plans and specifications for hospital. Location §1746. There shall be established near the city of and name. Poughkeepsie, upon the site selected by the commis- sioners appointed to locate the Hudson River Asylum for the Insanfe, an institution to be designated as the Hudson River State Hospital" [for the Insane.] § 1, ch. 93," 1867. • By section 6, ch. 837, 1870, it is enacted that " the hospital shall be designated the ' Hudson River State Hospital.' " b " An act to establish and organize the Hudson Biver State Hospital for the Insane," passed March 16th, 1867; three fifths beinpr present By ch. 666 Of 1866 the goyemof was anthorized to appoint five commissioners for the purpose of selecting a suitable site on or near the Hndson rlycr, below the city of Albany, upon which to erect the Hndson River Asylum for the Insane, and the said commissioners were empowered to receive by gift or to contract for the location of said asylum, subject, however, to the approval of the [then I next legis- lature, to whom such commissioners were required to report their action inibe premises within ten days after the commencement of the session. TbeacflonOf each commlssionere in accepting a site of 206 acres near the city of Pongbkeepeie, HUDSQfN B^Vm STATE HOSPITAL. .^9 nam- ' § 1747. Tlip f;ove,rnor is hereby ^utjiori^ed to tjropjjiiit AppoSqt- »ine managers for the i Hudson Kiver State Hospital tiw" 5e>''and"" the Insane^ de&ignating, at.tlje tij^ae of such appointment, ^S? of thrar Bespei3tive terrns of ftffiqe, with referetijice/ to the fol- managers, lowing classifioatiOiO, to w,it :■' three of said ipanagersah^'P serve for four "years, thsseie for Jivp- years, an<} thrp^ tor ^ijc years, front the tiiitie iof .their appointment; .an4. they shall hold their offices until others are appointed in .t|Vei,r stead, and shall be subject i±o fee removed at any time by the senate, upon the, rpcommendation of the governoi;. Their successors shall ihe,. appointed by the senate upon the [nomination of the goyeiuior, ^nd ghall hold th^r offices ifor^ six years and until 0:thers ,ave appointed in, ,<;heir stead, and subject to be removed imthe inanner afore^ajq. The governnjent.of the Hudson River .State Hospital, for OoTero- ■ the Insane' shall, be vested in the.saidbpard of managers, ""'" ahd a majority thereof phall .reside within the county of Dutchess." § 2, oh. 93, 1,86(7. tendered as a gift by the citizens of Dutcljeas connty, was, by chapteriS of the Laws of 1867 tii^proTed. By chapter ill), 1867, it, appears, that the comtaon council of the city of Poughkespsie on the 7th ipf Jaiii?ary, 18(>7, adopted resolutions authorizing the raising, tapon the bonds of said city,' of tbr^e-flfth^i of such sum as mig'Utibe necessary to secure the Ipcatiqn of a, state lunatic ^i)ylum on t^e .J^opsey^lt prop- erty and the Davies property, north of 'the cjt^ of PouE;keeep^ie, hot to exceed the sum of fifty thousand: dollars, to ilfe igiren to tl>e people of this state as a ^e I fQr an.asyl,um lor the insan^, and by said chapter such resolutions we're duly ratified 'and'Conflrnied. And said cominorf coufttlli was thereby authorized to borrow, in t)ip,eredit,o£pai|lci,ty, th£,snm,of .||Ay.tl>ajisao.d dollars, to pay thre^,-^fths.pf|the amo)int necessary to purchase the DkvieS Snfi Bboseivelt farms, to be given by the ^iid.city andtl)e;cc>anityoif:Diitche8^' to |th^ qe9ple of tbisstateps tj^esit^.pf the Hudson Biver .Asylum for t'^e Insane, and to issue, bonds or cer'tlncates of uidebt- edness for said ium,it>iayiible at such itlines' as ^said coniicil sihduld flbcand dirett. and to make due provision by tax in^ach lyear for the payna^nt of .the .principal and interest falling due on said bonds Oi* cenifleates as the -same shall beconieaiie or inataire; and,iq andby.said cUUpt^i'^itis pjQ,yided also th{^t ^nch, principal and interest shall be assessed, levied ^d raised in the same manner as any other ' ^ .•public or general, tax of said city,,aaid in. conjnnetion with the geppijal, taxes iof said city. " , ' The fdllb^lhg is chapter 83 of 1887, authorizing the connty of Dutchess, toi borrow money, to pay, lor Jands to be giveji to the people by the B%id ,poj}nty; aud the city of Ponghkeepsie as'a site for such" asylum, viz. ; . ' ::il. The action lOf the board of supervisors qf t,he cojuqty of Dutchess, in the adoption x>C the resolutioi^s passed by said board, b#the twenty-seventb day of December, eighteen hundi^ed and sixty-six, authorizing the raising, npon the bonds pf said .conn;^, o(.two-9fthn of such sqm as may be necessary to pnwbase the Davies and RobsOTelt farms, near the cityj.or Funghkeepsiei to bd given to the WQpierfit this iStat^t as a^site itjor at jasyl|up fer, tif p insane, >saeb,sApi|DQt to ,«7ceed the sum of thirty-four thousand do]la<'s, and kuthot:Izing tn^ dhairman and clerk of such 1^aa>d:tO'canry jsaid, resolatione into eneott Us iheieby 'ratified and confirmed, and declared valid ajid as eifecti^al as if said board liad previously been autborlzed by law to taite snch aetloi*. ' i'- , '' i \, ' -' ' ;■ S'2. Thephairmanand cleckof the 1»)fi^d,of .^unervisors ai;e hereby authorized to borrow, ujroh the credit Qf the said county of Dutcnesri, a snm not exceeding the sum ofthitty-two-tliousawd dijIlarBi.td'payitwo-Sftbslof tihe-anlouiit necessary to purchaBe the said Davies, and Boosevelt farms, near said city of Fongiikeepsie, to W^iivcij by said city iAiid itHc' Mid cotiity/ta the, people of the state of New .yppic, as. a, sjte ,fqr, the .Hudson rBJ.yer' A'ylwpi fP' the In^ne ' i.?. The'saW^airminind'Cl^V'k ofthe M - "- ' %.3. Tlie's'aidcHairmin tind'ci^V'k ofthesaiB Hoard of' shpervisopsJiire he^Ay s^tborteedto issii«,t)on^ jDftjijs ei[M4ie'>n?^y^tVl'4'° amount of thirty-Jt^Ur thpi)S{Ud dollars, in the name and under the seal of said cdUhty, to^e Bignea1)ythe chair- man and el^rk of «aid board of 'supervisdrs, tn, such amoatits,iat suplt rates, (qot exceeding (h« legal ratea), and payable^at snch times as they may deem proper. .S.4. Due.DroyJifion by tax.Shall be made (n ^^ch Mar, by tfie saidbdard ofsnper- . Tiaprs, f^i-.tne .payment of th^e Interest aind.pr;hclpal falling due on said Hdndi, as the same shall become due or mattate ; and such interest and prin(iipal8bair''be .^aaqessed.'leyiedand raised in.tbs^am? mai'"l«>^»' ?"7 "t^^" public or general tbz of said county, and in coii]nnctlati with the general taxes of said connty; 67 530 RELIEF OP THE POOR. RiShta. powera and duties of mana^eK. Appolnt- xnent? to be made of reaidcnt offlcers. Qnallflca- tiona of ' aaperin ten- dent. Saianea of* treasurer and resi- dent offi- cers. Notice, how to be given and pub- lished on completion of a portion of hospital, &c. Hedical sn- perlntend- onta' cireu- , lar. § 1748: The said tnanagei^ shall' have the righU And powers, aid he subject to the Same duties^ as aie now Eossessed by atid im^os^d upon the managers of the State unatic Asylum ftt Ttticia ; and the Hudson River Staife Hospital for the Insane shall be orgattized;^ and governed under the laws brgatiizing and governing the State Asyluni' at TJtica, except as ta'ay be herein otherwise pro- vided. §3, eh. 93, 1867. § 1749. [The said managers shslll appoint, at their dis- cretion, and upon the nortlihation of the medical superin- tendent, a steward' and such assistant physicians as tbb necessities of the hospital may froni time to time require, all of whom and the medical superintendents shall reside in the hospital or on the premises, and shall be designated the "tesident officfersl*' § 2, ch. ^37;- 1870.] [The managers shall appoint a medical superintendent, whb shall be a well-edUeated physician of eixperience in the treatment of the insane, and- a treasurer, ■w^ho. shall reside in the city of Poughkeepsie, and give bonds for the faithful performance of his trv|st in such sum and with such sureties as the comptroller of the state shall approve. They shall also appoint, at their discretion, and upon thje nomination of the medical superintendent, a steward and a matron, and [such''] assistant physicians, as tlie necessi- ties of the hospital shall from timii to time require, all of whom and the medical super^ntendeijt shall constantly reside in the hospital or on the premises, and shall be designated the "resident ofBcers,*' § 4, qh. 93, 1867.}! as modified by § 2, ch. 337, 1870. §1750, The managers shall, from time to time, with the approval of the governor, comptroHer and secretary of state, determine the annual salarieTand allowances to the treasurer and resident officers, the aggregate amount of the said salaries not to exceed the sum of twelve thou- sand dollars fo^r any one year. § 3," ch. 337, 1870. § 1751, As soon as a, portion of the hospital ^hall be prepared for the reception of patients, the managers shall cause notice thereof to be published in -the state paper and sent to the county clerk, county judge and Superin- tendents of the poor of each of the following counties: Clinton, Essex, Franklin ^ Warren ^ Washington, Saratoga, Albany^ Rebsselaer, Greene, Columbia, tTlBter, Dutcbese, Orange, Sulliyiin, Putnam, Rockland, Westchesteh, New York,' Kings, Queens, Suffolk and Richmond. A' circular from the medical superintendent shall accompany said • An ac^ appnipriaQing moneyt 'ffii' tbeHndson Blre): State Hospital for ihe In- ,Banc,andaaienduigactororganlzat^)i..,Fa!i^e4.April21,lS70; three-fifths being present. ! ' " ' [.' k " Prom one to three" omitted In oiigi(ial sSiltion, and " each " aubstitnted li the place thereof. < Section 5 of chapter 93, 1867, is superseded by this section. HUDSp^, RIVER §]: ATE HOSPITAL. 531 |iQti9e. tio each ; qoji^pty clerk, 99.vn3,ty judge anjj; superin- tendeut of th|q pbpr, d^esignating the number and class pf ■patients to, be received i ^jud; .when me. hospital shall ;be Transferor ''^ £ijUd; .when -ijhe. hpspital shall ;be ihall, bejg^y^pfi^ above, go tjiat all completed, due notice shall, be.g^y.eri fi? aboye, go tjiat all fromutica patients who' , may then be m the. ^tate Lunatiq ^syhipi Tni'iwfcr of at tTtica, ciiiar^e^blei to the above, meptiqned| counties, patients sliall be transferred , to the Hud^Qii iRiver Statp, Hospital a'sytam!"* fdi- the 'Inaaiie:,,', ^'4, ch. 337, IStp..;: ' , ." . '' § 175.2. I'hei cpunties enumej;ate(i in ihe last section J^?* t°^P'" ., sjiall constitute, tl^e, HudgQn River State, .Hospital distrifCt, d^s^p/ted. and thp hospital she'll be designated the, J^ijidson, River , State Hospital!' § 5, same ch. ' § 1753. All acts or '"parts of acts conflicting with the inconsist- provisions of this act are hereby repealed. § 6, same ch. *° ** .°' § 1754. The managers may adopt the plans for the "Wil- ^'*y b?*' lard Asylum at Ovid, or the State Lunatic Asylum at Utica, adopted for or procure other pliatis', feay^ings ainid' specifications for the »trac°fon construction of the hospital and other buildings, and the "' hospital. improvement of the grounds^ and shall contract for the to°."i5"iid! erection of the buildings in accordance with such plans ™s», &c- and specifications, andf'on such terms as' they may flfeehi ' ptopet, provided such plans, drawings, specifications, con- .^itracts, and .the terms thereof, shall be jSippr^v^d by the , governor, secretary of .state and comptroller, and further provided that the managers shall not adopt any plans for the hospital or other buildings that wiirn i » ...... § ,1;756^ The treasurer of the state sjiall. pay to the nian- Payment agersj on :. the, warrant' of the comptroller, out of any treasviter. moneys in the treasury not 'otherwise appropriated, such ' BUta or sums" of money as they may require for 'the build- ing of said hospital, at such time as such money may be "wati'ted therefor, in sums' not. e.xceeding t^n tllOtisand dol- ,jlars at^.any one, tipi§ ; a.n,d'-ihe expenditure fhqi'eof shall be duly and fully accounted for to i the, comptroller, with the vouchers andfull ^etailsaof tkn items ' and purposes, before any. other sum sbaU be advancedj, §,§5 same ch, § 1757. It- shall be the duty of the managers to make Heportsof a detailed rfeport of all thci moneys received' by them by "^egfsia. virtue of this actj and of the progress which; Bhall have tureandto been made in the erection of said buildings, to the legis- krT ™ 532 RELIEiF OF THE POOR. lature, in Jamiary of each year, and also to the comp- troller, as often and in such manner as the comptroller shall or may, from time to time, reqiiirfe. § 9, eh. 93, 1867. AppNt>TU- § 1758. One hundred thousand dollars are hereby ab- ^°^ propriated* for the purpose of carrying into execution the provisions 6f this act, but no expenditure shall be madte, except for plans, till the final adoption of the plans and specifications for said hospital. § lO, same ch. Plans and § l'^59. The plans and specifications fol* said bdspital ESii***' 8^*^1 ^^ upon the basis of accommodating not exceeding five hundred patients at any one time. § 11, same ch. noni. ARTICLE SEVEN. THE BUFFALO STATU A8TLUM FOR THE INSAITE. Sbction 1760. Oovernor authorized to afapoint five commisgionlan to select a site in eigl^th judicial district on Which to erect an asylum for tlie insane. 1761. Said commisaionera empowered to receive by gift, or olberTfise, site fbr location of sQCh asylum, sabjeOtto approval of legislature. 1762. Act of such comnilssioneis in accepting site of two hundred acres in the city of Buffalo, tendered by the said city as a gift, approved. 1763. Buffalo State Asylunr for the Insane to he established 'in Buffalo upon the site selected by satih commissioners. 1764. Managers of such asylum ; hoTr to be appointed ; their terms of office ; government of «Uch asylum vested in managers. 1765. Rights and duties of managers ; how such asylum to be organized and governed. 1766. Medical superint^dent.; physician and treasurer to be appointed and to give'bohds ; also Mfe ward, and assis- tant physicians may be appointed ; Who to be desig- nate dresiden't ofSoers 1767. Salaries of treasurer and resident officers; how to-be determined. 1768. Plans and speciQpations to he procured by managers, and how to be approved. 1769. Neither the officers or managfers to be interested in any contract. 1770. Ihity of state treasurer to pay, etc. 1771. Managers to make annual report to legislature, Ud when to account to comptroller, etc. 1772. Appropriation, and how same only to be Used. 1773. Basis upon which plans and specifications for hospital, are to be made. > Other appropriations by tbe leglslatare have from time to time been made. BUFPAI^O STATE ASYLUM. 5331 §: 175Q. -Thj8 governor , igjiereby authorized to, appoint oommiB- ftr©ie0rowi89i5[«ierB to select a suitable site ia western New ; Be?ect"ito York, in the eighth judicial district, on ?rhiqh toer^Jian '<>«■ asylum- asjluna fott- the iflsaae;. §^l,ch. 4U, 1^69. - § 1T61. The.Bjiid (pomniissiqners shall haye power to May «- , receisre by gift, Qr to contract for. the purchase of, ^iich,iby|?^'or site for the location of said asylum, subject, however,, to puSse^"' the approv?,! of the next legislature, to.,whoffi ; they g|hal,l , Legislature report their action in the premises withiq ten days aff;^];; aameJ*™™ the cckDiittiencetn0iit of the session, § 2, same ^h. § 17^3. f he ^ptioo of the cotnqiissioners appointed to, Actioiiof locate a^i, ^yium for the, insane in western JTqw York, ip sSJ^^s^ap- the €Bighth..jftdic^^l distriQt, puremPtUt to ph^ptej; foujr h\in- p'°S^ dijed aipid fourteen of| tjbi« l^ws of eighteen hundred %fl|d Bistyrninej in ^ecqptj,ng a ,§ite,pf t\YQ hvjn^red acipes tin the cjiy; of .Buffalo, tepde^rfdM a, gift b;^ t^ie city of Buffalo, is hereby approved. § 1, en. fil, 1870. o§il7^,,,TW'^ BhaU.,be establisjiediw the,eity of-,^uf- fg";'° f$,lo, upon the Bi|;e seleqtp^ by tlie conimissioi^ers ap- luS^MtSa winded, to loi(59,te ar^ asyl«p3, fpf 0i_e insane in wester^ l^ew [ be'e^^u*? X ovk, in thfe eighth jud^9^^ district, an institutioui to be '"^^'*- de^ign^ted as " Th^. B»ffailp State A,syl'^'^ for the In- sine.^'^ 1 1, ch,, 3.Y8,' 1870,, ' § 1764^1 The govefAor is Jfiereby aut^orize4 to appoint, Managers lyr ftnid with the'cqnseilt of t^e senate, teix mam^gefs for fum^^^f*" the Buffalo State. Asylun^ tor tjje Insane, designating, ^i,fo^^ thei tiffle of such appointn^ent, thei^ resp^.ptiyei, terms of oMt^ Mfith reference to the following classi4ca,tion, to wU ; ■ t\isrp of the; said waiO^ger^ shf^lj s^rye fof two years, t^jyo fvq for fiye years, and' two, fop si^ y€iar& froin the time of th^ir appointment; afldi tl^ey shall hpW their 9;^pes until others are appointed ii» tbeir.^t^ad, ^nd s^^)i. be aubjeidt to be renioveq at; any ti\ifie Vy 1^ senate, upop thj? recommendation of the gov- ernor. Their , pviccp?§iors shall be, appointed by the gov- Theirterma wnofi,, aad shajl hol4: thieip offiws for six years, and i^hjil ' "^ "*««■ Q?li$r.s;are appolfite4 in -their stead, ^nf} subject to be re- njqyed. in the; manner aforesaid ; j^nd, in p^-se of a va.cancy ip said Ifpftril, the governor sliaU ^PPpiflt, W ip^flner ajfore- said, to fill the unexpired terra. Tne governriient qf tfte oovem. BHffalq ^t^t© Asyli^m , for tbe In,^?.,n^ shall bp vested i" Syta».' the said board of mauagers, i § ^, s^nie eb. '§ 1765, The s^id ni^ijagers shaill have all the rights and Eights and " pqWfirs, ,?.ijd be ,?»bj^ct tq ths s.^W dttt^?, ^8 are myf mantgefe, pops^g^ed l?^ fti^d. imposed upon tji^e managers of the Jg^iX* Sto*e;tBfl^tic4^y^"i at Utii;^; f^m *^6 Buffalq St^te t°^eor. A^ylmn fof^ tl^ ips'^fle shall be orgapi^ed ^pd governed ^ '" ' lifrr'i' I '"J,. ■'|,,j,..i/'i ■111; i:>; ■ ; ' ' ' ' r, ,; t .■ '' ^" ■ • An act to cfttabllth bnd organize the Buffalo State Aeylam nit the Insane. Passed April ^, 1870 ; three-fifths being present. 534 RELIEF OP THE I*OOE. Appoint ment of physician. Medical superin- tendent, matron.^e., who to t)« resident officer!. Salaries of resident officers. Plans, drawings^ and B^dctft- catlone t&i hotoital. Officers and managers not to be Interested In con- tracts. Duty of state treas- orer. ' under the laws organi;zing and ■goyfefning' the State Asy- lum atUtiea, ejtcept as may be Herein otherwise provided. §3, ch. 878,1870. '. , § 1766. The jiiia^ftgers' shdl- appoint 'ft medicd superin- tfendent, who ishall'be a well-edUcated physician of expe- rience in thei tretitihent of the insane, and a treaaVirer, who shall reside in the city of Buffalo, and give bonds for the faithfjil peifprnjance of his trust. In such sum and with such sureties as the comptroller i){ the state shall appi^ove. They shall alsb appoint at their discretion, and upon the rioinjriatiftn of the medical' superintendent, a stewaM and a matron, and one or more assistant physi- cialis, as the necesfeities of the hospital shall from time to time require ; all of whofla, and the medicar superintend- ent, shall constimtljr reside in the hospital, or on the prem- ises, and shall be designated- the resident oificfers. §4, same ch. ' ' , ' ' ' , ' ' § 1767. The managers shall,' from' to time,' determine the annual salaries and allowances of the treasurer and resident officers, subject to the approval 'of the governor: of the state, secretary -of state and the cbbiptroller >; pro-- vid6d that such' salaries shall not exceed, in the aggregate, ten thousand dollars for any one year. § 5, same ch. , § 1768, The managers' shall pi-oCurd plansj dJ-iwings and specifications for the construction of the hospital and' other buildings, and' the iriiproVement Of the grounds, and shall Contract' for the erection' of the buildings in accord- ance with such plans and specificatioBB, and on such terms, as they may deem'properj provided such plans^ dra'^HiigS, specifications, ComtractS, and the terms thereof shall be apprbvCd by tbS' governor, '^tate engineer, and comptroller, and further provided, that the managers shall not adopt any plans for thfe hospital' or other biiildinga, nor alter or change the ^lans £l,dopted, without the assent' of the state officers aforfesaid. § 6j same ch. § 1769. Themauagers and Other officers shall have no interest^ direct Or itldirect, in the furnishing' of any build- ing materials, or in any Contracts for the same, or in any contracts for labOr in the erection of said hospital. § 7, same ch. § 1770. The treasurer of the state shall pay to the managers, on the warrant of the comptroller, out of any moneys in the treasury not otherwise appropriated, such sum or suras of money as they may require for the build- ing of said hospital, at such time as such money may be wanted therefor, in sums not exceeding ten thousand dol- lars at any one time, not excecdliig la the aggregate the sum of fifty thousand dollars ; and me expenditure thereof HOMfflORAiTHIO ASYLUM. 585 shall' be' dwly andr'fwltyaccdunfed for to the comptroller^^ \Wth'th6'tb&bhere'iinafell^detan3,b^^ items, and pur^ P,Qpes, before, any Ibther Slim shall "be advanced. §8, § 17.7i(i-ItfSi)#Uibe thp duty of the map^g^W ^o.make a Duty of detailed report of all the moneys received by them by to^report'to viii}tue.of|lilip,s B!(?t, ?ind.thieii|)rogres8ivrhich ahallihaiireybe^n legisiatnre.; made in ithet espq^joBi 0^ ■, Baj4 Wldings, ; to /thig, legislature , .■ \ injJan^aiyof ,each;iyew»is(«4; also itp',theiBom,ptrf3Uer,;a9 : ofte^jiftpd in such mannej^iias .theconjiptroHerisWloj may ,j ; 1 fromiitiwCi;to time j:eqi)iifp.- § 9,,,§ame:ch.! 1 ■ . ■ I , i , §74772. Fifty thfi^^l^^)jidJ0llar8Mare. hereby f^ppjjop^ated Appropri*. for the purpose of carrying into execution the provisions """■ oCi)fehiP:iaiot,(butinp,expiep4ilt!ijir^ phalli be made, lexcept f'Or ..v.jam-! pl^s, itiil tjie,: finalr adiPpttion; of the pilains atid, ^pecifiq?^' tiQnS'for said hospital. ;§ liQ,i same c}i,; {, i ' , i '4\VJfl3. , The plans and,;^eciific$,1im8 for (said hospital, B»^»;°fj shaXl be upon ithet basis . of sfipopin^o^ting not exceeding! speciflca- fifB:J}Lundred patients a,t. aijy, Qne]tiii;iie.i ,: § 11, ssime eji. ri) °°"' -- '^i '' ! -III. 'f -iMii: ' ' , ■ ' 1! ' .'■! ..■:'■..":' r ■'. '''''■■!•<'■' i M //'.!. J ;,.i/' .;l. nxfiiil/. ' hi'.;) M. !i;nr>; .1. •-■• ,:■ ' '\ ,.:' ' ■'. ', ■ .- -hm ''■< ;"-i'i1;- iri I .'i '■:' i 'i.' '{y.i\.: i m, '. ■• I ii I : ARTICLE EIGHT. / ,' I ,■./■■, .-■;.■ / / ■' THE 'state iHOMjJSO^ATHIO JijsTLTTM FOR THE I^ISAIfE A^ •i>.l'l'i',' - ' ':' ,Mp)pLETOWlSr. Sabripk 1774 Said State ^pmc^opathic i^jlom fo^ t}ie careof, and treatment' of tUe insaiie and in'ebiiate,' to be estab- , '•' "'lished. ■"■ ■'■'! ■■' ■ " ■■'■■■■ '■-■■• 1776. Trustees of ^ueh'aiiyl^iUiVaQanAies in dfSce of Bdch trustees kow to:be s%pt)lied,:a]iid: TChem and how 1 such II trustees subjeift to rempiv^l., , 1;, , : ;■ 1776. Trustcjes not to be interessted ii^ the buj^g or seUing. / property for the asylum. ■ '"■ . ' ' 1777. l^nancial and busih^ss conceniEt of asylum under whom '' to'bef ; i^htfc, 'powers' ^hid duiii** of trustees.' ''' i '■ ' 1778. When trustee may be dfea^d^to hav^ vac&tM' Ms offl I' I. i 'and a sacceBsorm^yibe d]sp9initedltO'fiII!suphTo9ce. 1779.'Annual meeting of trust9ea,iwhei aiiiditrhese to be heldi .., ^ ., ^,: , .^d.foi:,7i;hat,pnrpp^e.|,^ ;, ,|^ ,,|\, .,, I'j'SO., By:-Jfiyii[s,.trnstees may, from time to tiine, pc^p^titnte and^ '' '"•■ "" ", ordain. ' ' , "■'',, ' ' ", 1781. Superintending homoeopathic pliysician and oih|3r o£S- ; ;>l) i. ilfii viJeri'of'asyifei;''tte'triistfe^s may; appoiA't; duties of'' iirii-. r:j'itairMsiiuibi::offlcBiisa'ndHheirenlaiifiB,h6wita'be fixed. - , JX82. Charges for_the pare, management and treatment of patients limited. *'''^ -'■''tm'-'ii^iiii^IwE^e'WbB built: : Z^' ■'■, ; '', " : 536 RELIEF OF THZEPGOB, homoeo- fiathic asy- am for in- sane to be eetabllshed. Tnutees. t^acancles Ji office of truFtees, how to be mpplled. True tees not to be interested in con- tract!. BneineiB concerns of asylum to be under direction of board of tnutees. Quorum. SjKrriOH 1784. State trensws^r, when diieetetfl Pt) t^Miant pCth^init^ traUw„topaj; IrustWB swolifsv^ms 4s thej may Tequira for tfie puiidiQg of Bald asylum. 1785. "treasurer of asylum' to g;ive bonds,' with sureties' ^0 1» approved by comptroller. ' 1788. OoJB^rtUer; when Erected tO; issue WkWiirrakt.' § 177*. Th&re shall be eStablisheidi a* Mid^^J^tbWB, Itt the cdtnity of Orange, ft B«ate Itrtiafift ftsyltim for the care and treatment of the insane siud ia^bilate', HjJon the prki- ciples (t( thed'i&iii^ kmvm as th'e homqb(!>]rdmJbrth6tvtosa;qtian>cif iDiiBinessj aQd a raajoitity ®fr tneiimirfbeli pretont aAiamie^timglBfeiaE be re- cprasifeeifref Hii,teiauy!iAlioitberddtiiieB, nights 'aBtd'po\TyrBi<9£ said totiiateesii," powers ana gfaattbetthBJSsinie afi'tBosednni^jKiiBed iipdh 'the manidgeESicif -'trastles! thdiState Lu;nfctici.A8ylutiiia4'¥ti4a; §:'*, ohj 4)74^ plS^O^'. ' § 1778. Amy! triietee- failing to -attetKlt the rbgokraieeti-- TruBtee, ■ iflgs df. 'tlteboaM lor.orie year iniaajlthdreiiijjoml^ at the op- Teemed to* ti®Qi'0f gaid b'oaW^i be (JeeBiied lo hawe Jv-ac^tedl' hid office, MtadBaeei ahd ai sueceissKW oiayib* iaip^'^iiitedl; to fill "^hleiBdma. ■> § S, '" ' ' siikt^chjJJJ-. 0!ir 'tu •loi'i'i'M tn.'. .,'': -,; ,-/>it ,■-,■- .-'■■• -i/ ■.■,.• ■\.- §1779. The trustees shall holdithieiic aiBiiaal meetimg . Anfiftil"^ oln^'tfeeit|feif4i'Efcre(id.yiinjJiiiie,iat the: asyliuii^tO' receive trast^'SI^"., rfep(9rt8t«^iiihfciw'ioiBoel'8f as;t0'the;-bugiiie88fand afiair&^bf > i> ■ skdri eatpoiplit(bit^'taild toctjra'Dsact'Siielifilbthet' ibusine&s a^' may bflfdeeiBe4'^e^essajry.feIi§6jiBSWM)eidi.iot)aj! i i ,fic>.?r .nt. § 1780. The board of trustees of said asylum shall have ?y-'""i power to make, constitute, ordaitrami establish, from time "^ '" to time, such by-laws, rmes and regulations as they shall deem proper for traftiktSJilg,^ matila@i% and directing the affairs of said asylum; provided, that such by-laws, rules and r6galatithei«a|bd.cosi|]oration po^teS'and as they shall deem neee8aa)igE,firolio«kall.respec1aiTOly hold Jfg^''],^*''*" aiadtpm&ia^itke duties :pi^tainaQgMtO'ith&iit offises and fixed, agencies during the pleasure of sM'd'boardj and the said board shaBj'fiPdtti' time to tltee!, fix the salarifes bf such superintending' Physicians, assistant; physicians, ^officers, ahd agents]' § Sj'sauie cH. ' ■ "' ' ^ / , § 178^. ,'J'he pharg,^, to be^n[j^,de t:^.|;he said ^,lnm for ^^'/f^'^''" ^^p^esj,]},^ treatment of patiejits slialt be,8Ueh,%i^ps only treatment as shall in the aggregate be sufficient to defray the current °' p»'i™ts. aspeasea of. aaid.fl^i^m;. < § dj-same-eh. i.> i .wn S 1783. The said asylum shall benbiailt fiiion such lands Asylum, as the teMBteiftBTiiay purchase, ot etic4l as maV b8'|iven to buiit. it, wear tonpirwitMti' the" village of Middlett)vMjX)range cou'nty. "§10, fei,W6'6h. ' ' ' ;;,.;,;, ■' § 1784. The tre^,surer of, t^he state is hereby ^fcted to Treasurer p.p^, on the warraptof tli^jComptroUei;', to tl?i|^frustees whenSniy earned in ihis act,;, such -8Hm,or 'wims of ji^oney as they {,° {J»f^^' ii«ty,rfiquireifor>t.hebiiildiiigO'f.«aid(jiasylwuya»d;at such asyinm. titles as.may ibet'W»iited'itx%he "pposeeutioo^of said work ; but said sum or sums .in the aggregat6"liot*to exceed one Juindred and &fiy thousand dollars. But the said isunt: or stiftri'g ttf'taoney shall not be paid until it isproviBft'jQ the,, 68 538" RELIEF QFl!EIE'PO<»R..l Batisfoction i<^ this comptFoUer iUati one hoiid^ «i)d ififtj thousaSnd' dbllarsj bareibten isobsefibedi ib}i ' pnirate peirspna i ^^1 andaclAialilytpaidfvinioashiJiSd ibei»|)p ^ '-; ;|of a she feirj-attd- itlie "CoiMtrHotidnandifraaiii'teAhAiceiOifiil ;,,j,'^:,';8aidasylum5i arid ithqeslpenditure-ofithe said sunktorsiitadi aBprapriatiediby,*bp state, together with all, arflouatd de-j Tnvedior jfeQeivedliflxDamltether Bbiirces^idWl b6 feltlyland ,vhdulyant7^«t' -''"'< 1 1786. ,Theife«)inpiafoller,o£itbai8t»^>a8iihiafeb5fidii?e studn .trustees, in accord&Boefwit)!) this. act. § 13^ eamelcluJ vjuu .>■;;■', a .),'j.i( Ihji'; ii!i ; ,vj; Liii>j'ii>-i -.icii"; inji..(l -.liT .'icTi ?! , " '" ^' "mil fiic'i'l ,j!- i!(li;i^'i III)' iii,i;i — ■ ' j 'lli ip m ,v>Ij id' f^l 'im'/.i'ij Ui.iU •/■lilt 'i; '-i!..il«!ir- .. iiiii. i;-! - ■// .l-/'i ihjiit-. .'■iilili I ;uil vilh nil. ■■ lu; ABTIOLE. NmB.».-,t -in'l •i.„;.,-|,, ,, .|j c-Jin ,-V, 't|-'i' ll il; 1i:ii I ,L';l'i /I •]•] .III.''/. I'ir - '|:i-'f,i 'jiVHKlSTATS.XUNiitnc jASTLUlti FOR INSAJirS CRIMINALS.: m: Sbction 1787. Bailding on prison grounds al Aubam to be known as the asylum for insane crimintils.''" '' ■ >< ■'?.n!r'','!' ""? 1788. frib^eotoribf state prlibis to ajtidiit iHedical Buperin- .li-r'.li.i ,':i]i\-)' 1"^ itefldenti; his duties. i- /. •., .ij> •; i m l>ni..iiMtr:'!.'i "'' ITSO. Saperintkhilentto'reaidisin bliUdiii(;;'ibliBalar}r. .ni: ""*','-■'•!: '■ "" ■'l^*'*' OtJieriofiBceawj liow.Bi(pc»nted.- in -ji* I - v-.i!! .i- ..'I tiu; 1T91: Female cont^ettiikt 'Sing Sin£rit)ecoailng> Insane to be \,U.- ■'! I ' : rtoHOvad,|«^> , , .im,, .,),, , , ».,,;ii-. -*i .■.,;^i; jl III-: ! 1703.' SapeiintiMi^B^t to file bond in foi^ptiK^Ue^ft office., j.(j,j .r-iViii. .179^. To: e«(bnatAjmo^h]7, Jfi^efs /tW^BBary. for laainte-. nance of asylunuj duty of inppept'gr in charge of .AnbumpdBon. • ' H' " ■' -. ' ' I '' -r . I , , ■ . ; ■ ' 'A I ".' ' 1794. Inspectors re(jnired to Adopt rules and regulatiobg. '^ , ' ;^ ' , ' '•"'" 1795. When physi'cians ;certify as to inftanlty of convicts; duty ' i/im viil ' of inspectors tlwrenpon. ' ; i .ii . < r 1796. Insane ^Mtnvlet' ; wU^a; to be removed to tlis county of . . ''■[fY,\; -I'llJlI fi'i; ■ II' *f4»^*VMllWt Uiiii-, 1,11H> l-ii; .iil'J' .;,<5., :.; ' "'j'Tl") oJ iT.i i 17971 (?9«»v'Wijr1<>f<». fwpyicertifioat?, of conviction to be filed, i and 9rigi|i^ delivered to Bupenntendent. . • '" ''' •' '"■' ■':•:"■:?, "'^ ''17^. PaJr'ofp^^tlafiBWi^WceB,etc. ' "'■' •+'' ' ^ '. I'ii, " ^"^^ "'1800. Certaih' ^l^'ns' escaiiUg indi(iimerit or Conviction '*n B.id ,,ii '.'■"" ''■ i?round oPftdgainityitnbeBent toasylulm «t AubttM. .oiuliR* i\;ii>. jgoi Convicts unaif-Betttenoe 6f murder, arson, ete. ; in otb*f ; A-Mii ,11' |l«w}lvn^ whA^ And hoTr.maf/zbe rempved to t^ivi ■ I'M i) ' ,-i/'j ufy?ff°>'ir^'j-ivii: .j i" .gill'-;.. .-U'. ,i.i IlltJ * This arliltsW^ctMltt* iprincip^Ur dhaptet t30 of ttaa laws of 48S8, entlUM: LTJNATra ASYLUM FOE CRIMINALS. 539 '§1787. The building erected 'on the "prison grounds at state." ; Auburn, for an asylum, shall be known and designated as Asjinm jbr the State Lunatic Asylum foir Insahe Criminals at Auburn. criSSnaiB §1, oh; 130, 1858, to amended by §3, chi 895,1869. § 1788. The ihspe'etort Of ytife prjsoilai shall, at the first '{5'P''*^9^J quarterly meeting of their 'bOard at th^ Auburn' prison, '» medical after the passage of this' act, appoint a miedieal Superin- 'tenlent" tehdeht lor said asylum, who sMir, under the direction of the said inspectors, h?ive the charge of said asylum, and shall mate all the purchases for the suppoi't of said asy- -, ., ■^', lum, and shall account fbr'kll liioneys cOftiing to his hand in the same manner as the ageht and warden' of arly of the ktat^ prisons are now 'required by la^ to account. § 2, ch.l30, 1858. . ■■' " '■' ' '^ §1789. The said medical supei-iritendent shall reside ^fS^^'t^ in the building, and shall devote all' the time necessaryi 'j^swe in tothe^cufe and ti'eaitmeint' of those cOnfi.hed' therein fctr^'ing. treatment. He shall receive a salary of One thousand Hispaj. dollars per annum, payable'inOhthly, and shall be allowed ' rations for himself and family, and aU nedfeasary fuel and lights for warming and lighting hia rooms in said buildiri'g. § 3, same qh. ' > § 1790. The other ofliders in said asy 1pm shall be an '°'^/J°|^- assistant silperintehdent, and not exceeding six attendants ' their saia- for the male department, and two female attendants for ^ "*'• the fpniale department, who shall be irecomtaehded by the medical superintendent, and,' if appro'yed of by the board- of inspectors of state prisons, Shall be appointed aa such ' by said bdkrd Of inspectors, and Shall be paid as follows : Th0 assistant superintendent ihall receive thirty* doUai^' ' per month, payable monthly, arid Shall also be! boarded irf.and at the expense of Saiid afeyluin; and the saidiat- tradants shall each receive f^enty dollars per nlonth aind be boarded in , said asylum. § 4, 6h. 130, 1858, as amended by ch. 73-4, 18:65,' and by § 1, ch. 113, 1867. . - § 1791. The inspectors , of state prisons shall cause a.iij' ' renMa • female cdnvictin the state prison at ging Singjwlio n6W|iS|'s£|* is or may hereafter beco^rie insane^ to be removed to a'nfl'J'nja^'"* retained iti tYie female department of' the State Lunatic Asylum for Insan^ Crimirials* in the manner provided,* aiid' subject to the provisiolis of the 'abovei mentioned act. • Atid all the provisions of said act shall apply to the cases of'0onvicts so removed, except that wherieveir, any suiih' feiiiale coflvict shall have become restored 'to 'reason sh'6' Bhall be transferred t6 and again teeeived into the female state prison at Sing Sing. § 3;;ch. 113, 1867, as modii' fied by ch. 895, 1861. ' ' . '' '' . /. r- !'■■'' ■ ■ L_I 1 .! , U :.!- " I II fll ,■•" 1 i , i ' I I ,■ .1 1 " ConTicts " omitted and " Criminals'" substitateA iii|the-^l»ce tb^refif. , . ^ , 540 RELIEF Of THE POOR, SnperiiiT, , tendeutta file bond. § 1792. The medical superintendent B^all file j» the office of the comptroller of this state a, bond, in the, penal sura of ten thousand dollars, cojpdltioned for th^ faithful performance of hi? dnty assujch, which;bond, hefbre it shall be filed, shall b^'approyed: by-the bpard of inspectors ; and no such medicaV superinteiiaent s^iftll enter upon the dis- Shall estimate monthly. charge of the duties^ of said office till such bond so apr '"."'' " " : " qh, 180,1858. proved, shall have been duly filed 8B aforesaid. § 5, qh Inspectors touopt rnlee and regnlations. Fbyslcians to certify as toinsww copvict¥. § 1793. The superintendent shall e8tima,te mpnthly, a» is now provided , by, law, apd subject to the same ?;pstri,c- trons and conditions as in ihe case of agents and warden?; of the state prisons, fpr all the mweys necessary for thft support and maintenance of said asylum ; whioh estimate shall be submitted to and carefully examine^ by thq in- spector in.chapge of the said Anburn pi'ison, who, if he is, satisfied that the said , estiniiate is correct,. and. th^t th^ articles named in s^id , estira^ite are actually nea^oid tor the suj^rfi and n^aintenance p{ said asylupi, shall certify the same ; and on the pfo^.uction of ^ai 6np^riatebdfentd salami sbtdl hrfbrra'tbo' saiid' jad^iatid the dretrictimlitoiffltey of the ' '^6uiit;j^' tJij^fcsof, fedthat %he "^drsb ti ;so ftbnfifted may, within sixty days thereafter, be remanded to prison, and criminal pro^eedjpge be ^egrunii^dkiOi', otherwise disp}jjirg^df If any such person be sent to eitlxer of isajd asylvmas^ijije county (.frQm,wJi,i9li he is .sentMshg.!! defray alj: the e^pemsi^s of such Eerson while at the asylum, and the expense of returning im to such-county ; but the county may i recover the f amouut fio paid from his ownestate, if he have any, or from any relative, town, city '6r county that would have ^ been bound, by emsting laws, to provide for* and'feiaintain him felteewheij!^.' §7,>;H:;§96, ^Se^,;'- „, § 1801. Any person now or hereafter confined in either rof the state, ,iu»a,tipoB8yluniBi upon thechargerofr arson or murder, or attempt at nnirder, under the provision of ' section thirty-one or thirty-tw6 of chaptet* oiiSf hundred ''and thirty-five of the law^ of eighteeti^'huildred and forty- ^.t\^p, or un^er t^e.prece(|.^ng section b^,t|ilS,^c|,lJifay, upon ^jttfi ,a,pplijcation, o^any'suiperintendierit: of an asylum, be brougnt befoneiiirijustide of the supreme 'court, who may order his'reinovsd toitlw-Stiate 00iiWa,tie ■A'ffjfluSI^r Insane : Criminals atiiA-ubwrni The ■ provisiojl 'bi'^tHg^^receding ''section, reqtiitjli^';thecbtinty<^^ expenses of a person sent to either asylum, shall be equally applicable to . flimil^,]?, e3j)eppes 4j;JBiflg und#r, this, sectioq^ ; § j 2j same ch. l!i^ FeraODB may be re- manded to prison upon re!>toration to sanity. Expenses at asylum, Ac., hnw borne. Proceed- ings tor ro- moTal of criminals to asylum' at Auburn. Expenses, how paid. i::-r. .Ull-'l :;,- 4KTICIJE TEN. :;;; nrit III nuii'SUihr,- Section 1803.' MaiKt^etk^nt of a^liiib'; in Wliom vested. -1 .Jni!' ;1803. Trnstees; how ap{)ointe(iii,w-i/< i*! '"f.X ,3% TQ^ M>14 trustees shall procure a building; suftable'for tne'Sdacktlon of such ''^)dli)Tiation there- shall > or guard- $3. The said number of idiots ahi^l be selected f romthose wb ians are unable to provide for thfelf SiJff3rt, ijflme^'Arthehi ftbnieadh of the judi- cial districts of this state, and the trustees are authorized to receive such addi- tional number of idiots as can be conveniently received into the asylum on such terms, and on the payment of such sum, as the trustees may deem just. , , is. The trustees of this institution shall make an annual report, on or before the I lamokt ^VeDMhiy tt'e&clTyelMlio'llhf IbgltlatUtei^M'thd Mudltiotai idr tLs:instl- ■ '^'lald't'witiotts h'iWe'bgin sApArs'eaeBby'iinbs'teelufen't'lfetislaSfton'.' I "' l^^'iV 'in r, E|y,«aeUon 4',ot.phapte^,163, of 18^,|Hflmilton^W^l(«..4Il^n Afnfi|Eqi(and,Hlram < Tntnam were api>ointed trustees of said asylum in adaitlon to tno liuiftDer'then provided i)y law, and five trnstees declared sulBcient to constitnte a quorum for the transaction of business. .)"(.'i(i»jj 544 RBMEIP OF THE POOR 8B6noir 1804. Powers and dntios of board of: triuteesi ' 1805. Such board to a>ppcAiit tsaperiotendent and treBfiniiaT •, .pttpejinteJB^ent tOAflpDiiat ,»te>(r»ri^, ,»Bd,matJ!on,,(md they to ^bp 4Bnoiiiinated resident pacers of the • ksyltiin; 1808. Anijual salaries of reWdent officers ; how determined. ^ 1807. 'Such salaries to Be paid qmiiterly. 1808. Beal and personal estate "maybe held by -the tnistefts in i;rust for the: state. 1809. TsoBtees directed to establish by-laws. 1810. Si>^eiflnteilddn1;tobechiefexec(ltiiye officer; hispowars apd'duties pf pe|ic6', and'from aSsessmeiptB fpr highway '! labor, ■ 1812. 'Reeord of proceedings' <>f the board 'to be' kept and 'to I heopen>to>inqpectiont ,i' . 1813> I)M(i?B of,b«ard pf ;t];iiB|;iMs> a meftiDg ofisncbib6and4o ^ ^ ; ^^,he^ t-flriep :a ye^r,-Aitd .c^qmiQ^ttee.to .be ^ppoint^d ' annually. 18i'4. Resident officers to adiiiit any of trustees, and th^ir I ■ tooks and :pilp«lrB al'ways' to be ' open to sufth itrustees, >, '<«bstrRetf.^pd eopieS' to.be furplshed, etc. •' .1816 : iFpw«r8 and'dvties of treMorec )iolntad ant. .< ! mi '1816.: iBiteh treasurer to lecjlve moneyB .Autito the. asyliuA ; .actioijs ,by such Measurer [noli, ^p.^^te; where such actions may be brought, and how judgin'ents to be diadhargM'of'reooW, etri. "•'■ ■ - i 'f 1817. Ddty'niV'lB;'qoti«eitcrte given by superintendent to clrt« of 'botird of sufiemsors. 1819. Numljer of,p^pils to be pijmpOTted gratuitously in the ' asylum ; What pilpils so toT)e received and on what «x)ndjtipns, andhow to be deai^PAted.' .,, .,., 1820. .Sta,te,pv»pilsi,.when discharged j 44ly .of^^perintend- .. ent inxespec^ thereto ; duty of superintendent oi the poor. 1821. Stiperlntendeiit to agree T^ith patent or guardian fpr support of pupil ; bond to' be executed and how com- ddtioBed ;' Ddtlee to remove idiot, .what to contain ; and, in case of failure, i term, and such trustee shall be subject toi removal in the manner above provided. Five members of the said board shall consti- Quonnn. tute a quorum for the transaotion of bnsiness. § 2', same ch. • .■ § 1804:. Said bbard shall havie' the general direction and J^l^^oJ"* control of all theproperty and coilcerns of the said asylum boMdof not otherwise provided by law, and shall take charge of '™"*~' its general interestsj and see that its> general design be carried inito effect and every thing done faithfiilly, accord' ing to thfe requirements of 'the legislature, and the by-la wfr, rules and r^ulations of the asylum'. § 3, same ch; § 1805. The board shall appoint a superintendent, who office™, shall be a well->educated physidanj and a treasurer, who shall reside in the eity of Sy>rae«tse, and give bonds to the people o«f the state foir the faithful performance of his trust, in such sum and with such sureties as the comp- troller of the state may approve. The supea-intendent shall appoint a steward and a matron,, who, together With the superintendent, shall ebustaatly reside in the asylum^ and sbaill be. denominated th^ resident officers th^eoH §i4, same ch. § 1806. The board: shall, from time' to time, determine s^rfei ot the annual salariesiaitd aUowsdees of the resident officers ° **"* n 1- ' • — — '-i — — 7— P : '-•■, — -r • " An act to leorzanlze the State Asylnm for Idiots, and to provide for the I^Mrnment and ilkini^ment thereofv" passed' April IS, 186!)'; three-flfthe'lielii^ present. 69 546 RELIEF' OF THE POOH Whenpsja- blc Hay hold In trast gifts, grants or evltes. SaUblleh bf-UVB. Sapertnten- dent to be chiefeB*- CUtlTB- -' officer. His daties and powers. of the asylum. But no determination as to said salaries, or either of them, nor any alteration' of them^ Or either of them, shall be made unless therid shall be present at a meeting of the board of tfustees, the governor, lieutenant- governor, secretai-y of state, comptroller, superintendent of public instniction, or a majority of those officers, of whom thfe comptroller shall be one. § 5, ch. 220, 1862. §1807. The salaries and allowances of the resident officers of the asylum shall be paid 'quarterly on the first days of October, January, April and July, in such year^ by the treasurer of the asylum, on presentation of th« bills therefor, audited, allowed and certified, as prescribed in the by-laws. § 6, same ch. § 1808. The trustees imay tate and hold in trust for the state any grant or devise of land, or any donation or bequest of money or other pei^onal pi^perty, to be applied to the maintenance and edueiatipn of idiots, and the gen- eral use of the asylum. § 7, same ch, § 1809. The trustees are hereby directed and empow- ered to establish such by-laws as they may deem necessary and expedient for regulatiiig the appointment and duties of officers, teachers, attendants and assistants, for ibcing the conditions of admission, support and discharge of pupils, and for conducting in a proper manner the business of the asylum ; also to ordain and enforce a suitable sys- tem of rules and regulations for the internal government, discipline and management of the asylum. § 8, same ch, § 1810, The auperinteu'dent shall be the chief executive officer of the asylum. He shall have the general superin- tendence of the buildings, grounds and farm, together with their frfrniture, fixtures and stock, and the direction and control of all persons employed in and about the same, subject to the laws and regulations established by the trustees. He shall have the appointment of his co- resident officers, with power to assign them their respective duties, subject to the by-laws.' He shall employ, subject to the supervision of the board of trustees, such teachers, attendants and assistants as he may think proper and necessary for the economical and efficient carrying into eSect of the design of the institution, prescribe their several duties and places, and fix their compensation, and may discharge any of them. He shall, also, from time to time, give such orders and instructions as he may judge best calculated to induce good conduct, fidelity and economy in any department of labor and expense, and he is authorized and enjoined to maintain salutary discipline among all who are employed by the institution, and .to enforce strict compliance with euch instractions, and .;ASYLUM FOR miOTS. 547 uniform obedience itballl the riiles and regulations of ,th{e asyliunj. -,He fihall further cause full andtifairi accounts and records of all his doings, and: of the entire business and operations of the institution, together! i with the con- dition and prospects of the il)upils, to be ktijit jn^ularly, '" from dayi to dayyin books prpvided for that. purpose; land he shall! ^ee itliat i alL such accounts and records shall be ■fuUyi made, up toithe first days of April and. October ■ in each yean^i and that the priQ^ipal facts and reiuMs,' with his report tbie^edtay l)e pfesen^ied tothe board at its < semi- annual meetin^a. : The exercise of the foregoing powers .shall be subjedt to the. approval of the.brustbesj except 'ais herein othecwisp providqd. He shall conduct the ofiicial .correspondence oiiitbe i institution, and keep a record of the a^pUoations received,, and the pttpils >j)idmittedj iand he shall he' accouMablei for < then caa'efM keeping: aiid economical use of all , furniture, stores and other articles provided for the asylum, and> prepare and present to 'the boiardl at its sbmi^annual meetings a true and> pelDiisctt inventory, of all the perfe^naL property and effects belong- ing to the asylum;. §.9 jchJ 220, 1862. i ! .1 ':]■•■ ,'■ § 1811. The resident officers of the asylum and all the Biemp- iteaehers, attendants and assistants actt^ally ;empldyed offlcere. 'th6i%in,^!dniiiDg the time of suchi employmenttehalliibe exempt fix)tBi serving on juri^, from all as^dssmentisf of labor on the highways, and in time of peace from all service in the iauitia>; aad< the certificate of the superin- tendent shall be conclusive evidence of such employment, .§■ 10, same ch; - . > i...: i-I;;-'-- '':'' ' ; < § 1812. "The board: &ihal>i:keep'in a bound book, tobe soatdto provided forithatipuarpose, aiJ^ir andfuU rpconrdiof all its Ji"^ doings, which shall be opera at all times to the inspection '2 of any of its -members, andjof all pereone whom sthe gor as the iboard may jjfromi.time'to time, ordain.' §12^! isamech.' ' i;.i§. 1814. It shall be the duty of the tesidefnt -officers ' to Jrn^WeB ' >admit any of the triKteesi into every part. of the money due dpon such . judement, or upon any mortgage in his hands belonging to the asylaqi^ exeoitte a release, aoad acknowledge fall ASYLIIM FOR IDIOTS 549- BAtkfa^^tioii thereof so tbat the eatme may be 4i4^rge(3 of record. §15, ch. 220^1863. ; , u , ■, § 1817. ; The supeiintemdent ^allv,ait /the tiutje/ of tii0. ^»"« """^ aJdmissiop^^ of. any pupil ibt<3rtheasylaw,fiffliteRin abook,t<>! or'pupu'to be printed aiixi.keptforthat>pnrpose,a miautej ynith date, ^"^''p*- of th© name and Residence of the pupil, and of the person or bersonsiupoii whJo^ application he is reeeivedij tQgevhicth state piipil* may be selected and, y^eiived into S;9SM" the asylum j^. are hereby iauthorized aadi required, while ™#'W' such pupalsj remaiii atthe asylum, td raise: the sum of, '"... thlpty dollars ahnuaUy for th6 purpose osf furnishing suiti ; ablei dothiiig .fov eafok ^upilfrom said couiity ; and, on, or before the fiiist day oi" Ajfrflin eacjjyeain, pay ov0r the; same to the treasurer of the asylum. I^e sUpgribteB^defttj shall, on the reception of any pupilj, give notice therwif be*^Tea? tOithe clerk of the board of eupeiivisarsnof tlie^ county ' ^ from which such pupil djiall havfe be^n scintl- g 17, eh^ ' / 220, 1862, as amended by ch« ;7S9, ,1867; , ■ , : ,, / > I *§ 1819. There isball berecei^ed tod SiuppQrted gyataitr ; JJJeirt^°^ ously in tbeasylimmone'lMindred and twenty pu-pil^itobe; pupUs. ^ sele&ted in equal ndtabers^ las near as may be^ imm) i^ach! judicial disitrict, from thoa^/^hose paiTeipits orgiuardianiS; are unable to provide : foi; their support therein^ to ibi^ designated as state pupilsi; knd such additioi)|al numb^. of idibts as cam be conveniently aecoroniwirtlaiked mayibfBj iieoeived. into the asylum by the trustees)^; on such terme as may be just. But no idiot shall be received into the aSyluiti, without therb shall have beea ^rst lodged with the superintendent thereof a request to thatefifiifit, under &e hand of the person by whose 4i*ection he i« sent>, Btatingi the a®e^ and ^lace of nativity, if known, qf the idjot^ hdfl christian and surname, the town, ot city, and county in which they severally ifesidej the ability or other- wise' of the idio*, his parents or guardians, to provide tbr his support in whole or in pai-t, and if in part only, ithen what part; and the degree of relatidtiship^ ol:'; Othev oir^ J - d •- "il ■■!'■' ir. ' ' ..i : . !> Theffillo.wJrigVs'BedtioiiS, cii.'ieg, ifelisilbVlt: '' ' ' ' ';n- S.a' Th« BupervUDra of rangr antx tetl^ aiti>te'frpm vh^cl^ 4 tato .pafail^ i^ayiite Fqlepted a(id received int* the said asymm for idiots, and whose parents ace nhabie CdlVrtiMU themWitfr'fiititabUBlathiag, ali'fllierAbyUttliatlzeaiandTreaiilrtdiilfhIllq f^^.fn1«"ttrHaW'.S?o4"^lft^e°a'§iW bee ^(IdM'iidnibiBn,' M ileaii4laaii$bt ut^fram etolt jtudicni ^tmUi m>Bii%botfi wiioM patents or euardiaiie >vene unable. to provide for tlieir »a0part therein ; and such iddltioUAl immberFr idioM'A cMM bk bonrehi^iUly accafitinldateil might fti^i, trustee^^l^n ^uich t^vma fia the;); plight deem )nst. 5^1 KtLim :drT'raEipo6R. cfcittiStawce ' of dpnueotion^lidtweeli him and; the persoaj requestinfif hia admission : whtch fiteteanent shill Ibe -verl- ' ";.:'; fied in wnting% *he'>««Mi of 't!viroiidisinterest*d.pfei«olia, '■' • "■ i«4idbntS of the'fiiatoiecoHntyi iwith Ithe. idiot, lacquiskinted^ ' with tb^'faotB and (uircrnnstancfesii So stated, 'and eertified. to be credible bytbla-ponn'ty jwdge ot the same i oouoty'j . certincate An^d' no Idiot fthallibe received iJEftpsaid lasylunn nnless the , ?iidg°.""' county judge of 'the county liable for hi* 'Support shall certify that suoh idiot is an -eligible and proper candidate foi* admiesion ifo said asylum! as aforesaid, f § 18^ ch. 220^ '""1862. ■ ,■■ '■ ■ . = ;. • .-■■ iSch»lp°f. ■ § 1820: "Whene^ei' the trustees shall direct a ^tatepupilf p°p^^«j>**^j'to be disohiairgedifporii' the asylum, the superinttendent' expeneeB. thersof IS allthoHaed to retUfTtt suhfh pupil to the; county • from which he was sent lo the asylum, and deliverihim to; thekeeper^ofthepoor-'houseiofsqch county; and the supeivii intbiUdents of the poor of siidf county i^hall audSt and pay i . tbe'fcetn'aii and: reasonable expeiitee of snoh > removaly as . ' wluo pfert of the contingent e^ipengcs of said poor-house. But Bnp'Jrtatem- if '*bytowh', county or pcTsbn be ■ legally i1j able I for thet dent of the sU^ort of sUch pupil; tho 8lm4uiht of iBqch etepinefe* may ^°°'' be recovered for the'iise of~tbfe'COuntyy by Biich SUperin- nnivlntendents of the poor. If ' suioli"'stiperintendentSi'Olf the • ''■ : po6rioe^l board pf trustees author- ized ; dirties of such policemen. 1839. ^o liquprs, opium, or tobacco to be sold or given to the patie&i;^ 1840^ Penalty for so doing, a fine of $30, and party offending guilty of a misdemeanor. 1841. Penalties under net, how recovered, and to wluim to b* paid. 1849. Ten per cent of all escifle moneys rei^ved ip, such county to b,e paid to asylum. 1843. Site of asylum established, and certain acts fixing same confirmed. " 1844. Moneys to be expended in completing^ tisylntti bUHd- in-gB, &0. 1845. Tieasurev of aWylum to ^ve bend ; its form and condi- tions. 1846. A.nnual report of trustees to be made and filed in ofi^ca of secretary of state. 1847. Duration of charter, when charter expires the asylum and asylum grounds shall vest in the state. • Tbe following; U section 3, ch, 704, 18T0, entitled "An act making appropria- tions for certain public and charitable InBtitntloni>," to wit : {8. The commtKslonerB of the land office are hereby required to examine Into the management of the Inebriate Aaylum at BInghamton by the onperintendcnt and other offlcere of that inetitation, and to take >ach action (If any) to protect the Interest and property of the state in said asylnm, as they may deem necessary, and to report to the next legislature their action thereon. STATE iI¥EBRMTB ASYLUM. 558 SntTcipi? I8%8. Bon4; of lasylom autbotsuq^d to Im iqi^ed, bow es- epnted, etc. ■!.;■,,.,■•,. 1849. Toreclosure of Bf^id boi^s..how effected. 1850. Duplicate bonds tq be filed i^nd ^o "ha alien, but no priority , o|'li.en8 between bpndlibldei;^,' ' 1851. Acts incdbdi«Cdi!it Wlllb%liap^ 0S, I'Sef , repoiied. ■ ;: . c ,-,: . j. ■.■,,i g 1824. The act (chapter 24^, 1854) entitled "An act Actor in- to iiMjor^Cffftte the IMited States ItifebHotc Asjlum, for Sf»^M" the' refofHiati©n of thft' peor and dfestitute iaebriate," "mended, passed April fifth, eighteen 'htflidi^d and fifty-four, and the act (bhai^'Sf'e, 185B) attending the satnie, pasBed 'A^il twctity4hi*d. eighteen hundred and 'fifty ^ye, are hereby amended bo asto read' as f6llo"wS : § 1^'eh.' 184,* 185T, §1825. All p^ons w-hosiiaill become subsdribers Jrtir- Body poll- Bnant to this .act shall be and they are hereby cobstituted porSto. "' a body pOlitSeand oorpofsltc ^ the name of the' New York State Inebriate Asylum. § 2, satae ch. i ' 1 1826. Any pei»t»n donating the sum of ten dollars to sabscribers the asyl'nm hJei'eiby incorporated shall be deemed a snb- SSfderaf''' seriber and a stockholder. § 3, same ch, § 1827. The object of this institution shall bte for the objmteof medical treatment ■ ^nd control of the itoebriate, and for rmk state that purpose it sliall have 'power, in its cofpetate name, Jji^^J* to take,' purchase and hoM real estate in the state of New ■ ; ■ York, and esreet thereon a building or buiMidgs Suitable for the pra^ose of ab aftylum hereinbeibrte Bansed, and to take, purc&ise, hold aftfd convey «uCh personal property as may be nCecssa^y to carry out th* object of said alsj'inm and for no other purpose whatever. Said asylum shall seai. have power to sue and be sued, to mak« and use a com- ^,., , mon seal and alter the sanne at plea^re ; to take and held ^^^"'^j, any grant' or devise of land, or ^y donaticn or bequest of money or other personal property, to be iipplied to the , ,...i ,.■' ' funding and maintenance of said asylum. § 4;, same ch. ■ § 18§8. Any person who shall donate, or leave by Donationi* legacy, the sum of five thousand dollars to the New York S^b%''^' State Ihebriate Asylum, ^hall establish 'forever a free bed dono™. in said asylttm. Two thousand five hundred dollars shall provide a free beid in said asylum fol" six months in each tear. Twelve hundred and fiftydCHai-S Shall provide a free bed in said asylum for 'three months in ea.'cn year. The donor or legator shall name the'patiCnt who snal occupy the said free bed, but in case the ' donor or legator shall fail to name a pfttient to occupy the free bed, which said donor or legator shall ha^e endowed, then the tru«tees of said trfgylum shiall fill the said fftee bed with a p^t patiettti I , 1 1 I .-' ' i i I ... ,. .■ ' • . .''.'.• \;].. : ■:< . .il l. "I i il.i i : — t+r+-J — ,i:i!i ,111 I 'l > An act to amend an act entitled, ''An act to incorporaite.thc t^nited Statea Lie-. brtate'ABjiniii'tor theTreiArnMHori'ofrthe p6&r'¥faa dfesitlmte inebrtafi; SiJWtf April 6tb, 1B54. and the act amending the same.amtei Ap4J 2a,jl$66;aiitd to ^h^g^ the name of thia institution." Passed March 2TId, 185T. 70' 554 RELIEF OF ' THE POORi Free tieds, when to be occDpled b7 poor paUenti. Fond. deemed.. Allltirs, how man- aged. Blection, BeeJlSH. President and treaa- nrer. Vacancies. Bf-lawa. Qaonim. Commit teei, Ac. The said patients in 'said free befds shill be provided -with medical treatjment and boayd free'of cK'Jirge, and said patients shair be subject t'6 the rules and regulations of said asylum. § 5, ch, 65, ,1861. , § 1829. The,fvn4pf8,aidinstitut^ofl9hall, be. fifty thou- sand dollars, but may be increased to three hundred thou- sand doUaira at any time the board of tmsteesi'msiy think it.poTnppitible with th^ best HiteJjefets of Said i asylum, and, shall ;bfi deemed ipersonal property. §<5, ch;.il84, 1857. '§1830. All the afikirs and concerns oftgaid asylun^ 8ha]> bjs managed.bjatilli be! published for two weeks immediately preceding the day ig^ppointed therefor,' in the st^te paper. Tho s$J4 (Wfird of ,trusteesjiannually, from their own body, (shalj elect, byballfit, a president and treasurer of said asyHira-on the first Wednesday.of June in each year, at eleyeq o'clock a. m.), who, so long asthe^ shall continue trustees of gaid asylum, shall hold their offices reepectively during the ple^svwe of theiboard of tr^^tees ; and said trustees shall have the power to fill Tac^ncies ia their own bpdjr caused by death, resjgnatioi\ or removal from the state of New York, or otherwise, of any trustep^r trustee?^ and to make ^Jl such by-laws, not inwousisteqi 'with the laws of this, state, as they may deeiiR prppeivfor the managepient of the afiairs of said asylum, and sh^ Appoint, annually, by b^lot, at least three >veeka before s^uph eleplion of trustee^ of said asyljum, thjree $t and disin|te^eBted,rpei!sons, inspectors of phe then next el(^(!- tion of trustees, ^nd at any i time before: the elect;ion, sup- ply any vacancy ^itphich may occur in the pfiaceiof any suctii inspector., Five pf the-board of ^triisteeSiBjiaU constitute a «^uorum fpr the, tranefictioq of business. All committee^ physieiawsj *gents,ajid ofiicers.anthorized by thisact, pr by; the bylaws pf, this asylum, shall be appointed by the» board of tifusti^es. i ' Each, senato)?ial district i of this states shfiU b^ entitled to one or more of the' trnstees of said in- stitution, who shall reside in said district which he repre- seiits in the board of trustees. § 6, ch. 184, 1857, is modi- fied by § 4, ch. 65, 1861. ,' ,' STA^fi'miJMIlAilE liilSYnirM. 555 § "f 8.31. ilTb siibfedribet bfthiS'afeyluffi sliaU'be liable' in Liawiuy of hi^^r "her iljdi vidua! capacity for any coritracft, flebtoi^en-' bereft' gagement'of said alsylum, after the full' amoTirnlt of 'their subscription is -^^aad id;' § 7, ch; 184; 1857,' ' 'kIv ■ § 183^. 'Eeuben H, WalWorthj John W. Francis/ Wil- f^^^l liatii' F. McGoiin, Jaimes Boorman,' Janiies S,. 'Wadswbrth, ™ ,„|;';.. ; Dariiel S. Dic&insoii; Wa'shington Hunt, Charles H. Eug- '"'y ' gles, Charles ' 'Cook, Josiah B. Williahisv 'Haimilton Mur- ';ii_'fiir; ' ray, iJdwai'd A. ■Lam'bert, William E.' Dodge, Jonathan " " H. Eansom, Jacob S. Miller, Thbmasi'G. Brinsitaadeji Thomas W.'Gl(i(!)tt, John F. Eathbone, Eausdm Bdbom, ,; 'if/ Shehiiari D'. PhfelpS,"^ViaiBeltttf Whitney, Allen Munroe^ HcftW)"? H. P/ Al6xaridfei', Jbseph Mullen,' C. P. Wood, iNoah ' -;■•;■;:'; Wbrral, Fi'knklih JbhngOdli, George Folsom, Charlbs^Butler, "' ': " Lorenzo Dftiper, 'Edward F; Shonnard, Gerrit Smith; John, Conklin, Trfederidk Juli'atld, Tracy Beadle, Peter S; Ban- fbflJL'Gfeldr^eW.Tiflie, Henry A. Brew6t6P ' iGharles Doo- litt}^,'ahd J. Edward Tiirnel-, shall cotostStrite tiie boani of'lfrustecs' 6f thi6'|'instittitipn:;i"Any vadancy that may "^^fl"^^ hei"eafter bbcui' ifl tlite b'oiat'd of trustees of said institution next ' shall be filled' t^ty'-reinaining'tru^tees at any meeting. °*"'°°' duly calted; for that purpose. § 5, eh. 381. 1859. i '■ '§ 1833. Th6 senate, upon Ireeomimendatiou/ of thelgov- TmsteeBim erndr, for caiiSe'tb be specified, may removii atiy trustee ^^ov«d. m of plaid' asylum. § 6, same ch. ' •. • ;li. § 1834. The Election of 'the"trU8tees of the Hew Yorfs Election ot Stkte Inebriate'Aajrlum sTiferU b6 "held ob the fit^t Wed- ^'Sl^to-be nesday in June of ea6h yeiir;' at the office of the'instita- tov^'j^?'?.! tion, at ten o'clock' a. M. The 'sdd trustees ^hall be' thereat. " elected by ballot, by ''plurality 'of Mb^orlbers piresent, ot represented by prdxy, each and every siibscription often dollars paid having one Vbte. Three fit and disintei*ested inspoctorB persons shall be appbiuted by the board- of trustees three ° -"' °"' weeks preVibus tb each eleetioni of trustees of sdid asylum, inspectors of ihe nfeift' election. '"Pke said bbkrd'of t#Ust^ ^Jlsi'dent"' eefe annually from their :i*'*n body shall elect 'fey ballot a anijtreas.-> president and treasurer of said asylurti, oil the 'first Wed- Smi nesday of June iri' each year, at eleven o'olock; psiDtea; their datiee. Inebiiatw may 1)e arreitcd. LlgaorJror- bioden fo be eold to inmate^ Penalty (tor EelUug, Ac., lig[aur to In- m&td«. PenaltiCB, covereo. RELIEF OF TH'E POOR^ expense »f theit snpjfort ia faaid asylum sh^U'liaiTO Ijeen paid, which ehall be sent to th^ir fapilies, monrtJi^y,; if said inebriaites have no families, it ^hall h& pai'i to bira or he^r at their discharge fiiom said ins^itiitipfl. § 9, cji, IS4, 1851 § 1836. Thie committep of the perqou of any haljitual dmmkaxd, duly appoibted HTider; existing laws, mayyin, his or thieir diadnetltiH, conHnit such liabitual.droiul^ard tot^e custody of tb$ trustees ot other, proper officers of said asylum, there to rfcmiftin until he ^aU $e discharged ther^- firom by suth committ^ ,| 10, same fih. , i ,, § 1837. Any jtsticeof tteesupreTnfl.cpw,rti or tjiecqvinty judge of the county in Which any inebriajt^ inay reside, shau have power to commit SiHiGn inebriate to the New- York State Inebriate Asylum,. v^Ixon ,the production an4 filihg! of an affidavit or aftidavits by two rmpeptablei practicing physicians leid twQTeapectftble citizens^ire^nold- ers of sueh county, to the ieflfeot that such inebriate is li5t to self-eobtrol, unable, from such inebriation, 1|o attend to business, or is thereby d,angerofl8 to renciMB *t lai;ge. But such commitmeat shall be opaly until the examinatipn now provided by lavr shall have been held, andji^ nocase for a longer peJtioidthan on^year. § 4, oh. ^%\S&$. § 1838. The board of trustees of the, New IStork State Inebriate Asylum are hereby authorized to appoint two or more of the attendants and ^mployee^ of saitj asy- lum as policemen^ whoseiduty jtshaU be, vnder the order of the superintendent t>r aa^i^ant Buperintendents, tp alrrest and return to the asylum such inebriat^si \vho hav^ been sent to ih^ {aylnra bythe order of the cou^)^ and ■vvho have. escaped froai the asylupj, or to, ar^^flst any patieiatw^ci. shall violate any law of the a«ylum.' § 1, oh, ^73, 1866. § 1839. No person shall sell qi; give away any stronger spirituous liquors, or wipes, or fermented liquors, o^ opium, or tobacco to any patient belonging to the New York State Inebri^e Asylum. § 1, haM«^ ■npenedea chapter IflS'of the lan» of 1884, entitled "A.tt act for the better ref^r latidA' abd diablpllse ef the New Torlc State Ihebttate Aiykun," pdWed Apdl feTATE n^JEBRlATE ASYLUM. 5g7 '. '§ 18i2{ The'treasTir^r of each ahd'every (iouritrcif^tliis Bxciae * "fetdte shMI pay to the trii^surer of the New Toi*k Stitte b^nlfdw Inebriate Asyluhi, or" hJs ©r^ferj on tliie :first E!on'day_ of ^'efee. iTnljm'ekcli year, ten pek-'cent of all the'ihoAeys received '?kj"|S by 's'aMbotility' treasurer &6m'the boatd o^ cdrnmiBsionei-s isss^im bf eicisfeTn and fdr 'said coiirity. § 1, ch. Ssl, 1859. § IM'3. The kiid situated ill "Binghatnton, in the ;oi p?iy S«n^. the interest on said bonds semi-annually, or neglect to pay the said bonds at maturity, then ^ny owner pr pwn^fs omelS'^" of said bonds, .may, by action in the supreme qourt, fore- close th© same in thp same manneri as |n the case of fore- closures of mortgagee upon re^l estate, by the sale of said lauds 9iid bi^iild^nge. . §;2, same ch. .,, ; ?ondi"o\e § 1850. Duplicates of all bonds issued in pui^uance of Med, and to the foregoipg section shall be filed wjth the clerk of the county, in \miGh said asylum ia located, ,an,d jyhen thus filed shall he a mortgagejien upon, the corporate property S'uen""' of said i^ylflju. : No bond owner shall have, any priority bonT*" °^^^ ^^y other bond owner, but shall share alike in ^1 hoidem. the propCTtyof said asylum, provided the said asylum shall fail, to, pay interest on said bond3< or principal when due. § 3, same ch. Repeal. § 1851. All a^tsor. parts of acts iivzonsistent i^rith, this act are hereby repealed. § 6, same ch. CHAP. LXXIV. EELATING TO EMIGRANT PASSENGEBS, COM- MISSIONERS OF EMIGRATION, AND DUTIES "OF SUCH COMMISSIONERS AND QUARAN- TINE. , ; , . AKTICLE ONE. Emigrants and Coinmissioners of Emigration, and. the du- ties of such Commissioners. Sections 1852--1922. ARTICLE TWO. ' ' . ' - it i ' ■ I Quarantine. Sections 1923-1984. • "An act tar the relief of the New York State Inebriate Airlnm, nd for otlur porpoaes." Passed Katch 21, ISSl. EMlGRANTiS; (559 ARTICLE ONE. BMIQRAKTS AND OOHMlKSIOKEBS OF XMIGBATIOK, AKD THB DOTIBS OH SUCH COMMISSIONBES. ' Section 186S. Masters f^f Tessejs Trithiji twenty-four hours after ar- riving in port must report tq mayor of New York name, age, etc., of eacli passenger ; penaUy for neg- Ject to' make Report or for makiiig false report. 18SS. Bond required of owners or consignees of such vessels ; ' how iiiid when and upon what terms such bond may be commuted fqr. 1854 Amount prescribed for such commutation : , how such amount IdisMsed' of by commissioners biemigration, a part thereof to he divided between the several coun- ties except the fcounty of' New York. 1855. Condition of passengers to be exaiiune4,into by com- ihissioners of emigration, and their authority in re- spect thereto in boarding vessels; duties of such commissioners on their discovering deaf, dumb, blind, ' Ittnatics, or other passengers likely to become a pub- "' ■ lie charge.' 1856. Cities, towns and coonties, who to he deemed persons -chargeable on. ,1 1857.' Penalty, owner or consignee refusing to give bond or commute, liable to ; amount p{ such {peniJit)y, and how to be recovered. ^ * 1858. Bond, time in which owner or consignee to give, short- ened. 1859. Bond, when action may he brought the^eo^ ; amount of recovery. > 1860. Suits for penalties and forfeitures, how' and where to be brought; commissioners authorized to com- promise. 1861. Property of certain etnigrants dying, how to be dis- posed of. 1862. Commissioners of emigration, who -to he tfnd who to be ez-offlci6 such commissioners; term of office of such commissioners; their powers and duties; vacan- cies, how to be supplied ; governor, when to appoint commissioners. 1863. How to be known ; may sue and be sued, etc. 1864. Cities, towns orcounties, duties of commissioners when emigrants become chargeable to. 1865. Agents, clerks and seryants, commissioners authorized to employ. , ' , 1866. Report by New York chamberlain to l^e mii,de annually or bftener to commissipiiers. ■ .- . 1867. Beport by commissioners, to be made annually to legis- lature under chapter 195, 1847. . ,.f,.j. 1868. Bastards and other poor children, commissioners' au- thority in respect thereto. , , 1869. Indigent and certain other persons, duties of captain, agent, owners and! consignee^^f vessel in respect to ,such,^rpons. , .,, -.,p^ , 1870. Penalties for vloUtiBg prpvisions r^f; section 1869. 560 EELIEF OF THE POOR. Section 1871. Binding out chil4ren apd. administering oaths, powers of comiQissiotaara in; ' > 1873. Beport hy commissioners under chapter 344, 1853, to 'to. nadeannuaUy to legislatures / i 1873i. £a9)i commissioner of eiplgratf-eoi empowered to ex- amine witnesses on oath on complaint of treatment of passenger, but to eptitle such exan^a^ion to be read on trial It shall be had ih presence ofthe ^I'son comitilained of ; iight of dBcused tb cross-examine. 1874. CominiBBioners to reduce testimoqyto writing, certify the same and file it with New York county clerk. 1876, Clerlfc tp make, and dejiver ciectiifie^ copies on payment of fees. 1876. Such depositions ^nd certified copies to be evidence. 1877. To enjJUe such depositions to be taken, commissioners to cause notice tp pe given, which notice and proof of service there to, be atttiched io deposition; ad- journments of examination. 1875. The copimi^sioneis of eiQigration tfl procure docks and piers |br the exclusive use of landing emigrants. 1879i Shipmasters, owners andconsigneestto cause alien pas- sengers and their baggage to be landed on such piers ; commissioners to make reigulations. I88O1 Where passengera (obe landed. . > r 1881. Passengers not to be removed fiom vessels at quaran- tine except for quaiianitiDe regnliLtiolis. . 1882. Bxplanatoiy of sections 1880 and 1881. 1883. Penalty for violating provisions of act. 1884. Penalties to be lien on vessel. ^Q85,. Lai;k4iP£ from st^antboats or other vessels. , 1886. Inconsistent acts repealed^ , 1887^ Keepers of boarding-housef for emlgraata to be li- censed ; rates of priqes to be k^t posted in their public rooms. 1888. Nq Ijen OB effects of emigrant boardet except for such prices ; complaints for violation of this section. 1889. Persons not licensed restrained from ooltiiliting emi- grants ; license to be Ranted and revoked ; bond to be given; badge to be worn by person licensed ; pen- alty for violating provisions of act ; how bonds are to be prosecuted. 1890. Agents to ad^ieeandfOantionemigittnts.. .1891. Commissioners of emigration to designntei places for sale: of .railroad and steamboat passage tickets ; pro- viso ; agents for sale of such tickets may be author- ized to sell at such places designated, and may, in certain cases, be excluded iVom sehing, 1893. Duties of magistrate in case of arrests und^r this act ; depositions to be taken and filed, and when may be tead on trial of accused parties. 1893. Violations of act a misdemeanor, and persons convicted how punished. 1894. .^ST^nts for booking emi,grant passengers to be li- censed ; nst^of prices'and fitrfesto t^ poWt^d in their offices ; p^ialtles for ftatade. 1896. Public officers not to solicit busiiiess for transportation lines or to be ooncwned hi forwwdAig'Milgrants. EMIGRANTS,. 561 Section 1896. Penalties, liow to be sued for. i 1897. CommissiDners, on oatt, to make annual report to the legislature. 1898. Provision in case of a deficiency of funds. 1899. Penalty for selling tickets to emigrant passengers be- yond a certain fixed rate. 1900. Penalty for fraudulently obtaining passage tickets from passengers, etc. 190L Penalty for selling tickets over regular price advertised by company. 1903. Runner not to enter ship before landing Of passengers ; penalty ; misdemeanor. 1903. Penalty, when may be remitted 1904. Saving clause. ' 1905. Inconsistent acts repealed. 1906. Companies and persons undertaking to transport by railroad, etc., emigrant second-class passengers, from certain places, to deliver to mayors of certain cities, statements of rates of fare, and price per hundred pounds for carriage of luggage ; statement to contain description of routes, etc. ; statement of changes in rates to be delivered to mayors. 1907. What the tickets or certificates issued are to contain. 190S. Unlawful to bargann for or receive greater price than I tf^»t [Contained, in, statements delivered to mayors, or rates fixed fcy proprietors of lines ; emigrants over four years of age to be furnished with certain seats. 1909. Penalty for violatin^g the provisions of the two last sections. 1910. -Duty of magistrate issuing warrant for apprehension of persons violating provisions of section 1908 ; pro- ceedings to be had. 1911. Commissioners to designate place for landing emigrant passengers. 1913. To purchase, lease and construct wharves for accom. modation of emigrant passengers. 1913. Dirty of health oflBoer ; penalty for violating provisions of this section; penalty a lien on vessels 1914. Inconsistent acts, repeal of. 1915- Commissioners authorized to grant and revoke licenses to persons conveying to any dock, etc., in the city of New York, emigrant passengers from ships in which they arrive. 1916. Unlawful to remove passengers unless license granted, etc. 1917. Penalties for violating provisions of act ; penalties a lien on vessel ; proceedings to be had, 1918. Personal baggage, y^here landed ; penalty , for violating provisions of uiis section ; penalty a lien and hoMV to be enforced. 1919. Existing laws concerning health ofScer of New Tork, etc. 1920. Unclaimed baggage, when to be sold, and how proceeds of sale to be disposed Of , 1921. Effect of inconsistent provisions qf this act. 71 562 RELIEF OF THE POOR. Section 1933. Commissioners authorized to make rules for any insti- tution which they may support, and for employment of inmates thereof Masters of Tessels to make a re- port of passengers. Wiat re- port to contain. As to deaf, dnmb, blind, &c., and lunatic passengers. § 1852. Within twenty-four hours after the landing of any passenger from any ship or vessel arriving at the port of New York, from any of the United States other than this state, or from any country out of the United States, the master or commander of the ship or vessel from which such passenger or passengers shall have been landed, shall make a report in writing, on oath or affirmation, to the mayor of the city of New York, or in case of his absence, or other inability to serve, to the person discharging the duties of his office, which report shall state the name, place of birth, last legal residence, age and occupation of every person or passenger who shall have landed from such ship or vessel on her last voyage to said port, not being a citizen of the United States, and who shall have, within the last twelve months, arrived from any country, out of the United States, at any place within the United States, and who shall not have paid the coEftmutation money, or been bonded according to the provisions of this act, or of the act hereby amended, or of the act of February eleventh, eighteen hundred and twenty-four, concerning passengers in vessels coming to the port of New York, nor paid commutation money under the pro- visions of this or any former act. The same report shall contain a like statement of all such persons or pas- Bengal's aforesaid, .as shall have been landed, or been suf- fered to land from any such ship or vessel at any place during such last voyage, or who shall have beeU; put on board, or suffered to go on board of any other ship, vessel, or boat, with the intention of proceedmg to and landing at the said 'city of New York, or elsewhere, within the limits of this state. The sq,id report shall further specify whether any of the said passengers, so reported, are luna- tic, idiot, deaf, dumb, blind, innxm, maimed, or above the age of sixty years, also designating all such passengers as snail be under the age of thirteen, or widows having families, or women without husbands having families, with the names and ages of their families, and shall further specify particularly the names, last place of residences, and ages of all passengers who may have died during the said last voyage of such vessel, also the names and resi- dences of the owner or owners of such vessel. In case any such master or commander shall omit or neglect to report 38 aforesaid, any such person or passenger, with the par- ticulars aforesaid, or shall make any false report, or state- ment in respect to any such person or passenger, or iu EMIGRANTS. 563 respect to the owner or owners of any pmch vessel, or in respect to any of the particulars hereinbefore specified, such master or commander shall forfeit the sum of seventy- five dollars for every such passenger in regard to jwhom any such omission or neglect sh^U haye occurred, or , any such false report or statepient shall be made for whJLah the owner or own,ers, consignee or consignees, of every such ship or vessel ^all also be liable, jointly and sever- ally, and which may b^,su«d for and recovered, as here- inafter provided. % 1, ch. 195, 1847, as amended by § 1, ch. 350, 1849, and § 3, ch. 523, 1851. § 1853. It shall, be the duty of the said mayor or, other Mayor to person discharging; the duties of his oflSce aforesaid, by bonTftom ' an indorsement to be made on the said report, to require crasignle the owner or consignee of the ship or vessel, from which '°l^^^^^ such persons were landed, to give a several bond to the ^ °*™^ '' people of the state, in a penalty of three hundred dollars for each and every person or passenger .included in such report, such bond being secured as hereinafter provided, and conditionec^ to indeninify and save harmless th,e|Com- missioners of emigration and each and every city, town or county in this state from any cost,, which, said commis- sioners, or such city^ town or county, shall incur for the relief or support of the person napaedin the bond, within five years from the date of such bond, jand also to indem- nify and refund to the said commissioners of emigration, any expense or charge they may necessarily incur for the support or medical care of the persons named therein, if -received into the marine hospital or any other institu- tipn under their charge. Each ajid ,ejrery bond shall be secured by two or more sufficienti securities, being resi- dent? of the state of New York, each of whom shall prove by oath or otherwise, that he is owner of a free- hold in, the state of the value , of three hundred dollars , over and a,bove all or any cl3.im or lien thereon, or against him, including therein any contingent clain^ which may accrue from, or upon any formier bond given undpr the provisions, of this act, or such bjond may, at the option iQf the party, be secured by. mortgage of real estate, or by the pledge and transfer of public stock of the United States or of the state of New York, or of the city of New York, or by deposit of the, amount of penalty in somebajik; or trust company; sucn security, real or persongl, having be^n first approved by the: said mayor., It shall, be law- ^^^^J ifttl.f(?r any owner or consignee at any time witliin twenty- for. four/hours after;the landing of suchj),ersoi;SiQr passengers fiqom any ship or y^s&j^ in the port pf Npw York, ,e:^oept as in the section hereinafter provided, to commute for the ibond or bonds so required, by paying to the health com 5164 RELIEF OP THE POOR. mis^ioners of the city of Few York, the sxim of [two]* dollars and fifty cents for each and every passenger re- ported by him as by law required ; the receipt of such sum by said health commissioners shall be deemed a full and sufiBeient discharge 'from the requirements of giving bonds as above proviaed; The said health commissioner is hereby required to pay over daily the said money with an account thereof to the chamberlain of the city of New York. But no owner or consignee shall be authorized to commute for the bond so rmuired fOr any passenger ar- riving in the port of New York, between the first day of December and the fifteenth day of April, who may be ■sent to the Marine hospital from shipboard by the health officer, or by the authority of the board of health of the city of New York, on account of iUness from ship fever. The commissioners of emigration shall have authority to conimute specially for any bond in such cases, at such jates and in sudh manner as shall appear to them equi- table and proper. It shall be the duty of the health offi- cer to report without delay to the commissioners of emi- gration, the names of all passengers sent by his order during the above-mentioned period from ship-board to the Marine hospital on account of illness from ship fever. For the duties performed by the health commissioner and named in this section, he shall be paid by the commis- isioners of emigration at the rate of seventeen hundred and fifty dollars per annum, and he shall be paid the •remainder of his salary by the mayor, aldermen and com- monalty of the city of New York. And at and after the -expiration of the t^rm of the present hea!lth commissioner, it shall be lawfal for the commissioners of emigration to select for the performance of the duties named in this section and now performed by the commissioner of health, either the mayor of the city of New York, or the cham- berlain of said city, or the health commissioner, and the compensation for the performance of said duties shall be 60 much as sneh officer so selected and the commission ers of emigration may agree upon, and thereafter the salary of the health commissioner shall be fixed by the mayor, aldermen and commonalty of the city of New York, and pdd from the treasury of said city. •§ 2, ch. 195, 1847, as amended by § 2, ch. 850, 1849, § 7, di. 523, 1851, and § 3, ch. 808, 1869. Bate of ' 8 1854. The amount for which the master, owner or tation for owners. Consignee or consignees or any ship or vessel PMsengora jjringing emigrants or passengers to the city of New York, bonds. may commute for any bond or bonds authorized or re- « "One dollar" ondtted and " two doUan" Insetted In place thereof. See next section. EMIGRAMTS. 565 aaired by or pursuant tO' the seventh section of chaptei five hundred and twenty-three- of the laws of eigliteen hundred and fifty-one,, shall be two dollars- and fifty cents separate for each and every such passengfer, and fifty cents of the Se for amount commuted for any passebger or passengers shall "ntgj'^g'oj be set aside as a separate fuM for the benefit of each and New York every county in this state, except the county of JSiewf '''*^' York. The commissioners of emigration shall deposit th© Moneysj ' moneys of said funds so set apart in any bank that th^Vp^^tfj^' said commissioners may select, and the same^ or as much of it as may be necessary, shall be distributed to the sev- igistribn- eral counties, except the county of New York, once in conntieB. every three months, and the balance that may be left ^^J^®"' after, such, three m,onth8' paymerit shall be paid- over to straoHon oi the coiiimissioners of emigration for the construction aad i &°'.'^'°^°' improvement of their buildings and groundft. §3, cb.) 8Q8^« 18ff9. §. 1835., It shaJl be the d'uty of the commissioners of Smers to emigration hereafter namedi to examine into the. condir examine •'The paTmeAt \yj the commisHionera of emigration of tlie amonntB payaUei os coming to any of the cities, towns, or counties of this state, for any moneys paid ottii or expenses' incurred previously to the first day of May next by any of themi for the. suppqrtor. maintenance of any emigrant passengers, who may have arrived at the port of New York, and who, or on whose account a hond mAy have been given, or consmntation under and pursuant to chapter one hundred, amd. ninet;3f- nve of the laws of eighteen hundred and forty-seven or of any laws Amendatory thereof, oBin addition thejjQto^ maybe made by said commissioners, at any time within three years froni the said first day of May, and not before, unless the , eai^ coiAmiBsi (triers ehallbe ili fund's- applicable theretoi In the payment of saidclaitns, ' t the. said commissionera shall allow and pay to the said cities, towns and coontie^* interest upon the amounts severally due tnem : prffoiiled, always^ that nothing herein contaiAed shall postpone the payment to such cities, towns' aind counti«s resp^etr ively of the moneys which^may have been appropriated for the re-imbursement Of said cities', towns and counties respectively Byan ac6 entitled "An act for there* moval of the quarantine station," passed March sixth, eighteen hundred and fifty: seven, whenever such moneys may be realized ;. and provi/t^ed^ (dso^ that tlie sfllid' sum of fifty cents mentioned in the thirteenth section of chapter two hnndr«d an4 twenty-four of the laws of eighteen hundred and fifiy-three shall be paid and dis- tributed as provided in sMd act. S 1, ish. 673; ISSTli The commissioners of emigration are authorized tO'borrow from time to ti^e snchr. sums of money as may be needed for the support of the Marine hospital or for the ' re-lmbursement of the seveml cities or counties of this state, their expenses incnrrf ^ , for the support of emigrant paupers, or for any other expenditures as may be au- thorized by law to be made by the said commissioners ; and to mortgage, for the se- curing the payment of the moneys so borrowed, any of the real estate held or pur chafed by the Sfiid oommiBsioners for the people Ofi flliB state, orwhichinmy here, after be purchased by the cpriuniBsiouef 8. §,1, ch. as, 18S0. . ,, . Before executing any such mortgage, the conihlissionBrB of emigration shall pre^ ' sent to the governor, comptroller and attorney-general, a statement shovnng the, reason of such loan and the intended application , thereof, and a description of the' real estate" ihtendsd to be mortgaged ; and no such mortgage shall be lawful unless a i cei'tificate of approval thereof shaU be first given, signed by the governor, comp- troller and attorney-general. Such' certificate may Be acknowledged or framed or worded in the manner bw law prRVided, in respect to conveyances of real estate. . EVery such mortgage shall' be executed by a, majority of the cdhuniBsibhers. 1 2, same ch. i :j ' i . ,: ' ' -■ . , ■ "■ i ■ i . The' moneys so borrowed shall in no case be a claim against the state, but shall be repaid out of the surplus funds received by the commiBsioneis, or from the proceeds of the lands mortgaged. § 3, same ch. , ; ^ The commissioners of emigration are hereby authorized and' eifaptowered, by Afna ■ with th3 joneent and approval of the governor, comptroller and attorney-geneial, to sell or exchange and give conveyances for any lands, or any portion thereof, wMcli have been or may nereaf ter be purchased by thetm as sijchl commissioners. § 8. ch. 623, 1851. , , » , '.' The annual com/pensation of the ch»plalnB of the Marine' hospital; now located on Staten Island, shall hereafter be six hundred dollars each,' In lieu, at aU othei compensation to said chaplains now provided by law. Ch. 615, 18ST " 566 RELIEF OP THE POOR. ^nditionof ^^°^ "^ passengers arriving at the port of New York in pasBengera. any ship or vessel, and for that purpose all or any of the said commissioners, or such other person or persons as they shall appoint, shall be authorized to go on board and through any such ship of vessel, and if on such examina- tion there shall be found aniong such passengers any deaf*aii3 lunatic, idiot, deaf, dumb, blind, maimed or infirm persons, dnmbpaa- or pcrsons above the age of sixty years, or widow with a &cl^"*' child or children, or any woman without a husband and with a child or children, or any person unable to take ' care of himself or herself without becoming a public ■charge,' or who, from any attending circumstances, are likely to become a public chaise, or who, from sickness or disease existing at the time of departure from the foreign ' port, are or are likely soon to become a public diarge, they shall report the same to the said mayor particularly, and thereupon, and unless a bond, as required in the second section of this act,' shall have been given, the said mayor, or the person discharging the duties of his oflice, shall require in the indorsement to be made as aforesaid, or in any subsequent indorsement or indorsements thereon, bounds when ^^^ ^ addition to the commutation money, that the toijere- owner or consignee of such ship or vessel, with one or more sufficient sureties, shall execute a joint and several bond to the people of the state in a penalty of five hun- dred dollars for every such passenger, conditioned to in- demnify and save harmless the commissioners of emigra- tion, and each and every city, town or county within the state from any further cost or charge, which said commis- sioners,. or any such city, town or county shall incur for the maintenance or support of the person or persons named in such bond, or any of them, within five years from the date of such bond The sureties to the said bonds shall be required to justify before and to the satis- faction of the officer making such indorsement, and by their oath or affirmation shall satisfy such o|Ecer that they are respectively residents of the state of New York, and worth double the amount of the penalty of such bond over and above all debts, liabilities, and all property exempt from execution. The subsequent indorsement authorizied in this section may be made at any time within thirty days after such examination, or of tte landing of any such person or passenger. § 3, ch. 196, 184?, as amended by § 4, ch. 623, 1851. Persons § 1856, The persons hereafter becoming chargeable SjJn c*^! lipon any city, town or county within this state, for the coMtl' are P^y™e°t of any expense of whose maintenance and sup- deemed to port incurred by any such city, town or county, it is mates of maoe tne duty oi the commissioners oi emigration to pro 51 EMIGRANTS. 567 vide by the ," Act concerning passengers in vessels com- prisons, ing to the ciity of JSTewYork," passed May fifth, eighteen Lnees, Ac. hundred and forty-seven, or any act amendatory thereof, fig^*®' shall be deemed and taken to include all persons other- wise within the description and provisions of such^ act or acts, who, are or shall become the inmates of any alms- hpnse, lunatic asylum, work-house, hospital, nursery, house of refuge, asylum for juvenile delinquents, house qf correction, . .penitentiary, jail, bridewell, or prison, under commitment, sentence or conviction, by an officer or oflScers, court or magistrate, under any law of this state, as vagrants or disorderly persons. Ch. 426, 1855. § i,857. If any owner or consignee as aforesaid shall 5^'^S?Yd** refuse or neglect t^.give any such, bond or bipnds as here- inbefore required, accordJbg to the second section of this • act, fpr each person or passenger landing from his ship or vessel [within, twerjty-four hours] after the landing of such persons or passengers, or shall not within that time have paid the moneys a,utliori?ed bysaid second, section to be:re- ceivedin cases where such bonds are herein authori?:e,4 ,to be commuted for, or shalL refuse or neglect ,to give the bonds required by t|ie third section of this act to be given in certain cases, oi^ the requirement of the mayor of, the city of New York, pr other person discharging the duties of his office, made according to the provisions of said section, [within twenty-fpTu: hours] after s,uch requirement being sp made ; every, s^uch owner or ponsignee of such ship or vessel, severally and respectivply, shall be subject to a penalty of five hundred dollars for each and every person or .passenger, on whose account such bond may have been rer quired, or for whom such commutation money might have been paid tinder this act ; such penalty to be sued for as provided :fpr in tiie twelfth section of the said act hereby amended. In every case where any fine, penalty or forfeit ure shall be incurred by the owner or owners, consignee or consignees, master or commander of any vessel arriving at the port of New York, under any of the provisions of the acts concerning passengers coming to the city of New York, passed fifth May, eighteen hundred and forty-seven, and of this act, by reason of their neglect or refusal to give the bonds or any of them, required by Taw, the consignee of such pas- sengers, in relation to whom such neglect or refusal BnaU have occurred, shall be liable tp the same penalties, and may be sued and recovered against in th.e same manner as is by law provided in relation to the owner or owners, consignee or consignees of the vessel. § 5, ch. 350, 1849, as amended by § 2, ch. 339, 1850, and modified, by § 1, ch. 224, 1853.» I See note a, next page. 568 RELIEF OF THE POOR. Bonds. ProrlMon in caiie a person be- comes chargeable to a city or town. § 1858. The time allowed by the second section df chapter three hundred and thirty-nine of the laws of eight- een hundred and fifty, to any owner or owners, consignee or consignees of any ship or vessel bringipg emigrants or passengers to the city of New York, for giving the bond or bonds first mentioned in said section, or paying the money also thei-ein mentioned, shall henceforth be twenty- four hours instead of three days from the landing of said passengers ; and the time allowed by the 6aid section to the said owner or Owners, consignee or consignees of any such ship or vessel, for giving other bond or bopds men- tioned in said section, shall be twenty-four hours instead of six days from the making of the requirement for such last-mentioned bond or bonds. § 1, ch. 224, 1853. § 1859.* If any person for whom a bond shall have been given as aforesaid shall, within the time Specified in such bond, become chargeable upon any city, town Or county of this state, or upon the moneys under the contl-ol of the said commissioners as aforesaid, the said commissioners may bring an action on snch bond in the name of the people of this state, and shall be entitled to recover on such bond from time to time so much money, not in the whole exceeding the penalty of stich bond, exclusive of costs, as shall de suflScient to defray the expenses incurred by any such city, town or county, or the said commis- sioners, for thq maintenance and support of the person for whom such boiid was given as aforesaid, and shall be au- thorized to collect and apply such money from any of the real or other security mortgaged, pledged or deposited therefor in conformity to this act. § 4, ch. 850, 1849. • The penaltioB and forfeltnres prescribed in and by this act may be sued for a;id rccovcreo, with Costs of salt, by and In the name of me said commissioners of einl- e»tlon in any coqrt liavin^cogpizance thereof, and when recovered shall be applied to the support of snch Marme or other hospital for quarantine purposes ,as specified In this act. Itshall be lawful for the said commisslcniers, before or aft^r suit brought, to compound or commute for any of the said penaltiesor forfeitures upon, such terms as they shall think proper ; also to commute and compound with the oWner or,c6n- si^ace of any ship (^ vessel for any such bond or bonds as are required in sectSon three of this act to be given by such owner or consignee for such person or persons, panseoiger or passengers, as have been paupers In any other country, or whom, from sickness or disease existing at the time of aeparture from the foreign port, are or are Bkeiy soon to become a public charge, or who shall be sent tA the lIlaH^e or other hospital for quarantine purposes in accordance with the provisions of this act, in consequence of sickness or disease existing at the ticde of departnre from the for- eign port, the commutation for said last-mentioned bond or bond^ to be fixed by said commissioners at snch sum as they shall deem just and equitable, and enfflcient to defray tho necessary expenses consequent upon the care, 8ai>part and mainte- nance of the persons for whom such commutation shall be paid, during the exist- ence and continuance ot- their then sick or diseased state. § Si, th. 8w^ 1&49. Any.sl^ip or vessel, whose master or commander, owner or owners, shall have in- curred any penalty or forfeiture under this act (ch 195, 1847), or under the act of 11th April, 1849 (ch. BSO, 1849), amending the same, entitles 'tAnact to amend certain acts Gonccming passengers coming to the city of New York," shall be liable for such pen- siltlee or forfeitures whicb may be a lien upon such ship or vessel, and may be enforced and collected by warrant of attachment in the same manner as is provided in title eight of chapter eight of the third part of the Hevised -Statutes, all the provisions or which title shall apply to the forfeitures and penalties imposed by this act i and the said commissioners of emigration shall, for the purposes of such attachment be deemed^creditors of' snch ship or vessel, and of her master or commander and owner or owners respectively. $ 13, ch. 195, 1847, Sa amended by { 1, ch. 839, 1850. EMIGRANTS. 56^ §1860.* The penalties and forfeitlires prescribed b;^' this Penalties, kct may be sued for and recovered, with costs of siiit, by su^ 'to' and in the name of the said commissioners of emigration, f^^^ in any conrt having cognizance thereof, and when re- covered shall be applied to the purposes specified in this act. It sliall be lawful for the said commissioners be- fore or after suit brought to compound for any of the said penalties or forfeitures upoii such terms as they shall think proper. § 12, ch. 195, 1847. § 1861. Whenever any alien emigrant, whose personal ^'^?"^^* property shall not exceed the value of twenty-five dollars, Ijijig. shall die on the passage to the port of Kew York, or in the Marine hospital, or in any other establishment under the charge of the commissioners, and in all cases in which minor children of alien passengers shall become orphans by their parents or last surviving parent dying as afore- said, the personal property which such alien emigrant or such parent or parents may have had with them shall be taken in charge by the commissioners of emigration, to be by them appropriated for the sole benefit of the next of kin of such alien emigrant or of said orphan children ; and said commissioners shall give, in their annual report to the legislature, a minute description of alt cases in which property shall come into their possession by virtue of this section, and the disposition made of the S3,m«, unless it shall appear that there are other persons entitled, by will or otherwise, to such property or distributive shar^ thereof. Whenever it shall so appear, the portion only to ''^i which the next of kin or said minors orphans would be s The penalties and forfeltarea prescribed in and Tiv this act may be sned for and recovered, with cOstel bf suit, by and in the name>of the eaid commissioners of emi- gration in any cohrt having cognizance thereof, and when recovered shall be applied to the support of such Marine or other hpspital fi^r gnarantine pnrposes as specified in jjiis act. It shall be lawful for the said commisSijdnerB, before or after si)it proi^ght, to componnd or commute for any of the said penalties or forfeitures upon such terms as they shall think proper ; also to commute and compound with the owner or con>> sl^ee of any ship or vessel for any snclf bond or bonds as are required: in section three of this act to be given by such owtler or consignee for such person 6t persons, pa'ssenger or passengers, as have been paupers in any ott^er country, or whom from sickness or disease existing at the time' bf departure from the foreign port, are or are Bkely pooh to become a public charge, or who shall be sent tq the Marine or othei hospit^ for quarantine purposes in accordance with the provisions of this act, In conseqnence of sickness or dlsease'ezistlng at th^ time of depariiikre. from the foi^ eign port, the commutation for said last-mentioned bond or bonds to be fized b; said commissioners at ^uch snm as theyshall deehi Just and equitable", andsnfflcient to defray the necessary expe'nses consequent upon the care, support^ and mainte- nance of the persons for whom shch commutation shall be paid, during the exist- ence and continuance of their then sick or diseased state, f 21, ch. 830, 18*). ' ' Any ship or vessel, whose master or commander, owner or owners, shall have in currad any penalty Or forfSitateuiider this ait (ch. Im, 184(f)( orunder Weactof llth April, 1849 (ch. 35(1, 1849), amending the same, s^nti^ted .'An act to amend cer,tain acta concerning passen^fjrs coming to the city 6f T^ew Toi-K," shall be li4We for sufin penalties or forfeiturss which may be a lien upon snoh ship or vessel, and may be enforced and collected by warrant Qf Attachment in the same manneras Is provided ■ in title eight of chapter eight Uf tUa third part of the Revised Statutes, all the prO" visions of which title shall apply to the forfeitures and penalties imposed by this act i and the said commissioners of emigration shall, for the purposes ol'^such attachment, be deemed creditors of such ship or vessel, and of her master or com- mander and owner or owners respectively^ 1 18, ch. 196, 1847, as amended by § 1, ch. 339, 1860. 12 570 RELIEF OF THE POOR. Appoint- ment of commie- sioners of emigration. Mayors of Brooklyn and New York, and presidents of the Ger- man and Trisb emi- gration so- cieties of New York to be ex officio sucli com- misBloners. Powers and dnties of commis- sioners, and how their saccesBOrs appointed. legally entitled shall be transferred to them or applied to their, use, and the remainder shall he reecived, held- and distributed to the parties severally entitled thereto, in the same manner and with the same authority as by law pro- vided in respect to the public administrator of the city of New York, except that the said commissioners are hereby authorized to distribute the same after.a notice for creditors to appear: and put in their qlaims within one week from the publication of the said notice.. The said notice shall be published once in one of the daily papers of the city of H"ew York § 5, ch. 483, 1847, as amended by § 3, ch. 339, 1850, and § 1, ch. 523, 1851. §il862!. Cyrus Curtiss, Isaac Bell, Richard O'Gorman, "Vy^illy yallach, Chauncey M. Depew, James B. Nichol- son, William E. Barr, Emanuel B. Hart and Edward F. Smith are hereby appointed, commissioners of emigration for the purpose, of carrying into effect the intent and pro- visions of an act entitled "An act^ concerning passepgers in vessels coming to; the city of New York," passed May fifth, eighteen hundred and fortyrseven, and of the vajiious acts supplementary to and amendatory thereof. . The mayors of; the cities of New York and Brooklyn, the "president of the German Society of the. city of New York, and the president of the Irish Emigrant Society of the city of New York, shall also severally, by virtue of their respective offices, be additional commissioners of emigra- tion. AH of said commissioners hereby appointed, and ex officio, designated, shall possess all the powers and perform all the duties now devolved upon commissioners of emi- gration by virtue of the several acts aforesaid. The com- missioners of emigration hereby first appointed as afore- said shall hold their offices for the term of five years. Any vacancy occurring in their number by de^th, resignation or otherwise shall be filled by a vote of a majority of all the remaining commissioners of emigration, both ap- pointed and ex officio. At the expiration of the term of five years herein designated to the commissioners herein first appointed, their successors shall be appointed by the governor, by and with the advice and consent of the senate, for the like term of five years, and as often there- after as the fuU term shall expire. The terms of office of each of the commissioners of emigration now in office, except those holding ex officio and continued by this act, shall be terminated at the end of five days from the passage of this act, when the commissioners of emigra- tion hereoy appointed shall take their places, and enter • Ch. 195. 1S17. EMIGRANTS. 571^ upon their terms of office provided as aforesaid § 1; <2i. : 384," 1'8T0. All acts and provisions of law inconsistent, en|°pS?*' ■with the provisions of ithis act are hereby repealed.ii !§ 2, ™ioiaB re- same eh. ' § 1863. The said commissioners shall be known as the Their " Commissioners of Eniigration," and by that title shall bei Isn^y'i^. capable of suing and being sued. The money so as afore-i ^ ^°^' *''• .said to be paid to the chamberlain of the city of New York) shall be paid out on the warrant of said commissionerel,! or a majority of them. It shall be^the duty of the said' commissioners to provide for the maintenance and sup- port of such of the persons for whom commutation money shall have "been paid as ' aiforesaid, or on whose account bonds shall have been taken as aforesaidi, as #ould other- wise become a charge upon any cityj town Or county of. this state; and the said commissioners shall appropriate, the moneys aforesaid, for that' purpose, in such manner as: to indemnify, so fayr as may be, the several cities, towns and' couilties of; the state, for any expense or ' charge^ which may be incurred for the maintenance and support of the pelsons aforesaid ; such appropriation shall be in- propor- tion to the expenses incurred f by said, cities, towns and counties, severally, for ■ such m^aintenance and .support. And the more fully to effect the object i contemplated by this act, the said comiiissioners are authorized to apply, in their discretion, any part of the said moneyiito laid in removing any of said persons from any part of this state toanother part of this, or any other )state, or iro'ta ' this state^ or in assisting' them to procure employment, and thus prevent them from becoming a public charge. The gaid commiissioners are also authorized, in their discretion, to apply any part of the said moneys to the purchase or lease 0^ any property, or the erection of any building, which' they may deem necessary for the purposes afore- said. But any expense so incurred by the commissioners in any city, town or county, shall be charged to the share of such moneys which any such city, town or county shall be entitled to receive thereof, for expense incurred iu' the , support or maintenance of the persons for whom commu- tation money shall have been paid as aforesaid, or on whose account bonds shall have been taken as aforesaid. Part of § 4, ch. 195, 1847." * % An act to appplnt and designate commiBsloners of emigration, and to amend an act entitled 'An act concerning passengere in.Tesaels coming to tbe city of New York," paseed May five, eighteen hundred and forty-spfen, and of the vanoilB act B Bupplementary thereto and amendatory thereof. Passed April 36,1S70 ; three- fllths heiug present. i> The following words contained In original section 4, chapter 195, 1847, to' wit. : •' Qnlian 0. Verplanck, James Boorman, Jacob Hatrey, Bobert B. Mintilm, Wlllian) F. Havemey^r and l)avid C. Colden, are hereby appolntei} commissioners, for Ith'e' purpose of carying into effect the intent and promlons of this act, o( 572 RELIEF OF THEi POOR. CommiB- Bionera to del ray tbo ezpeiiAes of townn and cities for emigranta cbargeable, Ac. AgentB to bo em- ployed. Cbamber- lain to report an- nually. Gommis- BionerB to § 1864. In case any of the persons for whoEO; eOOMnuta- tion money has beeni paid as aforeKiid, or for whom » bond has been given as aforesaid, shall^ atany time, with- in five years from the payment of such money or the ex- ecution of stich bond, become chargeable upon any city, town or county witliin tliis state, it shall be the duty of the said commissioners to provide for the payment of any expense incurred by any such city, town or county for the maintenance and support of any such person, out of the commutation money to be paid as aforesaid, and the moneys collected on such bonds so far as the same will enable them to do so. The said commissioners shall pre- scribe such rules and regulations as they shall deem proper, for the purpose of ascertaining the right and the amount of the claim of any city, town or county to in- demnity under the provisions of this and the preceding section. The said commissioners shall have power to pro- vide for the support and maintenance of any persons for whom commutation money shall have been paid, or on whose account a bond shall have been given as hereinbe^ fore provided, and who shall become chargeable upon any city, town or county, in such manner as they shaill deem proper;. and after; such provision shall have been made by such commissioners, such city, town or county shall not be entitled to claim any further indemnity for the support and maintenanoe of such person. § 5, ch. 195, 1847. § 1865. The said commissioners are authorized to em- ploy such agents, clerks and servants as they shall deem necessary foir the purposes aforesaid, and to pay a reason- able compensation for their services out of the moneya aforesaid. § 6, same ch. § 1866. The chamberlain of the city of New York shall,, on the first Monday of January in every year, and at siiCtt other times as he shall be thereunto requiredt by the said commissioners, report to them the, amount of money re- ceived by him since his last previous report, for commu- tation moBjey as afdresaid, and the amount of such moneys remaining in his hands. § 7, same ch. § 1867. The said commissioners shall annually on or before the first day of Fiebruaryi^ in each year, report to H — r— H-i wbom the said Qnlian 0. Verplanck and Jameff Boorraan shall conrtitnte the first cl^BS, Md shall hold their office two years ; the Bald Jacob Harvey and Robert B. Minlam sUan cousCitute the second class, afftlHold thelp offlee four years : and the WiA WiUiam, F. Havemeyerand David C. Golden, sh^ItjConptiUlt^ the third clasf, and how,t|heli office for six yearSj; and upon, there JJilraHAjl Of ,fncirBCTcral tertnsdf office, fhew placea shall be flll^ By appomtments, to be made by tire governor, by and wlthadvice andxoneent of the senate, and the persons so appointed sbilr re- spectivery hold thel^ Offices for the term of six years. The mayor of the city of Hevr York, the mayor of th« city of Brooklyn, the president of the German Society, and the president of the Irish Eiiiigrant Society of ^eTf York, shall also severally, by virtue of their respective offices, he comnd^BlonerB as aforesaid," are omitted so as to conform the section to modiflcatjiona mide by eectldns 1 and 2 of chapter 8S1, f EMfeRAN*S. 573 the legislature the amcfilnt of moneyB reeeiVed i iinder report to the provisions of this act during the preceding year, and ^^^^ '"°' the manner in which the tiame has been appropriated par- ticularly. §8,ch. -196, 1847. S 1868. The commissioners of emierationi, or any one commis- or more of theiiti, Shall have and exercise the same powers emigration, and authority in reliction to poor children, and in relation thOTity°in to- children borji or likely to b&=born hastai'ds (where the haa^arda" mothers of s'Ueh children born or likely to be born bas- &o. tards are chargeable to, or receiving, or entitled to receive support or aid from said coHimissiooers), as are now by law conferred upon commissioners of public charities and and correction, or were heretofore conferred upon or possessed by the governors or commissioners of the alms- nouS'e of the city of New York, or the commissioners of the almshouse and bridewell of the city , of New York. §l,fch. 382, 1866. ■■ '■■ § 1869. It shall be' the duty of all captains, owners, plHengers 'agents and consignees of all ships or vessels arriving at tobepro- the port of New York, having as a passenger any lunatic, m'altera'o/ idiot, deaf, dumb, blind, maimed, infirm or sick indigent ^^*"*'*' Jjerson, or person above the age of sixty years, to keep, ]provide and care for BUch person in a propfef mapner on board of such ship or 'vessel, a*^' the expense -of such cap- tain, owner, agent br consi^ee, until such personshall have been delivered over^ to and pl&ieed under the eare of the commissioners of '•emigration. § 1, ch. 737, 1866. §1870. Any person violfeiting the preceding section of Penalty for this a0t shall be liable to a penalty tff five hundred dollars "° ' for ead^i and every such violation, to be sued for by the commissioners of emigration. § 2, same ■ eh.' § 1871. The said commissioners ctf emigration are, and fegarTto" each of them is, hereby vested with the same powers in adminis- regard to the administering oaths of office to employees, oaths" and to the binding out of children with coasent^f parents children""' or Qext of tin, actually chargeable npon them, and also *"■ in re^^jHl on payment of a fee. of one dollar. § 2, same ch. , -i § 1876. The said clerk shall deliver a certified copy of such deposition to any person applying for the sauie, upon payment of a fee of twenty-five cents for such certificate, and of five cents for every folio of one hundred \yord8 therein contained. §3, same ch, § 1876. Such deposition and certified copies thereof shall be evidence in any action then or thereafter pending, between any of the passengers on such voyages and the said ship, or her owners, master or charterers, victualing, manning and navigating her for such voyage, unpn any claim involving Sie facts thetein testified iq. § 4, same ch. !.,ii § 1877. Before.takingisuch testimony, such commission- ers shall cause at least six hours' written notice thereof to the said vessel, her owners, master or charterers, to be served on the owners personally, or on the master person- ally, or by handing a true copy thereof to the person found in, charge of such vessel. The said notice, with an affidavit of service, which may be made before such com- • An act for the more effectual protection of emlgrints uriving at the port of Kew Toik, passed June 5, 1868 ; three-flfths being present. EMIGRANTS. 575 miBBioner, shall be attached to the deposition ; but such be attMhea notice need not name the owner, master or charterer, and tion.^ such owner, master or charterer, or their agent, may cross-' o^Jmere"' examine said witness ; but no examination shall be ad- ^^'^JJ"' journed for more than twenty-four hours, unless by reasdh cross- of sickness of such witness. § 5, ch. 857, 1868. wit^sses § 1878. The commissioners of emigration are hereby ^°^' authorized and empowered to lease or purchase suitable Dooka,^&c., docks or piers in the city of New York, and to errect ' Saled or necessary inclosures thereon, and such docks and piers to ?o"theM*e be appropriated and set apart for the exclusive use of ^^' landing emigrants, alien passengers ; but no docks or piers Sn.t. i4B. shall be, purchased or leased without the approval and consent of the common council of said city, and the ex- pense thereof not to exceed fifteen thousand dollars, shall be paid out of the njoneys paid in pursuaiice of the pro- visions of an act entitled "An act concerning passengers in vessels coming to the city of New York," passed May 6, 184:7, and be considered and charged as applied to the general purposes of said act. Onapplication being made to them by any steamboat or lighter proprietor vho is a citizen of good moral character, and shall give good secu- rity in a sum not exceeding five Hiindred dollars to com- ply with the provisions of this acx, the said commission- ers are hereby authorized and directed to grailt licenses to receive alien passengers and their baggage froin vessels arriving at the port of New York subject to quarantine, or from the passengers^ docks at quarantine, to be landed at the emigrant piers or docks aforesaid; and the said commissioners shall have power to revoke the license of any person ' violating the provisions of this act. And every captain of a Steamboat or lighter not properly licensed for such purpose pursuant to this section, who shall convey any emigrant passengers from any such ves- sels, shall be lia,ble to a penalty of one hundred dollars for each and every oiSense, to be recovered by the said commissioners of emigration. § 1, ch. 219, 1848. § 1879. It shall be me duty of every ship-master, owner Passengers or consignee, bringing to the port of New York any alien on the^emi ■ emigrants, steerage or second cabin passengers, in vessels srant piers not subject to quarantine, to cause the same with their baggage to be landed on the ^migrant piers aforesaid, either directly from the vessel or by means of some steam- boats or lighters licensed as aforesaid ; and the landing of them upon any other pier or wharf shall be punished by a fine not less than one hundred dollars, which fine may be recovered of the master, owner of consignee of such ship or vessel. The commissioners of emigration are hereby empowered to make all necessary regulations ^m. Where emi- grant paB- eenj*era to be uinded. Passengers not to De removed from ves- sels at qaarantine. Explana- tory of the tvro last sections. Penalty for violating provisions of act. RELIEF OF THE POOR. fpr,t)ie,pifes.erTa,tion of order, apd,the admission to or ex- clusion frotasiid dqcfe of ant person 01* persons except- , ing such as are duly licenge'd, and any peraon violating any of s^ic^ regulations shall be liable to a penalty ot one hundred dollars for feach and every offense, to be re- covered by the said commissioners of emigration. § 2, ch. 219, 1848. ■ , , ; , . ,". § 1880. The owner or owners, consignee jOr consignees, master, commander or person having charge of any Ship or vessel arriving at .th* port of New York, with pas- e4nge]»s emigrating to the United States, shall land all sucli passengers on some one of the public wharves of the .city of N^vr York, excepting, however, such wharves as ^r^ ow^^pd or rented by'pr are under the control of any siteamboat; 91" railroad or forwarding company or line. § 1, ch. 218; 1853. ' '■ ; \ ■■ § 1381. No owner or owners, consignee or consignees, master, commander or person having charg^ of any siich sh|p or vessel, shall or^pr any such passengers ^b betaken or removed from such,5^ip or vessel at quarantine brelse- wltere, excepting for the purpose of quarantine regula- tions as to health, or shall give orders, or permit or allow any runner or pOTSon on, behalf of or connected, ^ith any steamboat, raiboad or Jorwarding company or line, or emigrant boardingjhouse, to solicit or book any such pas- sengers, or to enter or go on bpard such ship or vessel prior to the landing of such passenger, as is provided for in the first section of this act. § 2, same ch. as amended by § 3, ch. 619, 1853: ' § 1882, The first and seccind sections of this act (sec- tions 1880, 1881) shall apply to the ownpr, or owners, consignee or consigneeSj master, commander or persons having charge of any Bteamboat or other vessel enpplpyed for the purpose of conveying any passengers from quar antine. § 3, same ch. § 1883. Any consignee or consignees, c^iaster, com- mander, or person having charge of any ship, .steamboat, or vessel, who ^all violate any of the provisions of this act, and the owner or owners of such ship, steaipboat or vessel, severally and respectively, shall De subject to a penalty of five hundred dollars for each an4 every viola- tion of any of the prov,isions of this act, tq be sued for and recovered, with costs'of suit, by and in the name of the commissioners of epiigration, in any court having cognizance thereof; and when recovered one-half of said recovery shall be paid to tiie persop furnishing informa- tion and evidence of such violation, and the remainder of Buoh recovery shall be applied and used by .?a.id comjaifl- EMIGRANTS. 577 feionere ■of emigration for the purposes for which sftid com- missionera are constituted. §4, ch. 218>, 1853. § 1884, Aiiy ship, Btdamboat ot vessel, whose master^ Ponaitieeio commander, owner or owners ihall hajTe inoiiirred any JhiJJ'^J?'"* Eenally or forfeiture under the provisions of this act, shrill «s?eL e liable for such penaltiies or forfeitures, which shall be a lien upon Such ship or vessel, and may be enforced or collected by warrant or attachment, in the same manner as is provided in title eight of the third p^rt of the Re^ vised Statutes; alj the provisions of wnioh title shall apply to the forfeitures ^nd penalties imposed by this act ; and the said commissioners of emigration shall, for the purpose of such attachment, i)e deemed creditors of Bnch ship, steamboat or vessel, and of her master or com- mander and owner or owners respectively. § 5, same ch. § 1885. Nothirtg in this act contained sh^ll be con- Landing 1 T , . . ■ 1 11. n 1 . , fro™ steam- strued to prevent the landing oi such emigrant passengers boats or from steamboats or other vessels, in the manner provided Be?»!'"° in the first section of this act (section 1878), in any case where the ship or vessel from which such passengers are taken shall be unable to come to any such public wharf^ provided such steamboat or other vessel shall be employed at their own expense by the owner, consignee, master of person having charge of 'the ship or vessel from which Buch passengers are taken, for the purpofe of landing tha same, in oonsequenoe of their inability to bring such ship or vessel to said public wharf; and thfe' provisions of the second section of this act shall apply to such steamboat or other vessel so employed. § 6, same ch. § 1886. All acts and parts of acts inconsistent vrith thia Repeal, act are hereby repealed. § 10, same ch. '§1887. All persons keeping hoiltses in any of the persons cities of this state for the purpose of boarmUg' enti- boafd?mt- ft fine not less than fifty dollars, and not exceeding one hundred dollars, and:6ihall be committed to the city prison until the said fine shall be paid, and until such luggage or effects shall be deliver^ to suchiemigrants. Any peraon so convicted Eight of .shall have tl^e right of appealing from the decision of »ppe»i- such mayor or magistrate, to the same tribunal^ and in the same manner as is provided by law from appeals' from the decisions of justices in civil cases, and a^l the pro- visions of i law i-elating to appeals from justices shall ap- ply so far as appli'Cable to i appeals froin such mayor or other magistrate. iBut such' appeal shall riot authorize / the detention of sucffi luggage or effects after the payment of the sum which such mayor or magistrate shall adjudge ' ^ to be justly die from: such emigrant, § 4, ch. 219, 1848, as awended by § 1/ch. 321, 18'49. § 188&. No person I shall, in any city of this statej solicit Persons emigtantipassengers or their luggage for emigrant board- SensVa, ro- ing-housesji passenger offices, forwarding transportation fro^""^ lines, or for Meatner s, ships or vessels bound or about to I^H^'aSfs proceed to any port not within this state; or for any per- for'foard- Bori or fonany company selling or ofiering f6r sale,' pas- 1^1'*^'^'', sage tickets, oir contracting or offering to contract tor ■"'^,' ; f)assage in any such I steamer,' -ship or vessel without a !,.v ieense for that purpose, which shall expire at the end of '''"Z'- one year from its date ; such licerise iriay be issued and revoked ip: the discretion of the mayor of the city where such' license may have been granted, except in the city of Licenses to iNew York, in iwhich such license may bo' issued or^ re- anfre" voked only by and in the discretion of the commissioners ▼«>''•*• of emigration; for cause, as hiereinbrftire. provided. Such person receiving such license shall pay the sum of twenty dollarsj land give a bond, with' two sufficient sureties, in Bond to be the penalty of five hundred dollars, conditioned for the ^""' goodbehaisriofn and theobservance by him of the provis- . ■; ' ions of I tilts act, ito tfee mayor of the city issuing thesame, ' «r to the fcommissioners of emigratioit, as the case maiy.be. . . , ' . Th^ money thusleiaeived or ^ofle^ied on said bonds shall ,, ;,' . be for the benefit of said city, onof the. emigrant fund. ; Every, person so licenced shall wear, in a 'eonspicuoras Badge to be place about, his person, a badge or plate, of soich charac- peraon^ ter andiil^ suchtime and manner' as said mayor,' or, in the "fien'sd. city of jS'ew York, as such commissionei's snail "prescribe, with the words "Licensed Emigrant IlunneiiJ''in80iribed 580 RELIEF OF THE POOR. thereon J witii his name and the nnmber of his iicenw. No person who is not of approved good moral charaister shall be licensed as sudi runner. Every peirson who shall solicit alien emigrant passengers or others for the benefit of boarding-houses, passengeir offices, or forwarding oT transportation lines, or for any steamer, ship or vessel .bound or about to proceed to any port not within the state of "New Torf, or for ariy person or company iselling or offering for sale pass:^ : tickets, or contracting or offering to contract for passage in any such steamship or vessel upon, any street, lane, alley; or upon any dock, pier or public' highway, or ini any other .place within the corporate bounds of any: city in ,tlus steate, or upon &nf waf;ersi adjacent thereto, over which an,y of said eities may have Jurisdiction, without suph license, shall be deemed Tiototinif" ^ilty of 4 misdemeanor, and .shall be punished by im- ofthlBact' prisonment in the county prison or jail not less than three How bond! months, nor ejJceeding one year. 'The bonds mentioned Suei*"" in tl''B foregoing sections may be sued by and ini the name of thetmaypr of the city in which such license may have been issued, and in the city of iNew York by and in the name of the commissioners of emigration, in any court having cognizance thereof; and in case of a breach, the said mayor, or the said commissioners, shall) recover the foil penalty of said bond. § 5, ch. 219, 1848, as amended by § 4, ch." 5T9, 1857 ml^'**!)- § 1890. The commissioners of emigration may, when pointed to in their Opinion it shall seem necessary, appoint a proper veseeia and pcrson or persons, to board vessels from foreign ports at aWM end- ^^^ quarantine ground or elsewhere in the port of New Tork, having on board emigrant passengers, for the pur- pose of advising such emigrants, and putting them on their guard, against fr^aud and impositiuh ; and the health officer is hereby required to prevent any person or persons from going on board such vessels, which may be snbjeot to examination by him, until after the said person or per- sons appointed by the commissioners of emigration shall have had sufficient opportunity to terform their duty. § 6," ch. 219, 1848. Sonm of § l^^l- I* ^^*^^ "^t^ ^^ lawful for any railroad company, emigration or for any agent, employee or other officer of any rsal- nate*piaceB road Company, or for any other person, to sell, offer for tiSieta*to' sale, or otherwise dispose of any ticket or .tickets, 6t immi- gnuitr. written or printed instruments, or instruments partly written and partly printed, for the transportation or con- veyance on or by any railroad or steamboat, of any im- mi^ant or deck or steer^e or second class passengi^, arriving at the port of New Tork from a foreign country, at any place or places in the city of New York, except EMIQRANTSi 5gl gdcl^, as niay.be ,cles^rt»te4 by thQ eonnnissioners of emigration; vhioh pl&ee or places inay from time, to Mmej as. th^y n^ay qeem best, be changed by the ;sairged for immi^rantd first class passengers, nor from selling ticketsj-at ths'prin- uc^ero^-*' f New York ; and upon the trial pf any p^jiy; when de- aecuspd, in whose presence any ^uch depoption phaHiP"*''^™' h^ve been taken upon any spn^plaint or cHaj-ge ijja^e, read, on against jhim, relative to the, same transaction, 6ue|i dppo- cu'id'pa^ sition may be r^ead i by either party with the same effect "^' as if the same \pjtness werp sworn, and his testimony taJ^en in open court upon such trial, provided .it ^aU appear thereby tjliat tjie witness at tl^e time tlie deposition • An act relative to immigran^B and other paeaengere arriTing at' or departing ftom tlie port of Xevr Yorlc. PaBsed May 9, 1868 ; tbree-flrths being present. 582 RELIEF'OF THE POOR. was taken, was a itefelden't of this state 'on his way to some other statej' territory, prorihce or country, or a' resident of another state,- territory, or province, or an Pro^io. immigrant from afox'eign c6untr^ ; and provided farther that it shall not be shown to the court, thit the witness at the time of the trial is within its jurisdiction. §-2, oh. 793; 1868. ■>- ' vioiationi § 1893. Any person violating any provision of this act of act to bo shall be deemed guilty of a misdemeanor, and shall, upon mu"e*-*' conviction, be J)unished by a fine of not less than three H^^f^pmi- hundred, and not more than oUe thousand doHslrs, or by ished. imprieonmeut of Hot less than three months, or by both said fine and imprisonment. § 3, same ch. AgentBor §1894. No person Or persons shall exercise the voca- Eo"S *^°° ^^ booking emigrant passengers, or taking money emigt»nt for their inland fare, or for the transportation of the lug- to keepa" gage of such passengers, without keeping a public ofiice h"e*u°* for tlie transaction of such business, nor without the conse. license of the mayor of the city in which such office shall be located, for which shall be paid the sum of tWenty-five dollars per annum. Every such office and place for weighing luggage shall be, at all times when business is being transacted therein, open to the commissioners of emigration or their agent, duly appoiflted, and no scales or weights shall be used for sucn purpose but Such as have been inspected and sealed by the City inspector of weights ; and every such establishment shall have posted mente'to ^° * conspicuous placc and manner at its place of busi- hav°e ness, iu the English, German, Dutch, French and Welsh poBted* Ac. languages, a list of prices or rates of fare for the passage of emigrant passengers, and the price per hundred pounds for traftsporttition of their luggage to the principal places to ^hich the proprietors thereof undertake to convey such passengers ; and shall also deliver a copy of such list to the commissioners of emigration or to ttieir agent in any city where such agency shall be established ; arid any person or company who shall charge or receive, or allow to be charged!^ or received by any person in his or their employment, a greater amount than is specified in said list of prices, or who shall defraud any emigrant in the weight of his or her luggage, or who shall receive money from an emigrant or emigrants for their passage or for the transportation of their luggage, and shall refuse or neglect to issue to the person or peraons so pay- ing their fare, or for the transportation oi their luggage, S'lMoed" ? ticket which shall state the time and place of such issue, the number of persons so paying, the distance in miles to the place to which fare is received, the amount EMIGRANTS. 580 SO teeeived', 'the number of pouiitis of bs^gage and''tli6 price per' hundred potindS' for its tranbpwteition, which sa^^ tidkef shall be Bigiied > by the person or-person^ in •whose names the establishment is conducted^; and if more than one persoil' is interested in the concern as a partnbr, then the full riaihe.of all the persons so interested in said concern shall be priiited or written on the ticket ; or wh« shall ifefeue any such ticket directed to an agent withoiit first having made arrangements with some responsible person or persons to act as his, her or their agent, or who shall issue a! tickiet so as aforesaid for the 'passage of any emigrant or his or her lUgg^age, ■ which sh'au- not be promptly redeemed by the agent or icotis^nee according to the terms of the agreement, as set forth in the- ticket, or who shall in any way fail or neglect to fulfill auy oott-' tract for the- passage of any emigrant, or for the trans-* porta taon of any luggage made with an emigrant, or who shall issue to any person blank receipts signed by him or them, oi* who shall permit his, her or their name or namiea to be used by any other persoii or persotis in said- business of booking emigrant passengers and their, luggagBj or taking money for their fai*e br tenppdrtfiition. of ^ their luggage, shall, fogether with' all other persons coticerned in the violation of these provisions, T)e deemed guilty of a misdemeanor, and shall upon convictioil be punished by confinement ift the city or eounty* prison; not less than six nor more than twelve months ; and any person or company receiving money' as aforesaid for the passage of emigrants,' or for the transportation of their luggage,; withbut 8U,6h' office and license, of who shall refuse admi^siflti. as afore^ said tof such office or pla6e of weighing luggage during the time of tranfeafcting ' business therein; or who shall neglect to postthe said list of rates as aforesaid, or wlio shall neglect oir refuse to furnish a copy thereof as afore- said, or who shall make any arrangement or engagement with any emigrant for his passage or transportation, or any runner or agent connected With or employed by such forwarding establishtoent make such engagement or arrangement v?ithout 'delivering to every 8ueh emigrant a printed card (in the language of the country to which said emigrant may belong) of prices or rates of fare which will be charged every emigrant for his passage oi for transportation bf hi& twiggage or effects ! to the 'princi-' pal places on the route which he, the said' emigrant, is about to travel, or every such keeper or owner or owneTsj or runner or i-uuners connected therewith^ or any licensed emigrant runner or i^anners, shall be deemed guilty of a pnniih- fliisdeinieanor; and shall upon conviction be punished ■ by "o""- imprisonment in the county prison for a period not less 5a4 RELIEF OF THE POOR. Commis- ■ionen nujr eniplojr ■genta, Ac. Rettrietlon OB to eqlicit- ing castom for trans- portation line). Penaltlei to go for nieofthe poor. Penalties, how to be Bued for and collected. CommU- eioners to make an mnnnal re- port With as affidavit. tban three nor more than six months. Licenees under this section may be revoked for cause, and no person shall be licensed under this section who is not of good mo^al character: and a citizen of the United States. The coin- mia^oners of eKugratioi) are hereby aDthorized to employ sileh agents, clerks and servants as they shall deem neces- sary for the purposes aforesaid ; and they shall appoint at least one agent in each of the cities of Albany, Bochester and Buffalo, and pay a reasonable compensa- tion to such agents, clerks and servants^ for their iservices, out of the moneys aforesaid. , § 7, oh, 219, J848, as amended; by* § 1, di. 432, 1849. § 1895. No person holding office ander the govern- ment of thei tfnited States, or of this state, or of any of its cities, or who shall be in the employment of tlie commissioners of emigration, shall solicit custom for any; transportation line, or shall be interested in any way, di- rectly or indirectly, in the forwarding of emigrants, under a penalty of not less than one hundred dollars, and not exceeding three hundred dollars, to be sued fbr in the: name of the people of this state, and which money, when collected, shall be paid into the county treasury, for the use of the poor of said county, § 8, ch. 219, 1848. § 1896. The penalties and foi'feitures prescribed by thjs; act, except as is hereinbefore otherwise provided, shall be sued for and collected in the name of th^ .people of this, state, and applied in the same manner specified in the foregoing eection, except so far as.this act applies to the city of New York, where the same. may be«ued for and recovered, with eosts of suit, before any court having cog-, nizance thereof, by and in the name of the commission- ers of emigration ; and when so recovered shall constir, tute a part of the fund, and be disposed of in the same manner as commutation moneys now derived from emi- grant passengers. § 9, same cb. 1 1897, 'The commissioners of emigration shall annu- ally make and return to the legislature, with their annual report, an afficlavit, in and by which they shall respect- ively swear or.^rm, each for himself^ to the correctness of such report, and that he hath not, directly or indi- rectly, been interested in the business of boarding emi- grants, in the transportation of any, emigradt passengers through wiy portion oi the interior pf this country, or haci made or received, directly or indirectly, any gain, proiit or advantage, by or through the puirchaae of sup- plies, the granting of any contract or contracts herein, or licenses, priyilege or privileges, or the employment of any officer^ servant or Qgeut, mechanic, laborer or other EMIGRANTS. 585 person in; tht boaioess, uiQjder the control; of said oommis* sionerB. § 10, ch. 319,, 1848. .;<§1898. In ca«6ith«.pioBeyfl now apprbpraated by law^ provision for ;the gUpportofthe £eTfor such ticket, to any emigrant emigrant passenger, at a higher rate than one and a quarter '"'*""*"■? cent jjgr milej or shall take pay for any ticket, or order ; ' ;'j for a ticket, under any false representation as to the class of said ticket, whether emitgran,t or first clads/ shall, upon conviction, be deemed gailty of a misdemeanor, and be punished' by a fine of t\ro hundred andi fifty dollars, and imprisonment, in thecaiinty jail for not less than sixty djays. § 7, ch. 218, 1853, . § 1900. Any. person who shall, directly or indirectly, j^".^*'"'- by means of ,falae repreaentations, purchase or receive tain^epas- ^opi any emigrant pafesemger any passage ticket, or who from paff '* shall procure or solicit any such passenger, having a pas- aengers. Giage ticket, to exchange Ih^ same for any other , pa$s;tge ticket, or to >seU the same and purchase some oth^r pas- senger ticket shall bei deemed guilty of a misdemeanor, and nppn conviction shall be puni&hed by fine and im-r prisonment. § 8, same hi!ch' shall J^^'^^^g be imade or issued by any company, assoeiatiDn or person, issued to for: the conveyance *of any imiriigj'ant, second '(jlass, steer- "™'*'"- agejordeck passengers, or as •evidence' Of thei* having paid for a passage, or being entitled to be conveff ed from either or any of 'the points or places in the first seeti^n of this act mehtionea, to any other place or places, shall contain or have indorsed thereon a printed statement of thfe' names of the' particular' railroader raiilroads, tj,nd'.of ,, the line or li'nes of steamboats^ canal boats and propellers, or of the particular boiats or propellers, as the case raay e bej which are to be used in the transportation and convey- ancfe'of such passengers, and also the price or rate of fare charged ot received fer'the transportation and conveyance of any such passlen^'ei: or passengers, with his or their luggage; ^ 2, same eh.' " '■ ■ . §1 1'§08. It shall not be lawful for any persob or per- uni»wWi to sons to deinand or receive, or bajrgain for the receipt of "argainfor any greater or higher price or rate of fare for the trans- greater •/o, -O -T. ■,,, . 1 price or porta tion and conveyance et any such immigrant^ second rate than class', steerage or deck passengersj' with their- luggage, or Ind Mali's either, from either or any of the points or places in' the \°^^^!^ first section of this act mentioned, to any other point or ment8_de- pkce, than the prices'or' rates contained in the statements said™may- whieh shall be delivered to the mayors *of thebities of <»"''"™'<"' $ji|8 RELIEF (DF THE POOR. fixed by N ew York, AUj8j0jy,, Ttoj ^nd Bufelo, and said comiai^ 5n?M8^" Bioners ree^etively as .in the said first s^otion; provided fw^qt the price or pa^s which shall be estahUenedi ' and fixed ipv the transportation and conveyanee of such paSr ^ngeifs and their lugg,agej.or eitheri, by the proprietors or agents of the line, or linesj or means of conveyance, by which §vich passenger or passengers and their luggage are Immigrants ^Q bc transpQrted or convcyed. In all cases, eaonirami- ylareSf' grant ovef four years of age, conveyed by railroad^ shall fifmiiJai be furnished ^ith a seat with permanent back to the seatjwith same, and whea, conveyed by steamboat, prapellerdir ?Sc£*"*° canal boat, shall be allowed at least two and one half fe^t square, in the clear on deck. Such d^ck shall: be covert and, made iw^ter tight over head, and shall be properly protected at the outsidea either by curtains oc partitions, and ehaU be properly ventilated. § 3, oh. 474, 1855.,,, , Pw«aty § IftOQ,: Any company, association, person or persons, visfw?"»f violating or neglecting to comply with any of the provis- eecoSd* ■ ions of ;tl)e fillet or second sections of this act shall be liable Ti°Stei ^^ * penalty of two hundred and fift^y dollars for each and every offense, to be sued for and recovered in the name of, the people of thjp state ; and every person violating any of the provisions of the third section of this act shall be deemed; guilty of a misdemeanor, and, on conviotion thereof, the person offending may be punished by a fine of two hundred ikud fifty dollars, or by imprisonment not exceeding one year, or by both fine and imprisonmenti, in the discretion of the court; one-ha^lf of lYhieh fijies, wlwn recovered, shall be paid to the informer, and the Other half into the county treasury yhere the action shall be tried or the conviotion had, § 4, same ch. SaHstrate. ''^ I^IQ- It flh»U be the duty of every magisti-ate who "sning^ ^ ^ ^hftll issue a warrant for the apprehension (ti\ any person or {Jicrsons for violating the provisions of the third sec- tion of this act, within twenty-four hours after such ppr- ^rovuiins ®**° ^"^ persons ghail have been taken and brc(ught before SfTectiUli* him, to take the testimony of any i witness whb may be ^**- offered to prove the offense cl^arged in. the presence of the accused, who may, in person or by counsel, cross-examine r>iMld*ie ' ^^^ witness. Ttie testimony so taken ,6ball be signed by haa. the witness, and be certified by the magistrate, and in case such magistrate shall commit the accused' to answer the charge, he shall immediately thereafter file the fcesti* mony so t^^n with the district attorney of the county , in which the offense was committed, to be used on the trial of oi; any fiirther proceedings against the accused; and the te^inioay§o taken shyafl be d«emed valid and competent for that purpose, and be read and nsed with warrant for •pprehen- »on of pereODB EMIGRANTS. 58'9 tbe like feflfect as if such witness) ipereorallyexainined on fiueh. trial or proceedings. After the testimony of Jib?^ (■witoess'shall be so takeB', he shall not be detained, not be ' imprisoned or compelled to give any recognizance for his .future appearance as a witness on any trial Or proceeding ,thereafter to be had in the- premises. § S,ch. 474, 1855. §1911. Ihe commissioners of emigi-iation shall frotti qommb- time to tinae designate seme one place in thb city of New deM^ate York as they shall deem, proper for the laadiiig of emi- ^^fj°' -gB^nt passenger^, atid. it shall be lawful fcJr such passeii- emigrant gers to be landed at such jplace so designated by the eom- p*»**°8*"- missioneora ,by an .attachment: under and pnrsiiant to article first of title eight of chapter eight of first pai-t of the Revised Statutesi,' for ■which ptrpose the said commissiofers shall forth with i be deemed to be, and be creditors of such steamboat, steam- tug, propeller, barge, boat or vessel, and have a ditect ; lien thereon.K § 3, eh. 579, 1857. r § 1918. All personal baggage of emigrant passengers p^eonai arriving at the port of and destined for the city of ife^i' wlwre*** Torki I shall 1 be landed a,t the place or pier designated; as '"nfle*- the lafading place in said city) for emigrant passengers j and the captain, owner and .doijsignees of every shipt-ttt vessel arriving at said port with emigrant passengers destined for said city shall be jointly and severally sub- ject and liable to a penalty of fifty dollars for each and Penalty for every emigrant passenger, or his personal baggage, landed proviskmn at any place or pier other than the place or pier aforesaid ; °(J^ '^^ which penalty shall be a lien upon such ship or vessel, Penalty* and may'be enforced and recovered'.by and in the name beenforced! of the commissioners of emigration, either by an action or by and in the name of the commissioners of emigra- tion, either by an action or by warrant of attachment, under arfd.! pursuaift to article first of titleeight :of'6lmpteP' eight' of the ' first part of the Revised Statutes. § 5, same. ch. ,,,.., § 1919. Nothing , in this act contained shall be so con- Existing strued as to, alter, impair,' or modify the existing iWs and cerning " regulations regarding quarantine* or concerning the ccto? §Sw powers given, to, fipid duties injposed upon, the health York, &c. oflSeer of the port of ^ew Tork, for- the protection of the publiq health., I § 7, same ch. § 1920. The commissioners of emigi'ation are hereby saie ofnn- authorized and ifequired to sell at public auction, to the tag^g^ highest bidder, all, unclaimed baggage, goods, or other personal propeitty of emigrant passengers arriving in vessels at the port of New Yprk, one year after the same shall have come ipto their pogsessibn, provided the sale shall be advertised, with a full description of said bag. ^entl*'^ a Tbe lawjs t^lstins toanarantbie have been modified by Butaeqaont legislation. See post, ti 1923, litst 592 EELIEP OF THE POOR. gage, goods or otber personal property, tomther wiA the time and place oif said sale, for itie period «f four weeks, in at least two daily papers, published in the city of Kew York ; and the cost of such advertisitoe apd sale, and the iiecessary erpenses incident thereto, shall be a lien on such Deposit of baggage, goods or other personal property. The proceeds "•"^ of sneh sales, after deducting the costs and iexpenses as aforesaid, shall be deposited in the New York Life and Trust Company, subject to the claim of the ririitfnl owner, for the term of two years ; and after then, shall be applied, to the legitimate uses, of the commissioners of emigra- tion, less the costs andsexpenses. § 1, ch. 887, 1864. inconmi.t- § 1921. No provisions of law inconsistent ^ith this act tolfferttMB shall affect the provisions thereof. § 3, same ch. *•=*■ § 1922. The commissioners of emigratioio are authorized SoSSl to ' to make such regulations as they may deem necessary for £aoM*Sc *^® government of any institntiom, in which they may support such persons as become chargeable to them, and for the employment of the inmates thereof. § 4, eh. 483^ 1841^, as amended by § 9, ch. 350, 1849. ARTICLE TWO. QUAKANTIKE. Sbction 1928. Chapter 147, 1866, and chaprtev 410,1857, repealed, but such i:epeal; not to reyiveany acts repealed bgr the aforesaid chapters. 1924. Quarantine in and forthepor^pf New York established 1925. Quarantine establishmentf^What to coiisist of. 1926. Quarantine structures, how, where, and nnder whose direction, to be erected. 1937. ilieir mode of construction and cspAcitj. 1928. Wharves, how to be constructed ; to be two wet docks. 1929. Location ot anchorage for vessels under quarantine ; how and Vhere to be derignated. 1930. Floating hospital ; how to be constructed and where to be anchored. 1981. Boarding station for vessels from places where dioeaae existed at the time of their departure, etc 1932. Period for quarantine. 1938. Persons exposed Vo small-pox that have not been vaccin- ated, to be vaccinated. 1934. Diseases subject to quarantine. 1935. Merchandise tor sanitarf {>urpoBe8,howto'b« arranged, 1986 and 1937. Merchandise, how to be disposed of. QUARANTINE. 593 Section 1938. Vessels and cargo, regulations concerning, in certain cases. 1939. Health officers, when may order washing of the person and give orders as to how the clothing is to be : cleaned and disinfected. 1940. Admission to pratique. 1941. Health oflScer to decide whether or not a vesSel shall go into quarantine, and when vessel is in quarantine not to depart without written permission of such officer. 1942. A vessel subject to quarantine to have the right before breaking bulk of putting off to sea. 1943. Well and sick persons, how to be disposed of; how merchandise to be treated. 1944. Disposition of merchandise coming in different vesseir 1945. Purification of merchandise. 1946. Where clothing and dunnage to be purified. 1947. Regulations of floating hospital. '• 1948. Health officer to be a doctor of medicine of ten years' standing ; how to be appointed. 1949. Place of residence of health officer and his duties ; ' policemen, nurses and boatmen, and two assistant health officers, or deputy health officers, to be ap- pointed. 1950. Duties of health officer and his assistants and deputies ; oath of office ; property of diseased persons to be in- ven^pried, and when such property and the inven- tory to be delivered to the public administrator, etc., etc. 1951. Powers of health officer when master or owner of vessels neglect or refuse to obey orders of snch officer. 1953. Captains and owners may he authorized by health officer to employ lighterage and men on their own account. 1853. Expenses of health officer and employees, how to be paid ; fares of persons going to and from quarantine, and storage of merchandise, by whom to be paid. 1954. Expenses to be a lien on vessels ; to whom account to be rendered. 1955 and 1956. Punishment of master of vessel for viola- tions of duty ; duties of pilots to hail vessels and ascertain whether they are subject to quiix^ntine. 1957. Duties of pilots finding vessels to be subject to quar- antine. 1958. Certain offenses deeijied misdemeanors;, penalties. 1959. 'Persons opposing or disobeying health officer or mi deputies, how to be punished. 1960. Liens against vessels, how to be enforced. 1961. Duty of health officer in the presence of immediate danger. , 1963. Decisions of the health officer may be appealed from to the commissioners of quarantine. '-' 1963. How such appeal to be effected. 1964. Suits for penalties and forfeitures, how to be' brought. 1965. Quarantine establishment to be held in trust by quar- antine commissioners. 76 : 594 RELIEF OF THE POOR. Sxcnosr 1966. Certain portions of the marine hospital lands on Stateu Island to be sold ; mortgage liens to be paid. (See section 7, ch. 543, 1867.) 1967. Duties of commissioners of quarantine to construct floating hospital, etc.: trail persons to have their liberty as soon as practicable. 1968. Salaries and wages of employees to be fixed by health ofBcer. 1969. Health ofiScer to report annually to commissioners. 1970. Board of Health of New York, etc., when may order vessels in quarantine. 1971. Passengers on board of vessels in quarantine, hoir and by whom to be provided for. 1972. Confinement of persons charged with crime provided for. 1973. Jurisdiction of o£fenses committed under ch^ 358, 1863. 1974. Commissioners of emigration to receive into their hospital all alien passengers (for whom bonds have been given) sent by the health officer. 1975. Commissioners of emigration to convey the right of state in the marine hospital grounds on Staten Island ; how such conveyance to be recorded and filed. 1976. Commissioners of quarantine to hold meetings and report to the legislature. ■;; 1977. Fees and duty of health officer in respect thereto. 1978. Commissioners of quarantine, how to be appointed ; their term of office. 1979. Salary of such commissioners. „ , 1980. Quarantine hospital to be constructed so as to admit of separation of sick persons ; health offipei; .to be the physician of hospital ; charges for sick persons, how and who to pay. 1981. Hospital to be deemed, as to jurisdiction, ,w^thin city of New York ; action^ and removal of the same. 1982. Commissioners of quarantine, when authorized to com' mute with owner, consignee or master .of vessel ; effect of such commutation. ■ ' 1983. Special port warden to be appointed by governor every two years ; his powers and duties ; his fees ; he may appoint a deputy. 1984. Provisions of ch. 751, 1866, inconsistent with ch. 643, 1867, repealed. Rep. Policemen nnder di- rection of health oOe^n. Bklarles. the floating hospital may be nsed for the care of typhns or ship fever and until permanent provision shall be other- wise made by law, small-pox patients shall be sent to, and supported as at present at Blackwell's Island, and typhus or ship fever patients shall be sent to, and sup- ported as at present at Ward's Island, and cholera patients shall be provided for by the commissioners of quarantine in such manner as they may determine and occasion shall demand. § 24, ch. 358, 1863. § 1948. A health officer for the port of New York shall bo nominated by the governor and appointed by him with the consent of the senate, and shall hold his office for the term of two years and until a successor ia such office shall be duly qualified ; provided, however, that no one shall be appointed a health officer except a doctor of medicine of good standing, and of at least ten yeara' ex- perience in tiie practice of his profession, %jid who shall also be practically familiar with the diseases subject by this act to quarantine ; nothing in this section contained shall authorize the governor to appoint a health officer during the recess of the senate, except in case of a va- cancy by death or resignation. § 25, same ch. §i94'9. It shall be the duty of the health officer to reside at sucsli convenient place for the boarding of vessels, as the coramissionei's of quarantine may determine, and to have the general superintendence and control of the quarantine establishment, and thd care and treatment of tli(i|pick, and to carry out all the provisions of this act ; and he shall have power: 1. To administer oaths and take affidavits in all exami- nations prescribed by tliis act, and in relation to any alleged violation of quarantine law or regulation ; such oaths to have the like validity and efiPect as oaths admin- istered by a commissioner of deeds. 2. The commissioners of the metropolitan police are hereby authorized and empowered and directed to ap- point five additional policemen, to be placed under tho direction of the health officer, to perform patrol and police duty, and in any necessai-y emergency the said metro- politan police commissioners shall furnish five additional policemen upon the requisition of the health officer, to be detailed by said officer, not exceeding five days at any one time. The [salary of the] five policemen so to be ap- pointed by the said commissioners shall receive the same salary as other policemen are paid in the metropolitan district ; but the amount so paid shall be refunded by the comptroller of the state out of the general fund upon the certificate of the said police commissioners. Sub. a, § 26, ch. 358, 1863, as amended by § 3, ch. 592, 1865. QUARANTINE. 601 [Foi' the health officer of the port of New York the Policemen sum of five thousand dollars, or so much thereof as may t'ne"*""" be necessary to pay the salaries of not exceeding five policemen at quarantine. Such policemen shall be ap- Their ap. pointed, and may at pleasure be dismissed, by him, and J^^"""™' they shall perform patrol and police duty under his direc- powers, tion, in connection with the quarantine establishment, aud upon the waters of the bay of New York, and they shall possess all the powers possessed by policemen in the cities of New York and Brooklyn. Part of § 2, ch. 492, 1870, p. 1109.] 3. To direct in writing any constable or other citizen ib. to pursue aud apprehend any person who shall violate any quarantine law or regulation, or who shall obstruct the health officer in the performance of his duty, and deliver him over to the said officer to be detained at quar- antine until discharged by such officer, but such confine- ment shall in no case exceed ten days, and it shall be the duty of the constable or other citizen so directed to obey such directions ; and every person violating the quaran- tine laws or regulations, .or obstructing the health officer, shall be considered guilty of a raisdemeanorj punishable by a fine of not less than five hundred dollars, or by im- prisonment not less than three months or more than six months. Sub. 3, § 26, ch. 358, 1863. 4. To select and appoint and dismiss at pleasure, as ib. many nurses, boatmen and other employees of the float- ing hospital and boarding station, as may be found neces- sary for the care and proper treatment of the inmates thereof; and also, and in conjunction with the quaran- tine commissioners, to license, lightermen, stevedores^ laborers and otiier employees as may be found necessary for the care and purification of vessels, merchandise, bag- gage, dunnage, etc., in quarantine ; but the compensation of all person^ so employed shall be fixed and determined by the commissioners of quarantine. Sub. 4, same §. 5. To select, appoint and dismiss at pleasure, two as- ib. sistant or deputy liealth officers for whose conduct he AeBietant* shall be responsible, and who may perform, subject to his direction, all the duties required of the. health officer Sub. 5, § 26, ch. 358, 1863. § 1950. It shall be the duty of the health officer and Duties of his assistants and deputies : 1. To take and subscribe the oath of office prescribed oath of in article twelve of the constitution of the state of New °®"- York. 2. To board every vessel subject to quarantine or duUm of visitation by him, as soon as practicable after her arrival, officer, between sunrise and sunset ; to inquire as to the healtli 76 602 RELIEF OF THE POOR. Deceased peraoDB. Property of deceased persons In quarantine to be in- ventoried. Property, an invent- ory to be delivered to'pnblic Adminis- trator. Boards of bealtti or New York and Brook- lyn to be notified. Reception of vei*8els, etc. Cases of yellow fever Yellow flag. of all persons on board, and the condition of the vessel and cargo, by inspection of the bill of health, manifest, log-boo£, or otherwise ; to examine on oath as many and such persons on board as he may Judge expedient, to enable him to determine the period of quarantine and the regulations to which such vessel and her cargo shall be made subject ; and to report the facts and his conclusions, and especially- to report the number of pei-sons sick, and the nature of the disease with which they are afflicted, to the quarantine commissioners. Sub. 2, § 27, ch. 358, 1863, as amended by § 4, ch. 592, 1865. 3. To exercise dispatch in the disposal of persons arriving in infected vessels, to have the bodies of persons who have died of malignant diseases on board of infected vessels arriving, and such as shall have died in the float- ing hospital, interred in the quarantine burying ground near Seguine's Point ; and to proceed without delay in the purification of vessels, merchandise, baggage, dunnage and other articles in quarantine ; and whenever he shall judge the same free from infection, to permit the removal thereof. No vessel or cargo, however, that has been in quarantine shall be permitted to proceed to New York or Brooklyn, without the approval of the mayor or board of health of those cities respectively. 4. To secure the effects of deceased persons in quaran- tine from waste and embezzlement, and make a true in- ventory thereof, and when the rightful claimants of such effects do not appear within three months, to deliver the same, with such inventory, to the public administrator of the city of New York, unless the said property be of such a description as ought not to be removed, or may be destroyed under the provisions of this act. Sub. 4, § 27, ch. 358, 1863, as amended by § 5, ch. 592, 1865. 5. To keep the boards of health of New York and Brooklyn, at all times, informed of the nutyber of vessels in quarantine, of the number of persons sick in the float- ing hospital, and of the diseases with which they are afflicted. 6. To receive any vessel or merchandise sent to him by the health authorities of New York or Brooklyn, danger- ous to the public health. 7. To receive into the floating hospital any case of yel- low fever that shall have been "contracted in quarantine establishment or elsewhere. 8. To have all vessels, warehouses and merchandise in quarantine designated by a yellow flag ; and to prohibit communication with or passage within range of such vessels and places except under such restrictions as he may QCTAIlANTmE. 60a desi^ate as being compatible with saiely, §27, ch. 358i 1863. § 1951. Whenever the health oiEcer, in the performanee Power of of his duties, and in the execution of the powers imposed Sfflc«. and conferred upon him by law or by any regulation or ordinance madein pursuance of any statute of this state, shall order or direct the master, owner or consignee of any vessel, subject to quarantine, to do any act or thing, or comply with any regulation relative to said vessel, or to any person or thing on board tliereof, and said master, owner or consignee sliall neglect or refuse to comply with such order or direction; the said health officer shall have power to employ such persons and assistance as may be necessary to carry out and enforce such order and direc- tion, and the persons so employed shall have a lien on such vessel, her tackle, apparel and furniture for theit services and expenses. § 28, same ch. § 1952. The health officer in the lighterage, stevedor- ib. age and storage of vessels and merchandise in quarantine, may permit the captains and owners to employ lighter- age and men on their own account; all persons so em- pfoyed, however, shall be subject to the same restrictions far the protection of the public health as those who may be licensed for the same services by the health officer and commissioners. § 29, same ch. § 1953. Whenever any expense shall be incurred by Expenseeof the health officer, or whenever any services shall be ren- el^and**^' dered by him or his employees in the discharge of the pioyees; duties imposed upon him by law, in relation to vessels, paid.'" *" merchandise, baggage, dunnage, persons or burials under quarantine, such expenses and services shall be paid for to the health officer by the masters of the vessels for which said expenses shall have been incurred, or the services shall: have been rendered, or in which the merchandise, baggage, dunnage and persons shall have arrived. Per- pj„„,p5f. sons conveyed to or from the quarantine establishment, sons Roing in the steamboat hereinafter mentioned, shall pay the quarantine, health officer for such transportation individually, except *? mw^han- in cases where they shall be conveyed for the master of a tiise; by vessel^ in which case the master shall pay for the same. oaia. The storage of all merchandise, in the quarantine ware- houses, shall be paid for by the owners or consignees to the quarantine commissioners on delivery, and the use of the wet docks for overhauling and repairing vessels shall be paid for to said commissioners by the captains or own- ers of the vessels using them. The charges for each and all of said services in this section mentioned, and storage and the use of said wet docks, shall be fixed and deter- mined upon by said commissioners. And nothing in this 604 RELIEF OF THE POOR. section contained shall in any manner impair or reduce the liability and duty of the said health ofRcar to pay the salaries, wages and expenses imposed upon liim by the fifty-third section (section 1977) of the act liereby amended. § 30, oil. 35S, 1863, as amended by § 6, ch. 592, 1865. Eipensesto § 1954. The expenses, services and charges specified in ^eggJiJ?^" the last preceding section shall be a lien on the vessels, TOnn?ti%e merchandise or otlier property, in relation to which such roodered. expenses and charges shall have been made, or snch ser- vices shall have -been rendered ; and it shall be the duty of the health officer to render an account, payable to the quarantine commissioners, to all masters, owners or con- signees liable to pay any charges to said commissioners, according to the provisions of said section, as soon as practicable after such liability sliall have accrued; and if such master, owner or consignee shall omit to pay the same within three days after said account shall have been rendered, said commissioners may ]5roceed to enforce said lien, or they may have and maintain an action against the master, owners or consignees of such vessel, or the owners or consignees of such merchandise or property, and each and every one of them, to recover the amount of such expenses, services and charges ; and the health officer shall have the like remedy as is given to said com- missioners to recover for any expenses or services which are made payable to him according to the jirovisions of said section, iii case the same shall remain unpaid for the period of three days after payment thereof shall have been demanded by him. In the ease of passengers, how- ever, for whom expenses shall have been incurred under quarantine, the master of the vessel in which such pas- sengers arrived may recover from them the aiiio\int of the expenses incin-red on their account. And until all the expenses, services and charges specified in said last preceding section, and for which a lien is created by this section, shall be paid, the vessel, cargo and other prop- erty shall be held in quarantine ; provided, however, that such vessel, cargo or other property shall not be held in quarantine for non-payment thereof, if the master, owner or consignee thereof shall execute and deliver to the said commissioners of quarantine a bond, with sufficient sure- ties, to be approved by them, conditioned for the payment of such expenses, charges and services, within ten days thereafter. § 31, ch. 358, 1863, as amended by § 7, ch. 592, 1865. Panuhment § 1955. Every master of a vessel, subject to visitation ormasterof by the health officer, who shall refuse or neglect either : viciati.ins 1. To proceed with and anchor his vessel at the place "^ ''"'^- assigned at the time of his arrival ; or, QUARANTINE, 605 2. To submit his vessel, cargo, crew and passengers to the examination of the healtli officer, and to furnish all necessary information to enable that officer to determine to what measures they ought respectively to be sub- ject; or, 3. To remain with his vessel at quarantine during the period assigned by tlie health officer, and while at q>iar- antine to comply with the directions and regulations pre- scribed by law, and with such as any of the officers of health, by virtue of the authority given to them by law, slUiU prescribe in relation to his vessel, his cargo, himself, his crew or passengers^ shall be guilty of a misdemeanor, and be punished by a fine not exceeding two thousand dollai-s, or by imprisonment not exceeding twelvemonths, or both by such fine and imprisoment. § 32, ch. 358, 1863. '§ 1956. Every master of a vessel hailed by a pilot who Pnnieh- shall etlther : master for 1. Give false information to such pilot, relative to the ofdoty."* condition of his vessel, crew or passengers, or the health of the place or places from whence he came, or refuse to give such information as shall be laXvfully required ; 2. Or land any person from, his vessel, or permit any person, except a pilot, to come on board of his vessel, or unlade or tranship any portion of his cargo before his vessel shall have been visited and examined by the health officer ; 3. Or shall approach with his vessel nearer to the city of New York or Brooklyn than the place of boarding or anchorage to which he may be directed, shall be guilty of the like offense, and be subject to the like punishment ; and any person who shall land from any vessel, or unlade or tranship any portion of her cargo under like circum- stances, shall be guilty of a like offense, and be subject to the like punishment. § 33, same ch. § 1956. It shall be the duty of each branch and deputy Dntybf pilot belonging to the port to use his utmost endeavors p""**" to hail every ivessel he shall discover entering the port^ and to interrogate the master of such vessel in reference to all matters necessary to enable such pilot to deter mine whether, according to the provisions of the preced- ing sections, such vessel is subject to quarantine. § 1957. If, from the answers obtained from such tn- Dnty of quiries, it shall appear that such vessel came from a port certain" where, any qnarantinable disease existed at the time of <=*»"■ the departui'e, or that any case of such disease shall have occurred ou board of her during the passage, the pilot shall immediately direct the master of the vessel to pro- 506 RELIEF OF THE POOR. Certain offenees to be mi»de- meanore. Penal ties. Feraona op- posing or disobeying health offi- cer, Ac., to be punish- ed ; mode orpnnish- ment. ceed and anchor such vessel at the qnarantine anchorage in the lower bay. In other cases of vessels liable to quar- antine, he shall direfit the master thereof to proceed and anchor such vessel at such point as shall be assigned by the quarantine commissioners as an anchorage tor such Tessels; provided, however, that the anchorage for such vessels shall be at least one-half mile distant from the shore of Long Island and Staten Island. § 35, ch. 358, 1863, as amended by § 8, ch. 592, 1865. § 1958. Any person, except a pilot, who shall go on board of, or have any communication or dealing- with, any vessel hereinbefore declared subject to quarantine, before she shall be boarded and examined by the health officer, or while she is being examined by him, or who shall violate any provision of this act, or shall neglect or refuse to comply with any direction or regulation which the health officer or commissioners of quarantine may prescribe by virtue of this act, shall be guilty of a misdemeanor, and be punished by a fine of not less than one hundred dollars nor more than five hundred dollai'S, or by im- prisonment not less than three nor more than six months, or both such fine and imprisonment. And any person except the master, owner or consignee of said vessel, who shall go on board of any such vessel after she shall have te- ceived from the health officei" his permit to proceed from quarantine, and before such permit shall be delivered at ^e office of the mayor of the city of New York or of the city of Brooklyn, shall be guilty of the like ofiense and subject to the like punishment. § 36, ch, 358, 1863, as amended by § 9, ch. 692, 1865. § 1959. Every person who shall oppose or obstruct the health officer or his deputies in performing the duties re- quired of him by law, and every person who shall go on board of, or have any commnnication, intercourse or deal- ing with, any vessel under quarantine, or with any of her crew or passengers, without the permission of the health officer, or who shall, without such permission, invade any portion of the quarantine establishment, shall be guilty of the like offense, and subject to the like punish- ment, prescribed by the preceding ninth section of this act ; and such offender shall be detained at quarantine so long as the health officer shall direct, not exceeding twenty days. In case such person shall be taken sick ot any contagions or infectious disease during such twenty days, he shall be detained at quarantine for such further time as the health officer shall direct. Exclusive jurisdic- tion of the offenses specified in this section is hereby con- ferred upon the courts specified in the forty-ninth section (section 1973) of the act which is hereby amended ; and all QUARANTINE. 607 of • the provisions of said last-mentioned section shall apply to said offenses. § 11, ch. 592, 1865. 1 1960. The several liens specified in this act and the Mode of act hereby amended (chapter 358, 1863) may be enforced i^Sl?^' in the same manner as other liens on vessels ai'e en- forced by warrant of attachment, in the mode prescribed in the act entitled "An act to provide for the collection of demands against ships and vessels," passed -April twenty-fourth, eighteen hundred and sixty-two, all the provisions of whicli shall apply to the services, expenses and charges hereinbefore and in said act specified, and the person or persons, to whom said expenses and charges for which such liens are created shall be payable, shall be deemed creditors of the master, owners and consignees of the vessel or merchandise respectively, and such per- son or persons may have and maintain an action against the master, owner or consignee, and each of them, to recover the value of such services, charges and expenses. § 12, same ch. § 1961. It shall be the duty of the health officer, in the Farther presence of immediate danger, to take the responsibility SeSoffl- ' of applying such additional gaeasures as may be deemed <=«"■ indispensable for the protection of the public health. § 37, oh. 358, 1863. § 1962. Any person, aggrieved by any decision or direc- Appeal tion of the health officer, may appeal therefrom to the decuiom. commissioners of quarantine, who shall constitute a board of appeal ; the said board shall have power to affirm, re- verse or modify the decision, order or direction appealed from, and the decision, of the said board thereon shall be final. § 38j same ch. m § 1963. An appeal to the board of appeal must be Mode of made by serving upon the health officer a' written notice *pp*"^* of such appeal within twelve hours (Sundays excepted) or within such further time as shall be allowed by the com- missioners of quarantine after the appellant receives notice of the order, decision pr dil-ection complained of Within twelve hours after the health officer receives such notice, (Sundays excepted,) he shall make a return in writing, Hetnm including the facts on which bis order, decision or direc- *•">'«'<'• tion was founded, to the president of the board of com- missioners of quarantine. Upon receipt of such retura, or in case no return shall be made within the time afore- said, he shall immediately call a meeting of the board of appeal, and said appeal shall be heard and decided within twenty-four hours thereafter (Sundays excepted), and until such decision be made the order, decision or direction complained of, except it refer to the detention of a vessel, 608 RELIEF OF THE POOR. her cargo or passengers, at quarantine shall be suspended, § 39, ch. 358, 1863, as amended by § 14, ch. 543, 1867. _ snitfor § 1964. The penaltifes and forfeitures prescribed by tliis peoBity. • j^gj. j^j^y i^g gyg^ ^Qj, j^jjj recovered, with costs of suit, by and in the name of the commissioners of quarantine, according to tlie provisions of "An act (chapter 195) con- cerning passengers in vessels coming to the city of New York," passed Mav iiftli, eighteen hundred and forty- seven. I 40, ch. 358, 1863. commw- §1965. The commissioners of quarantine are hereby qoirantino, Constituted the custodians of the qiiarantine establish- cuBtodians.' ment of the harbor and port of New York, to be by them held in trust for the people of this state, for the purposes, Power of ■ ^"'^ subject to the provisions, speciiied in this act. And fo^re'of ^^^^ shall have power to make such rules and regulations, quarantiDc. not inconsistent with the provisions of this act, as they shall deem necessary for the care and protection of each portion of the quarantine establishment, for the govern-^ ment of the employees therein ; for the regulation of the conduct of all persons under quarantine, and for prevent- ing communication or intercourse with any vessel under or subject to quarantine. All the necessary expenses in- curred b}' the said commissioners in the care and mainten- ance of said establishment and in the discharge of their duties, not otherwise in this act provided for, shall be paid out of any moneys which may come into their hands, or which may be appropriated for constructing or carry- ing on said establishment. §41, ch. 368, 1863, as amended by § 10, ch. 592, 1865. i oommi«- § 1966. The commissioners of the land office are hereby ofilnd authorized and directed, without unnecessary delay, to office to «eu sell the lands owned and hitherto used on the eastern lifnS'on shore of Staten Island, heretofore known as " The Marine Island. Hospital " except that portion of the southeast corner of said lands described and bounded as follows: All that Kie?.*" P*""* o^ *li® quarantine grounds commencing on Arrietta street at a point on the southerly wall of said grounds, three hundred and fifty feet distant from the southwest- erly intersection of said wall with the easterly line of said Tompkins avenue ; thence northerly on a line parallel to said Tompkins avenue four hundred feet ; thence south, eighty-four degrees and fifteen minutes east, on a line paral- lel with said southerly wall, on the north margin of said Arrietta street, to the pier line as established by the harbor commissioners ; thence southerly along said pier line to the intersection with a line of said southerly wall prolonged ; thence westerly to and along said wall on the north mar- gin of said Arrietta street to the place of beginning, which How laode gij^u be reserved from such sale for a landing and boai'd- QUAEAN-TINE. ' 609 iiigiBtation, and such other purposes as may be necessary," reserved to until a permanent quarantine station shall have been pro- seeTs^cn. vided, except that said jJarbel of ground, or any part there- 5*a,mt. ' of, shall not be used or occupied for hospital purposes, or for the reception, depositing, or storing of any article or thing which may have been taken froni any vessel arriv- ing at the port of N'ew York that maybe subject to quarantine." And also the land at Segoine's Point, ex- cepting the burying ground, which sh^ be retained as a part of the new quarantine, together with all the buildings, and the proceeds of the same shall be held sub- ject to and for the purpose of this act. And for the pur- pose of enabling the commissioners of the land office to convey an unincumbered title to purchasers, the amount which may be due upon the mortgage or mortgages upon the said premises, executed by the commissioners of emi- ^ratiopj shall be paid ; the said commissioners of emigra- J^°J*S*sm tioni being required to pay fifty-thousand dollars of the &0i '* amount due upon such mortgages, from the funds in their hands, and the residue shall' be paid from the proceeds of the sale by the commissioners of the land office. § 42, ch. 358, 1863, as amended by § 1 and § 2, ch. 398,. 1864. ; §1967. The said comniissioners of quarantine are DuHesof hereby authorized and directed to proceed, without nn- Sra?«'of necessary delay, to have constructed a. floating hospital, iiara^tioe- wasrellouses, wet-docks, and to provide a boarding station and a residence for the health officer, with all appurte- nances, according to the provisions of this act, and to pay for the same out of ths' funds hereinbefore provided, and such other funds as are now held by them, or asthey. are, or shall be, empowered to raise or receive tor. such purposes. In the exercise of quarantine regulations at the harbor and port of New York, until the completion of the establishment according to the provisions of this act, vessels or hulks may be appropriated for the service, of the sick, and also, for the reception of merchandise ; but in such cases they shall be so: disposed as to permit' the separation of the sick with different diseases, and- to secure the best conditions of hygiene, especially ventila- tion, and under no circumstances , whatever shall sick persons be kept in proximity j with infected vessels or merchandise. Well persons shall have their liberty as weu .,- ^ , .jiT •• J} i-T, • peraonB, soon as practicable, consistent with the provisions oi tnis .„ act; and all means necessary to the protection of the public liealth shall, be instituted according to the exigen- cies of the case, provided they are not inconsistent with the provisions of this act. § 43,. ch. 358, 1863. , §: 1968. All salaries and wages of the employees in the Mariesmd quarantine establishment, not specially provided for In ^"yee». 77 610 RELIEF OF THE POOR. Heiatit officer to report annoaUy. Fowen of board of bealth, mayor and commla- BlonerB of health, and health officer of New Tork, and the board of health of BrooklTn. Passengen, when to be provided for by master of veuel. this act, shall be fixed and determined by the health- officer. § 44, ch. 358, 1863. § 1969. The health officer shall present to the com- missioners of quarantine annually, on or before the first of January, a report of the general condition of the quarantine establishment with the statistics of the insti- tution in detail, and such other information and sugges- tions in regard to the same as he may deem advisable ; he shall also furnish to the board of health of the cities of New York and Brooklyn, and to the commissioners of quarantine, whenever required by them to do so, an official return of the numbers and diseases of the patients in the floating hospital. § 45, ch, 358, 1863, as amended by§12,ch.. 543, 1867. § 1970. The board of health, or the mayor and com- missioners of health, of the city of New Tork, or the board of health of Brooklyn, whenever in their or his judgment the public health shall require, may order any vessel at the wharves of the city, or in their vicinity, to the quarantine ground or some other place of safety ; and may require all persorls, articles or things introduced intO' either city from such vessel, to be seized, returned on board thereof, or removed to the quarantine or other place of safety. If. the master, owner or consignee of the ves- sel cannot be found, or shall neglect oi refuse to obey the order of removal, the said board of health, or mayo'r and commissioners of health; shall have power to employ such assistance as may be ' necessary to effect such re- moval, at the expense of such master, owner or consignee ; and such vessel or person shall not return to the city without the written permission of the said board of health, or mayor and commissioners of health. When- ever any person shall have been employed, as above provided, to remove any vessel, or to remove any article' or thing introduced into the city from such vessel, and shall, in pursuance of such employment, effect such re- moval, he shall have a lien on said vessel, her tackle, apparel and furniture, for his services and expenses in efrecting such removal. § 46, ch. 358, 1863, as amended by § 14, ch. 543, 1867. § 1971. All passengers being on board of vessels under quarantine shall be provided for by the master of the vessel in which they shall have arrived ; and if the mas- ter shall omit or refuse to provide for them, or they shdll have been sent on shore by the health officer, they shall be maintained by the commissioners of quarantine, at the expense of such vessel, her owners, consignees, and each and every one of them ; and the health officer shall not permit such vessel to leave quarantine until such expense QUARANTINE. 611 shall have been repaid or secured ; and the said commis- sioners of quarantine shall have an action against such vessel, her owners, consignees, and. each and every one of them, for such expenses, which shall be a lien on such vessel, and may be enforced as other liens on vessels are enforced by said commissioners of quarantine. S 47, ch. 358,1863. , § 1972. The health officer, upon the application of the ^°°^«j master of any vessel under quarantine, may confine, in offendew. any suitable place on shore, any person on board of such vessel charged with having committed an offense punish- able by the laws of this State or the United States, and who cannot be secured on board of such vessel ; and such confinement may continue during the quarantine of such person, or until he shall be proceeded against in Sue course of law ; and the expense thereof shall be charged and collected as in the last preceding section. § 48, same ch. § 1973. Exclusive iurisdiction of the offenses specified J"'"*^*- m this act is liereby given to the courts of general and offenses, special sessions of the peace of the city of New York, and general sessions of the county of Kings ; and it shall be the duty of the district attorneys of the city and county of New York and county of Kings, respectively, to prosecute, all- persons guilty of such offenses, in prefer- ence to any indictment then in their offices ; and it shall be the duty of either of the said courts to hear and try the offenses against this act, in preference to all other cases pending before it ; and whenever any person shall be convicted on a trial for such offense, the court shall forthwith proceed to pronotince judgment upon him i according to the terms prescribed in this act. § 49, '.'■'.'■ same ch. § 1974. The commissioners of emigration shall receive Duty of into their hospitals all alien passengers for whom bonds SSJSersof shall have been given, or commutation paid, under the emigration, several acts of this State relating to alien passengers ar- riving at the port of New York, who shall be aflected with any contagious or infectious disease, other' than yellow fever, and sent to such hospital by the authority of the health officer. They shall defray the expenses of such patients out of the moneys by them received on account of bonds or commutation. § 60, same ch. § 1975. The commissioners of emigration shall execute To convey and acknowledge a suitable and proper conveyance, to uneTs'tothe he-approved by the attorney-general, conveying to the "'»'^' state all the right, title and interest which they have in the real estate on Staten Island, now or formerly occupied for quarantine purposes^ as a marine hospital ; which con- 612 RELIEF OF THE POOR, Meetings of conimis- slonen of qaanatine. Report! by. Fee* of health offi- cer. Appoint- ment of three qnar- sntlne com- misaionerg. BSU17. veyance, after being recorded in the office of the clerk of the county of Richmond, shall be filed in the office of the secretary of state. § 51, eh. 358, 1863. § 1976. It shall be the duty of the commissioners of quarantine to hold daily meetings, Sundays and cus- tomary holidays excepted, from the first day of May until the first day of ISTovember, in each year, and as often in the other months as in their judgment may be necessary. 'They shall present annually a report .of their proceed- ings, and of the condition of the quarantine establish- ment, to the legislature, at the opening thereof. § 52, same ch. § 1977. The health officer shall be entitled to receive thafees fixed by law for his services. He shall thereout pay all the salaries and wages of the deputy health officers, and such bargemen, nurses and stewards as may be necessary for the performance of the duties imposed upon him by this act, for the carrying on the quarantine establishment, except the salaries of the commissioners of quarantine ; and the said health officer shall pay the current expenses' of running a steamboat for the trans- portation of pei"sons to and from the establishment, and for visitations, and for burying the dead. But nothing in this section contained shall be construed or held to afiect the liability of masters or owners of vessels, passengers, or other persons, to pay for such services, labor, or work, as they are respectively required to pay or discharge by the terms of this act. § 53, ch. 358, 1863, as amended by § 14, ch. 592, 1865. § 1978. The governor shall nominate, and by and with the^advice and consent of the senate appoint, three dis- creet persons, citizens of this State, who shall be residents of the metropolitan police district, as commissioners of quarantine for the purposes of this act, who shall hold their offices for three years and until their successors shall be appointed and qualified. He shall, every three years thereafter, and as often as vacancies shall occur by reason of death, resignation, insanity, or removal from the said district, appoint, by and with the consent of the senate, citizens, as aforesaid, who shall reside in said dis- trict, to fill the places of those commissioners whose terms shall expire or become vacant, and the persons so appointed shall hold their offices for three years, and until their successors shall be appointed and qualified. § 64, ch. 358, 1863. § 1979. The said commissioners shall receive an annual salary of two thousand five hundred dollars each. § 55, same ch. QUARANTINE. 613 § 1980. The hospital [in pursuance of sections 1-4 of Hospital chapter 751 of 1866] so to be erected and provided, as S?e."° aforesaid, shall be so constructed as to admit of the sepa- ration therein of persons sick with different diseases, and •when so required, the same shall be applied exclusively to the reception and care of persons sick with yellow P""'^,, fever or cholera, and, when so used, patients sick with other diseases, subject to quarantine, shall be disposed of and provided for in the manner now required by law. When not required for the reception ot yellow fever or cholera patients, said hospital may be appropriated to the reception of persons sick with other contagious dise'ases, subject to such regulations as the commissioners of quaran- tine shall deem necessary to priescribe ; and said commis- sioners may appoint a physician for said hospital, and the health officer of the port of New York shall be the physi- p?"'*'??, cian for said hospital. The expense of the care and support °' °^^ of each person received into said hospital shall be fixed and determined as other quarantine charges and expenses are now by law fixed and determined, and shall be pa!d to said commissioners by the master, owner or consignee of the ves- Expenses, i Gel in which the persons so received shall have arrived, and ^°^ *" *>* the said commissioners shall have the same-remedies to en- force the payment thereof as are given them by existing laws to enforce payment of charges for storage in the qiiarantine warehouses. § 5, ch. 751, 1866. § 1981. For the purpose of determining all questions Jf"*',^'"^^'' of jurisdiction, in any action, either civil or criminal, tionin growing out of any act or thing done upon or connected *"'''""• with the said hospital hereby authorized to be erected, the said structure shall be deemed to be within the limits Jft^'^J of the city and county of New York, and whenever any hoBpUai'fo action has been or shall hereafter be commenced, or any * **""* * criminal prosecution shall be instituted against the health officer of the port of New York, or either of his deputies,' or any of his Employees, or against the commissioners of quarantine, or either of them, or against any person en- gaged in performing any duty or rendering any service in any matter or thing connected with the quarantine estab- lishment, or any part thereof, before any court or officer ^^ ^^^ within the county of Richmond, or where such county caseactioni sliall be the place of trial named in the complaint in any moved from such action, the defendant or defendants therein may ^om?»»°'1 apply to any j ustice of the supreme co urt for an ord er direct- ing that said action be tried either in the city and county of New York or in the county of Kings, and tlie said jus- tice shall thereupon make an order removing said action from the county of Richmond totiie city and county of New York or to tlie county of Kings. In case the action 614 RELIEF OF THE POOR. In what waters in- fected veg- Belsnot to anchor. Commnta- tion with owners of veesela, &c. What to bo in lieu of. shall be pending in the supreme court, the oi'der shall desig- uate in which of the other counties above named the trial shall be had. In case such action shall be pending in the county court, said order shajl remove said action into the supreme court, and shall designate one of th« other coun- ties above named as the county where the same shall be tried. In case the action shall have been commenced before a justice of the peace, the order shall name the JAstice of the peace or court before which said action shall be tried in the county to which the same shall be removed, as aforesaid, and in case the action shall be crimilial, the order shall direct to what oflBcer or court the complaint or indictment shall be sent for trial, and shall provide' for giving bail in such form and amount as the said justice to whom such application shall be made shall deem proper; and in all cases where an order shall bo made as aforesaid, the court or officer to which said action shall be transferred, as hereinbefore authorized, shall pro- ceed to the trial thereof in the same manner and with the like effect as if said action had been commenced before such court or officer, and the cause of action had arisen in the county to which said action shall be removed. § 6, ch. 751, 1866. {It shall not be lawful to suffer or permit any vessel infected with a pestilential, contagious or quarantinable disease, or any vessel containing any person or persons infected with any such disease, to anchor in the waters of Gravesend Bay. § 1, ch. 543,» 1867.] § 1982. The commissioners of quarantine are hereby authorized and empowered to commute with the owner, consignee or master of any ship or vessel, for the charges and expenses which may be made or incurred in the care, treatment, maintenance, cleansing of baggage, or burial of any person under quarantine, who shall arrive in the port of New York, upon such ship or. vessel, by receiv- ing from such owner, consignee or master, such a sum for eacli person arriving in such ship or vessel as the said commissioners sliall deem to be just and proper. The amount so paid shall be in lieu of all charges and expenses now authorized by law to be collected from such ownei', consignee or master, for tlie care treatment, maintenance or burial of any pei'son under quai-antine, arriving in such ship or vessel, and all persons under quarantine, for whom commutation moneys sliall be so paid, shall be taken care of and inaiutaiiied at, the expense of the funds provided for defraying the expenses of the quarantuie so received by the commissioners, shall be deemed a part of the funds provided for that purpose. § 5, ch. 543, 1867. • "An act in relation to qaarantlne in the port of Now York, and to amend exist- ing acts relative thereto,"^passed April 22, 1887. MISCELLANEOUS. 616 § 1983. Immediately after the passage of this act, and special every two 'years thereafter, the governor shall non^inate, , Sei!'''"" and by and with the advice and consent of the seriate, shall appoint, a special port-warden in and for the port of New York, whose duty it shall be to act as warden in regt^d to vessels under or subject to quaraiJtine, but his duties shall not extend to vessels stopping ' at iijuarantine for the purpose of visitation only by the health ' officer, but which shall not be detained. The person so appointed Termor shall hold his office for two years ,and until his successor is appointed and qualified; and in reference to vessels or DutieB. merchandise under or subject to quarantine, he shall possess all the powers of a port-warden in the port of New York, but he shall discharge his duties under and subject to such regulations as the health officer shall see fit to impose for the protection of the public health ; he shall be entitled to receive for each survey or examina- ^*"" tion made by him, the sum of five dollars, and shall make returns to the warden's office, in the city of New York, of each survey made by him, within twenty-four hours after the same shall be made; and he may appoint a- deputy, who, during his absence or inability to serve, *'"*'' may perform all his duties and exercise all his powers ; and so much of any existing law as authorizes the appoint- ment of. port-wardens to act under quarantine, other than the one hereinbefore specified, is hereby repealed, i § 11, ch. 543, 1867. § 1984 So much of chapter seven hundred and fifty- ^i'**'' one of the laws of one thousand eight hundred and sixty- six, as is inconsistent with the provisions of this act, ia hereby repealed. § 13, same ch. CHAP. LXXV. MISCELLANEOUS MATTEBS. ARTICLE ONE. IVuit Growers, protection of. Sections 1985-1988. ARTICLE TWO. Eelating |;o animals running at large in the public highway. Sections 1989-1998. 616 RELIEF OF THE POOR. ARTICLE THREE. Game Laws. Sections 1999-2040. ARTICLE FOUR. Relating to the prohibition of circulation of obscene liter- ature and trade in articles of an immoral use. Sections, 2041-2045. ARTICLE ONE. Entry of fralt orchards, vineyards, &c., with intent to take, in- jure, &c., oeemed'a misde- Willftil destmction of trees. Tines, &c., and injury to build- ings, &c., connected therewith, a misde- meanor. Owners of orchards, &c., may arrest persons violating this act. FEUrr GROWEES, PEOTECTIOM' OF. SKCTioir 1985. Persona trespassing on domestic fruit-growing gToun4> with intent to take or injure any thing growing, guilty of misdemeanor. 1986. Any person destroying shrubbery.etc, is guilty of mis- demeanor. 1987. Persons owning or possessing fruit-growing ground authorized to arrest trespassers and bring them be-* fore a magistrate. 1988. Fines collected under this act to go, half to the over- seer of the poor and half to the owner of the ground, § 1985. Any person who shall at any time enter upon any orchard, fruit garden, vineyard or any field or incl6sure -wherein is cultivated any domestic fruit what- ever, and which is kept for such purpose, without the consent of the owner or occupant thereof being pre- viously had and obtained, and with intent to take, or destroy, or injure any thing there growing, shall bo deemed guilty of a misdemeanor, and on conviction thereof shall be punished as in such cases provided by law. § 1, ch. 645,» 1868. § 1986. Any person who shall willfully cut down, de- stroy, or in any way injure any tree, shrub or vine within any inclosure or field wherein is cultivated any domestic fruit whatever, and whicli is kept for such pur- pose, or shall injure any building, trellis, framewoi'k, or any appurtenance belonging to or upon any such field or inclosure, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished as is in such case provided by law. § 2, same ch. § 1987. It shall be lawful for the owner of any orchard, fruit garden, vineyard or any field or inclosure wherein is cultivated any domestic fruit whatever, or for any per- son employed in the cultivation of or rightfully in the possession of any such field or inclosure, to arrest and •An act to jirovide for the more effectnal protectlan of (hiit growers against trespassers. Passed May 6, 1S68; tbree-flfths being present. MISCELLANEOUS. 617 detain in custody, and convey before any magistrate of the county wherein^ such arrest is made, any person who may be found violating any or either of the provisions of this act. § 3, ch. 645, 1868. § 1988. All fines imposed Under the provisions of this Fines for act, when collected, shall be paid, one-half to the owner of ttepoor. of the field or inclosure wherein the offense was com- mitted, and one-half to the overseer of the poor for the use of the poor of the county in which conviction is had, impriBon- and on non-payment of any such fine^ the defendant shall nonw-' be committed to the common jail of the county for a mem of period of not less than thirty days and at the rate of two days for each dollar of the amount of the said fine, and costs in addition thereto. § 4, same ch. ARTICLE TWO. EBLATIKG TO ANIMALS EUNlTIlirG AX LAEGB LN THE PtTBLIO HIGHWAYS. Sbotion 1989. Certain animals prohibited from running at Idrge or being herded or pastured in public streets, high- ways or parks. Penalties under this act, and how may be recovered. 1990. When animals may be seized, and by whom. 1991. Duty of the person making such seizure, complaint, sum- mons, serving, summons, hearing complaint ; when sale of animals seized to be inade ,- costs in such pro- ceedings ; penalties to go to the overseers of the poor or officer or board having charge of the pooi ; when surplus of proceeds of the sale to go to benefit of the poor. 1992. When and how, and under what conditions, owner may recover possession of animal seized. 1993. Penalty for person not owner, vrithout authority, set- ting animal at large. 1994. When appeals may be taken .to county court, and within what time such appeal may be taken. 1995. When person making seizure fails to make out a case judgment to be rendered against him, etc. 1996. Inconsistent acts repealed. 1997. Limitation of actions under chapter 459, 1863. 1998. When chapter 814, 1867, to take effect. § 1989." It shall not be lawful for any cattle, horses, seiznroot sheep, swine or goats to run at large, Or to be herded or ron"ng pastured in any public street, park, place or highway in ll^^^f-„ « For special acts relating to animals running at large npon public highways In Westchester connty, see ch. 447, 1857, ch SSS, 1867, and ch. 920, 1867. 78 618 RELIEF OP THE POOR. pastured in nigliway. Penaltieei for viola- tions ol act. How re- covered. Seizure of cattle ron- ning at lari;e. 35 N. Y. 302; 47 Barb. 663; 44 Barb. 472 ; 64 Barb. 666; 38 How. 136. Proceed- ings after Pomplalnt. Snmmons, Service of snmmons. Posting of sammouB. tliis state ; and it shall be the dnty of every overseer of highways within his district, and of every street commis- sioner m any incorporated village, to seize and to take into his possession, and keep, until disposed of according to law, any animal so found running at large, or being herded or pastured, and any person suflfering or permit- ting any animal to so run at large, or be herded or pas- tured in violation of this section, shall forfeit a penalty of five dollars for every horse, swine or cattle, and one dollar for every sheep or goat so found, to be recovered by civil action by any inhabitant of the town, in his own name, or in the name of the overseer of the poor of the town, or by the proceedings hereinafter provided. § 1, ch. 459, 1862, as amended bv § 1, ch. 814, 1867, and by § 1, ch. 424, 1869. § 1990. It shall be lawful for any person to seize and take into his custody, and retain till disposed of, as re- quired by law, any animal which may be in any public highway and opposite to land owned or occupied by hini, contrary to the provisions of the foregoing section, or of any animal which may be trespassing upon premises owned or occupied by him. § 2, ch. 459, 1862, as amended by § 2, ch. 814, 186T. § 1991. Whenever any such person, or any officer, shall seize and take into his possession any animal under the authority of the preceding sections, it shall be the duty of such person or officer to make immediate complaint in writing, under oath, stating the facts, to a justice of the peace of the town in which such seizure occurred ; and such justice shall thereupon have jurisdiction to hear and determine such matter, and shall thereupon proceed in the same manner as in civil actions, except as specially changed in this act, and shall forthwith issue a summons, under his hand, stating the fact of such seizure and com- plaint, and requiring tne owner of such animal, or any party having an interest in the same, to show cause before snch justice, at a time and place to be specified in said summons, why said animal should not be sold and the proceeds applied as directed by this act ; such time shall not be less than ten nor more than twenty days from the issuing of such summons. The said summons may be served by any constable of the said town, or by any elecj- tor thereof authorized so to do by the said justice, in writing thereon ; such service sliall be made by posting the same in at least six public and conspicuous places in said town, and one of said places shall be the nearest dis- trict school-house, unless the said seizure shall have been made within the bounds of an incorporated village, hav- ing the schools in charge of a board of education, and in MISCELLANEOUS. 6J9 such case cne o^ such notices shall be posted in one of Hearing of the baildinffs in which suca schools are taught. , At the ^"'p'""'- time and place appointed for the return of said summons, the complainant aforesaid may appear, and any party or person owning or having an interest in said animal, or his agent duly authorized, shall be allowed by the said just- ice to appear in said proceeding ; and on his filing with said justice an answer under oath, subscribed by him or his agent aforesaid, denying any or all the facts alleged in said com- plaint, an issue shall be deemed joined in the said pro- ceeding, and the subsequent proceedings shall be as in civil actions, so far as they can be, unless otherwise pro- vided in this act. If no one shall appear to show cause, when sale and the said summons shall be returned by a constable tobeiMde; duly served, or by proof showing that fact, if served iSod?.'' by any person other than a constable, or if tiie jury or the justice shall find, after a trial, that no suffi- cient cause is shown why such sale should not be made as directed by this act, then the said justice shall issue his warrant, under his hand, directed to any constable of the said town, commanding him to sell the said animal at public auction for the best price he can obtain therefor, and make return thereof to the s3id justice, at a time and place therein specified, not lesei , than ten nor more than twenty days thereafter. The said sale shall be made on the like notice as on constable's sale on civil process ; and the said constable shall make return as required by the said warrant, and pay the proceeds of said sale to said justice, The said justice shall ■ thereupon adjudge the coBt». costs of said proceedings, the same amounts being allowed as in civil actions ; and in addition he shall allow to the party or officer making such seizure, for every horse or colt, one dollar ; for every cow, calf or other cattle, each fifty cents, and for every goat, sheep or swine, twenty-five cents, together with tJie actual damages sustained by such party by reason of the trespass or breaking of such animal into his premises, and a reasonable compensation to such person or officer, to be estimated by such justice, for the care and keeping of such animals, from the time of the seizure thereof to the sale ; and the said justice Feea. shall be allowed the sum of one dollar for each animal so sold ; and the constable the same fees as for service of a summons and execution in civil actions. And the pen- '^°j^u"t alty in the foregoing sections prescribed shall be paid to be pail, the overseers of the poor or the officer or board hav- ing the support of the poor in charge. If, after pay- ^°rjS°f„ ing the sums aforesaid, there shall be any surplus of the be paid, proceeds of said sale, the said justice shall pay the same | to the owner or party establishing before him on the re- I 620 RELIEF OF THE POOR. Within time owner mu^t demand enrplas and when Bame to be paid to poor offices. When owner is entitled to animal before hear- ing. When owner is entitled to animal after hearing and before sale. Penalty, Ac., when animal has been set at large by person not tbo owner. turn of said summons, or at such other time as he shall appoint, the right to the same. If no person shall claim said surplus within one year after such seizure, the said justice shall pay the same to the overseers of the poor of such town, or the oiBcer or board aforesaid, for the benefit of the poor thereof. If such owner or party interested shall not appear and demand such surplus within said year, he shall be forever precluded from recovering any part of such moneys, and the receipt of the overseers of the poor of said town, or officer or board aforesaid, giv6n at any time after the expiration of said year, shall be a full discharge to said justice for the same. § 3, ch. 459, 1862, as amended by ch. 814, 1867. § 1992. Any owner of any animal which shall have been seized under and pursuant to the foregoing provis- ions may, at any time before the justice aforesaid shall proceed to the hearing on the return of said summons, demand, and shall be entitled to, the possession of such animal, upon the payment to said justice of the several sums hereinbefore required to be paid to the said justice and constable and to the person or officer by whom the seizure aforesaid shall have been made, and' the penalty aforesaid, when such seizure is made by any officer, together with a reasonable compensation to the person or officer making such seizure, for the care and keeping of such animal, to be ascertained and fixed by such justice, and npon making to such justice satisfactory proof of ownership ; and if such owner shall not have appeared upon said return day and shall excuse such non-appearance to the satisfaction of said justice, and shall make such demand at least three days before the time appointed for such sale, he shall be entitled to the custody and posses- sion of such animal, upon paying one-half of the several sums above stated, together with the whole amount of penalty, compensation and damaged which the said justice shall then adjust and award. § 4, same ch., as amended. § 1993. In case the animal so seized under the forego- ing provisions of this act shall have been so running at large or trespassing, or been herded or pastured by the willful act of any other person than the owner, to efiect that object, such owner shall be entitled to the possession of such animal, at any time before the actual hearing shall be commenced on the return of said summons, oij making the demand therefor, and the proof required in the next preceding section, and on paying to such person or officer making such seizure the amount of compensation fixed by such justice, for the care and keeping of such animal, and without paying any other charges ; and the person committing such willful act shall be liable to penalty of MISCELLAKEOUS. 621 twenty dollars, to be recovered in an action at law, at the suit of the owner of such animal, or the person or officer lilaking such seizure. § 5, ch. 459, 1862, as amended by § 5, ch. 814, 1867, and by § 2, ch. 424, 1869. , ,j§il994. An appeal may bfe taken by either party who Appeal to shall have appeared, and contested in, said proceeding court?""''' before such justice, to the county court ; and all laws re- lating to appeals from judgiiients of justices' courts, and the jurisdiction, powers and duties of county courts to hear and determine such appeals, and the proceedings therein, shall be applicable to said appeals, so far as the same can be applied and are consistent with this act. Such appeal can only be taken from the finding or deter- whit toe rain ation . that cause exists or does not exist for the sale ^^en'&c" aforesaid, and must be taken within ten days after such finding or determination ; and such appeal when made by ■ a claimant shall not be effectual for any purpose unless the undertaking required on appeals to the county court contains a clause that in case the finding or determina- tion shall be affirmed, the claimant will pay all such sums as the said justice shall determine and adjudge for the costs, penalties and allowances so as aforesaid authorized to be made. In case of an affirmance by the. county court, said court shall appoint a time and place when said justice shall adjust the same, and such adjustment shall be made in the manner and for the sums hereinbefore specified. In case such undertaking is given and ap- proved by the said justice, he shall forthwith direct the said sale n,ot to be had, and shall order the said animal to be delivei'ed to the appellant, if it shall appear to him that he is the owner, or entitled to the possession there- of. § 6, eh. 459, 1862, as added by § 6, ch. 814, 1867. § 1995. In case any person mating such seizure shall ^^™P^^'^ fail on said- hearing to show cause sufficient to obtain topaycosu such sale, the said justice shall render judgment against agee."™' him for costs. And if the jury or said justice shall find from the evidence that such seizure was malicious and withoiit probable cause, the jiiry or the justice may assess the amount of damages sustained by the owner, by means of such seizure, and judgment shall in sUch case be, given for double the amount assessed, with costs. § 7, ch. 459, 1862, as added by § 6, ch. 814, 1867. • § 1996. All acts or parts of acts inconsistent herewith i°«°^|*'*- are hereby repealed. § 8, ch. 459, 1862, as amended by *° "' °" § 8, ch. 814, 1867. . § 1997. Actions, for any cause of action arising out of S™'^/**- any proceeding had or taken, or attempted to be had or actions, taken, under the provisions of said act [chapter 459, 1862], entitled "An act to prevent animals from running 622' RELffiP THE POOR. at large in the public highways," passed April twenty- thirdj eighteen hundred and sixty-two, can only be com- menced within one year after tno cause of action shall have accrued. § 7, ch. 814, 1867. Act, when § 1998. This act shall take effect immediately, but effect." shall not affect actions now pending. § 9, same ch. ARTICLE THREE. GAME LAWS. SacnoK 1999. Killing or pursuing of deer and moose regulated. 2000. Killing of fawn and rabbits, when prohibited. 2001. Wild pigeons, when and how far protected. 2002. Belating to wild ducks and geese, and the hunting and killing them. 2003. Penalties for violating provisions of act ; duties of sher- iffs and others to see that said provisions are en- forced. 2004. Killing and trapping eagles, fish-hawks, whippoorwills and certain other birds, when prohibited ; penalties. 2005. Prairie fowl, when not to be killed ; penalty for killing. 2006. The killing and exposing for sale of woodcock, par- tridges, etc., when prohibited. .3007. Partridges and quails in Kings, Queens, Suffolk and Richmond counties. 2008. Quail and ruffed grouse not to be trapped or snared ; penalty. 2009. Sunday shooting, hunting and trapping, and penalties therefor. 2010. Wild geese, ducks and brant in Kings, Queens and Su|- folk counties, the killing of, regulated ; penalties, etc. , 2011, 2012. Hunters and fishermen, when and how prohibited from trespassing on private grounds. 2018. Penalty for drugging or poisoning fish. 2014. Persons having dams, when to erect or provide sluice- ways for fish. 2015. Trout, when and how to be caught ; certain exceptions as to Kings, Qneens and Suffolk counties. 2016. Sale of brook trout taken from private fish ponds, etc. 2017. Salmon and lake trout, when not to be taken or had in possession ; exception as to those of the Otsego lake waters. 2018. Bass and muscallonge, when not to be taken. 2019. Certain fish, net and traps not to be used, and others not to be inj ured. 2020. Penalty for exposing certain fish for sale. 2021. Fish in Jamaica bay and Haunce's creek, penalties for taking and how recovered. ' GAME LAWS. 623 SbCTi01i2()22. Penalties under this act, how recovered ; half collected . tj go to overseers of the poor and half to the prose- cutor. 2p83. troof of the impoHation of game, when may be inter- posed, btc : ' ■ 2034. Proof by express coijipanies in certain eases. 2025. Fish of certain waters not un'der this act prohibited from bein^ taken. 2026. Pish in certain other waters during the month of Sep- tember. 2027. Use of nets in certain Waters of Pulton county pro- hibited. 2028. Such use, when deemed to be a misdemeanor and pen- alty therefor. 2029. Incodsistent acts repealed. 2035. When act to take effect. 2031. Commission of fi^heriea established. 2032. Duties of commissioners. 2033. Additional duties of conimissioners. 2034. Commissioners, who to be ; expebsea of commission. 2035. Vacahcies in ofece of commissioners, how to be supplied; commissioniers' term of oflBce extended ; appropriation and duty of state treasurer and comptroller in respect thereto. 2036. Shad fishing in the Hudson river, when prohibited, and penalties for violating the law in respect thereto, 2037. Fishing by certain pound, weir or set nets, when pro- hibited, and penalties fot Violating Ae law in re- spect thereto. 2038. Penalties imposed under any of the provisions of chapter 567, 1870, how, to be recovered. 2039. Commissioners' duty when any pound, weir or net is liable to be confiscated under the act ; how such lia- bility to confiscation may be contested. 2040. Certain fish-ways id state dams in Hudson river to be constructed and maintained ; such construction to be Under the fish conimissioners ; appropriation. § 1999. No person shall kill, or pursue with intent Kiiiinirof to kill, in the counties of Kings, Queens or Suffolk, "ud'leOT' any moose or wild deer, at any time within five years o" ^°''b after the passage of this act, and in the residue of Eetldae of the state only during the months, of August, from the "^° »'»'«• fifteenth day thereof, September, October, November," December, or shall expose for sale, or have in his or her possession, any green moose or deer skin, or fresh venisoti, save only in the months aforesaid, and to the tenth • of ^^^ ^^ ^ January. The hunting of deer with dogs is hereby pro- hnntedwith hibited. § 1; oh. 909, • 1869. '< ^''^- * An ."let to amend an act entitled "An ac!t to amend and con?olidate the several acts relating to the preservation of moose, wild deer, birds and fresh water-fish," passed May ninth, eighteen hiindred and siity-eight. Passed May, 18, 188B ; three- firths being present. 624 RELIEF OF THE POOR. wild fcwns. Gray rab- bitB. Wild pigeons.; protection in nesting gronnds. Dncla not to be killed daring certain periods. Use of swivel eans prohibited. Wild geese, wild ibwl, &c. Penalty for for viola- tiOD. Killing or trapping of eagles, hawlt^j song birds, &c. Bobins, black birds, meadow larks, &c. Bobbing nests of wild birds. Ornitholo- gists pro- tected. § 2000. No person shall at any time kill any wild fawn during the periods when such fawn'is in ite spotted coat, or kill, expose for sale,, or have at any time in his or her possession, any gray rabbit, from the first of January to the first of November. § 2, ch. 909, 1869. § 2001. 'No person shall Mil, catch, or discharge any fire-arm at any wild pigeon, while in any nesting ground, or break up, or in any manner disturb, such nesting ground or the nests or birds therein, or discharge any fire-arm at any distance within one-fourth mile of such nesting place at such pigeon. § 3, same ch. § 2002. No person shall kill or expose for sale, or have in his possession after the same is killed, any wood duck (sometimes called summer duck), dusky duck (commonly called black duck), mallard or teal duck, between the first day of February and the fifteenth day of August, in each year, except on the waters of Long Island sound or the Atlantic Ocean. No person shall at any time kill any wild duck, goose or other wild fowl, with or by means of the device or instrument known as the swivel or punt gun, or with or by means of any gun or other than such guns as are habitually raised at arm's length, and fired from the shoulder, or shall use any such device or instrument or gun, other than such gun as aforesaid, ■with inteut«to kill any such duck, godse or other wild fowl. No person shall in any manner kill, or molest with intent to kill, any wild ducks^ geese or other wild fowl, ■while the same are sitting at night upon their resting places. § 4, same ch. § 2003. Any person violating the foregoing provisions of this act shall be deemed guilty of a misdemeanor, and shall likewise be liable to a penalty ■. of fifty dollars for each offense ; and it shall be the duty of all sheriffs, con- stables and other police ofiicers to see that these provis- ions are enforced. § 5, same ch, § 2004. No person shall, at any time, -within this State, kill or trap, or expose for sale, or have in his possession after the same is killed, any eagle, fish hawk, night hawk, ■whippoorwill, finch, sparrow, yellow bird, wren, martin, swallow, tonagar, oriole, bobolink, or any other song bird ; or kill, trap or expose for sale any robin, brown thresher, woodpecker, black bird, meadow lark, or star- ling, save during the months of .August, September, Oc- tober, November and December ; or destroy or rob the nests of any wild birds whatever, under a penalty of five dollars for each bird so killed, trapped or exposed for sale, and for each nest destroyed or robbed. This section shall not apply to any person who shall kill or trap any bird for the purpose of studying its habits or history, or hav- q,AME LAWS. 625 ing the same stuffed or sot np as a specimen, nor to any person who sliall kill on his own premises any robins Protection during the period wlien summer fruits or grapes are grapeif"" ripening, provided such robin is killed in the act of des- troying such fruits or grapes. § 6, ch. 909, 1869. § 2005. No person shall, at any time within ten years Prairie from the passage of this act, kill any pinnated grouse, '''^^' commonly called the prairie fowl, unless upon grounds owned by them, and grouse placed thereon by said own ers, under a penalty of ten dollars for each bird so killed. § 7, same ch. § 2006. No person shall kill, or have in his or her pos- woodcock, session, except alive, for the purpose of preserving the ?rid^eB'and same alive through the winter, or expose for sale any JJickcM woodcock, between the first day of January and tlie fourth day of July, or any quail, sometimes called Vir- ginia partridge, bet\Yeen the ni-st day of January and the twentieth day of October, or any ruffed grouse, com- monly called partridge, betweeg the first day of January and the first day of September, or have in his possession any pinnated grouse, comnionly called prairie chicken, or expose the same for sale, between the lii'st day of Febru- ary and the fu'st day of July, under a penalty of ten dollars for each bird so killed or had in possession, or ex- posed for sale. § 8, same ch. § 2007. No person shall kill, or pursue with intent to kill, Kiiung of in the counties of Kings, Qneens, Suffolk and Richmond, SS? qufu' any ruffed grouse, commonly called partridge, or any °"a^gjjpe„ Virginia partridge, commonly called quail, at any time isiauds.' witliin two years after the passage of, this act; except pjoyjjo such person has stocked with game birds any of the lands to gan lying therein, and they only under such restrictions as are contained in the various sections of this act. § 9, same ch. § 2008. ^o person shall, at any time or at any place Q"*" <>' within this State, with any trap or snare, talje a,ny quail grouse not or ruffed grouse, under a penalty of five dollara for each ^luf tSps° quail or grouse so trapped or snared. § 10, same ch. § 2009. There shall be no shooting, hunting or trapping shooting, on the first day of the week, called Sunday ; and any &"°'pr|'. person violating the provisions of this section shall be gjioj^*"" liable to a penalty of not more than twenty-five nor less penalty for than ten dollars for each offense, or imprisonment for violation, not more than twenty nor less than five days. § 11, same ch. § 2010. In the counties of Kings, Queens and Suftolk, Kiiungof or on the waters adja'cent to the same, no person shall duckrand' kill, or have in his or her . possession after the same is j;'''°J,^''^'' killed, any wild goose, brant, wood duck, dusky duck aW^Lona (commonly called black duck), mallard, widgepn, teal, ' ",', 79 as ;ame 626 RELIEF OF THE POOR. Sboottn;; from ve«- pcl9 And battertcB prohibited. ProTleo 09 to use of flodte on Letts: IB- lAnd Sonnd. Penalties. Trespass npon lands for t>h(>ot- Injf or flsh- in<;, when proliibitcd. Penalty and forfeltarc. Owners of )nnd» to jjtiblish notice, and put nn »\gn buards fur* bidding trespass. FlaclnR of lime and drugs in lakes, ponds and fresh water strt-ams probibitcd. Penalty. 8helldrake, broadbill, coot or old sqiia-vr, between tlio tenth day of June and tiic twontietli daj' of October iu eacb year; and no person shall kill or shoot at any .wild goose, brant or duck after sunset and before daylight on anj' day of the J'ear; and no person shall sail for -wild fowl or shoot at any wild goose, brant or duck from any vessel propelled by steam or sail, or from any boat at- tached to the same; and no person shall use any floating battery or machine for the pmiiose of killing wild fowl, or shoot out of such floating niachiue at any wild goose, brant or duck. But nothing herein contained shall pro- hibit the use of floats or batteries in Long Island Sound. Any person violating any of the provisions of this sec- tion shall be liable to a jienalty of fifty dollars for each offense. § 12, eh. 909, 1S69. § 2011. Any person trespassing npon lands owned or occnpied by another, for the purpose of shooting, hunting or fishing thereon, after public notice by such owner or occupant as provided in the following section, shall bo deemed guilty of trespass, and shall be liable to sncli owner or occupant in exemplary damages for each offense, not exceeding twentj-'five dollars, and shall also be liable to the owner or occujiant for the value of the game killed or taken. § 13, same cli. § 2012. The notice reierred to in the preceding section shall be given by publishing an advertisement particularly describing such land and forbidding such trespass, in the oflicinl papers of the county, or a paper published in the town where such lands arc situated, for the period of three weeks, and in the months of April or May in each j-ear, by sign-boards at least one loot square, to be put up and maintained in not less than two conspicuous ])lace8 on the premises; snch notices to be signed by, or have appended thereto the name of, the owner or occupant. § 14, same ch. § 2013. No person shall jjlace in any fresli water stream, lake or pond, without the consent of the owner, or in shore waters and estuaries with rivers debouching into them, any lime or other deleterious substances, with the intent to injure fish ; or any drug or medicated bait, with intent thereby to poison or catch lisli ; nor place in any jwud or lake stocked with or inhabited by trout or black bass, any drug or other deleterious substance, with intent to destroy such trout or bass ; nor ])laco in any fresh water pond or stream stocked with brook trout, any pike, pickerel, black bass or rock lass, or other piscivor- ous fish (salmon excepted), without the consent of the owner or owners of the lands upon which such pond or stream is situated. Any person virilating the provisions GAME LAWS. 627 of this section shall be deemed guilty of a misdemeanor, and shall, in addition tiiereto, and in addition to any damage he may have done, be liable to a penalty of one hundred dollars. § 15, ch. 909, 1869. § 2014. Every person bnildins or maintainini* a dam constmc- npon any of the flnvial Avaters of'this State, which dam is damffipon higher than two feet, shall likewise build and maintain, flijj^^.^ during the months of March, April, May, September, suuceways October and November, for the purpose of the passage of sJijawage' fish, a sluiceway in the mid channel, at least one foot in o'"8'>- depth at the edge of tlie dam, and of proper width, and placed at an angle of not more than thirty degrees, and extending entirety to the running water below the dam, which sluice shall be protected on each side by an apron at least one foot in height to confine the water therein. § 16, saniech. § 2015. No person shall at any time, with intent so to specwea do, catch any speckled brook trout or any speckled river river trout trout, with any device save only witli a hook and line; cSStwith and no person shall catch any such trout, or have any '!""''•'"* ,,',.,. , ■'. i-i. ,■' line only. such trout 111 his or Jier possession, save only during the and during months of April. May, June, July and August, under a month" penalty of five dollars for each trout so caught or had in ""'y- his possession ; but this section shall not prevent any person ProvUo as or corporation from catching trout in waters owned by troni'pouda them or upon their premises to stock other waters, in any manner or at any time. But the connties of Kings, Provi«oa» Queens and Suffolk shall be excepted from the provisions fand?"^ ^*' of the above section, so far as to allow the taking or catching of trout in the counties last named during the month of March. § 17, same ch. §2016. Any person or persons or company engaged in sale of ,, " . iiA , , f , ..'^ • 1 "^ /I brook tront tiie increase oi brook trout by artmcial process (known as by persons fish culture), may take from their own ponds, in any way, fla|f,Iitaro. and cause to be transported, and may sell, brook trout and the spawn of brook tront at any time, and common car- J^'j^^^'g^ riers may transport and dealers sell them, on condition transported that the packages thereof so transported are accompanied by a certificate of a jn^tice of the peace, certifying that such trout are sent ty the owner or owners or agent of parties so engaged in fish culture. And sucli persons or Takin-of company may take, in any way and at any time, upon the foTartiflciai premises of any person, under permission of tlie owner ^1^°^^^ thereof, brook trout to bo kept and used as brook tront for artificial propagation only, and for no other purpose. § 18, ch. 909, 1869. § 2017. No person shall take or have in possession any ^„^^',°|°J salmon or lake trout in the months of November, De- lako trout oember, January and February, under a penalty of five 628 HELIEF OF THE POOR. Otsego lake ex- cepted. Oswego bass or mnekal- lODge. ■faking of black bass in lake Mabopac. Prohibition or nets, traps, weirs, pots, (•pears, Ac, how to «P[)ly. Pishing in Flashing Day ana certain lakes. Penalties. Certain fish excepted from above provisions. Protection i,i, Hempstead bay, any fish known as sheep's head, under a jjeu. pro- penalty of twenty dollars, or imprisonment not less than Ponnfties. ten days, for each sheep's head so taken with a seine or net. Suits for the recovery of the penalties incurred for a violation of this section may be brought before any jus- tice of the peace whose jurisdiction extends to the shores of said Jamaica bay. § 23, same ch. § 2022. All penalties imposed under the provisions of unSS'this this act may be recovered with cost of suit, bv any per- act, how •^ ■ 1 . .1 • 1 J? • recovered. son or persons in Ins or tlieir own names, betore anj"^ jus- tice of the peace in the county where the offense was committed or where the defendant resides ; or when such ^its shall be brought in the city of New York, before mxew any justice of any of the district courts or of the marine ''''"'* '^"J'- court of said city ; or such penalties may be recovered in an action in the Supreme Court of this state, by any ^ow"""' persons or persons, in his or their own names, which ac- brought in tion shall be governed by the same rules as other actions court."* in said Supreme Court, except that on a recovery by the plaintifi^ or plaintift's in such suit in said court of less than fifty dollars, the plaintiif shall be entitled to costs not exceeding the amount of such recovery ; and any dis- trict court judge, justice of the peace, police or other magistrate, is authorized upon receiving sufiicient secnr- issue of .. '?■ 1 /• 1 1 . i 1 IE • i. warrants ity tor costs on the part ot the complainant, and suincient againft' proof, by afiidavit, of the violation of the provisions of Sent'and this act by any person being temporarily within his juris- ^^^g°°™ diction, but not residing therein, or by any person whose name and residence are unknown, to issue his warrant and have such ofiender committed or held to bail to an- swer the charge against him ; and any district court judge, ^Js^'j^"' justice of the peace, police or other magistrate, may, upon proof oi" probable cause to believe in the conceal- ment of any game or fish mentioned in this act, during any of the prohibited ueriods, issue his search warrant and cause search to be made in any house, market, boat, car or other building, and for tli^at end may cause any apartment, chest, box, locker or crate to be broken open ^^^^j^^^ and the contents examined. Any penalties, when col- recovered, leeted, shall be paid by the court' before- which recovery ^l^^^'^^ shall be had, one-half to the overseers of the poor, for the 630 RELIEF OF THE POOR. Imprleon- njent for non-pfly- •mont there- or. Jnrledlc- tion »f cnnrts of ppnciai PBB- fions nnd Justices of (he peace. Proof of the Impor- tation of game or kilOn^ during au- thorized perlodti, allowed. Exception, as prairie chickenp, ])artrldge8, venigion and (uail. Proof by express cjinpanics as to pu8- se»tiion of inhibit>-.^'', ICCS. SSSg^''"'' § 2044. It shall be the duty of the prcsidina; judge of ihlfi^'" every court of sessions or oyer and terminer witliin this grao'djary state", especially to charge the grand jury, at eacii term under thu ^^. ^^.^ gourt, to take notice of all offenses cominittfed in violation of any of the provisions of this act. § 4, same ch. ^ When «t § 2045. This act shall take effect on the first day of effect.* " July, eighteen hundred and sixty-eight. § 5, same di. CHAP. LXXVI. FORMS. Sbction 2046. Poor relative ; application to compel support of. 2047. Nbtlce upon such application. 2048. Proof of service of such notice and application. 2049. Abscondin(r father, husband or mother, warrant to seize goods of< 2050. Return upon such warrant. 2051. Bond of such absconding father, etc. 2053. Order to discharge warrant and restore property. 2033. Bond, official, of superintendent of the poor. 2054. Bond, official, of overseer of the poor. 2055. Pauper in one town having settlement in another town, notice of overseers of towns in which pauper is in to overseers of the other town. 2056. Settlement of such pauper; notice to contest. 2037. Subpoena in such a case. 2038. Decision of superintendent respecting such settlement. 2039. Pauper sent to county poor-house ; notice by superintendent that such pauper will be supported at the expense of the town in which lie has a legal settlement. 2060. Decision of superintendent after re-examining settlement of pauper on application of overseers. 2061. County pauper ; certificate of superintendent that a person is, on application of overseers. 2063. Settlement of pauper ; notice by superintendent to overseers, of hearing to affirm or annul such certificate. 2063. Decision of superintendents annulling certificate. 2064. Decision as to refusal of superintendent to give certificate. 2085. Removal to county poor-house ; order for, by overseer. 2066. Expenses respecting such removal ; certificate thereof by poor-house keeper, and order on treasurer therefor. 2067. Expenses incurred previous to such removal; order by superintend- ents on treasurer to pay overseer. 206§. Temporary relief ; superintendent's order sanctioning expense for. 2069. Temporary relief; overseer's order for. FORMS. 637 Section 2070. Report of overseer respecting such relief. 2071. Relief 6f pauper in county where no place for poor is provided overseer's order for. 2072. County pauper ; notice by overseers to superintendent respecting. 2073. Improper removal of pauper ; notice of, by superintendents of one county to superintendents of another county. 2074. Denial of such removal ; notice of. 2075. Report of overseers to county superintendent. 2076. Report, annual, by superintendent to secretary of state. 2077. Special report. 2078. Report of supervisor of town to clerk of board of supervison. 2079. Account by overseer to be kept 2080. Vagrant, complaint against. 2081. Warrant against. 2083. Record of conviction of. 2083. Commitment of. 2084^ Child found begging ; warrant to commit. 2085. Poor children ; indentures for. 2086. Bond of master. 2037. Lunatic in indigent circumstances ; application in behalf of, to county judge. 2088. Judge's order thereon. 2089. Subpoena to witnesses in matter of such application. 2090. Physician's certificate and affidavit in respect to the alleged lunacy. 2091. County judge's certificate in respect to such lunacy. 2093. Authentication by county clerk of said judge's certificate. 20D3. Lunatic; order of justices to send to State Lunatic Asylum. 2094. Certificate of county clerk on such order. 2095. Lunatic pauper, order of superintendents or overseers to send to state asylum. 2096. Lunatic who is a private patient in asylun); agreement respecting. 2097. Certificate as to responsibility of the parties signing such agree- ment. 2098. Drunkard ; designation of, and notice thereon, 2099. Notice to overseers, of contest, and call for jury. 2100. Venire in case of proceedings against drunkard. 2101. Subpoena in such case. 2102. Juror's oath in such case. 2103. Oath to witness iu such case. 2104. E.'cecution against drunkard. 2105. Execution against overseers. 2105^. Revocations by overseers of notice against drankard. 2106. Disorderly person ; complaint against, and recognizance of. 2107. Discharge of such person. 2108. Jailer's report relative to disorderly persons. 2109. Bastardy proceeding ; application In, by superintendent or Ove^ seer, before birth of child. 2110. Pregnancy ; affidavit of. 2111. Warrant against reputed father prior to birth of child. 2112. Birth of bastard child ; affidavit of, by mother. ' 2113. Warrant against the reputed father of such child. G38 RELIEF OF THE POOR. Section 2114. Indorsement to be made by justice issuing a \farrant o^nst a reputed father, when such reputed father resides in, or is in, another county. 2115. Indorsement to be made by a justice where such warrant is to be executed. 211C. Bond of putative father for his release, in case of his arrest in another county. 2117. Subpcena in Imstardy proceeding. 2118. Bond of putative father, on adjournment of proceeding. 2110. Order of filiation. 2120. Bond under such order. 2121. Warrant of commitment of putative father, on his neglect or refusal to execute bond. 2132. Filiation in the absence of the reputed father, who was appre- hended in anotlier county ; order of. 2123. Warrant of commitment of the mother who refuses to disclose name of the father. 2124. SummoQS against the mother who has property. 2125. Support of tlxe child ; order compelling the mother to pay for. 2135^. Warrant of commitment of the mother for not executing the bond. 212G. Process to compel attendance of the mother before the justices. 2127. Absconding father or mother of bastard; warrant to seize prop. erty of. 2128. Order reducing sum to bo paid by the father or mother. 2129. Notice of application to court of sessions to increase the amount payable in order of filiation. 2130. Notice of application to reduce such amount. 2131. Appeal ; notice of, from order of filiation. 2133. Release or compromise in bastardy case. 8133. Spl rituous liquors ; tavern keepers, etc.,application for license to sell. 8134. Petition of freeholders on such application. 8135. Bond for such tavern keeper. 813G. Acknowledgment of such bond. 8137. Justification of sureties to such bond. 8138. Approval by commissioners, of sureties, etc. 8139. Tavern keeper's license. 2140. Storpkceper ; application by, for licenso. 2141. Bond on such applicatioa 2142. License to such storekeeper. 2143. Ale and beer ; application for license to sell. 8144. License to sell alo and beer. 2145. Emigfant pauper ; affidavit of. 8140. Emigration, commissioners of; bill or account of city, town or county against, for expenses for support of emigrant paupers. 2147. Affidavit verifying such bill or account. 2148. Kings county ; person threatening to abandon, etc., wlfo and chil- dren in, order against. 2149-3151. Kings county ; proceedings against lunatics in. 2152. Inebriiftes' home for Kings county ; certificate of trustees for tram- fer of prisoners to such home. 2153. Certificate of president of such homo for such transfer. 2154. Patient ; certificate in tcsiiect to, on admission to Inobriatos' Homa. B*^ORliIS. 63D § 2046. Poor relative — Application to compel the support of. ScGrt?i«e,§§l, 2, 19. To tlie court of sessions of the county of Tlio application of the undersigned , overseer of tiic poor of the town of [or county superintendent of the poor, as the case may be], in said county, respectfully represents, that , a poor person who is blind [or old, lame, impotent, or decrepit], so as to be unable, by work, to maintain himself [or herself], is in the town of ; that who resides at , in the said county, is the father [or mother or child of the said , as the case may be], and has failed, at his own charge, to relieve and maintain the said in a man- ner approved by tiie undersigned ; wherefore, pursuant to the Srovisions of title one, chapter twenty, part one of the Kevised tatntes of this state, the undersigned hereby applies for an order to compel the said , who is of sufficient ability, to relieve and maintain the said , in the manner to be in such order Bpccilied. ' Dated at , this day of , 18 . Overseer of the Poor of \pr Superintendent of the Poor\ % 2047. Notice to accompany the foregoing application. See ante, § 2. Take notice, that on the day .at o^3lock in the noon, or as soon thereafter as the application can be heard, the undersigned will apply to the court of sessions of tlie county of , at , for an order to compel the relief asked for in the foregoing application. Dated at , this day of , A. D., 18 . § 2048. Poo^ relative — Pivof of service of foregoing notice and op- ■ plication. County of ,«»..* ' , . , i , of the town of , in said county, bemg duly sworn, savs : that on the day of , he served a copy of the annexed notice and application personally [or by leaving the same at his 'last place of dwelling with a person of mature age], on the therein named Sworn before me, this ) ^ .dayjof ,18 ) 640 RELIEF OF THE POOR. § 2049. Absc(fiiding:fcUher, husband or mother — Warrant to seize goods of. See ante, §§ 8, 9, 10, 19. County of , ss. : Tq the overseers of the poor of the town of , in said connty. It appearing to us, two of the justices of the peace of said county, as well by the application and representation to us made by the said overseers, as upon due proof of the facts before us made, that A. B., late of said town, has absconded from his wife and children, leaving said wife and children chargeable [or likely to become chargeable] to the public for support ; and that said A. B. has some estate, real or personal, in said county, where- by the public may be wholly, or in part, indemnified against said charge: we therefore authorize you, the said overseers of the poor, to take and seize the goods, chattels, effects, things in action, and the lands and tenements of said A. B., wherever the same may be found in said county ; and you will, immediately upon such seizure, make an inventory of tlie property by you taKen, and return the same, together with your proceedings, to the next court of sessions of said county. Given under our hands, in the town of , this day of , 18 . ■n p'' [ Justices. § 2050. Return upon the foregoing. Connty of , ss. : To the court of sessions of said county : The undersigned, to whom the aimexed warrant is addressed, on the day of ,18 , in the county of , tlierein mentioned, seized, by virtue of the said warrant, tho property of which an inventory is hereunto annexed, and the pro- ceedings of tho undersigned, subsequent to the said seizure,. are as follows : {Here state particularly those proceedings']. All which is hei-ewith i-espectfully returned. Dated at , this day of , 18 A B 1 C D ' i ^^^''*^^''* tices of the town of fi^ y -■' *■ '' ' ) . i'- ' > Justices. A. Bl, ■' [il.s.1 CD., [t.8.] r:lVilCijl.'ile I 2062, Absconding father — Order to disohwrge the warrant against and to •, restore ^operty of. .. I Seeanire, § 11. , Copnigfof, ,.^s.; . , , ; __ T,6 jt^e overseers of^ the poor of the town of , m faid county : Whereas, by, ^ warrant to, you directed, .bearing date the . day of ' , 18 ^ , you were autjiorized to seize th^ goods, chattels, effects,, things m action, and the lands a,nd tene- ments of A. B., upon proof that he had absconded from his wife and children, leaving them chargeable to the public for support: And whereas, the said A. B^ has returned and now; supports his wife and children so abandoned [or, has given security .to the over: seers of the poor, satisfactory to us, that the wife and children shall not become chargeable either to said town or county], we dq there- fore hereby discharge th^ said,,w^rran1i isgne^ .^gainst the said, A. _B., 'and direct ^he property taken by yirt'ae thereof to be restored t9 him. tV'itness our hands at ' > this day of , 18 . k- -"p-' l Justioek of the peace. 81 642 RELIEF OF THE POOR. § 2053. Superintendents of thepobr — Bond of , See ante, §§ 29, 30. ■ Know all men by these presents : That we, A. B., 0. J)., and E. F., of , afe held and firmly bound unto the supervisors in the county of , state of ITew York, in the penal sam of doilara, to be paid to the said supervisors, for which pay- ment, well and truly to be made, we bind ourselves, our, and each of our, heirs, executors and administrators, jointly and severally, firmly by these presents. Sealed with our seals, and dated the ' day of ,A. D. 18 . Whereas, the above bonndcn A. B. has been duly elected to tbe office of county superintendent of the poor for the county of , aforesiaid, to serve for the term of three years from the first day of January, 18 : Now, therefore, the condition of tljis obligation is such that if t}ie s.aid A. B. shall faithfully execute the duties of his ot]^ce, and shall, pay, according to law, all moneys which shall come to his hands, as superintendent of the poor, and render a just and true account thereof to the board of supervisors, then the above obligation to be void ; else to remain in full force. Signed and sealed in j A. B. [l. s.^ presence of > C. D. [l. s.' A. H. ) E. F. [l. s.j The sureties in the above bond were duly approved by the board of supervisors this day of , 18 . D, M., Clerk of the Board. , § 2064. Overseer of the poor — Bond of. See ante, §§ 33, 34. Know all men by these presents ; That we, A. B., C. B., and E. F., of the town of , in the county of , and state of New York, are hereby jointly and severally held and firmly bound unto the snpervisor of the said town of , as such supervisor, in the sum of dollars, to be paid to the said supervisor, or his successor in office, for which payment, well and truly to be made, we, and each of us, hereby bind ourselves, our, and each of our, heirs, executors and administrators, jointly and severally, firmly by these presents. Sealed with our seals, and dated this day oi , in the year of our Lord one thousant eight hundred and seventy Whereas, the above named obligor A. B. has been elected [or appO|inted, as the case may oe] overseer of the poor in the town of , in the county of , to serve for the tAm of , from the day of ,18 : Now, therefore, the condition of this obligation is such, that if the said A. B. shall and vdll well and faithfully discharge the duties of his aforesaid office of o*6tseer of the poor, and pay, according to law, all morie^^whioli shall come into hk hands' as eiich overseer of the poor, thea the above obligation to be void- else to remain in full force ^nd virtne. ' i ' ' Signed, sealed and ) A. B. [l. s.l deliveiKd in the > 0. D. presence of ) E. F, L.tf.] 'l. s.] County of , ss. : The within bond is hereby approved of by me, the supervisor of the town of , in the said Qounty of , as such super- visor, this day of , A. D.'lS Gr.B.., Supirvisorofthefovbni^ § 2065. Paupep, support of — IfoUceffom one ioion to another (in a covmty. where the towns a/re liable to support their own poor), reguMng the o'Oer seers of the towri im, which thepavper has a residence to protidefor his support. . ' ' See OTife, § 66, sub. 4, and § 67. ,<; County of ,> ss. : To the overseers of the poor of the town of , in said county : You are iereby notified 1;{iat A. B., a pauper, who has gained a settlement in your town,-to which he belongs, is in tlie town of , in said county, and is supported at the expense of the said town of , for which the undersigned are over- seers. You are, therefore, required to provide for the relief apd support of the said pauper. Given under our hands at , this day of • , 18 . •■ ; ■' E. F., ) Overseers of the poor qf C. D;, j the town qf [This notice should be served on one of the overseers of tte poor of the town where the pauper belongs, If the overseers to whom the same is directed intend to contest the ajlegatioh of the settlement of such pauper, they must, within ten days after the service thereof, give notice to the overseers of the town where Bueh pauper may be, in the tbllowing form :] « /:' § 2056. See, ante, §67. ; Couoty of , ss.: " ' _ ' To the overseers of the poor of the town of , in said county: Please to take notice that the undersigned, overseers of the poor of the, town of , in said count;^, will appear be- fore the sujferinteniipnts of the poor of the said county, at the 644 RELIEF OP THE POOR. poorihouse [or other fplma^ as may he d^signated]^ on the , day of , at ten o'elock in the for^jaoon^ to con,test i\&, ailegecl settlement of A. B., a proper, as aetiforth in yourinoticei of the instant. i ^ ; Dated at , this day of , 18 . ; J. H., ) Oi)erseer8:cf,. the poor of I. J., J the town of Pav^per, '^Hew/ent.cf-^SiApoBna in case of dilute conoemmg. See ante, sub. 7, § 38. County of , as. : The people of the state of New Tork to C. D. greeting : You are hereby required, personally, to appear before the undersigned, super- intendents of the poor of the said coupty,,at the poor-house [or such other place as is d^igifiated in the notiee], on th& dayof ., , 18 , at ten o'clock in the forenoon, tp testify in. beh^Jf.pf the overseers of the poor of the town of , in said county, con- cerniug the alleged settlement of A. B., a pauper. Dated at ' , this day of ,18 . i Superintendents of the poor. § 2058. ■ Pa/upeh, setffement qf—Decisioh of superintendents concerninff. See ante, §§68, 69. • '^^ ' ,' ,' County of , as. : \ "" The undepsigned,. superintendents of the poor of said county, having convened as required :by the overseers of the poor of the towii of , in said county, pursuant to jtheir notice, pro- ceedM to hear and deterttiirie a controversy ■whicih had arisen between the said overseers and the overseers of thei td^ri of , in said county, concerning the 'settlement' of A. B., a pauper; and upon 'such hearing of the facts, the undersigned hereby decide, that the legal settlement of the said A. B., as such pauper is [or, is not] in the said town df . And the undersigned hereby award to the overseers of the poor of the town of , the prevailing party, the sum of dollars, costs of said proceeding, bytheni expefided. Given under our hands and seals at , this day of . ,18 . , [L. B,J 1 Superintendents of I^GRMS/ 645 § 2059. Pav^Sf; sent to the. comity, poor-house —Superintendents^ notice that swdprnperywiUJ/esSupporiedat ihe. expense of a town, in a county which supports its .own poor. See ante, § 70. County of , ss.: ' To tKe OTerseers of the poor of the town of in said connty : "'''■■• •- i-.' -^ ■,, , A pauper, having been sent to the poor-house, as a county paupfer, and the undersigned' superintendent of the poor of said coiihty having inqtiired intb the fact, and beiing of the opinion that the said pauper has' a legal' settlement in the town of in said county, pursuant tp the prbvisions of section 35, title 1,' chap^te^20, Jiart 1 of the Revised Statutes of New York, you are hereby hotihe'dj' that the expenses of the support of said pauper will be charged to the town of unless you, the over- seers of the poor of said town, within days after the service of this notice, show that the said town', of ought not to be so charged. , ' Dated at " ' •* ; this ' day of ' ', W' ) SupH county poor. : [This notice must be given within thirty days after the pauper shall have been received. And on. the application'' of the over- seers, i the superintendent must re-examine the matter, and take testimony in relation thereto^ and finally decide the question; which decision by section 70 is declared to be conclusive, and may be in 'th« following fb(rm :] i. . ; f i iu Ml- : :^; -:,i!i'-,'' .1.1 §2060i ' - ' ^-'-^ ; • Pauper, support qf — Decision of superintendent aftei- re-egsaminf ' ing setHemeni of pauper on 'appUcation- of overseers, " ■'" ■'' V^^' ■''''■• See'a?ife, § 70. County. fsf. ji , ,ss.: .., The/undersigwd, superiptend^nt of the poor of the said county, having, on appliiQation of the overseers. of the poor of , the town, of , on whom the notice, of which the annexed is a copy, . was served, re-examined the subject-matter of the said notice, and taken testimony in relation thereto, do hereby decide that the pauper, A. B., therein mentioned, has a legal settlement in the said town of , to which, as such pauper, he belongs {or, has not'a legal Settlement in said toWn of ' ' - ]. ^'■'"'i. Given under Oiir hands, at , this day of 18 . ) Superintendent of ) ■ thepoorl '•■ :■ ■;■' • ' TTMb decision should be signed, and entered. See ante, § 73.] : ' ' 646 ; RELIEF OF THE POOR. § 2061. Cmmi/g pwv^ei* — Certifimte of a auperi/ntendent that a person is a ■county pawper, on appUoaUon of overseers of a tovm. See ante, % 71; County of , ss. : The overseers of the poor of the town of , having given notice to the undersigned that A. B., a poor person, being in.B^id town, should be supported as a county pauper, and having inquirecj into the circumstances, and being satisfied that the said pauper has not gained a legal settlement in any town in the said county, this certificate of that fact is hereby given ; and the said A, B. is chargeable to the said county. Pated at , this day of , 18 . Superintendent, % 2062. Pa/i^er — Settlement of ; notice M...; § 2066.. _;,,,-.,.,;. , ^ Pa/wper — Certificate of Tceev&r of poor-house the expense of renum- %ng a pauper. See ante, § 75. County. cents for Tkbastjhbk op Pay A. B. two doUars transporting C,.D. ifrom beinjr iuiles to poor-hooBe. .18 . No. TuBAStrREB OP County. ) 'Thi^ certifies tJU^ A.>B. iA entitled foi » two cloUara eetUi, afjthe r• SwperintendtnU. • t §2067. Expense— $'wp9rvnten3£nt^ ord^r to pan/y in Superintendents of the poor. FORMS. 649' §2068. Tempormn) relief -^Bu^eT^imdenfs order am articles named in " Schedule A " to this order annexed, to tfie amount -of dollars,, and charge^ to the account of the town of TJtica. [This order will not be audite^d' except in behalf of the person on •sfrMka it is drawn, and the idealer must state^ upon the liackof, the same the quantity and price of each artidfeso delivered.] , , . , Overseer of the poor. Schedule f' A," referred tq ;in,the above order,: ., , , -lb. tea, ::•'••• ••• ; •' • ••^> t,l " ■f^?^^ ■•• • • • ■ ." cwpe, ,..'., r " .flour, ....;,.. .J ... .). " meal, ,, , ^ ...,;.... . " saleratus, . . . . r- • .» ' • • • • •■• • • • " pork, ,,. .; ' • •• " codfish, ,••<-», i... •• • • • . " .mackerel, • • ■ •• • ,". soap, " rice, • •••«,' " butter,.. ,. :••• " candles, • • " crackWs, eal. molasses, Bush, potatoes, 82 650 BELIEF OF THE POOR. qts. beans, $ vresh meat, ..>...... ' matdies, > Total, $ § 2070. Tefrnporary rdief — Overseer'a report of. Report of the Overseer of the Poor of the town of Kaxxbot PlBTDB. Aex. Sxx. Natitb ConSTBT, Cause of Padpbsisx. By Over- seer'*' Order. By Snpt'B Exteusion. Total I certify the above to be a correct statement in reference to the persons relieved under mj order, from 18 to 18 . , Oversea of the poor. §2071, Pa'wptr — Order for rditf of , where no covnty poor-houee or oth&f place has been provided for the reception <^ the poor. See ante, § 81. County of , ss. : Application for relief having been made by A. B. to the under- signed, overseers of the poor of the town of , they, with the assistance of the undersized, E. F., a justice of the peace o^ the same town, having inquired into the tacts and circumstances of the case, ■find that the said A. B. has a legal settlement in the town of ■ , in said county [or, has not any legal settlement in any town in said county] ; they therefore hereby order, pursuant to the provisions of § 43, title 1, chap. 20, part 1, of the Revised Statutes of this state, the following allowances to the said A. B., weekly [or, otherwise, to be here stated], to wit, $ , which the said justice and the said overseers [or, " one of the said overseers"] think required by the necessities of the said poor person, A. B, Given under our hands, in the town of , this day of , 18 . ) Justice. Overseers. FORMS. 651 ■ § 2672. ' Pamper y non^esident-^jy^oUoe of ovenseera of a tovm to a svjpet^ ., intendent, respecting. See ante, § 83. . , To ■ , a siiperintendent qf the pobr of tjie county of : Tou are hereby notified that, on the appHcatiott' of A. B., a po^T' person, fpr, relifif^.the undersigned, overseers of the poor of the town of , >, in said counjty, with the assistance of , a justice of the peace of said town, inquired into the facts arid cir- cumstances of the case, and found that the said pauper had no legal settlement in any town in said county ; and until the county superintendents take charge of said pauper, the overseers will pro- vide for his support, and an account for the expense thereof from the time of the seVvice of this notice will be presented as a charge against said county. Given under our hands, at , this day of , 18 , ' (• Overseers of the Poor, [After service of notice on the superintendent, one of the over- seers slibuld make an affidavit of the time and the parson on whom the same was served, and annex the same to the order made by the overseers and justice. This order and affidavit are the vouchers on which paymetit is to be made to -the overseers by the county treasurer, section 83. The' affidavit may be as follows, and should be annexed to a copy of the notice served on the su(perintendent.] County of , ss.: , one of the overseers of the poor of the town of ; being sworn, says, that a notice, of which the annexed is a copy, was by him served on ' , one of the superintendents of the poor of said county, on the day of , 18 . Sworn before me, this ] day of , 18 . f § 2073. Pauper. — Not^e of thilmproper removal of from another eounty. See ante, § 97. County of ,88.: To the superintendents of the poor of the county of : You are hereby notified that A. B., a poor and indigent person, hath been improperly sent [<>?•, carried, transported, brought or removed, or enticed to remove, as the case may Je] from the said county of to the county of , without legal 652 RELIEF OP THE POOR. authority, and there left, with i];itent to make the said county of , to which the said removal was mad^,, chargeable with thfesappbrt-of the isaM pauper. You affe ther6foiri^;"pVifsuS,ntto the provisions of § 59, title 1, chapter '20, jpart 1, of the Eevised Statutes of the stfete of New.Tork, required forthwith to take charge of said pauper. : Griven at < , in said county of " ' , ; the • day of . ..■ , 18 .' •■ • . ' -''^ ■■ " - '■■ • ' ^\EapieHni4ndLmU of tha fom cf , J tha county ■ ^. , in the county of , by ,, overseer of the poor in said , during the year commencing on the day, of^ the meeting of tl^e , board of auditors, in the year 18 j and statistics m rejfereuce theijetOj.' i The undersigned has found it impossible tomfike the report to the secretary of state, required, without the information sou^tin this statement, which can be made correctly only by overseers. JaC: FOsRMSk 653 The blanks should be filled by them jnreference to, each family as soon aB^relifif.isjcommenced. This is jntenqled to be a complete census of panupEfisiit, and to iaclude the names of each member of the familj^children.aa well as, parents, 'WheOithe term of office of an overse'fer expires during the year of ^i^x&^ovtythe .same list should be continued by his successor. , a, ,../.; _ Males, females, lunatics, idiots and mutes may be designated by the figure J. in the appropriate column opposite each name. Cause of t)&.up'erism" may be designated by using thq figures prefixed to ea6h 'Of the foildwing heads of classification : 1.. In- temperance, dif^cf. ' 2. Children hating intemperate parents. 3. "Wives haviilg intemperate husbands. 4. Debauchery. 5. De- bauchery of' parents.. 6: Idl'etiegs^ 7. Yagrancy. 8. Bliiidness. 9. Eamenes%; (including cripj)les, rheurnatism, sore and bruised limbs). 10. Sickness. Ill Decrepitude, 1^. Old ag6. 13. In- digent and ^estititte. M. Children having destitute parents. 15. Children having sick parents! 16. Females having sick hus- bands^ 17. Oi-^htos. 18. Bastards, y — ,^>. " -... ._.— - m f^ KAHES. . * £ m Native country. ChargeaWe to Canse of ^ a sS> > O ^: S- ■>,■■. .,' ■, ■,• (town or conjitrJ. ' fanperiBni. a h k ;-?- s :P ■-r., .t.;H - 1 1'l ' - 1 ' . §2076. '''■'')- AwnucH Report ej^ the- Superintendent- qf the Poor of tJie County of to the 8ecreta/ry- of StODte: ~ . ■ See ante, §§ 1 147I2O, ;1238,-124,2. , ., ,, ;--.The=aup.erintendent of the poor of the county of , in pursuance oftheiprovisions of the feeslfeed Statutes for "the relief and support .of indigent persongj" preseAt. . . . to the Seqretary of State 1; fl. annual report, as foUows : ■ . :ii, . ., >' The whole nuKiber.of pauper^ itelieved or supported during the year preceding the Ist of December inst. , was:, . , .,..'... .-'.\ k-.'.:,:K . . ... ...;.,.., 0-f ; the wWe: number of , persons thus relieved or eup- v : ■ ported, the number of county paupers was andtheflumber of town paupers was,; ,. . . fisM'the number of persons who were temporarily i, relieved was 654 RELIEF op THE POOR. The aggregate expense of relieving and supporting all snch paupers was . i $ Of this aggregate siira the amount expended for tem- porary relief was $ The aggregate sum above mentioned is composed of the following items of expenditure, viz.! Isi. Poor-house eo^enses, Jr'aid to superintendents for their services, $ Paid to keepers and poor-house officers, . . . . , Paid to constables an..•...>. Born in the poor-house, , , , , Died during the year, Bound out, , Discharged, ..,....,.« Absconded, .,..,... The children in the poor-house oy^er 5 and under 21 yeats of age have been instructed monthsj and the whole Bum* ber of children taught during the. year was Given under our hands at , this day of Decern* • ber, 18 i . , Siqierintendeni (f thJs Poor. 656 RELIEF OiF THE POOR. -§ 2077. . fecial. Poor B^ponL See ante,%% 115, 116, 1238-1242. Ifatvoe Country of Persons Believed or S'wpporU^ in the County< of dwring the year 18 . ■ — r —I Country. Male. Female. TotaL tTnited States, Ireland. iLnfirland Scotland. . i Germanv !]q ranee, Canada, (Nb. 2.) Causes qf Pauperism of Persons PeUeved or Supported .mthe Vou/rdy-bf, during the year 1% . Causes. Male. Female. Total. Intemperance, direct, i ■>/ :lil ;>r' r I il' " »•• • • Children having intertiperate parents, Wives having intenaperate husbands, Debauchery, i .;.;-.;;... ^ ; * . Debauchery of parents, ; Idleness, ....... i .... i i i ■> ; Vaarancv t ........ . ■•■OfJSd-'. ■ Tdiocv : i . 'tlM^C Ai / Lunftcv. "... .!■, t, .' i BJindnesB, j V. -1.' Lameness ^ . . . . I ' i Sickness DeftFe'bit'iide. Old age, J Deaf aid dumb, . . . ; ."". Indigent and destitute, Children having destitute parents, . . Children having sick parents, Females having sick husbands,. . . . . Orphans, Bastards, Illegitimate children, FOKMS. 657 Report of I county i , § 205r8.. I 'supeyvisdrfora townv^ere till .the poor are not a chargei to me'clerk qftks board of supervisors. ' V See ante, §§118-120. \ The supervisor of tb^ town of ^; ,. in the county of , reports to the clerk of , the board of snpiervisors, under § 76, title 1, cha]f)tfer 20, pa^t 1 of the Kevised Stai^'utes, as follows: The number of paupers relieved or supported in said town during the year preceding the day of 18 , as appears from the accointe.of^the overseel's of the poor, was Qf the persons tbifs relieved, tl|e nujmber of county paupers wag, ■.;............*..;. . . .j. , L . . .i The number of toWn paupers,. ..,...■ ' The whole expenise of such support was,l . . .[. $ Allowance to overseers for support of countyi paupers, ..fip I do do : town pjaupers, . . do do for their servicesjj.,. . .; do do for transportatioii of baupers,. dp made to justices, '. . . . . .; do to phjisicians, for medicine and attendance, ,, ' Of the whole number of paupers relieved by the overseers dui"- ing the year, they repojt that there were" foreigners ; lunatics!; .^ 'idiots; and mutes. The number of paupers undei' their Charge, at the time of auditing their ac- counts, is stated ^t S ; of which - ■ were males, and : . ,..; femalbs. : ': [if there are any other charges they ^sho'idd he specified.] I hereby certify, that the foregoing [is a coprect abstract of the accounts of the overseers of tfie poor pf the town of , for the year ending the day of 1 | , as the same have been settled by t^ie board of town auditors. ' ' , , l)ati?d,this \ day;6f ,.18 ' , , ; ;j A. B., Supervisor. f * §2079. Ov^seers — Account to he kept iy, etc. \ See ante, §§ 40-41, 8"9-9(?. I • (No.l.') A. B. CD. E. P. Q.H. Male,.r Female!, Male,. J. Male,.;. NATIVB COintTBT. United States, Ireland, , England, .... Germanj, CAUSES 07 FAUPEBIBU 07 FEB80H8 BBLlXTm. Intemperanee, ^ii^ect. Cliildrpn having intemperate parents. Deljauehery, Blindness. ' 658 RELIEP OF THE POOR. Powcfs of sopretne oonrt not to be ■flEscted. Oommlt- tee of a . IpnBtic, bovr com- pelled to confine il lol eonntrni •erinteD- iuOM. • i ii ■ i :l ■ o"p ]S ^ ! 'H^ i "7 ""s 1 . n i 1 1 . 1^1 t^ So»P 1 p: Pi 1 1 f t"" ' a V a oo rH t la 00 ^■ iH »< 1 1 U tZ s g ti o s a |s' ^ Ii! 11*1 i 4* 1 03 Q V4 ^^ • .a g . ^S, 8 ? B p l^yi ^ i *» ■ g i> 1 i§ &« s 6g iii 00 1 00 IH tH >-» GQ H § s %l o s s II Bee ante I16ST. Inirtiet manner and for what time to be confined. Powera of twojnrtteei Inaecorlnc lunatici. Lnnatles maybe ■ent toN. T. asylnm. See ante I166T. See ante, I 1667, and FORMS. 659 - :n , : §2080, , ; . , VhgranP^Gomplamt agamst. Seeonfe, §§ 1281-1284. ' County of >*«••' A. B., of tlie town of , in said county^ being sworn, makes oath and, complain^ before C. D., one of the justices of the pe^ce of said town, that E. F. is now in said town, and is an idle person, not having visible means to. maintain himself, and living witl|io|i;it employment; and, is, as deponent believes, a vagrant, withip, the meaning and int^pt of the sta!tute in such case made and provided. ' , A. B. Subscjribed and sworn li^fore me, ) this ,; day of . j 0. D., JvsUee. , ,, §,2031. Vagrant — Wdrrant agamst. County of , 88. : To any constable of said county, Geebtikg : "Whereas A. B., of ^jdncsaid county, has this day made complaint on oath, before me, the ujideijnamed ^'ustice of the peace of said town, that E. F., hundred doUai-s, kwful money of the Baid^fifiate, to be paid to the said^people, for which jpaympnt well and truly to be made or done I bind myself, my heirs, executors and radmini^tra- tbrs, jointly and seyerally, 'firmly by these pri^sents. Sealed wM Tn j' seal', and dated at the of ., this day of , in the year of our Lord one thousand eight hundred and . Whereas, in and by certain articles of apprenticeship made and executed by the ' ' of the poo?: of the county of , on the day of m ,^ at the of , in the county of fH'^ , an inmate of the poor-house in said county, was pnt and bound oilt to ' to learn the art, trade and mystery of ' , Now, therefore, the ionditioii of the above obligation is such, that if the above bounden , his heirs, exedutors or administrators, in addition to the requiremeiits now existing by law in snch cases, shall undertake, to, and kindly tr^at FORMS. 663 such apprentice, then " ' - obligation to be void, otherwise to be and remain in vfall fo d virtue. • ... Signed, sealed and delivered in [ ' [i* 8.] presence of f ' § 208Y. I/O/naiM *» ifidigent circumstances -^ Amplication to emmby judge cmd affidomt in, lemlf of. See amie^ % 1697. To the Hon. A. B., county judge of the county of The petition of 0. D.; of the town of. , , in said county, respectfully showeth : Th&t E; F., now a resident of the said town, is, atid for the term of ' years last past has been, a lunatic ; that he is now in the care and fiustody of G. H., at the town afore- said ; that he-is in indigent circumstaniees, and has no property in his own possession, or held by any person in trust for him, suffi- cient for his support [o^jfor the support of himself and family], under the visitation of iiisanity aforesaid. Tour petitioner there- fore prays that an examination and investigation may be had in the premises, pursuant to the, provisions of the act entitled "An act to organize the State Lunatic Asylum, and more effectually to proyide^for (the care, maintenance and recov^iTy of the in^ape," passed Aipru t, i^42, etc. i 0.'D. County of , «». ; 0. D., of said county, beingjduly ;8Wom, says that the facts and circumstances stated and set forth "in the foregping petition, by him signed, are true. • '; V O.D. Subscribed and sworn before me, tlfe day of , 18 , {Upon receiving such pefiition; it is the duty of the cbunty judge to call twoi respectable physiciians, and other credible witnesses, and investigate all the facts of the case. For the purpose of pro- onring the attendance of the physiciims and witiie9f<«, the follow- ing forms of an order and subpoana nitty be used :] 664 RELIEF OF THE POOR. ,, . , §2088. Order of judge on the fofegoing petiUon. In the matter of E. F., an allegeip | ' , j indigent lunatic : \ Upon the petition of 0. D:, of the town of , in the county of , herein presented to me, and duly verified, it is ordered : That J. T. P. and D. D., two respectable physicians of the said county, be hereby designated and appointed, pursuant to the provisions of the act entitled, &c, [as m me next preceding form], to examine the said E. F., in respect to his alleged insanity, ■vithin days after they shall be respectively served v?ith a copy of this ord^r, certified by me ; and thjit they appear before me at my ofiBce in , op the , day of , , ipeliant [w, next], at , o'clock, in the , noon, g,nd certify their respeot- iTC, opinipns in relation thereto; and that, at the time and pjace a,fofesaid, other witnesses be examined touching the mental condji tion and p^cun^^ry circuipstances of the said E. ;F,, And; it is further ordered, that days' notice Ojf such examination -h© given to the superintendent pf the popr of said county, [or,; to one of Ijhe overseers of the poor of the town of , if such expense ia chd/rgeable to the.iovm]. . A.,B., ! (hmiy, Judge of the covmby of [The notice to the superintendent or oversfcer may be such time as the judge may deem reasonable.] , §2089. Snibpami of coumty judge to witnestet. ' ' See ante, § 1697. Oonnty of , ss.: , i • : To E. F., O. P., &c., of aaid county, GEEErrmo : You, and each of you, are hereby commanded, in the name of the people of the state of New Yprkjito appear .b6fi>r9,me, at piy oflice in , on the day of instant [or, next]} at o'dpck inthe ; noon, to testify what you, or either of you, may know touching, ,th9,mep.tal condition and pecuniary circum- stances of E. F., now of the tpw,n ot , in said county. Given under my hand at , this day of 18 . A. B., Coumty Judge, die. FORMS. 665 §2090. • ,. ; : Lunacy — GeHifieate of physicians, ^d affidavit in i'espect th^do. lathe udatterof E. F., anallegedl) .1 , indigent Junatic : > j h \ ■>f::<' '■•' We do hereby certi'^. that, in .purs'a^ijlce of the order of A\ B., Ooiinty jndg^ of tte cottTit^ of ' . ,. rt^adeib the ahpve' entitled matter, and bearing date'the ' da^ of ' '■,!&''', w'd have carefully examined intp .the mental, state and condition of E. F., above name3', arid^krtictilHrly in rdferencfe to his alleged insanity ; and that in our opinion, derived from SHch information, the said E. F. is a confirmed lunatic. " Given under our hands this ■, d,ay of , 18 . ' J. T. P. ■ .w>oT>-J.\ • -' "■■■ '- '■•■■:'• ' V -^ D. D. county, ss. : J. T. P. and D, D., ot said county^being by me. severally sworn, ^epoSe and say, and each for himself deposes and 'says, that the facts stated and set fbrth in the foregoing certificate, by them "signed, are l^rue, , . J. X. Jr., : , . D.I), ■' Subscribeii and svrorn to before me, I ■■",,] this day of , 18 . ) ^ , Justice. § 2091. Limatio in inidigmt cit'cumstafices — Goijmty jvdge^s certijicate in the case of. , , See a«fe, §§1697-1699. In the matter of E. F., an alleged 1 indigent lunatic : , , )/ County of , ss.: - 1 ' ; ! Whereas^ anrapplication hasi be§}i made to mefj fii i 1 , county judge of the said county of , in behalf of E. F., who resides in the town of , in said county, for a certificate entitling him to admission into the State Lunatic Asylum at Utica, as a person in indigent circumstances, not a pauper ; and I, the said judge, having given reasonable notice of the time and place of heal■ing^^to < "« ' y-9. , Superintendent of the poor of the' count-y of , whicli, .equity is chargeable with-jthe expense of sup- porting 8&,id person in the' asylum [or, to , an overseer ofthepoor-ofthetbwnof > , in the cdurity of . ' / > whi6h county is chargeable with the expense of supporting said person in the asylum] ; and having called twO' respectable physi- 84 666 RELIEF OF THE POOR. dans, and other credible witnesses, and fully investigated the facts of the case [if a jury is called on the question of iHsanity, state the fact and the verdict], do hereby certify that satisfactory proof has been adduced to me, showing tlie said E. F. to be insane, and that he became insane within one year next prior to the date hereof, and that his estate is insufficient to suppoifl; hinj and| his family [or, if he has no family, himself], under tlie visitation of insanity. vJiven nnder iny hand this day of , 18 . County Judge of the county qf . Ooumty clerk^a authenUcation of the above. County of }««••■. i > ; ; T, , clerk of the said county, certify that . j'wio^p name is subscribed to the foregoing \pT annexed, or within] certifi- cate, was, at the date thereof, the county judge of the said county; that I am acquainted with the handwriting of said' judge, and that his signature to the said certificate is genuine. Witness my hand and the seal of the ^lounty court, of said [l. b.] county, this day of , 18 . . , CUri. Any county judge is authorized to send an indigent patient to the county poor-house, or to the State asylum, as, in his judgment, may be to the best interests of all concerned. (Laws of 1851, cL 446.) See are^e, §1727. By §§ 4 .an4 5 of ph. 337 of 1870 (§§ 1751, 175R) it is provided that when ^he Hudson lliver State Hospital shall be completea, due notice thereof shall be given to the county clerk, county judge and superintendents o(f the poor* of each of the counties enumerated in said §4 (§1751), so that all patients who may tlji$n bp in,th(B State Lunatic Asylum at Utica, chargeable to the said counties, shall be transferred to the Hudson River State Hospital for the insane, and that all the counties enumeriited in the said sectioii shall constitute the '' Htidson Eiver State Hoiipital' district." % 2093. iMmalM — Justice^ orders to send to the State Lunatio AxyVwm. See ante, §§ 1657-1670, 1693. / The people of the state of New York, to the superintendettB of the poor of the county of , [or, to the overseers of the pooriof 'tlie town of , in the county of ,] and ' FORMS. "^ l^'f SfeV to the constables of the town- of , in said county, and to th,e superintendent of. the Stfite Luna,tic, A«yiuia'\ at lUtica, in the county of Oneida, greeting : Whereas, upon the application of , ,, ^ , overseers of the poor of said town [or, upon our own view, or upon the ioform'fttion of /- i. : ! , or uppn^ the oath of ,1, , ofithe to?!Kn of }, it hath been made satisfactofily to appear, to the undersigp^dji ;two iustices, of the Eeace of said countyj after a.fjxll.qxapiination of tlie matter, aftd aving the evidence of tiyo reputable physicians under oath, that , of the tpwfl of , in thp paid county of , , is a lunatip [or-, is so far disprdered in his senses], as to ej^danger his , * lunatic, by \^hich it appears that they had the evidence of J , and -r.. , two reputable physicians (residing in the town of. . , , in said county), under oath, proving the alleged fact of the insanity of said lunatic; and that said justices have also, filed in tiiis office a, brief report; of all the othw proofs, facts and procfeedings in the i case, in pursuance of seotixjn 22, chapter 135, of the laws of 1842. [ , .^ Witness my hand and sealof the said counter, this ' -,,.. . dayiof 'I ■!. " 18 ■. ' ' ' [£.8.] yOi^^- ^68 RELIEF. OFj, THE POOR. §2095. , •• „.:!. Lunatic pmiper-^^rdei^ of iupei^tendents or &oet8eer9for senA- ing tq_ the qsylutnl ' ' " . ' ,^ ^ee arife, §§ 1657-1670. , , ' To the; anperintendent of the New York' State Ltraatib Afejlum: Whereas, , " . , , a person ■v^ho is chargeable fpr his Bupport to the county of ' , [oTj, to the towfl of '. , in the conhty of . ' ], has bfecomfe' a lunatic, we, the uiider- Bigned, superintendents of the poor of' said ' county [or!, overseers of the poor of said town], do hereby order t^e said to be taken to th'fe'said asylum; and yon, the 'said- super^nteni^eilt, are required to reeeite him into said asylum, and .there detain and maintain ihiiri at the expense of said county, unt^l legally discharged therefrom. Given under oiir hands, thiB day of , 18 . \Siiperititendmtfi,of the Poor j of oquripy [cr^ , ! Overseers of the Poor of the town of I ,^Athe evmity< of ]. ■ [To be signed by a majority of the superintendents' or over- Beers.] § 20%. Lwnatic, who is a prvoate patient — An agreement for the support of, and for. Ji/ia removal. Seeonfe, §1702., ,,,,._,, ,,,^.^,^ Whereas, , of the tpwn of , in the county of , an insane person, has been admitted as a patient into the New York State Lunatic Asylum, iat Utica: Now, 'therefore, we, the undersigned, in consideration thereof,' do agree with and bind ourselves to li , the treasurer of the said asylum, to pay to him aad his successors in office the Bupi of dollars and cents per week, for the care and boatd of said insane person, so long as Bh all 'continue in the said asylum, with such extra chaises as may be made or directed by the superintendent of said asylum, Ijy reason of requiring mor6 than ordinary; care and attention ; and also to pro- vi'dft with suitable cldthing, and to pay) for all such neces- sary articlesrof clothing as shall be procured or brder«i for by the said superintendent or other officer of the asylum ; and to remove ; vfrom the asyMm whehever the room occupied by shall be required for a patieiit, or patients, having pref- erence iiy law, or whenever requested so to remove by 5 1 FORMS. . 669 the superinteQdent ;f i and if ■ shall be rSmdved by the re- quest of V , friends, contrary to;the ad\ficeiof the said super- intendent, before.the expiration of six calendar moriths after recep- tion, thdn we lagree to pay board, at: the price above mentioned, for twentytsix weeks, including all extra charges, for the time has remained in , the asylum ; and also to pay all damages (hot^exeeeding-fifty dollars) that , , may do to the furniture, buildings, or other property oft the. asylum j.* for. s^ll reasoniable charges and expenses in case of elopement, and funeral charges, in case of death. All such payments to be made semi-annually, on the first days of February and August, and at the tijne of dis- charge, death or removal, with iAIfercist on each bill from tlie time of i|a, becoming due., - . \ ' ^" In wiine^s whereof, we have her enn to set 6ur hands and seals this day of > , eighteen hundred and i §2097,: ' , ■ .. \ .. Gert^oate as to t/ie pecunicm/ rsspohsiMlity ofthepa/tiAes signing ; i„ ,; the for egoingii agreement. ■ .,a uJ ! . ; ' See artfe, § 1702. I, , county judge of the connty of ^ '"' '■ [(W, treasurer oi the connty, of ,or supervisor of the towij 6f • ' ^-'j irf ttfe'cOiinty of , or, president or cashier of the bank, in the town of ], do certify that I am well acquainted with , who have signed the within agreement, and am also acquainted with their pecuniary circumstances,, and, in my opinion, each of them is abundantly able, to meet ?,nd pay promptly all. sums which may at any time becomd'Vfiie iijjon' and by virtue of said agreement. Dated, , 18 ■.-■'' /'i .(^»"' • ' ■" '"''■ < §2098. ' . rJ^T^nkard -J- Designation of, and, notice to tavern keepers^ etcJ ^eeante, §1608. County of , ss. : The undersigned,' overseers of , the poor of thie town of , in said .county, having 'discovered' A. B., of said town, to be an ha- bitual drunkat^, do' hereby, pursuant to section 1, ititle 4, chap. 20, part 1 of the Kevis6d Statutes, designate (him as an habitual drunkard, and deserible him as follows : \^Here^c^e him.'\ Ar^d every nierchant, distiller, shop keeper, grobfer, tavern keeper, or other dealer in spirituous liquors, is required not to give or sell, under any pretense, any spirituous liquors to the said A. B. ?Given under bur hands, at 1 ' , this ' ■ day of ^ • j,/l8 j , ' ' T»' V ' Y Overseers of the poor. 670 RELIEF OF THE POOR. [Copies of the foregoing notice, signed I by tlie overseera, should be directed to, and served peraonally on, all persons who arc re- quired to obey its directions.^ The person designated as a drunk- ard may contest the fact before a juryi For that purpose, he must apply to a justice of the peace of his own town fora venire. Upon such application, the justice is required to give immediate notice to the overseers of the poor, of the time and place which he shall fix upon to try the quration, and to issue a venire.] § 2099. Dfxmhard — Noiice to overseers in case jury has teen allied /or. Seeawfe, §§1610, 1611. To the overseers of the poor of the town of : You are hereby notified that A. B., who has been designated by you as an habitual drunkard, has applied to me for process to summon a jury, and try and determine the fact of such drunken- ness ; and that I have fixed upon the , day of instant at o'clock in the afternoon, at ,ii|iy office in said town, as the time and plape for such p^al. Dated ,18 . J.'K.yJuaiioe of thtk Peace. § 2100. Drunkard — Yenire in case pf. See ante,%% 1610,1611. . Oounty of , ss. : To any constable of the town of, , in said county, Geeeting : You are hereby commanded, in the name 6f the people 6f the state of New York, to summon a jury of twelve persons, compe- tent to serve ae jurors, to appear at my office in aforesaid, on: the day of inatapt, at o'olpck in the after- noon, to, try the lacft whether A. B. of said town is an habitual drunkard, he having been designated as such by the overseers of the poor of said town ; and have then there a panel of the names of the jurors you shall so sumimon, and this precept. Given under my hand, at , thi^ day of ,18 . J. K., Jystioe of the Peace. [Witpesses may be summoned and sworn, and their testimony enforced, in the same manner as in justices' courts. See amte,, §§1612,1613.] FORMS. 671 §2101. Drmkpa^d—^Svhpoinet in case cf. gee, Swperimtendent [or, Over84er of the poor.'\ % 2110. Baaiaardy — Affidavit of pregncmcy. See ante, §§ 1313j 1314. county, 88. : The voluntary examination of of , in the of , taken in writing, upon oath before , one of the justices of the peace of the , who saith that she is now with child, and has been flo for about 076 RELIEF OF THE POOR. months last past, and that the said child is likely to be bom a bastard, and to be chargeable to the said county of , and that ' hath gotten her with child of the said bastard child. "' ' 3on oath before me, "^'~ ' day of , 18 Taken npon oath before me, this ( Justice of the Peaoe. §2111. Wa/rramt agamst repvied father prior to hi/rih of chUd. See ante, % 1314. county, as. : To the sheriff, or any constable of said county, or policeman of the of , greeting: Whereas, upon the application of , the superintendent of the poor of said county [or, overseer of the poor of the town [or, city of] in said county, to me, , one of the justices of the peace of the said county of , I have ascertained by the examination, on oath of that she is now pregnant of a child likely to be born a bastard, and to be chargeable to-the said county, and that . is the reputed father of such child, these are, therefore, to command you forthwith to apprehend the said , and bring him before me, at my office, in the town of , in said county of , for the purpose of having an adjudi- cation respecting the filiation of such child likely to be bom a bastard. Given under my hand, this day of , 18 . Justice of the Peace. § 2112. ;^ Baatarch/ — Affidavit of motJier in, after hirth cf chUd. See anU, §§ 1313, 1314. county, 88. : , The voluntary examination of , of in the of , taken on oath before me, , one of tjie justices of the peace o the of , who saitb, tlmt on the day oi FORMS. 677 , in the year of our Lord one thousand eight hundred ^^^ , at the of , she was delivered of a male bastard child, and that the said child is likely to be chargeable to the county of , aforesaid, and that hath gotten her with child of the said bastard child. Taken upon oath before me, this ) day of ,18 . ] JusHae of the Peace. % 2113. Wa/rramt agamst the father after Mrth of okild. See ante, § 1314, county, 88. : To the sheriff, or any constable of the county of , or policeman of the of , and to all and every one of them, Geeetino : Whereas, of the said of , a woman hath, in her examination, taken this day of ,18 , in writing upon oath before me, one of the justices of the peace of the said of , declared on the day of 18 , at the said of , she was delivered of a male bastard child, and that the said child now is, and is likely to con- tinue to be, chargeable to said .of , and that is the father of the said bastard child. And whereas, application hath been made to me by one of the superintendents of the poor of the said county, to make inquiry into the facts and circumstances of the case ; an^ having, upon such inquiry, ascertained that said is the reputed father of such child so born a bastard. * These are, therefore, in the name of the people of the state of 'New York, to command and authorize you, immediately, to appre- hend the said , and forthwith to bring him before me, the undersigned justice of the peace, at the said of , for the purpose of having an adjudication respecting the filiation of such bastard child. Given under my hand, this day of , 18 . Ju8Uce of the Peace. 678 RELIEF OF THE POOR. § 2114. Indorsement to he made h/ jiistice upon the warrant when reputed father resides in, or is %n, andther wrniby. See ante, § 1515 County of , ss. : I, tiie within named justice of the peace of the said county, herebj' direct that the penal sum which any bond shall be taken of the within named , shall be dollai's. Dated at , this day of , 18 . , Justice of the Peace. % 2115. e justice 7 be execu See ante, § 1315. Indwaement to he made hy the justice in the coimty where warramt is to he executed. County of , ss. : The within warrant, with the indorsement made thereon by the justice of the peace by whom it was issued, of the sum required to be put in the bond, having been presented to me, a justice of the peace of and residing in said county of , and due and legal proof having been made to me by the oath of , of the hand-writing of the said justice who issued the said warrant, authority is by me hereby given to arrest the within named , in the said county of Dated at , the day of , 18 . , Justice of the I'eace. § 2116. Bastardy — Putative father's hond on arrest in another county. See ante, § 1316. Know all men by these presents : That we, C. D. and E. F., of , in the county of , are held and iirmly bound unto the people of the state of New York, In the sum of dollars, for the payment whereof to the said people we bind our- selves, our heirs, executors and administrators, jointly and sever- ally, iirmly by these presents. Sealed with our seals, and dated this day of , 18 .* Whereas, the said 0. D. has this day been brought before the undersigned, one of the justices of the peace of the county of , by virtue of a warrant issued by G. H., one of the justices of the peace of the county of , whereon the name of the said justice [or, of O. M., one of the justices of the peace of the said county of ] is indorsed, with an authority to arrest the said C. D. in the said county of ; in which war- FORMS. 679 rant it is recited that E. B., of , in said county of upon her examination, on oath, before the said Gr. H., justice, did declare herself pregnant of a child, -which is likely to be born a bastard, and to become chargeable [or, did declare that she was, on the day of , at aforesaid, delivered of a bastard child, which is chargeable] to said town [or, county] ; and upon the said warrant is indorsed the direction of the said G. H., that the penal sum in which any bond should be taken, of tlie said 0. D., should be $ _: Now, therefore, if the said C. D., &c. [Insert one of the conditions expressed in § 1316], then the above obligation to be void, otherwise of force. Sealed and delivered in presence of, ) C. D. [l. ,s.J and the security approved by me, J R. F. [l. s.] M. B., Justice. [If the person so apprehended does not execute such bond, it is the duty of the constable to take him before the justice who issued the warrant ; or, if he be dead, or has vacated his ofiiee, or is absent, then before some other justice of the same town.' Such justice must immediately call to his aid some other justice of the same county, and the two justices must then proceed, without unnecessary de- lay, to make examination of the matter. Either of the justices may issue subpoenas to compel the attendance of witnesses upon such examination.] See ante, § 1319. § 2117. bastardy — Subpoena in case <^. See anU, § 1319. County of , ss. : To John Doe, llichard Roe, etc., Geeeting : You are hereby commanded, in the name of the people of the state of New York, personally to appear before and , the undersigned, two of the justices of the peace of said county, forthwith [or, as the case may lei, at the office of the undersigned, in j in said county, to testify what you do know touching the father of a bastard child wherewith E. B. alleges she is now pregnant, [or, which was lately born of E. B.] Witness my hand, this day of , 18 G. H., Justice of the Peace, [If the justices, when convened, are not prepared to proceed, or the person charged requires delay, and assigns sufficient reasons therefor, they may adjourn the examination for a period not ex- ceeding six weeks. The person charged must give a bond, with sureties, tor his appearance on the adjourned day, in sucli a penalty as shall be deemed a full indemnity fbr the expense of supporting the bastard and its mother.] See ante, % 1320, 680 RELIEF OF THE POOR. § 2118. Bastardy — Bond on ac^oumment in case of. See anU, §§ 1320, 1324. Know all men, fete. \as in § 2116, dmon to the *, and then adcf], the condition of this obligation is such that, whereas, the under- signed, C. D., has this day been brought before and , two of the justices of the peace of said county, charged, upon the oath of E. B., of , aforesaid, as the reputed futher of a bastard child with which the said E. B. alleges she is pregnant [or, of a bastard child lately born of the said E. B.] And, whereas, at the request of the said C. D., and for sufficient reasons given, the said justices have determined to adjourn the examination and adjudication respecting such charge, upon the execution of this bond, until the day of . , inst, at o'clock in the noon, at the office of the said G. H., in : Now, therefore, if the said 0. D. shall personally appear before the said justices, at the time and place last afore- said, and not depart therefrom vnthout leave, then this obligation is to be void, otherwise of force. Sealed, etc. C. D. R F. L. S.] L. 8.] [Upon the examination and hearing before the justices, the mother must be again examined on oath, in the presence of the reputed father ; and such other testimony must be hoard as may be offered in relation to the matter § 1319. If they determine that the person under arrest is not the father of the child, he must be forthwith discharged; but if they determine that he is the father, they must make the order of filiation, specifying their determination. § 1321. Their proceedings must be red co writing, and subscribed by them.] • § 2119. Bastardy — Order of filiation in case of. See ante, § 1321. County of , ss. : Whereas, we, the undersigned, being two justices of the p^ace of said county, having this day associated at , in said county, upon the application of E. F., overseer of the poor of the town of [or, superintendent of the poor of sai i county], for the purpose of making an examination and determination touching a certain bastard child, lateh c am in said town of the body of E. B. [or, of a certain child wLerewith E. B. is said to be pregnant, and which, when bom, wii] be a bastard], and charge- able [or, likely to become chargeable] to said town [or, county], FORMS. 681 and of whicli child C. D. was alleged to be the father: And, whereas, we have duly examined the said E. B. on oath, in the presence of the said 0. T>., touching the father of said child, and have also heard the proofs and allegations to us offered in relation thereto, as well on the part and behalf of the said overseer [or, Buperintendent], as of the said 0. D., whereby it appears that the said E. B. was, on the day of , delivered of a bastard child, * in said town [or, that the said E^ B. is now pregnant of a child, which, when born, will be a bastard], and which is charge- able [or, likely to become chargeable] to said town [or, county], and that C. D. is the father of said child : "We do, therefore, adjudge him, the said C. D., to be the father of the said bastard child ; and fiirther, we do hereby order that the said C. D. pay to the overseer of the poor of said town of [or, to the superintendent of ■ the poor of said coiinty], for the support of said child, the weekly sum of one dollar, so long as the said child shall continue charge- able to said town [or, county] ; and inasmuch as it appears to us, and we find, that the said E. B. is in^indigent circumstances, we determine and order that said C. D. pay to the said overseer of the poor, [or, superintendents], for the sustenance of the said E. B. dur- ing her confinement and recovery therefrom, the sum of dol- lars. And we do hereby certify the reasonable costs of apprehend ing and securing the said father, and of the order of filiation, at the sum of dollars. Given under our hands, at , this day of ,18 . ' S * T ' 1 '^'^^*^^- [Upon receiving notice of the order of filiation, the reputed father must immediately pay the costs and execute the bond with one of the conditions specified in § 1322. If the reputed father refuses to pay the costs, he may be committed, notwithstanding he may. have given the bond.] § 2120. JBastardy — Bond imder order affiliation in case of. See §§ 1319, 1324. Know all men, etc. [as in % 2116, to the *, amd then add], the condition of this obligation is such that, whereas, by an order this day duly made and subscribed by the undersigned, justices ot the peace of said county, it is adjudged that the said 0. D- is the father of a bastard child of which E. B. is pregnant, and which is likely to become chargeable [or, of a bastard child lately born m said town of E. B., and which is chargeable] to said town [or, county] : and it was thereupon ordered by the said justices, that, etc. [recite the order for the supjport of the lasta/rd am.d smtenance of the mothffr, as in § 2119.J -Now, therefore, if the said O. U. 682 RELIEF OF THE POOR. eliall pay the sums for the support of the bastard child and the sus- tenance of its mother, as the same are ordered by the said justices, as aforesaid, or shall be at any time hereafter ordered by the court of sessions of said county, and shall fully and amply indemnify the said town [or, county], and every other county, town, or city, which may have incurred any expense, or may be put to any expense, for the support of such child or its mother during her con- finement or recovery therefrom, against all such expenses, then this obligation to be void ; otherwise of force. \_If the party in- tends to (mjpeal, inMead of' the foregoing, say : Now, therefore, if the said C. D. shall personally appear at the next court of sessions of said county, and shall not depart the said court without leave, then this obligation to be void ; otherwise of force.] Signed, sealed and delivered ) [l. 8.1, in the presence of j [l. s.J § 2121. Bastardy — Warrant to commit the father on his neglect or re- fusal to execute bond. See ante, §§ 1322-1324. County of , ss. : The people of the state of New York — To any constable ot county, and the keeper of the county jail of said county, Greeting : Whereas, by an order made the day of . 18 , by and , two of the justices of the peace of the of , is adjudged to be the reputed father of chargeable to , which said order was made after an examination had upon the application of , the of the poor of the said county. And whereas, in and by the said order, it was ordered that the said should pay to the of the poor of the said county, the sum of dollars, weekly, and every week, for the support of said bastard child, for and during so long a time as said bastard shall be chargeable to said : And, also, that the said should pay to the said of the poor the sum of dollars, fi>r the sustenance of the mother of said bastard child, during her cuulinement and recovery therefrom : And in and by said order, rlie costs of apprehending the said and making said order were certified at dollars. And whereas, notice of said order was immediately given by said juiitice.-i to the said , and he was required by them to pay the said costs, and to enter into a bond in the sura ot FORMS. • g3Q hundred dollars, conditioned for the performance of said order according to the statute ii^ such case made and provided. ' And whereas, the said hath neglected to pay said costs, and to enter into such bond as aforesaid : « , * These are, therefore, to command yon, the said constal.le, to take the said , and convey and deliver him tu the keeper of the common jail of said county. And you, the said keeper, are hereby commanded to receive the said into your custody in said jail, and there safely keep him until lie shall pay the said costs, and execute such bond, in the penal sum aforesaid, as required by said justices, or until he shall be dis- ch'arged by the court of sessions of said county. Given under our hands, at the of , aforesaid, the day of ^ , 18 . Justices of tJie peace of the § 2122. ion in ided in See ante, § 1327. Bastardy — Order of filiation in the absence of the reputed father, . apprehended in another county. County of , ss. : 0. D., having been apprehended in the county of , in the staite of New Yorkj by virtue of a warrant and the direction thereon indorsed, of which the following are copies, to wit: {insert copies,'] was carried before M. B., Esq., a justice of the peace of said county of , who took from him, the said C. D., a bond to the people of the state of JJ^ew York, with good and suiiicient sureties, in the sum directed in the indorsement on said warrant, conditioned that the said C. D. shall appear at the next court of sessions to be holden in the county of and not depart the said court without its leave ; and the said bond having been in due form of law returned to the undersigned, G. II., the justice who issued the said warrant, he thereupon immediately called to his aid the undersigned, S. T., another justice of the same county, and the said justices proceeded to make examination of the matter, on the day of , 18 , at , in said town, and then and there heard the proofs that were oiffered in relation thereto ; by which it was proven that the said E, B., being in the said town of , has been delivered of a bastard child, etc. [conclude as in form § 2119, from the *.] [If th^ mother of an illegitimate child refuses to disclose the name of the father of such child, the justices may commit her to the common jail of the county, by a warrant under their bands,- which may be in the following form :] C84 RELIEF OF THE POOR. § 2123. Basta/rdy — '^a/rrard to commit Tuother who refuses to disclose the naTne of the faiher. See ante, % 1328. County of , ss. : To any constable of said county, Geeetinq : "Whereas, we, the undersigned, justices of the peace of said ccmnty, are now associated for the purpose of examiliing into the matter, and making order for the indemnity of the town of , in Baid county [or, for the indemnity of the said county], agaihBt the support of a certain child, said to have been born a bastard of the body of E. B., and chargeable [or, likely to become chargeable] to said town [or, county], upon the application of E. F., overseer of the poor of said town- [or, a superintendent of the poor of said colmty], have required the said E. B., wl^o is now before us, to submit to an examination on oath, in the presence of G. D., who has been brought before us, charged with being the father of said child, to testify touching such charge, and to disclose the name of such father, but the said E. B. wholly refuses to testify and dis- close ; and inasmuch as it now appears to us, upon due proof thereof given on oath before us, that more than a month has elapsed since the said E. B. was delivei-ed of said child, and that she is now sufficiently recovered from confinement : You are therefore hereby commanded, in the name of the people of the state of l^ew York, to take the said E. B., and convey her to the common jail of said county, the keeper whereof is required to detain the said E. B. in his custody in said jail until she shall so testify and disclose the name of such father. Given under our hands, at , this day of , 18 . I- JvsUces. § 2124. Bastardy — Sv/mmons where mother has property tn her own right. See cmte, §§ 1329, 1330. County of , ss. : To any constable of said county, Greeting : . You are hereby required to summon E B., of the town of , in said county, to appear before us, the undersigned,. justices of the peace of said county, on the day of , instaixt, at two o'clocK in the afternoon, at the office of the undersigned, G. H., to s] low cause, if any she may have, why we should not make an order for the keeping of a bastard child, said to have been lately licit) of the said E. B., and chargeable [or, likelv to become charge- able] to said county [or, town], by charging tlie said E. B. with the payment of money weekly, or other sustentation ; E. F., over- FORMS. 685 seer of the poor of said town [or, superintendent of the poor of said county] having applied to us for that purpose. Given under our hands, at , this day of , 18 . /-I TT J S T ' I '^'"*^^ of the Peace. § 2125. Swpport cfchUd — Order to compel the mother to pay for the. See amte, %% 1329. County of , sa. : Whereas, E. F., one of the superintendents of the poor of said county [or, overseer of the poor of the town of , in said county] has made application to us, two of the justices of the peace of said county, complaining that E. B., of , in said county, was lately delivered, at aforesaid, of a bastard child, which is chargeable \or, likely to become chargeable] to said county [or, town] ; and that said E, B. is possessed of property in her own right, and is of sufficient ability to support said child, and desiring that we should examine into the matter, and make order for the indemnity of said county [or, town]. And whereas, upon examination into the matter of said application, and upon due proof thereof, on oath before us given, and the said E. B., although present at such examination, not showihg any sufficient cause to the ■ contrary [or, and the said E. B. neglecting to appear before us and show cause, if any she might have, to. the contrary, although duly summoned so to appear], we do, therefore, hereby order that the said E. B. pay weekly to said superintendent \or, to said over- seer] the sum of , for the support of said child. \If 7hecesaa/ry, msert here, unless the said E. B. shall nurse and take care of said child herself.] Given under our hands, at , this day of , 18 . r\ TT 1 g ■ m " {• Justices. [A copy of the order, subscribed by the justices, should be served on the mother ; and if she desires to appeal from the same to the court of sessions, she must execute a bond, in such penal sum and with such sureties as the justices shall direct, to appear at such court, and not depart without leave. The form of bond to be exe- cuted by the putative father, given in § 2120, may be varied to suii this case. The execution of such a bond is in itself to be deemed an appeal without further notice. See ante, § 1332. If, after service of the order, the mother refuses or neglects to comply therewith, or to execute the bond as aforesaid, she may be summarily committed to jail until she does comply.] 686 RELIEF 0F THE POOR. § 2125J. Bastardy — Warrant to commit mother for not executing bond. See ante, §§ 1330, 1332. County of , ss. : To any constable of said county, GeeetdStg : Whereas, by an order, i3uly made by us, the undersigned, jus- tices of the peace of said county, bearing date the day of , instant, in relation to the keeping of a certain bastard child, lately born in said county, of the body of E. B., which ib chargeable to the town of [or, said county], we directed, etc. [as in the order] ; which order was so made upon the application of E. F., overseer of the poor of said town [or, a superintendent of the poor of said county], and after due notice to the said E. B. to show cHuse, if any she might have, agamst the making of such order ; and, whereas a copy of said order, subscribed by us, has been served upon the said E. B., and she has neither executed the bond by liiw required for her appearance , at the next court of sessions, etc., nor complied with the requirements of said order : You are, therefore, hereby commanded, in the name of the people of the state of New York, to take the said E. B., aind convey her to the common jail of said county, there to remain, without bail, until she shall comply with said order, or execute the bond authorized by statute as aforesaid. Given under our hands, at , this day of , 18 . g ■ m ■' > Justices. [If the mother Executes the boild, the justices must transmit the same, with the order of sustenance, to the clerk of the county, be- fore the opening of the next court of sessions, or copies of such bond and order, signed by the justices. All further proceedings in the i-ase are then to be conducted before the court of sessions. § 1334. It may happen that the woman will refuse to appear voluntarily before a justice or justices to disclose the name of the putative father. Li such cases they have power to compel her attendance, and may issue process for that purpose.] § 2126. si aitendi n case See ante, § 1328. Bastardy — Process to compel attendance of mother hqfore jxtsUoea m case of. County of , ss. : To any constable of said county, Gbeeting : Whereas, we,'the undernamed justices of the peace of said county, liave, upon the application of the overseers of the poor of the town FORMS. 687 of, , id said county [or, the superintendents of the poor of said county], associated for the purpose of examining into the mat- ter of a certain complaint made to us by said overseers [or, super- intendents], that E. B., of said town, is now pregnant with a child, which, when born, will be a bastard, and which is likely to become chargeable to said town [or, county] [or, that E. B. has been de- livered in said town of a bastard child, which is chargeable, or likely to become chargeable, to said town or county] ; and 0. D having been brought before ns this day, charged to be the putative father of said child: Now, therefore, to the intent that the said E. B. may be examined before us, on oath, and in the presence of the said C. D., touching the father of said child, you are hereby ' commanded, in the name of the people of the state of New York, to bring the said E. B., forthwith, before ns, at the office of the undersigned, Gr. H., in , aforesaid. , Given under our hands at , this day of ,18 . S ' T ' ( =^'^***'"'*- [If the putative father, or the mother of a bastard, or of any child likely to be born a bastard, and likely to become chargeable, run away from their ordinary residence, leaving such bastard or child, the overseers of the poor of the town, or the superintend- ents of the poor of the county, may apply to any two justices of the peace of the county where any estate, real or personal, of such father or mother may be, i for a warrant to seize such estate. § 1360. Proof of the facts must be made to the justices.] § 2127. Bastardy — Warrani to seize ihejproperty of absconding father or mother m case of. See wnte, § 1360 ; also §§ 8, 9. Gounty of , ss. : To the overseers of the poor of the town of _ , in said county [or, to the superintendents of the poor of said county] : It appearing to u8, two of the justices of the peace of said county, as well by the representation and application to us made by the said overseers [or, tfie said superintendents], as upon due proof of the facts before us given, that 0. D. is the father of a bastard child whereof E. B., of said town, is now pregnant', and wliich, wlien born, is likely to become chargeable to said town [or, county], [or, that 0. D. is the father of a bastard child lately born in said town, of E. B., and which is chargeable, or likely to become chargeable, to said town] [or, county], and that said 0. D. has absconded from said town, which is the place of his ordinary residence, leaving in said county some estate, real or personal : We therefore, &c. [Uon chide as in § 2049.] 688 • BELIEF OE THE POOR. § 2128. Bastardy — Order reducing swm to he paid iy father or mother in case of. See ante, % 1331. County of , ss. : To the overseers of the poor of the town of , in said county [w, the superintendents of the poor of said county] ; Whereas, by an order of filiation by us made, bearing date the day of last, we did determine that C. D. is the father of a certain bastard child, then lately born in aforesaid, and did therein order, among other, things, that the said C. D. should pay to you, the said overseers [or, superintendents], for the support of said child, the weekly sum of one dollar, so long as said child should continue chargeable to said town {or, county]. And whereas, upon the application of the said C. D., we have this day inquired into the circumstances of the case, and heard the proofs and allegations to us submitted in relation thereto ; and it appearing to us, upon such inquiry, that the circumstances in rela- tion to said bastard child render it proper and expedient that4;he sum required to be paid by the said 0. D., by our former order, should be reduced, as hereinafter expressed : And inasmuch as you, the said overseers [or, superintendents], have shown before us no sutiicient reason against such reduction, although appearing before us \f>r, notified to appear before us and show cause, if any you might have], we do therefore reduce the sum required to be paid by the said 0. D., by our former order as aforesaid, to the weekly sum of Given under our hands, this day of , 18 . g "rp ■' i Juatioes. § 2129. Basta/rdy — N^otioe, ty stiperintendent or overseer, that ctppUoation will he made to the covri of sessions to increase the amowvt pay- able in tha order of fUaUon. See amte, § 1331 To C. D.: You will take notice, that I shall make application to the next court of sessions of the county of , to be holden at , in said county, on the day of , at ten o'clock in the forenoon, to increase the sum directed to be paid by the order of filiation, of which the annexed is a copy, for the support of the bastard child therein named ; which said application will be founded on the affidavits, copies of which are also annexed. Dated at , this day of , 18 . L. M., Superintendent of the poor. FORMS. 689 § 2130. Bastardy — Ifoiiceto le given to sujyerintendent or overseer for reducing amount in order of filviUon. Sec ante, % 1331. To L. M., snperinteiiclcnt [o?-, overseer] of the poor: Yon are hereby notified tliat I shall make application to the next court of sessions of the county of , to be lioldon at, in said county, on the clay of ,18 . at ten o'clock in the forenoon, to reduce tlie amount directed to be iiaid by tlie order, &c. \as in % 2129, except that the notice must le signed hj the other 2Mrty]. / [Tlie above notices, witli the accompanying papers, must be served on the party to be notified at least ten days before the appli- oation is made, by some person -who can make an afKdavit of the fact. Under § 1332, any person aggrieved (unless he has given a bond to indemnif^y the f)ublic) may appeal from the order of filiation made by two justices, to tlie next court of sessions. If a bond for appearance \\a& been given by the father or mother of ii bastard, tliat bond, by §1332, is to' be regarded as an appeal from the Older of filiation. Jf no such bond has been given, the person appealing must give notice to the two justices making the oi'der, in the following form :] § 2131. Bastardy — Notice of appeal from order of fliation. See ante, § 1332. County of , ss. : To Ct. n. and S. T., Esqs,, justices of the peace of said county : You will take notice that the undersigned, conceiving liimself aggsieved by the order made bj- you, of which a co])y is annexed, here^by appeals therefrom to the next court of sessions to be holden in said county. Dated at , this • day of , IS . C. D. [A copy of this notice, with a copy of the order, must be served on tlic justices and on the opposite party, by some person who can make au affidavit of that fact.] S7 090 RELIEF OF THE POOR. § 2132. Bastardy — Release or compj'omise in case of. See ante, §§ 1377, 13S1, 1382. State or New York, \ . County. ) " Know all men by these presents, that, whereas, complaint was made on the day of , 18 , before , Esq., a justice of the peace of the county of , by , on oath, diaririnji; with being the reputed father of a cliiid, of which the said is now pregnant, and wliich, when born, will be a bastard, and likely to become [or, the father of a bastard child, of which tlie said was on the day , 18 , delivered, and which said child is] chargeable to said county ; and, \ "Whereas, the said was arrested on said charge, and brought before and , justices of the peace of said county, and the father of said child (of which the said is now pregnant), [or, so horn a bastard], as aforesaid. * Now, therefore, of the poor of said county, for and in consideration of the sum of dollars, to ^ paid, as such superintendent , and by virtue of the statutes in such case made and provided, do hereby coniproniise the said charge, and release and discharge the said ' from all liability to tlie , or to the superintendent of the poor thereof, by rea- son of tlie liability of the said to suport the said [or, bastard] child, or from any other cause, by reason of the birth of said [w, bastard] child. Given nnder hand and seal this day of 18 . Signed, sealed, delivered, and \ duly acknowledged in the pres- v ence of aud bcibre ) , Justice of tlie Peace. % 2133. Inn, Ta/oern or Hotel Keeper — Application for license. See anfe, §§ 1560, 1574. To the board of commissioners of excise of the town \or, village or city, as the case may be] of , in the county of : The undersigned respectfully represent that he desirous to sell and dispose of strong and spirituous liquors, wines, ale and beer, in quantities less than five gallons at a time, to be drank on the premises [to be known as the "A. B. Hotel "], at , in said of , proposing to keep an inn, tavern or hotel thereat, aud to this end present to your FORMS. 691 honorable body tho petition of twenty fi-cebolders, as required by law, and pray in own.belialf as the only person intended to be interested in the business aforesaid that may liavo "a license, as above stated, pursuant to law, upon paying such license fee as may bo lawfully required in the premises. Dated at , 18 . • § 2134. Inn, Tavern or Hotel Keeper— FreelioldcrS petition for license to. See a?li!e, § 1574. To the board of commissioners of excise of the town [or, village or city, as the case may bej of in the county of : The undersigned petitioners respectfully represent to your board that they are severally freeholders of the state of New York, and residents of , election district, in the of and county of Your petitioners further respectfully represent that A. B., who is a resident of said election district in the of and county of , is an applicant for a license to sell strong and spirituous liqnore, wines, ale and beer on the premises in said and election district, w^hei'o he proposes to keep an inn, tavern or hotel, known as the "A. B. Hotel ;" that the said A. B. is a person of good moral character, and has sufScieut ability to keep the inn, tavern or hotel, and the necessary accommod-ations to entertain travelers ; and, further, that an inn^ tavern or hotel is required at the same place for the actual accommodation of travelers. Your petitioners further represent that they have not signed any other memorial during the present year for any other license to be granted in the same Your petitioners therefore ask that a license may be granted to said applicant to sell strong and spirituous liquors to be drank on the^preraiscs aforesaid. day of , 18 . I ii ,tliis Dated 1 2 3 5 G 7 8 9 10. Signed in the presence of 0. D. 12 13 14 15 IG 17 IS 19 20 692 RELIEF OF THE POOR. County of , ss. : C. 1)., of , of , being duly sworn, doth depose and say, that he is the subscribing witness to tlic above memorial ; tiiat lie ]r ns liabitnal drnnkards, uilli the view of ascertaining wiio of the per- sons so confined are fit and proper siil)jccts to be transferred to said Home Whenever the trnstces shall detertn,inc that any person is, a fit and proper siiliject to lie so traiisi'errod. they shall certify the fact to the presidertt; which certificate shall contain, as near ns can be ascer- tained, tlie followinainformation: Name and aito of the person; where born; residence: whether married orsinsrle ; if married, the family; trade or occupation ; how long addicted to the nse of IntoxicaMng liquors: Iidw often arrested or imprisoned for tiie same ; wnether ever accused of any otiier" offense, and if so, what, and its disposition; state of health, and such further informa- tion as said trustees may deem proper. • • * It shall bethe duty of said trustees, when so ordered by a vote of the executive committee^ to receive, liold ajid invest all moneys and other property received by tlic corporation b^ gift, devise or bequest: and who shall draw, re-invest and manage the same, paying Iho princn)al or interest thereof to the treasurer, wbon so directed by tlic exocntivo committee. * « • The trustees sliall have power jointly with tbecxecutivo committco to fill liny vacancies that may occur in their number." ' 702 EELIEF OF THE POOE. arrested for the same offense times. For vagrancy times. Other offenses times, viz. : that state of Iiealtli is OTHEK INFOKIIATION. Trustees. §2153. T/ie Inebriates' Home for Kings county — Certificate of president for transfer of jirisoners. See««^ .f '. 54 city and town officers to comply with rules, etc., made by supervisors, § 194, ; 52 city and town poor to be removed Ixy-overseers to almshouse, § 199, . . 54 Cohoes, overseer of, § 192, 51 comiJbn council of city of Albany to appropriate or expend money by "•■ ■ a two-third vote, § 195,. . : ; .■.-..'.'.■ . . .' .'. ; . . i . . - ■•'.•■■■.■ 62 common «onncil'to determ^ine srtm to be i-aisedfoi* poor purposes, § 197," 53- common council to make ordinances concerning beggars, vagrants, etc., §197 ,....-.. ...: 53 disorderly persons in Albany, § 204, 55 husband or wife to be witness, § 204, ... ..,.......,., 55« duty of magistrate in case oJ^ § 204, , , 55 . distinction between town and coimly poor may be abolished, § 198,. . . 53 " duties of clerk of board of supervisors, § 194, 52 false swearing before overseer to be perjury, § 196, 52 , justice."! in city of Albany, may convict vagrants, § 205, 55 term of commitment, .§ 205, , 55 . mayor and recorder of city of Albany to make rules and regulations for Ranting terhporarj' reUef, § 193, - 51,-52 . . mayor, etc., of city of Albany to have charge of almshouse and farm, §200 54 mayor, etc., to appoint superintendent, etc., § 200, , 54 in&yor, etc., to disburse and account for poor money, § 201, 54 , ■ mayor of Albany to appoint overseer, § 197, 53 . " money appropriated to be by two-third vote, § 195 ; 52 " oaths and affidavits may be takfn by overseers of Albany city, § 196,,. 52 office of county superintendent abolished, § 191, , . . ^ 51 overseer of city of Albany to take affidavits, and administer oatlis, ^ §196 52 , overseers to remove poor to almshonse, § 1 99, .' , . . . . 54 expense of removal, how borne, § 199, 54 physician to be appointed by mayor, etc., § 200, 54 physicians' and counsel fees, how audited and paid, § 193, 52 poor moneys to be paid to chamberlain, § 201, 54 poor officers in county, their pay, etc., and how regulated, § 190, 52 poor officers of city of Albany, how appointed, § 197, 53 oath to be taken by, § 197, , 53 official bond to be given by, § 197, 53 salaries of, how fixed, and when to be paid, § 197, . . . .' 53 term of office of, § 197,' 53 powers of overseer in Oohoes, § 192, 51 Saint Vincent's Roman Catholic Orphan Asylum in the city of Albany, §§218-221 58 salaries of overseers, superTisors, mayor and recorder to determine, §193, 52 Society for the Belief of Orptian and Destitute Children in the city of Albany, §§ 208-215, 55-57 superintendent of almshouse and farm, by whom appointed, § 200, . . . . 54 supervisors, mayor and recorder, to prescribe rules and regulations in relation to temporary relief, § 193, 51, 52 supervisors to audit alaishouse expenses, and salaries of employees, § 203, '. : 55 supervisors to cause ponr moneys to be raiRed, § 197, 5;! temporary relief in, § 193, 51, 52 teinporary relief may be granted by overseer, § 202, 54 INDEX. 707; Albany county — ((7on*in«ed) ,^„; temporary relief in, not to exceed $10 to one family, § 202 54, 55 may exceed $10 in certain cases, §202, 55 order from justice not necessary, § 202, 64i who to receive poor^moneys, § 197, '. 53 Ale and beer, license for sale of, § 1587>, 482 Allegany county, §§ 222-229, 58, 60 accounts of superintendents to be audited by supervisors, § 222, :,, 58 distinction between town and county poor may be restored in, § 229, . 60 determination of supervisors to restore distinction to be filed with clerk of county, § 229, 60 clerk of supervisors to certify determination, and file with county clerk, § 229, : . . . 60 , commitments of certain children, may be made to Society for Protec- tion of Destitute Roman Catholic Children, from, §§ 396-410,.. . 118-124 ; maintenance of poor in, § 229, '. 60 superintendents' accounts, how audited, § 222, v 58 supervisors to audit superintendents' accounts, § 222 58 superTisors may restore distinction between town and county poor, § 229, 60 unlawful to put up at auction or sale the keeping of any poor or indi- gent person, § 229, 60, 61 Almshouses, beggar children may be committed to, § 1284, 396 property of, not taxable, §§110, 111, 33 visitation by stale commissioners of public charities to, and their report to legislature thereon, § 1250, 387 vagrants, when may be committed to, J 1283, 395 American Female Guardian Society. (See " New York Coutfty.") Animals running at large in public highways, §§ 1989-1998, 617-622 Appeals, bond, when to be considered an appeal, § 1332, 411 from order of filiation, § 1332, 411 jiroceedings on hearing of, § 1336, 412 Appointment of keepers of county poor-houses, § 21, 10-12 vacancies in office of county superintendent of the poor, filling by, §§23-26, .....12, 13 Apprentices and servants, binding out of, §§ 173-181, 1386-1417, 45-48 423-429 , compelling of, to serve, § 1403, 426 cruelty to, by master, §§ 1406-1408, ■. 427 misbehavior of, §§ 1404, 1405, 427 penalty for absenting themselves, § 1403, 426 children bound as, by Society for Aid of Friendless Women and Child- ren, §§1555-1557 470, 471 not to be restrained in using trade, etc., §§ 1413, 1414, 428 sale of liquors to, prohibited, § 1583, 481 Appropriations, benevolent societies to make annual report in order to ob- ■ tain,§14gi, 449, 450 Assessors, duties of, respecting insane persons, § 1717, 520 Aissociation for the Belief and Protection of Friendless Children of Germany. (See " New York County.") Associations, benevolent and charitable, formation of, §§ 1478-1492, . . 445-450 Asylum for Idiots, the, discharge 6f pupils from, and duty of superinten- dents of poor in respect thereto, § 1820 550 duty of county judge respecting sending pupils to, § 1819, 649, 550 laws relating to, §§ 1802-1823, 543-551 pupils at, manner of receiving, § 1819, 550 names and residences of, etc., to be entered, § 1817, 549 resident officers of, exempt from jury and militia duty and highway labor, § 18 U ■ ■ • • • V. V =! J superintendent of, his powers and duties, § 1810, , 546, 547 T'OS" INDEX Asylnm for Idiots, the — ( Continued.) pao».' " supervisors' duties respecting Clothing of pupils at, § 1818; , 549 treasurer of, powers and duties of) §§ 1815, 1816, ....... 548 Asylums, orphan, surrendering.to, and binding out by, of children, §§ 173- ■ 181, ;...;..... ...'.... 45, 46 ? • records of children received in, and bound out by; to be kept, , " §177... • 45, i4ff Attetion, mftintenancfe of p^or per^oJls not tb be put up at, §125,. .... .... '^ 36 A^tftlitorS, town, duties of, respecting accounts of overseei-s of the poof,'^ •^§ 4©, *i;. . . .' -. • ■ 16 ' • town, duties of, respecting costs recovered' against overseers,'f§ ,105- aor, . . : . . . . . . . . v. . . . . . .. .'. • '32, 33 Bankin", penalties for unauthorized, to be paid to county treasurer for use of the poor, §190, : . '. .'.'.7. ' 49 Bastards, allowance to be made to' mothfer of, when, f 1882, :..... 422 compromise with father of, §§ 1376, 1377, 1379, 420, 421 father of, when to be diseharged, §§ 1323, 1338; : . . . . 409, 412 father or mother, refusal bf, to appfear, §§ 1341, 1342, ...... . .■. . : .. • •;■ 413 fees of justices in case of, § 1385, .'. . : '..'.. .'.I.". ','.'. .'. "'422 how supported, § 1310 .....:...... :; .....■...'.;'■.".', 405 if not born, hearing nray be adjourned, § 1337, 412 , ' mother and child not to be removed, unless voluntarily, §1362, . . 417, 418- ' mothers of, to receive moneys paid on compromise, ''vhen, § 1381, .... 422 poWte of oommi.^sioners of emigration re,«pecting, § 1378, ...... . .'. .' '421 proceedings against father or mother of, absconding, § 1360; ' . . 417 <■■'' -putative father, compromises with, §§ 1376, 1377, 1379, ; ..... ... . 420, 421, removal of mother of, prohibited, § 1311, . . 405 settlement of, how determined, | 1369 419. ■ support of mother of, tiovf compelled, § 1312, .: .. 405, 406' to be supported as other paupers, by .superintendents, §§ 1361-1366, 417, 418 weekly allowance to be paid by fsitlier of, § 1322, 408 when supported at the poor-house, and charged to the town, § 1374,. . 420 Wlien to be supported by mother, § 1329, . . '. 410 who afe, § 1309, ; ''...■ , ... 405 Seggar children, binding out of, 'by poor officers, § 1284, ; 396 ^ ' commitmentof, to poor-house,' § 1284«i 396'' Beggars and vagrants, trial of, § 1292, 398, 399 village, §§ 1291-1298, ; ; : 398, 399 Bequests and devises. New York State Institution for the Blind authorized • to receive, § 1525,. .... '459 Benevolent and charitable assooiations and societies, annual reports to be' made to the le|iSlatn««, § 1491, ' 450 ■ -bequests and devises to, limited, § 1484, ■ 447 corporations, when deemed formed; may hare and use a common seal ; may sue and be sued ; their authority to take and hold prop- erty, and to elect or appoint officers or agents, § 1480, 446 ' ' dissolutic«» of, not to be caused by omission to hold election of trustees, etc., § 1482 : 447 forjHMidn of, § 1478, 445 institutions formed under this act subject to visitation by supreme court justices, or by any person or persons appointed by the sunreme court for that purpose ; certificate to be made by trustees in Cecertiber in each vear, and filed with county clerk; what such certificate to con- tain, 1 1486, 448 leasing and selling real estate of, how and when authorized, § 1490, . . .' 449 •liabilities of trustees for debts of, § 1485, : 448 mortgaging of real estate of, how and when to be authoiized; etc., §1489 ,49 - provisions of chapter 319 of 1848 not to extend or apply to certain, §1483, U47 INDEX. »709 JPjjgjpTolent and charitable associations and socieliies!-^(Con.. . 449 re-organization of, § 1479, j 446 ^reports tobe made', by, before moneys appropriated to, can be paid, >i 0'> . §1491 449 flehool moneys, orphan asylum societies to share in, and such societies CO to.be subject, to certain rules and regulationa of cotamon schools, § 1492, ... .^ ..^ i :: .... 450 03 trustees, their election, the classification and the mode, of forming IS . .boards of. trustees;, vacancies among trustees and in bbard ; theueoJ, 13 . how supplied,, etc., §1481, .......,- 447 JBetting and gaming, penalties for, when to go to the poor, §§: 1421, (1423, - Mao, 14a3,7lj442,. 1453, 1454,. 1456, ■.--4&1-439 Knc^ng out by jorphan asylums,. §§ 175-181, „...,]:.... 'i 45, 46 Bhnd Mechanics' Association, admission of members and apprentieep, to.betljO! approved by superintendent of public instruction, § 1538, 463 leading objects of, § 1537, ..'..,.... . v .> 4 . i i, 463 managers of, powers and duties of, § 1538, ■:. 463 NewrSorit Institution for the, §§ 1532-1536, . i ;-. 461^ 462 iC~: New York State, board of trustees, auxiliary to the NationaHaoard of , ■ trustees or board of regents of the American Printing House and University, for the, § 1538, ; .... 463 , ,. . New York State Institution for the, .§§1493-1531, 452-460 pupils at, when expenses for, to be defrayed by overseers of poor. ;*"' or counties, §§ 1522, 152;i, , 458, 459 J . when by parents, guardkins, etc., ' §§ 1521,. 1524, ..;.... 458, -459 ©parding-houses, .regulations concerning emigrants, §§ 1887, 1888, . ; . . 577-579 Bonds, a breach, what deemed to-be, § 1356, . . .■ j 416 breaches in, after commencement of suits, § 1357, 416 costs on, in certain oases, how paid, § 1358; '. 416 (i,) disorderly persons, when taken from, § 1297, v . . 400 father, when to be discharged from, § 1338, . j . ■. .Jjo 412 i father to give, if order of filiation is affirmed, § 1339, ........... 412 for appearance at sessions, deemed .an 'appeal, § 1332, > 411 to be transmitted to clerk of sessions, §§ 1334-1353, 411-415 • fbifeited, when, § 1341, ;....:..... 413 may be required of mother whorefiises to perform order for support ^ bastard, § 1330, • • ■ • 410 may be taken on adjournment of examination of putative father, § 1320, 407 not to prevent actions for expense of bastards, § 1359, 416 ' of overseers of the poor, §§<33, 34, 1367, ■:. 13, 418 of superintendents, •■penalties in, how to be fixed, and the sureties, how approved, § 28, - • 13 its form, § 30, •••• 13 when to be filed; § 27, r....... 13 whcsre to be filed, § 30, ......,.: 13 on conviction for removing pauper from another State into this -State, fi ]_Q2 ,...,....'... ♦' 32 , prosecuted,'when to ijejgi 1354, 1355, 415, 416 suits on, for penalties on, § 104, • • . . j 32 > suits on superintendents,, to correct, § 38, 15 to be taken of person charge'd with being father of bastard, § 1316, . . . 406 penalty of, § 1324, ■ 409 uponbinding.out of children, § 181, 46 Books, papers and records, demand by and surrender to town officers, • §§ 147-151,... ^^' *" papers and records, proceedings to compel delivery, § 151, 40 Brokers, suits against, by overseers, § 190, .j . . i: •' »» ,710 INDEX. Brooklyn Eye and "Eat Hospital. VAsa. (See " Kings County.") Brooklyn Industrial School Association and Home for Destitute Children. (See "Kings County.") Broome county, distinction between town and county poor may be restored, § 229, 60 determination of supervisors to restore distinction to be filed with clerk of county, § 229, 60 clerk of supervisors to certify determination and file with county clerk, § 229, ;. ; 60 OTerseer in Biiighamton, election of, § 230, 61 powers and duties of, § 231, 61 term of o£Sce of, § 231, 61 unlawful to put up at auction or sale the keeping of any poor or indi- gent person, § 229, 60, 61 Buffalo, city of. (See "Erie County.") Juvenile Asylum. (See "Erie County.") State Asylum for the Insane, appointment of medical superintendent and other officers of, § 1766, 534 laws relating to, §§ 1760-1773, : 532-535 resident officers of, who denominated, § 1766, 534 salaries of, and allowances of treasurer, how determined, § 1767, 534 Carriers of passengers. i' (See "Emigration, Commissioners of;" "Emigrants;" "Quarantine.") Cattaraugus county, distinction between town and county poor may be re- stored, § 225, S6 supervisors may. restore distinction between town and county poor, § 225, 59 determination of board to be certified by clerk, and filed with clerk of county, § 225, 60 clerk of jsupervisors to certify determination and file same with county clerk, § 225. 60 committments of certain children may be mnde from, to Society for Protection of Destitute Roman Catholic children, §§ 396-410,. . .118-124 poor-house farm in Machias may be sold by order of supervisors, § 262, 69 supervisors may remove county poor-house, § 261, , 69 may sell poor-house farm in Maehias, § 262, 69 Thomas Asylum for Indian Orphans on Cattaraugus reservation, §§ 263, 270, 69, 71 corporation to hold real and personal property, § 263, 70 in case land purchased or leased not needed for purposes of corpo- ration to revert, § 265, 70 orphans to be selected by trustees from reservations, § 268, 71 state to appropriate $500 per year for two years for asylum, § 266, 70 superintendent of public instruction to visit and inspect, §269,... 71 to report to superintendent of public instruction, and commission- ers of Indian affairs, § 269, 71 what report to contain, § 269, 71 treasurer of state to pay $1,500 toward completion of asylnm, §270, 71 trustees may lease or purchase land from Indians for asylnm, §265, 70 quorum, § 264, 70 to fill vacancy, § 264, 70 to, select orphans from each of the Indian reservations, §268,. 71 to share in state appropriations, § 267, ... 71 CJayuga Asylum for Desticute Children, §§ 241-^48, 64-66 children bound out to be educated by master, § 246, 66 INBEX. 711 Oayuga Asylum — ( Continued.) pa»b. children surrendered to society may be bound out by managers, § 246, '66 j|.: corporate powers of .society .to be exercised by .nine trustees, §-242, .... 65 v._ corporatjon property vested in a board of trustees, § 244, .-. 65 ,' domestic concerns of society executed by board of female managers, 8.242, ;.. .ji... : 65 .; : duties of officers and servants prescribed, by trustees, § 245 ; . . 65 m.anagers may bind out children surrendered to their care, § 246, . . ,; j 66 inanag.ers tp reside in. Caraga county, - § 242, ; . * 65 orphan, half-Orphan, and destitute ohildrea to be. provided for by, .. §241, ;. ^' 04 property of .corporation managed by a board of trustees, § 244, . . ; 65 provision to be made for education of children bound out, § 246,. . -uv.t 66 ach.ool of society to be district school of city of Auburn, § 247, 66 society BB titled, to money .appropriated to orphan afiylums in state, 1 248, : 66 SQoiety entitled to share of.school moneys, § 247 66 society to provide home for orphan, half-OTphan, and destitute chil- 4ren,..§ 241, 64 , superintendent to contract with managers to board and clothe children; i " §248 66 trustees to choose ofiScers of society, § 245, 65 whp to.be members of society, § 243, 65 Cayuga oounty, accounts of county auperintendents to be made out in items and duly verified, §237, ...■. 63 not to be audited, unless made, out in items, §.237, 63 annual statements to be made to supervisors by superintendents, § 238, 63 - ; ; Ijinding out of children by overseer, § 257, 68 book to be kept by overseer, § 239,.... ...■..• 64 common council of Auburn authorized to restrain and punish vagrants, §254, .;> 67 may remove overseer or constable, § 254, 67 ,to .fix. salary of overseer, § 260, 1 ...^ , 69 V indigent persons in Cayuga county, hov? supported,- § 256, 68 instructions of supervisors to be carried out by superintendents, § 240, 64 one overseer to be elected. in Auburn, § 252, :■; 67 terra of oflSce of,. § 252, ■. ; 67 one superintendent to be elected annually in Cayuga county, § 233, . ; . 62 orphan asylum of the Holy Family Society of city of Auburn, § 249,. 67 children, bound, out to receive suitable education, § 250, 67 children surrendered to care of, may be bound out, § 250, -. 67 mayor of Auburn to be guardian of certain children, if jboth pa- . . .renti3.dead,.§250, ..^ ■ 67 mother rpay surrender child, if father dead, § 250 67 objeots.of, § 249, 68 orphan, half-orphan,, and destitute children,' reception and relief of, . §249, ....: 67 overseer of Auburn, compensation or salary to be fixed by^ common ' council, § 260, ...-•. .• 69 may he removed for neglect of duty, incapacity or oflacial miscon- duct, § 264,.. ..w 64 powers, duties and liabilities of, § 255, . .' ■ . . . 67 to keep office in city at some convenient place, § 255, •.•■.■■■ ^® to report to common council detail of expenditures, appropriations ' . and allowances, § 255, ••• #...._.. 68 oserseers and superintendents to carry out instructions of supervis- ors, § 240 64 poll. tax in Moravia, § 251, < •> 67 poor accounts of Auburn city, how audited, % 258 68 : . powers of overseer. in Auburn, § 257, i ....;.... 68 712 INBEX, GayBga county — (Continued.) '*"• po'tf^ of: Buperrisors. to regulate fumishiug supplies and temporary re^ Uef, §240, .. 64 salary of overseer in Auburn to be fixediby common council^ § 260, .. 69 »tfttements to be madd by superintendents annually, § 238y < : .;j , . ; ^ <...!.• .i. .... . • 59 Chen»ung county, contracts may be made for support of poor,-,§ .355,. . .... 100 Elmira, city of,itc> elect one overseer, §276, ......' ...(..• 73 ■'.. common council to fill vacancies in office of overseer, § 278,, . 74 :;. to fix compeflsation of overseer^ § 277, 74 I .;• estimate of .poftP- fund to be presented to common council by over- seer, § 278, ,.i , 74 overseer in, his pftwers and duties,. § 277, 74 :. , .to .give security, § 278 i.. -.u-.-. 74 to |idd office one year, § 279, ., ,. 74 t?;; .. ,. to present estimate of poor fund necessary, § 278, ..i 74 V' . salary of,«to be fixed by common council, § 277, 74 Vri\ public intoxication in, how punished, § 279, . . . i. . j . ., 74 statement to be made by council to board of supervisorsji § 278, . . 7i ,1? . ; supervisors to cause poor fund to be raised, and paid over, § 278, .' . 74 - .- vacancy in office of overseer to be filled by common council, § 278, 74 vagrants in, to be committed to coui;ty poor-house or jail, § 279,. 74 office of superintendent abolished, when, § 855, 101 C'l |>obr .expenses in, to be audited, by supervfedi's, § 275,. .i 73 poor-house and farm may be sold ; avails, ho.W applied, /§ 355, 100 superintefldent in, when dffioe of, abolished, § 335, .v ............... . 101' supervisors may change mode of supporting poor, § 355, 100 •■ may. contract for support of poor, § 355, 100 ft • tB^udit poor expenses, § 275, ...i ; 73 Cliildreu;. binding' out of, by orphan asylums, etc., and duties in respect .-: thereto, §§ 173-181, ; 45, 46 consent to. binding, ;who may give, I 1387,1 424 how given, § 1388 424 overseer or justices, when may give, § 1387,. .:. 424 ' bond required upon the binding out of, § 181, 46 - bound as apprentices,. etc., who may, be, § 1386, ; 424 '}'. bound out by. orphan asylums, when not to- be, § 177,. 45, 46 compelled,, when and how, to support their parents, §§ 1-12, 6-9 deaf and dumb, §§ 1540-1549,-, ;;:... i '; 464-468 rC efnigfation commissioners may \)mA, § 1871, .... 573 PT emigration commissioners power over pool" and bastard, § 1S68, 573 "" executors,, when may bind, § 1389, 424 father and mother absconding from, duty of overseer in respect to, §§5-9, 8 idle and truant in villages and citjes, §§ 182-184, . . . ._ 47, 48 ' " indentures of, by superintendents or overseers, § 1395, 425 counterparts of, to be filed, § 1396,. .i 425 gum of money agreed to be paid to be inserted in articles, § 1394, 425 to be valid must be in manner prescribed, § 1400, i,.v 426 ; i what to contain, §§ 1393-1395, 425 ' ■ Indian, consent to binding of, how given, § 1392, '. 425 ' " names of, not to be changed by orphan asylums, etc., § 181, 46 of foreigiaersj binding of, when and how, §§ 1397-1399) ....... 425, 426 overseers, when may bind, § 1390,.. . . .; '....,. 425 overseers and superintendents, when, may surrender to orphan asylums, '■'■■ etc., §§ L7.6,.177, '• 45, 46 pauper, education of, and expense, §§ 42, 43, .........;:.. . 16 records to be kept by institutions receiving, §§ 179-181, 46 Children's Aid and Reform Society. (See "Brie County.") Ghildren,.Sbcietyifor the Aid of Friendless Women and, §§ 1555-1570, 468-471 714 INDEX. Children — ( Continued.) »*•*• aiiperintendents and overseers to be guardians of such as are bound to service, § 1401, 426 superintendents, when may bind, § 1390 424 superintendents of the poor, when may send to New York Infant Asylum, § 789, { 245 supervisors of counties and overseers of towns authoriied to contraoi with Orphan Home and Industrial School Of the Holy Saviour for support of certain orphan and destitute, § 1072, 325 surrendering of, to orphan asylums, etc.) §§ 173-180, 45, 46 Church Charity Foundation of Long Island. (See "Xings County.") ' CSties, emigrant poor, §§ 1863, 1864, 571, 572 excise moneys from licenses in, to be paid to treasurers of, § 1663, .... 476 poor officers of, reports by, to secretary of state, § 1238, 384 to report to superintendents of the poor annually, § 1239, 384 reports by poor officers of, to secretary of state, § 1238, . .' 384 Chronic pauper insane, provision for, and sending of, to Willard Asylum, §§ 1741, 1742, ' 526, 527 Clerks, of boards of supervisors, duties of, in respect to abstracts of over- seers' accounts, §§ 119, 120, 35 of boards of supervisors, duties of, when distinction between town and county poor abolished, §§ 60, 54 18, 19 town (see "Town Clerk"). Clinton cqunty, a part of Hudson River State Hospital district for the in- sane, §§ 1751, 1752 . 530, 531 poor-house and lot at Plattsburgh to be sold, § 282 75 poor-house may be removed by order of board of supervisors, § 280. . 75 new site may be purchased, and buildings erected thereon, § 280, 75 poorrhouse farm at Beekmantown may be sold, § 281, 75 proceexls of sale of Plattsburgh poor-house and lot, how applied, § 282, 75 Cohoes, overseer in, § 192, 51 Columbia county, a part of the Hudson River Statfe Hospital district for the insane, §§ 1751, 1752, 530, 531 county superintendent, term of office of, § 285, 76 Hudson, overseers in city of, how chosen, § 283 , 76 powers and duties of, §§ 94, 284, 29, 76 Hudson Orphan Relief Asylum, annual appropriation for, § 286 76 children may be transferred to, from county poor-house, § 288, . . < 76 how money raised for, § 287, 76 binding out children by, § 291 77 children at, when may be returned to poor-house by .managers, §288, 77 children may be bound out by, § 291, 77 children surrendered to, to be reported to supervisors, § 289, 77 county treasurer to pay bills of, audited by supervisors, § 260, .... 77 support of children surrendered to, a county charge, § 290, 77 superintendents of poor to report to supervisors number of children in . poor-hnuse and number surrendered to Hudson Orphan and Relief Asylum, § 289, 7? Commissioners of Emigration, powers and duties of, §§ 1852-1922, .... 559-592 (See "Emigrants;" "Emigration, commissioners pi.") Commissioners of Public Charities and Correction. (See "New York County.") Commissioners of Public Cliarities, State, §§ 1245-1258, 385-389 Commissioners of Quarantine. (See "Quarantine.") Common school fund, denominated what, §§ 59, 60, 20 suits in respect to, by supervisors, § 62, 20 Common schools, orphan asylums subject to regulatioqe of, when, § 1492, . . 450 INDEX. 715 eoMpensation, overseers, § 138, ; , "33 Contracts,, officers of towns, cities and cou'nties not' to be interested in 'cer- * . tain, -§§ 152-154, , 40 void, when may be declared, § 15*3 ..'."!.'.'.!."!!.'!!!.'."!.'.'.'!.* 40 Conveyances, authority to benevolent societies to make! '§1490,* .........'. 449 Corporation, county superintendents to be, § 38, ; 14 Cortland county, distinction between town and county poor, how restored, \ § 229,', . . . ,;ji.u __• 60 : supervisors to file. determination to restore distinction between town ' and county poor with county clerk, § 229, 60 unlawful to put up at auction or sale the keeping of. any poor or indi- gent person, §229,.... qq, 61 Costs apprehendmg putative, father, § 1332, 408 appeal from order of filiation, § 1345 414 ■ ' overseers,. duties of, auditors respecting, §§ 104r-107, '. ,'. 32, 33 suit on bond of putative father; §' 1332, ,- 416 ; .^ superintendents, when may award, and how may be recovered, § 68,.. 22 Counties, claims by, against .parents or estate of pupils at New York State ( .' Institution for the Blind, § 1524, ', . . 459 5 U emigrant poor in, indemnification -for support of, §§ 1863, 1864,. .:571, 572 '■■ > indigent pupils at New York State Institution for the Blind, when cer- . : tain expenses of, to be defrayed by, §§ 1522, 1523, 458, 459 County and town officers, moneys recceived by, their duties respeotin?, §§185-187 ;.. 48' « poor, distinction between, how may be abolished or revived, §§ 53y- 54, . 19 County charge, expense of removal of paupers from poor-houses in cases of "= dangerous diseases, § 78, .* 25 poor expenses, how may be made a, §§ 53-56, 19 in Warren, Washington, Saratoga and Genesee counties are a, §52, 18, 19 County clerk, duty of, respecting list of insane persons filed by assessors, §§.1717, 520 County judge, duties of, respecting sending pupils to the Asylum for Idiots, : §1819, 549, 550 J his powers and duties respecting lunatics, §§ 1696-1700, 1722, 1743, 514-516, 522, 527 insane criminals, his powers and duties respecting, §§ 1796, 1800, 541, 542 power of, to commit habitual drunkard to Inebriate Asylum, § 1837, . . 556 (See "Geiiesee County."), County officers, misdemeanors by, § 189, 49 County poor, accounts relating to, to be audited by supeiintejidents, § 39, . . 16 annual estimate of expenses of support of, to be presented to supervis- ors, § 88, i 28 duties of superintendents respecting, §§ 70-73, 23, 24 County poor-houses, expenses for the erection thereof, and for purchase of lands therefor, § 16, 16, 17 County treasurer. (See " Treasurer, County.") Court of sessions, accounts to be rendered to, by superintendents and over- seers, § 1360, . . 417 appeal to, from order of filiation, § 1332 411 bastardy proceedings in, §§ 2-7, 1303-1360, 6-8, 401-417 bonds for appearance of father of bastard to be sent to, § 1353, . . 415 duties of, in relation to disorderly persons, §§ 1303-1308, 401, 402. duty in relation to father or mother of bastard, imprisoned, §>1349, 414 father or mother of bastard can only be discharged by, § 1352,. . .• 415 father of bastard refusing to appear to forfeit bond, § 1341, . J . . ... 413 ' '•' 'ustice in certain cases not to sit on appeals, § 1333, 411 may adjourn hearing, when, § 1337, 412 : may affirm or quash order of filiation, § 1337, 412 7.16 INDEX. . ■■ \f Court jo£. sessions, . bastardy proceedings in-"( Contintud.) »*«■. may discharge order against mother of bastard, § 1343, ,. 413 may increase or reduce amount named in order of filiation,' § 1331, .... 410 mothier.of bastard to give bond. to appear atj § 1330, 410 -' proceedings of, ou hearing appeal, §1336^ . i.^ ;. ...'412 . where mother of bastard does not appear, § 1342, 413 putative father of bastard to igiTe bond to appear at, >§ 1322, 408 ' return by overseers of inventory and proceedings. under warrant of seizure against absconding father, moUier, or husband; § 9, i 8 ' ti award costs on appeal, § 1345, .....:......,..,,. 414 to cause bonds to be prosecuted, < § 1354, 415 to commit father of bastard, if he neglects or refuses to execute bond, §1340,. V'..... .:.... ......'413 to give notice, of discharge of father or mother of bastard to overseer . or supe.-intendent, § 1351, -..i 415 when to award costs to defendant, § 1358, ...;■..* ^^..' 416 When to discharge father of bastard, § 1338, . . : 4i2 when to discharge father or mother of bastard from imprisonment, . ' § 1350, 415 ; 'vtrhen to enforce payment of costs, and how, § 1346, ; . . . . 414 when to make original order of filiation, § 1347, i.: . . 414 when to require bond of putative father, § 1339, 412 when to require mother of bastard to execute bond; § 1344, 413 Cburt, powers of, to compel father, mother, or child of poor person to sup- port such poor person, §§ 2-7 < 6-8 Criminals, insane, and asylum therefor, §§ 1787-1801, < 538-543 Dfeaconess Institution of the Evanjrelical Lutheran Church. .(See "New York County-") ; Deaf and dumb, children who are, regulations concerning their admission to either the New York Institution for the, or the Institution for the Improved Instruction of Deaf Mutes, §§ 1540-1549,'. ..... 464r469 (See ".Emigration, Commissioners of ;" "Emigrants.") Debts, created for spirituous liquors, when void, § 1678, 480 Decisions by superintendents, their effect, §§ 38, 68, 70-73 15, 22-24 to be filed, attd copies thereof to be evidence, § 73, 23, 24 Definitions, under act organizing State Lunatic Asylum, § 1718 520 Delaware county, Margarettsville Reireat, incorporation of. § 292, 78 board of state charities to visit asylum and examine manner of treat- ment, § 295, ■ 78 couuty judge to commit insane and drunkards, on application of rela-- tives. § 294, 78 drunkards and insane committed on application of 'relatives, § 294,; . . . 78 Retreat subject to visitation of board of state charities, .§ 295, 78 superintendent to be appointed by trustees, § 293, 78 duties of) § 293 78 .snperiatendent and assistants to be physicians, § 293, 78 trustees to appoint superintendent, § 293, 78 Department of Public Charities and Correction. (See "New York County.") Disguised persons, deemed vagrants, how dealt with, §§ 1285-1290, . . 396-398 Disorderly persons, §§ 1296-1308, 399-402 complaint against, § 1297, ■. 400 conviction of, § 1297, 400 duty of court of sessions in respect to, §§ 1302-1305, 401, 402 of jailer in respect to, in certain cases, §§ 1306-1308, 402 earnings by, in certain cases, § 1308, 402 in villages, who deemed, § 1293, 399 arrest of, § 1295, 399 recognizance of; prosecution for breach of, and collection thereof, § 1299, 400, 401 IISDEX. 73Jt T^'^^«^^»J'ioraeyB, duties of, respecting moneys iu hands of Certain offieerSj""u 8 io», .i..;. .-.,;.-.,. _^._„.,,, ....... . .i 49 Drunkards, disorderly, peisons, when deeiped, § 1294, '.'.'.'... .- '...'.'.'. 399 „ habitual, g§ 1589, 159Q, 1608^1618, i ..,>... . .. <483, 489-492 D^tohess.county, a part of the Hudson River State Ho^ital district for the ■-■: in?aiie,, §§ 17.5;, .17.52, ; 530, 531 • . commissippers {qk sale of poor-house farm in Poughkeepsieii^Ol, ... 81 I, acts of, legaji;i!pd, § .305, , f.. ........ ... 82 appointment of, to be reconded in office of county clerk^ §j304,. . . 82 ; may borrow mon?y .to pay for farm and buildings, §. 303, .i 82 (M , may sell pppr-hgijse lands, § 301, ., ., 81 ,;(? . .A0.ti<;e, of such sale, § 301, , 81 Jte ...... proceeds tp .be applied to purchase of new farm, § 301, 81 I'i . . .vapancies. i^ pf&qe pf, how filled, § 304 , . . ,;.' 82 *() contracts .may. be made {br support of poor by supervisors, § 355, 100 distinctiop. between town .and county poor, how irestored, § 22J8, 60 "Gduty. of clerk of supervisors in case such distindti«n restored, § 228, 60 excise law? relating to, §§ 306 321 , 332-349, . . : . -. -.82-87, 92-98 ■' excise moneys to be paid to county treasurer for support of poor, § 315, 84 . exeicpted from certain portions of chapter 628, 1857, § 319, 86 {G expenses of removal of paupers to be: audited by town auditors, § 298, 81 i:e I'ishkillj poor commissioners, thwr powers, and how elected, §c322, .... 87 .~C' compensation of, § 327, .. u. '. wr., ..; 88 (_■<-! .duties of; § 325, ."..., '. 88 '} . . esftimate: of, of money ■vyanted annually, § 324, ■. i . . 88 -n'lCBmmJBMoners not to be ;interested in furnishing supplies, §i 326, . . 88 i;C' , . P.o.t to take any profit or reward, § 326, ,....,;>.... 88 to make report and such -report ito be filed, § 323, , , . . 87 : ' .office of overseer in, abolished,. § 322, ...;,... 87 powjers and duties of commissioners, § 322, ...■).. 87 J>p ^;:(?up.er.visors to levy aijd collect and pay over money necessary for "o -support of poor, ^ 324, jv. ., 88 what report of commissioners of almshouse to contain, § 323,.,, . . 87 1 ''>vho to distribute poor moneyj § 324, .....<......,...... 88 : manner of supporting poor may be changed by supervisors, I 355, .... 100 • ne.vy poor-house and farm not to cost more than $20,000, § 302,,i 81 office of superintendent, when abolished, § 355, 101 - ^ poor-house and farm may be sold, § 355,, ,...*. 100 J ; avails, how applied, § 355, . , . .■ ,. 100 fvi Pgugiikeepsie to support its own poor, § 329, i 89 ?.? appointment of commissioners of almshouse of city of, § 330y; j . . 89 : ■• manner of election, § 330, 89 '>■ . term of office, § 330, i. 89 • appraisers to aspertaini value of county poor-house, farm, etc., § 341, 95 application of statutes, § 348, 98 board of vagrants, when a county charge, §, 331, . . . .' , ■.-. c1 91 . i . pity a separate district, § 329, .' 89 > city liable for money (that commissioners of almshous© may hor- -•'• \.row, §§331, 342,...' S2, 97 city superintendent -to be secretary of commissioners of atoshojjse, §333, '... 94 to execute orders and directions of commissioners, § 338, .... 94- to keep .record of proceedings, §338, , i.. 94 to prepare annual and other reports, § 338, 94 "(' ?ity to receive prpportion of value of county poor-hou.se, § 341,. . 95 commissioners of rulmshouse in city of, appointment of; § 330, 89 fees and expenses to be paid by county, § 341,. , j. i :t96 , may borrow money, §§ 331, 342, » 92, 97 may send lunatics to asylum, § 331, '.92 may sue and be sued, § 331, 90 718 INDEX. Dutchess county — {Chntinuei.) "•»• Poughkeepsie, commissioners of almshouse in, oath may be taken before superintendent or, when, § 345, 97 paupers to. be set apart by, to city, § 341, 96 • powers and duties of, § 331, 90-92 in relation to bastards, § 331, 92 report of, what to contain, § 339, 94 to be filed and published, § 339, 94 to appoint superintendent and other agents, § 331, 90 to appoint a president, § 331 91 to contract for supplies, etc., § 331, 90 to estimate annually for support of poor, § 340, 95 to fill vacancies in their number, § 331, 91 to keep record of proceedings, § 331, 91 to make report, by whom report signed, § 339, , ; ''94 to make rules and regulations for their own, and thegovern- ment of their agents and superintendent, § 331, . . .' 92 to provide for safe keeping of lunatics, § 331, 92 to purchase farm, etc., § 331, 91 to receive money from commissioners of emigration on ac- count of foreign paupers, § 331, 91 to receive no compensation, except for expenses, § 344,.. .. -97 to report in writing, and what such report to specify, § 341, . . 95 to visit the poor and direct relief, § 331, 90 commissioners of emigration to pay for foreign paupers, § 343, i . . 97 common council to cause moneys to be levied and collected for commissioners, § 340, 95 emigratioHj almshouse commissioners to receive moneys from com- missioners of, §§ 331, 343, « 91, 97 fines to be paid almshouse commissioners by district attorney or other officers, § 337, 93, 94 foreign paupers, commissioners of emigration to pay for, § 343, ... 97 inhabitants not to vote for county superintendents, § 347, 98 keeper of almshouse to cause vagrants, etc., to work, § 331, 91 money in the treasury to be paid to almshouse commissioners, § 336, "93 office of overseer of poor in, abolished, § 330, 89 punishment of commissioners for being interested in certain sales, § 346 98 recorder to commit vagrants to almshouse, § 331, 91 to pay fines collected to almshouse commissioners, § 335, ..... 93 residents not disqualified in suits, § 347, 98 sales, commissioner or superintendent not to be interested' in cer- tain, § 346, 98 superintendent of poor in, his appointment and powers and duties, §§331,338 91, 94 Poughkeepj'ie Orphan House and Home for the Friendless, § 350, 4 . . . 98 child bound out to be suitably educated, § 352, 99 children may be surrendered to care of, § 352, 99 children to draw proportion of common school fund, § 353, 99 may bind out children surrendered to its care, § 352, 99 mayor of Poughkeepsie to be guardian, if both parents dead, etc., § 354 99 mother to be guardian, in certain cases, § 354, 99 objects and business of, § 350, 98 powers of managers, § 351, .'.... 98 suitable education to be given child bound out by, § 352, 99 removing paiipers to county poor-house, expense to be paid by towns, §297 81 supervisors may contract for support of poor, § 355 100 to levy tax to pay money borrowed, § 303, . . . '. 82 INDEX. 719 DatSebess county — (ConMnaei). ;.; , rAa«„ temparary reli«f to ,be |own ol^rge,- § 296, .,.„.», 80 r. y town to pay expense of removing it? paupers, § 297, 81 Education of, pauper children, and the expense thereof, §§42, 43 ;... 16 Election, oterseera, their, §§ 126-128 , ; . . . 36 EJmira. (See "Chemung County.") ; Bfnigrants, baggage of, §§1919, 1920, <. 691, 592 boarding-houses for, keepers of, §,§ 1887, 1888,, 577, 578 ■- bond required of owner or consignee of vesselj §,1853, 563 ' . commutetion of, § 1853, ... .tj. ^ .;....... s 563, 664 : chargeable, when deemed, upon city, town or county,. § 1856; n. 566 cities, towns,, and counties, how indeainified for expenses in maintain- . , ing indigent, §§ 1863, 1864,.., ■......, ,.... 571, 572 ; ^ffecu of decease4,.;§,1861, . * -. 569, £70 ,; idiot, deaf, dumb, blind, maimed,, infirm o.r sick, §§ 1869, 1870, 573 . ill usage of, complaints by, to oommissioBers of emigration, §§1873- 1877, .........574, 575 : landing of, §'§.1878-1886, .,...,.,.. 675-577 masters of vessels to report to mayor respecting, § 1853, 562 what such report to contain, § 1852,.* 562 ^ penalty for neglect, §1852, , 562,- 563 ; owner pr consignee refusing to give bond, § 1857,... .* . ..^ 567 ,.. provision in case become chargeable to. city, town or county, § 1859, . . 568 Emigration, comrtKssioners of, actions by, for penalties, § 1860 .-. . .;. -^69 _ ; annual report by, to the legislature, §§ 1867-1872 572-574 bastards, power of, Concerning, § 1378,. .;....,-.. 421 binding out of children by, § 1871 573 cities, towns and counties, how indemnified by, for maintenanEe of in- . [ digent emigrants, §§ 1863, 1864, , , 571, 572 . ,, ,clerks and servants, employment of, by, § 1865,. 572 ■ - complaints to, by emigrant passengers, how entertained, etc., §§ 1873- 1877/.. ...'. ... .?. ..'.".... 574, 575 i conveyance by, of jcertain real estate, directed, § 1975, .... 611 designation by, of places for sale of emigrant tickets, etc., §§ 1891- 1910^.; ;. „ .^. §80-589 docks, etc., to be leajsed for landing of emigrant passengers, § 1878,. . . 575 -"duties of, respecting emigrant runners, §§ 1889, 1890, 579, 580 respecting emigranj; passengers, § 1855, . .• , 565, 566 landing place for emigrants, designution of, by, §§1911, 1912, 589 ^ liceiising vessels by, to xsariy emigrant passengers from ship to dock, eta.,|§19l5-Wll' 590,691 lunatic, deaf' and'dumb passengers, §§ 1855, 1869, 1870, 556, 573 . oaths, administering by, §§ 187 1, 1873 573, 574 , powers of, as to suing and.being sued, § 1863 571 in relation to bastards and poor children, §§ 1378, 1868, 421, 573 in respect to commuting for bonds of owner or consignee of vessel carrving emigrants, §§1853, 1854 .» 563, i564 over baggage of emigrants, §§ 1918,' 1920, .;,... 591, 592 reception by, of alien passengers sent by health ofla.oer to, § 1974, ... 611 regulations by, for institutions under their conti ol, § 1922, 592 '..-(report by New York chamberlain to, § 1866,. , 572 f'whoare,§I8d2 ..,....'• ••••■ , • • ■ • 570 to pay for support of emigrants at Buffalo Juvenile Asylum, when, 8 391 116 Erie county,' Buffalo, city of, overseer in, his powers and duties, § 362, 105 temporary relief in, § 361,, . , — ■ 10t> . Buffalo Juvenile Asylum, §§ 363-393, ....:., 106-117 ■ ' ; bin'ding out of children' by, §§ 382-388 * 114-116 children, commitment of, to, §§ 364, 369, 106, 109 72a DiTDEX. Brie county, Buffalo Juvenile Asylum — {Continue3.y ' ^ '"* .. commissioners of emigration to pay for support of emigrants,' § 391, V ..........:. 116, may receive certain obildrenj §370,... •;•••. ^"^ powers and duties of magistrates and bthers on commitment of children to, §§ 370-378, 381, 109-114 to share in common school fitod, § 392, ; 117 vicious children may be discharged from, § 376, V. .. ... . . 113 , Tisitatioato,.by Buffalo common council, or a committee of such council, § 390,. ., v .J'. ■.......'. 116 Chiki-en's Aid and Reform Society merged into Buffalo Juvenile Asy- lum, § 394, ... . ::... .'."in children at county poor-house may be sent to Buffalo Juvenile Asylum, ' § 370, , 109 ' keeper of county poor-house, appoiiited by supervisors, § 858, 103 bond of, dnd it6 conditions,' § 359, .i ."^.'lO* duties of; as to care of paupers, § 358; :. 104 duty of, as to rules, § 358, ... ... ... , ...,. ■ •„ ^"3 to furnish supervisors with inventory of prbperty, § 358, v' 103 to hold his office during pleasure of board; §358,'.'. ;'.'rl03 to make annual report to board of supervisors, §'368, 103 poOP-house keeper, appointment of, by board of supervisors, § 357, . . . 103 official bond of, §359 104, 105 powers and duties of, § 358, 103, 104 ' Society ibr Protection of Destitute Boman Catholic Children, §§396- : ^^-^ 410, 118-124 children, when magistrate may commit to care of, § 399; 119 form of order of such commitment, § 399, 119, 120 ftiaster to report to Corporation every six months, § 407, .... 123 notice of commitment. § 401, 120 what to contain, § 401', 120 return ot constable on, §402,. ..'. j. '. 120 warrant of commitment, how executed, § 400, '. . 120 when may be taken from eighth judicial district, § 396;. . . , . 118 when may be bound out by, §'397, . i. . . . . 118 common council of Buffalo to visit and inspect asylum, § 409, . . . . 123 corporation to report to legislature and to Buffalo common council, § 408, 123 report by, to legislature and Buffalo coraraOn council, § 408, J23 surrender of children to, § 398, ,119 to be guardian of indentured children, § 407, 123 superintendents of the poor, how elected, § 357, 102 powers and liabilities of, § 357 . . 102, 103 terms of office of, § 357, : 101 supervisors, appointment of poor-house keeper by, § 358, 103, 104 authorized to make arrangements with Buffalo Juvenile Asylum for sending certain poor-house children to such asylum, § 370, 109 temporary relief in Bunalo, how audited and paid, § 361, , 105 Essex county, a part of the Hudson River State Hospital district for the in- sane, §§ 1751, 1752 530, 531 board of supervisors may restore distinction between town and county poor, § 227, 60 duty of dlerk of, § -229, 60 Evidence, depositions of emigrant passengers on complaint for ill treatment, when to be, § 1876, 574 duplicate decisions, or certified copies thereof, when to be, § 73, . . 23, 24 Excise, adulteration of liquors prohibited, and penalty therefor, § 1598, .... 485 ale and beer, license to sell,.§ 1587, , 482 board of, to whom may grant licenses, § 1561 474, 475 application for licenses to be made to, § 1561, 475 INDEX. 721 Excise— (Confanuei.) pag». bond to be executed by hotel, inn and tavern keepers, § 1575, 479 bonds, where to be filed, § 1592*, .. . ....... 484 how sued, § ISSS, • ' . , 434 book of minutes of town and village commissioners to be "deposited in town cleric's office, §§ 1563, 1566 : 475, 476 carriers of passengers prohibited from employing persons addicted to intemperance, § 1600 485, 480 penalty on, for such employing, § 1600, ...:.. 485, 480 clerk to- board of, not to be appointed in towns or villages, §§ 1563, lf''2, 475^ 478 clerks of boards of, in cities, may be appointed, § 1572, 478 ' powers and duties ot; §§1572, 1573 478 no fees to, §§ 1572, 1573, ...;'. 478 commissioners of, § 1558, . ' 473 conditions upon which licenses may be granted by, to hotel Jceep- - ers, §§1574, 1575 .' .■.■...: 478, 479 in New York and Bl-ooklynj how appointed, § 1559^,. ...... . 473, 474 in cities, and their terms of office, and vacancies, how supplied,, ' and removals, how effected, § 1559, .... 473, 474 meetings of, in cities and villages, § 1560, ..'.': ,'.■...'..■...'. . 474 pay of, in towns and villages, § 1563, ......! 475 may grant licenses to inn, tavern and hotel keepers and store keepers, § 1565, 476 licenses by,- to be signed by, § 1567; .' 477 ■ ■' reports to supervisors by, §§ 1568-1570, 477 debts created for gale of liquors, when void, § 1578, ...'...;: 480 drinking places licensed by board of, to be kept closed between one and five o'clock in the morning, § 1562, .' , . . 475 duration of licenses, § 1560, 474 — duties of magistrate and overseers on proof that husoajid, wife or child are habitual drinkers of intoxicating liquors, §"1589, '; 483 duty of courts to instruct jurors respecting, § 1598, 485 MBsrduty of officers respecting violations of excise law, § 1684,' 481, 482 -expeases of town or village board of, for books and blanks, how audited and paid,- § 1563^ ...'..'...:....•. 476 habitual drunkards and paupers, penalty for selling or giving away liquors to, § 1590 ... . ; ,. . .' 483 ■ intoxicated jsersons, and their punishnient, § 1585, .......".:' 482 judgment debtors under excise law not entitled to jail Uberties, § 1601, 486 license fees regulated by board of, § 1561, ....'...'. 474, 475 license to sell ale and beer, and to whom, § 1587, ' 482 license to store keepers, §§ 1579-1582 480, 481 • hcense, when and how revoked, §§ 1 594-1 596, '. . J. 484, 485 metropolitan board of, act repealed, § 1562J, ; ;' '. . ; 475 monejfs arising from, when to be p'aid to inebriate-asylum, §§ 1842-1845, 557 in cities, to be paid into treasuries of cities, § 1563, 475 in- towns and villages to be deposited with county treasurer, and expended under direction of supervisors for support of poor, § 1563, • ■ 475 ; to be paid to overseers §§ 123, 124, ... ; 35, 36 penalties for seUing hquors without license, § 1582, ._ 481 ■persons selling hquors contrary to provisions of excise law liable for ' damages, § -1597, • ' 485 prosecution for penalties by other persons, in case of neglect by com- ' - missioners of, § T599, . . . . : ';' • : ■ • : • ■ 485 ■ -''provisions, certain, respecting granting license to inn, tavern and hotel J keepers, §§ 1576, 1577, ........:.....:. 479, 480 ■'^ provisions^ certain otner, of law relating to, not apjilioable to the Ni- agara Frontier Police district, until January 1, 1872, § 1564, 476 91 722 INDEX. Excise— (Contfnaerf.) ' . . , »,„„„'"* provisions of cliapter 528, 1857, relnting to, to remain in force, § ]5C2i, 475 sale of liquors to Indians and apprentices, when prohibited, and penal- ties therefor, §§ 1583, 1G04-1G07 481, 48G-488 sale or pledge of articles exempt from execution, when made for intox- icating hqijors, void, § 1C03, • • • ■ 486 sellin;j or giving away liquors to intoxicated persons, and penalties therefor, § 1588, 483 Expenses, poor, duties of overseers and town clerks in respect to, at town meetings, § 92, ••^- 29 incurred in removal of paupers to county poor-house, § '5, 24 Execution, issuing of, against poor officers prohibited, except in certain cases,§1280, . . .. ^393,394 Executors and administrators of town officers, when to surrender up books, papers and records, § 150, 40 Father of Door person, when bound to support them, § 1, 6 Ifcw such support compelled, §§ 2-12, . .^ 6-9 or mother absconding, proceedings against, §| 8-12, 8, 9 Fees, oveiseers', § 138, 38 Filed, bonds of overseers to be, § 137 37 Filiation, order of, § 1321, 408 appeal from, § 1332, 411 court of sessions may quash or affirm, § 1337 412 may be varried, § 1331, 410 proceedings when affirmed by court, § 1339 412 when to be made by court of sessions, § 1347 ' 414 proceedings when bond returned from another county, § 1326, , 409 Fisheries, commissioners of. (See " Game Laws.") fishkill.' (See " Dutchess County.") Five Points House of Industry. (See " New York County.") Forfeitures and penalties, recovery of, for benefit of poor, §§ 1418-1477, 431-444 Forms, §§ 204G-2154, 636-703 secretary of state to publish and distribute, §§ 117, 1243, 1244,. .'. 34, 385 Fi anklin county a part of the Hudson River State Hospital district for the insane, §§ 1751, 1752, 530, 531 Malone, disorderly persons in, commitment of, to poor-house, § 411, . . 124 Friendless Women and Children, Society for the Aid of, §§ 1550-1557, 4C8-471 Fruit growers, protection of, §§ 1985-1988, 616, 617 Fultun Benevolent Association of New York. (See "New York C«unty.") Fulton county, condition of poor-house to be investigated, § 416, 120 duties of overseer conferred on supervisors, § 413, 125 office of overseer abolished and duties conferred on supervisors, § 413, 125 poor-house keeper, superintendents of the poor to be, § 415, 125, 126 poor persons in Hamilton county whom Fulton county is liable to sup- port, superintendent of Fulton county to remove to Fulton county poor-house, § 412, 125 reports, certain provisions of law relating to, made applicable to Fulton county superintendents of the poor, § 1238, . . . .' 384 superintendent of the poor, board of supervisors to appoint, § 415, 125, 126 temporary relief, how authorized, § 414, 125 Fund, common school, §§ 59-62, 20 Game laws, killing or pursuing of deer and moose, § 1999, .'. . 624 killing of fawn and rabbits, § 2000, 624' wild pigeons, when and how far protected, § 2001, 624 ducks and geese, and the buntinsr and killing them, g 2002, 624 DTDEX 723 Game laws — ( Coniinued.) ttsz. killing and trapping eagles, fish-hawks, wh'ippoorwills and certain other birds, when prohibited ; penalties, § 2004 C24 G25 prairie fowl, § 2005, .•. ^ _, ' c-^5 woodcock, quail, partridges, etc., § 2000, .'.'.'.'.7. .'.'.'.'.'.'. Q2b ^%'o!n,??^ """^ '^"^''® '" ^'^'"SP, Queens, Suffolk and Riolnnond counties, S 2007 (325 quMil and ruffed grouse not to be tianpcd or snared, § 2008 C25 bmiday shouting, hunting and tiappinir, § 2000, 025 wild geese, ducks and brant in King's, Queens and Suffolk counties, § 2010, . G25, 626 hunters and fishermen, when and how prohibited from trespassing on private grounds, §§2011, 2012, 620 drugging or poisoning fish, § 2013, . 626, 627 persons having dams, when to erect or provide sluice-nays for fish, § 2014,... : ■; ; C27 trout, when and how to be caught; certain exceptions as to Kings, Queens arid Suflblk counties, § 2015, 627 sale of brook trout taken from private fish ponds, § 2016, 627 salmon and lake trout, when not to be taken or had in possession ; ex- ception as to those of Otsego lake waters, § 2017 627, 628 bass aiid muskallonge, § 2018, .....' 628 certain fish nets and traps not to be iised, and others not to be injured, §2019 .'628 penalty for exposing certain fish for sale, § 2020, 028, 629 fish in Jamaica bay and Haunce's creek; penalties for taking, and how recovered, § 2021, 629 penalties under tliis act, how recovered; half coliecled to go to over- seers of the poor and half to the prosecutor, § 2022, 629, 630 proof of the importation of game, when may be interposed, § 2023,. . 630 proof by express companies in certain cases, § 2024, 630 Ush of certain waters not under this act pioliibited fivm being taken, § 2025, 63(1 • ' firh in certain other waters during the month of September, § 2026, . . 631 use of nets in cenain Avaters of Fulton county prohibited, § 2027, 631 such use, when deemed a misdemeanor, and penalty therelbr, § 2028,.. 631 commission of fisheries established, § 2031, , 631 duties of commissioners, §§ 2032, 2033, a 631 commissioners, who to be ; expenses ol commission, § 2034, 632 vacancies in office of commissioners, how supplied; term of office ex- tended, § 2035, 632 shad fishing in the Hudson river, when prohibited, § 2036, 082 fishing by ceitain pound, weir or set nets, when prohibited, § 2037, 632, 633 penalties imposed under any of the provisions of chapter 567, 1870, how recovered, § 2038, 633 commissioners' duty when any pound, weir or net is liable to be con- fiscated, § 2039 633 certain fish-ways in state dams in Hudson river to be constructed and maintained, § 2040, 633, 634 Genesee county, annual election of one superintendent, his tei m of office, § 417, 127 commitments may be made to Society for Protection of Destitute Roman Catholic Children from, of certain children, §§ 396-410.. 118-124 indigent insane persons, powers and duties of superintendents of poor respecting, §§ 422, 424, 425, 127, 128 Lunatic Asylum, § 421, 12r insane persons committed by county judge, § 423, 128 who to be received by, § 422, 127 poor expenses in, a county charge, § 53, 18, 19 poor-house keeper, guperintendenta to appoint, § 4.17 127 724 rSl)EX. tJenesee county — ( Continued.') Pio«. pbor-house, poor may or may not be sent to, § 421, 129 superintendents of the poor in, §417 ^ 127 may maintain actions in relation to contracts* § 425, 128 supervisors may revive distinction between town and county poor, § 427, 128 German HospitaJ and Dispensary in New York. (See "New York County.") German Roman Catholic Orphan Asylum of Rochester. (See "Monroe County.") ' Governor. (See "State Lunatic Asylum.") Grand juries, courts to instruct, to inquire into offenses against provisions ot excise law, § 1598, • 485 Grant, State Lunatic Asylum authorized to receive, § 1678, ■. . 508 Greene county, a part of the Hudson River State Hospital district for the insane, §§ 1751, 1752, ...Jl 530, 531 supervisors to divide and apportion certain excise moneys, § 429, 129 Grbceries, inns, and taverns. (Seei "Excise.") Guardians, of children in surrendering to or binding out by orphan asylums, §§173-175, ; .' 45 Habitual drunkards, aooonnts of overseers for services, how allowed and paid, § 1617, 492 care of, §§ 1608-1618, ; 489-492 committees of, may commit to Inebriate Asylnm, § 1836, '. 556 costs for and against overseers, when allowed and how collected, §§ 1615, 1616 491, 492 county court to have jurisdiction of care and custody of person and estate of, § 1619, *; 494 death of; how estate disposed of, in case of, § 1656, 500, 501 duration of leases of real estate of, § 1654, 500 duty of overseers of poor as to, § 1608, 489, 490 estates of, supreme court to have care and custody of, § 1619 493 minors and apprentices who are, sale or dehvery of liquors to, prohib- ited, § 160S, 490 penalty therefor, § 1608, 490 notice to tavern-keepers and dealers in liquors respecting, § 1608 490 penalty for violation of, § 1609 490, 491 when may be revoked, § 1618, 492 overseers of poor, when to make application to supreme court in re- spect to, § 1620, 494 proceedings thereon, § 1623 494 when application may be made to county court, § 1621,. 494 when to county judge, § 1622, 494 penalty for selling liquors to, contrary to notice, except ordered by a physician, § 1609, 490 person designated as, may contest the charge, § 1610, 491 how tried and determined, §§ 1611-1613, 491 person charged with being, may contest such charge, §§1610-1617, 491,492 powers of justice of supreme court and county judge to commit to In- ebriate Asylum, § 1837 556 of overseers of poor to forbid sale or delivery of liquor to, §1608, 489, 490 proceedings to contest oharsje of being, § 1611, 491 costs in, §§ 1615, 1616'; 491, 492 expenses of oversee? s in, § 1617, 4fi'J jury in, how obtained. § 1612 4!)1 how to proceed. § 1613, 4f)l iiffifex. 725 Habitual drunkards— (CorafeMcd) ■ '■ paob. prohibition of sale of liquors to, §§ 1589, 1590, 1608-1618, 1839, 1840, ,,,.... .' ^83, 489-492, 556 sale or delivery of liquors to. overseers of the poor, when may pro- hibit,§1608, f,,,: : 489, 490 forfeiture and penalty for, §§ 1608, 1609r 490, 491 State HomcEopathic Asylum established for care of, § 1774, ..'.'. 536 when estate of, to be restored, § 1655, 500 when overseers may revoke notice given respecting, § 1618, ! 492 Hawkers and peddlers, penalties on, for trading without license, to go to the poor, § 1471 ;.._ 442 : Health oflBoer. (See " Quarantine.") Hebrew Benevolent and Orphan Asvlum Society. (See "NeWTork County.") Hebrew Female Benevolent Society of the Congregation Shearith Israel (See "New York Coutity.") Hebrew Relief Society. (See- "New York County.") Herkimer county: board of alms of Little Palls, §§ 456-464,. ; 135-137 duties of overseer of alms, § 462 136, 137 duties of treasurer of, § 460 136 may allow for their own services one hundred dollars, § 464,. .... 137 remuneration of, § 464, 137 to appoint overseer and treasurer, § 459, ' ...../.. 136 to audit all claims, § 463, ' 137 to contract for and 'purchase supplies, § 461, . ; 1^6 to have control of funds, § 457, , 135 to keep record of proceedJHgsj§ 459, .': . . :'i .'. 136 to rent or purchase grounds for almshouse, § 458, ". 135 to report to supervisors, § 463, '.'. 137 distinction between town and county poor, how restored, §§ 223, 451, -/:^>'" ..,'--:- '■■ ■■ ■ 5^, 134 duty of clerk of supervisors in case distinction between town and county poor restored, §§ 224, 452, ;'. 59, 135 excise money to be applied to support of poor of town in which it is , collected, § 453, 135 :• ' '€rerman Plats, compensation of overseers in, § 435, . . 132 Little Falls, special poor laws relating to, §§ 430, 456-465, . . 130, 135-137 overseer, if unable to serve, supervisor to perform duties of, § 437, 132 advances to be made to, by superintendents, § 433, 131 bond to be given by, § 431, ; '. 131 book of names, etc., to be kept by, § 434 131 to be Submitted to supervisors, § 434, •....;,..'.. 131 compensation of, how fixed, §'435, 131 one to be elected in each town in, except Little Falls, § 430, 130 powers and duties of overseers, § 431, 131 supervisor to act as, in certain cases, § 437, 132 to grant temporary relief^ § 440, 132 to have power to administer oaths, § 446, 1S3 vacancy in oiBoe of, how filled, § 437 13'2 reports, certain laws relating to, made to apply to superintendents in, . § 1238 • • • • • ■ • 384 superintendent to reside at poor-house, § 442, 133 compensation to be fixed, by supervisors, § 442^ 133 duties and powers of, § 443, . ........'....'.. .' .'.' .'. 133 may be removed by supervisors, § 445, ... 133 ' may administer osiths, § 446, .',.....:,.'. 133 reports by, § 1238, - . .,. . • • . .'•.;■ 384 vacancy in office of, § 444, :..■... ;'. 133 726 INDEX Herkimer county — (Continued.) '*•* supervisors, ehaiiman to have power to convene board at any time, § 455, 135 chapter 4, 1862, not to interfere with duties of, in auditing accounts, § 465 137 committee of, to visit poor-house, § 447, ' 134 determination of, to restore distinction between town and county poor to be certified and filed with county clerk, § 451 134 copy of such determination to be served on town clerks, § 452, . . 135 may remove superintendent, § 445, 133 may restore distinction between town and county poor, § 451, .... 134 poor accounts to be audited by, §448, 134 report to be made to, by committee to visit pooi-house, § 447, . . . 134 to appoint superintendent, § 441, 132 to appropriate money for temporary relief, § 432, 131 to audit claims against board of alms, § 463, 137 to determine who arc town and who county poor, § 454, 135 to fix compensation cf superintendent, § 442, 133 to make contracts for medicines, medical services, etc.. §449, 134 temporary relief, supervisors to appropriate money for, § 432, 131 Highway labor, poor-house or almshouse keepers exempted from assessments for, § 111 33 resident oflieers of Asylum for Idiots exempted from assessments for, §1811 547 resident officers of State Lunatic Asylum exempted from assessments for, § 1682, 509 Highways, laws preventing animals from running at large in, §§ 1989-1098, G17-C22 Honioeopathic, State Asylum for the Insane and Inebriate, at Middletown, §§ 1744-1786, 535-538 House of Mercy. (See "New York County.") Hous^ of Refuge, commitments of children, etc., to, §§ 752-758, 234-238 Hudson, city of. (See " Columbia County.") Hudson Orphan and Relief Asylum. (See " Columbia County.") Hudson river, shad fishing in, §§ 2031-2040, " 631-034 Hudson River State Hospital, annual salaries of treasurer and resident offi- cers, how determined, § 1750, 530 district of, counties coinpo.■.<>> i ^^^ overseer to examine applicants for relief, §'605,' '..'.'.'.'...'.'.'.]'.'.['.['.'.[ 179 powei-s of, to settle bastardy cases, § 606, 179 penalties, relating to certain, going to the benefit of the poor, §§ 63il M», .... jg- jgg JJocliester, city of, common council to provide almshouse, § 623 183 common council to cause inmates to labor, § 625, 183 • to provide officers and servants, make rules, etc., § 624, 183 may issue bonds on account of debt contracted ibr volunteers, ^ .§633,-. ..V. ^ : isG disposition of certain penalties and fines, § 684, 1S7 district attorney to prosecute for penaltv, § 638, 188 German Roman Catholic Orphan Asylum of, § 632,^ 185 children may be bound out by trustees of, § 632, 185 form for surrender of child to, § 632, -. 186 Home for Friendless Children, § 628, 184 children committed to care of, may be bound out, § 623 184 Home for Idle and Truant Children, § G27 r84. idle and truant children, how provided for, § 630, 185 justices of peace to make report to supervisors, § 635, 187 penalty for neglect or refusal to report, § 637, 187 such report to be verified, § 636, ; 187 overseers of, § 620, 182 mayor and aldermen to be, § 621, 182, 183 poor in, how supported, § 622, ; 183 Boman Catholic Orphan Asylum Society of, § 631, 185 . children may be bound out by managers of, on certain condi- tions, § 631, 185 who to be guardian of, § 631, 185 superintendents authorized to grant temporary relief, § 610, 179' temporary relief, how authorized, § 610, 179 when city of Rochester ma.y borrow money to meet deficiency in funds, § 626, 184 Montgomery county, accounts of overseers, by whom audited, § 646, 190 bond to be given by overseer, §648, 191 charges for local and transient poor, how paid, § 657, 193 contract for support of paupers confirmed, § 652, 192 county superintendent, election of, § 659, 1 93 compensation of, § 659, 194 supervises to audit accounts of, § 659, : 194 term of office, § 659, 193 county poor expenses, how audited, § 649, 191 duty of overseers in respect to excise moneys, § 662 194 of supervisors as to resident paupers, § 653, 192 QKcise commissioners to pay over certain amount of moneys to over- seers, § 661, 194 justice of peace to act as overseer in certain cases, § 643, 190 lunatics, support of, a county expense, § 660, 194 overseers in towns to be elected every two years, § 641, 189 overseers to keep accounts, and report to town auditors, § 663, 195 to keep book of entries, § 645, > 190 what book to contain, § 645, .' 190 to make annual report of relief grantfed, etc., § 645, 190 powers and duties of, § 642, 189 93 738' INDEX. Montgomery county — (Continued.) '•'™- overseers to contract for support of paupers, § 655, 192 to keep book and make abstract annually, § 655, 193 what book to contain, § 656, ■_ 193 overseer to present estimate of money needed for ensuing year for tem- porary relief, § 644, ; 190 to report name, etc., of person receiving temporary relief, § 663,. . .194 pay of, §§648,658,... 191, 193 poor expenses of county, how to be aludited, § 649, 191 poor-house, duties of overseers in respect to sending paupers to, § 647, 190, 191 keeper of, office abolished, § 659, 193 poor, overseers authorized to contract for support and maintenance of town, § 564 192 report to be made to superintendents, § 648 191 supervisors may sell poor-house farm, etc., § 651, 192 temporary relief, estimate of money for, to be made, §644 190 to paupers, overseer to grant, § 654, 192 when overseers to send persons to county poor-house, § 647, .... 190, 191 when support of pauper a county charge, § 647, 191 Mother and father of poor persons, when and how compelled to support, §§1 12, 6-9 * absconding, proceedings against, §§ 8-12, 8, 9 Mortgages, authority to benevolent associations to make, § 1489, 449 Names, children's, when not to be changed, § 181, 46 Newburgh, commissioners of almshouse to report, §§1238, 1239, 384 New York county, almshouse department abolished,. § 666, 199 American Female Guardian Society, §§ 802-818 248-254 binding out of children by, §§ 804, 816-818, 249, 253, 254 child committed without sufficient cause, duty of managers, § 814, 252 children surrendered to care of, power over, § 804, 249 who to be guardian of, § 806, 249 common school fund, society to share in, § 805, 249 how and by whom commitment executed, § 808, 251 magistrate making commitment, duty of, § 809, 251 may order managers to deliver up child in certain cases, § 811, 252 managers to appoint matrons, etc., § 303, 249 to be guardians of indentured child, Iheir duty, § 818, 254 money to be placed in treasury of society for benefit qf indentured child, § 817, 253 notice of commitment of child, § 809, 251 pubhc school money to be paid to children instructed in schools of, § 805, ; 249 policeman to serve notice, and how, § 810, 252 return of child to committing magistrate or proper authorities, § 815, 253 vagrant children may be committed to, and form of commitment, § 807, 250 violation of indentures by master, how remedied, § 816 253 when child may be delivered to managers without giving notice, § 813, 252 a part of the Hudson River State Hospital district, for the insane, §§ 1751, 1752 530, 531 Association for the Relief and Protection of Friendless Children of Ger- many, its objects, § 879 270 Asylum for Friendless Boys, §§ 792-795, 246, 247 boys committed to care of, power of corporation over, § 795, .... 247 corporate powers, in whom vested, § 793, 246 who members of, and who entitled to vote, § 794, 246 who to control internal and domestic concerns, § 793 246 INDEX, 739 .New York GOUTxiy— {Continued.) ^^^ bastards in, and powers of commissioners of public charities and cor- rection respecting compromises with putative fathers, § 1379, 421 Fc'^n "^''■grants not to be employed in work-houses, except, etc., §0/0, ^ 201 202 blind pupils from, to New York' institution'for 'the Bl'ind,"§§"l532- 15d6, . . , 461, 462 burial ground, city of New York, to issue stock for purchase of, § 689, 206 commissioners of public charities, etc., authorized to provide for, §§ 688-692 '.....' ^ 206^ 207 by whom such stock, to be issued and sold, § 690, 206 proceeds of such stock to be deposited with chamberlain, § 690, ; .'. .'207 supervisors to raise tax to pay principal and interest of stock, § 692, 207 to whom chamberlain to pay proceeds of such stock, § 691, . . 207 chamberlain of city of, to report to commissioners of emigration, § 1866, 572 Chapin Home for the Aged and Infirm, its objects, § 864 '. 267 chanties and correction, department of public, in, §§ 664-723,. . . . 196-215 binding out of cbildren by, ,§ 681, 204, 205 chief officers of, § 604 199 commissioners of, duty of, respecting . emigrant paupers in ,^ings county poor-house, §§ 544-546^ 162, 163 children may be bound out by any one ot; § 681, . .... 204, 205 classification of criminals by, § 674, 203 compensation of, §§ ,665, 669, , 199, 201 governor may remove, § 684 ., '. 203 industrial school to be maintained by, on Hart's island, § 696, 208 who may be committed, to isajd school, and labor therein, § 696, ; 208 inebriate asylum to be built by, § 698, 208 may add to or improve buildings, § 680, 204 may appoint, remove and defiije duties of subordinates, § 668, 200 may bind out children, §681, ......... 204, 205 may open accounts with paupers, § 673, 203 may purchase burial grouhdrfor pauper dead, § 688, -,, 206 may send diseased persons, etc., to Wprk-hduse, § 715, , 213 may transfer orphan, and friendless children to care of "Shep- herd's Fold," § 695, 207 not to be interested in contracts Ipr supplies, etc.,,| 669 201 potter's field, power of, in respect to, § 680, 204 to appoint attorney, § 685, • . ■ • ■ 205 to appoint superintendent of work-house, § 712, 212 to be appointed by mayor, § 665, , •■•■,• ^^^ to constitute board of control, § 666, 199 to have control of Hart's island, § 697 '208 to lay out potter's field, etc., § 680, 204 to make annual report, to legislature and , supervisors §§ 682, 1240 : 205, 384 to make Fules and by-laws, § 679, 204- to make reports, § 664, , 199 to possess powers same as former governors of almshouse,, § 668, 200 comptroller to pay moneys to department, § 669, 201 cpntracts, no commissioner of, or subordinate, to, be interested in, § 669 • V ^°^ discharge of prisoner committed to work-hoijse, how efiFecteci,, § 670, 202 discharge of vagrant, manner of, § 717, ., _. 214 disorderly persons not to be transferred except in cert^n case?, fi 670 Z^A employment for children, § 678, , 204 740 INDEX. New York county — ( Continued.) taos. employment of person corr.mitfcd to work-liousc, § (371, 202 expenses, liow only to be made, § 6GG, 100 grounds of department to be cultivated, and how crops, etc, dis- posed of, § G72 203 hours of labor tO persons subject to discipline of, § G72, 203 officeis of to report weekly, § G7G, 204 orphan and friendless children, magistrates may commit, § G04, . .. 207 paupers and criminals to be kept separate, § G74, 203 pauper or convict, punishment of, for neglect or refusal to work, § 671, 203- paupers to be put to work, §§ G77, 678, . .^. 204 requisitions of subordinates to be in writing, § 675 203 reports annually to be made by commissioners of, to legislature and supervisors, §§ 682, 1240 205, 384 reports to, by officers, to be made weekly, § G7fi, 204 rules and by-laws, commissioners to make, § 670, 204 subordinates to make requisitions in writing, § 675, . 203 supervisors to visit, and report to governor, § 684, 205 to have control of almshouse, lunatic asylum, etc., §§ 713, 714, 212, 213 wounded, etc., persons, treatment of, § 693, 207 work-house, wlio may or may not be detained in, § 670, 202 establishment of, §710 212 who may be committed to, § 711, 212 to have control of institutions formerly under control of governors of almshouse, § 667 200 transfer of certain paupers from almshouse to work-house, § 677, 204 Children's Aid Society, §§ 761-7G5 236-238 annual tax foruse of, § 765, 237, 238 authorized to hold property, § 761, 236 exci-p board to pay money to, § 762 2ZT schools of, to participate in common school fund, § 764, 237 supervisors to pay money to, § 703, 237 to present report to legislature, § 762, > 237 children, female, when may be committed to American Female Guar- dian Society, and proceedings (hereon, etc., §§ 807-815 250-253 children in, when may be committed to New York Juvenile Society §§ 720,728-737 222-228 common council to visit twice a year New York Juvenile Asylum, § 746, ! 231 construction of laws relating to department of public charities, etc., § 687 206 Deaconess Institution of the Evangelical Lutheran Church, g§ 874-878, 260, 270 binding out of children by, and general objects and purposes of such institution, §§ 874-878, 269, 270 emigrant paupers in Kings county, proceedings thereon against New York county, etc., §§ 544^546, 162, 163 Five Points House of Industry, powers, etc., §§ 798-SOl, 247, 248 incorporator, vacancy in office of, § 800, 248 may lake and hold property, amount thereof, § 801, 248 property of, exempt from taxation, § 799 248 when vacancy may be declared, and election ordered to fill, § 800, 248 Friendly Society of St Ambrose, the, in New York, its objects, § 861, 267 certain property of, exempt from taxation, § 862, 2G7 Fulton Benevolent Association of New York, its object, § 807, 268 German Hospital and Dispensary in New York, its objects. § 873, 269 Hebrew Benevolent and Oiphan Asylum Society, §§847, 848,. . . 262, 263 INDEX. 741 New York county — ( Continued.) pao». Hebrew Benevolent and Orphan Asylum Society, magistrates may commit certain children to its care, § 847, 2G2 mayor may convey to it real estate in fee, § 848, " 263 power in respect to children intrusted to its trustees, § 847, 202 Hebrew Benevolent Society of the Congregation SIieaveLh Israel, its object, §86o, " ° 207 Hebrew Relief Society, " The Society for the Education of Poor CliiV- dren and the Relief of Indigent Persons of the Jewish Persuasion," name changed to, §849, '. '203 House of Mercy, its objects, § 881. .[.......". '. '. '. ' .' .' '. '. ' .' .....'. '. .'..'. 271 idle and vagabond children in, when may be committed toNew York Juvenile Asylum, §§ 733-736, 220-228 inebriates, asylum for, in, § 698-709, 208-211 (See "New York Inebriate Asylum.") Juvenile Asylum in, laws relating to, §§ 724-750 221-223 (See "New York Juvenile Asylum.") Lunatic Asylum, mayor, etc., authorized to issue stock for, § 720, 214 comptroller, when to issue, § 721, ; 215 faith of city pledged for redemption of, § 720, ..A.. .... .. 215 how sold, § 721 ; 215 notice of sale, § 721, 215 not to be sold less than par, § 721 215 rate of interest, and when payable, § 720, 214 supervisors to raise money to pay principal and interest, § 723, . . 215 to whom and for what purpose proceeds paid, § 722, 215 value of shares, § 721, 215 Manhattan Eye and Ear Hospital, its object, § 871 268 Mariners' Family Asylum, who to have control of, § 856, 266 Mariners' Family Industrial Society of the Port of New York, its ob- jects, § 880, 271 metropolitan fire department relief fund, §§ 850-854, 264, 265 out of what provided, § 850, 264 assessments for benefit of, how and upon whom made, § 854, 265 what trustees entitled to receive in behalf of, § 853, 265 when and for what liable, § 852, . . .'. 264 who entitled to benefits of, § 852, ... 264 who to be trustees, and how invested, § 851, 264 New York House and School of Industry, its objects and purposes, § 866, : 268 New York Infant Asylum, §§ 766-791, .' •. 238-246 action in relation to deserted children of two years or less, § 770, 239 children, binding out of, by, § 776, 241 cruelty of master, proceedings in case of, § 780, 242 damages recovered for violation of indentures to be held by managers for benefit of child, § 783, 243 delivered to authorities, in what cases, § 775, 241 may be intrusted to asylum by parents, etc., § 769, , 239 - ' may be restored to parent or guardian, when, § 774, 241 • ■• what,- to be received by corporation, § 763, 238 emigration commissioners to pay for support of certain children in, - ' §785, ....:.. ....•• 244 empowered to procure and erect asylum and house of reception, §767, ;........ 238 indentures annulled on death of master or assignee, § 778, 242 cannot be assigned without consent of, § 777 / 242 when may be canceled, § 779, .';•• ... 242 managers may receive children from other counties, § 789, . . , . . , 245 to act as guardian of indentured child, § 781, 243 to report to legislature, § 787, 244 742 INDEX. Nevr York co\nitj — {Ooniinued.) ^ '^"• managera' report, what to contain, § 787, 244 master toreport to managers every six mCnths, § 782, 243 notice relative to deserted children to be given by superintendent, § 771, •^- 239 schools of such society to share in common school fund, § 786,, . , 244 superintendents of the poor of other counties authorized to send children to care of, § 789, ' 245 supervisors to levy tax for support of children, and pay same to asy- lum, §. 784, 243 to visit Asylum- and House of Reception, § 788, 245 New York, Inebriate Asylum, physician to, to be appointed, § 698, 208 excise moneys to be paid to, ' § 699, • 209 powers and duties of commissioners of public charities and cor- rection respecting, §§ 698-700, 707, 709, 208-211 warrant of commitment to asylum, by whom to be executed, § 704 210 commissioners may discharge persons from asylum for cause, § 709, 211 may bring action against estates of inebriate, § 706 211, commitment of inebriate to, proceedings for, § 702, 209 disoWge of patients from, how effected, §§ 708, 709, 211 drunlcarda, how and under what circumstances may be committed to, §§ 701^08, 209-211 estate of inebriate liable for his support in, § 706 210 fines and penalties, when to be paid to, § 699 208 inebriates committed to asylum, by whom and for what time,- § 701, .209 may be discharged from asylum, when, § 708 211 mode of such discharge, § 708, 211 justice or judge may commit inebriate on petition, §§ 703, 704,. , . 210 r temporary commitment, when may be made, § 705, 210 to account for money recovered in actions, § 706, . , 211 New York Juvenile Asylum, §§ 724-750, 221-233 surest and commitment of children to,, and proceedings thereon, §728, 223 binding out of children by, etc., §§ 738-744, 228-230 board of directors to report to legislature, § 745, 231 children committed to, when may be returned by, to committing magistrate, or to commiissioners of public charities and cor- rection, § 737 228 surrender of to, and how deemed, § 726( 222 who may be received and taken charge of, by, §§ 724, 726 221 commitment to, by magistrate, when deemed final, § 732 225 common council of New York to visit, § 746, 231 directors to be guardians of children bound out, their duties in re- spect thereto, § 744 230 duty of, in case of cruel or bad treatment of child by master, § 740, 229 form of surrender of child by parent or guardian, § 727, 222 idle and vagabond children, commitment of to, etc., etc., §§ 733- 736, 226-228 may bind out children, § 738, 228 may discharge certain children, § 736, 227 ■■ may have exclusive control of idle or vagabond children, when, § 733, 226 bonds may be required from parents of, § 733 226 may receive children chargeable to emigration fund, § 749, 233 pay therefor, § 749 233 schools of, to share in school moneys, § 750, 233 supervisors to raise tax for support of § 748, 233 whom it may receive under its care, § 726, 221 New York Ladies' Home Missionary Society of the Methodist Episco- pal Church, its objects, § 868, 268 INDEX. 743 New York county— (Continued.) Nursery and Child's Hospital of New York city, supervisors to levy * tax for §790, /.'... ^ ^245 scnool under charge of, to share in common school fund, § 791, ... 246 P si?®-,^tf®*f)°®® "^' ^^^"^ ^"*'®^ respecting the committing for vagrancy, feS 716-719, 213, 214 rresbyterian Home for Aged Women in New York, its authority and general purposes, §§ 869, 870, 268 irostitutes professing a desire to reform magistrate may commit to cer- tain benevolent institutions, § 882 271 Koman Catholic Asylum, §§ 824-827, '.'.".'.' 255, 256 may bind out children, § 825, 255 may hold real and personal estate, § 826, 255 net income limited, § 827, . ». 255 Koosevelt Hospital, its object, § 872, ■. 269 Rose Benevolent Association, its objects, § 797, 247 Samaritan Home for the Aged, of New York, its objects, § 863, . . 267 St Joseph's Asylum, §§ 822, 823, • 255 managers to bind out children in certain cases, § 823, 255 objects of society, § 822, ..J 255 Seaman's Fund and Retreat of New York, §§ 857-859, 266, 267 employees of such asylum, § 859, 267 owners of vessels to pay certain moneys to mariner's family, § 857, 266 how such moneys applied, § 858, 266 trustees to pay over certain moneys collected at New York, § 857, 266 Society for Protection of Destitute Roman Catholic Children, §§ 828- 846, 256-262 amounts which such society entitled to receive, and duties of su- ' perViS^ors in respect thereto, §§ 843, 844, . . . : 261, 262 certain property- of, exempt from taxation, § 846, 262 children found in public places maybe received by corporation; duty of magistrate, etc., §§ 832-838, 257-260 duty of, in respect to child bound or leld to service, § 840, 261 location of buildings, must maintain a house of reception in New York, etc., § 845, , 262 may take and receive children into its care, and power over, §§ 829, 830, 256 may receive children from parents or guardians, etc., § 831, 257 managers may procure suitable buildings, sites, etc., 828, 256 master of indentured child to report to, § 840 261 to be guardian of children bound or held, to service, § 840, 261 to report to legislature and New York common council, what re- port to contain, § 841, 261 when child committed or intrusted to its care may be returned, §839,. 260 Society for Reformation of Juvenile Delinquents, §§ 751-760,' 234-236 • courts to ascertain age of juvenile delinquents sent to House of Hefiige, §753........ : 235 managers of, § 751, ■'a* may establish school-ship and instruct boys in navigation, § 758, 236 to ascertain age of, in certain cases, § 754,. . . . .'.'i .' :'. 235 magistrate to issue warrant, when, § 756, 235 ■ pp make record of conviction and commitment, § 757, . ...... 236 may employ superintendents aiid other officers, § 759 236 may purchase and navigate vessels, § 758,' 236 may transfer boys from House of Refuge to school-ship, § 760,. . . 236 to have control of school-ship, § 760, ' : . , 236 vagrant children may be committed to House of Refuge, § 752, 234, 235 -who deemed disorderly children, § 755, ... 1 . ^ ...... . 235 744 INDEX. New York county— (Continued.) ^""• Society for Relief of Destitute Children of Seamen, g§ 819-821, 254 children surrendered to care of, may be bound out, § 821, 254 managers to appoint matron, etc., § 820, 254 suDcrvisors' duties resoecting New York Juvenile Asylum, §§ 747-749, 231-233 Thistle Benevolent Association of New York, its objects, § 855, 26S transfer of patients fron» work-house to New York Inebriate Asylum, how effected, § 707, ■ 211 transfer of persons from almshouse and work-house to asylum, § 707,. 211 vagrancy, cases of, in, §§ 717. 718, 213, 214 wages to paupers in, wlien allowed, § G73, ; 203 Wayside Industrial Home, itsj)urposes, § 796, 247 New York Institution for the Blind, §§ 1.530-1536, , 460-462 applications for admissions to, how made, and what to contain, § 1534, 462 to be signed by at least one member of board of supervisors, re- commended by president or superintendent of institution, and transmitted to superintendent of public instruction, § 1534, 462 blind persons from New York and Kings counties, on appointment of superintendent of public instruction, to be received at, § 1533, 461 duties of supervisors of Kings or New York counties respecting indi- gent pupils, §§ 1535, 1530, 462 pupils from New York and Kings counties to be retained at, § 1532, . . 461 term of such appointment, and how extended, § 1533, 461, 462 to be sworn to, and by whom, § 1534, 462 transfer of pupils from, to New York State Institution for the Blind, § 1530, 460 New York Institution for the Deaf and Dumb, provisions relating to, §§ 1540-1549, 464-468 New York State board of trustees auxiliary, etc., for the blind, objects, § 1539 463 New York State Inebriate Asylum, laws relating to, §§ 1824-1851,. . . 552-5.58 annual reports by trustees of, §1 846 557 arrests of patients at, when authorized, § 1838, 556 bonds of, may be issued, S 933, 289 _ commitments to, § 933 289 .Utica Orphan Asylum, its objects, § 938, '. '. .' '.'. ". ! '. '. '. '.' '.'.'.'. '. '. ! ."■..■.■;;; 292 nnnr,^o„.o '"^^^ u ^^^ ^'"^ persoual and real estate, § 938 292 Onondaga county, board of audit superintendents a subordinate, § 941, .... 293 county physician, salary of, § 942, ' « > ^94 contracts for supplies, hov^^ made, § '940, ! ! " '. 293 so°oo °° ^^'ween town and county poor, how may be restored, T A-' j' ■•••••; 60 inaians,, duties of supervisors in respect to, § 948 295 nipneys received, superintendents to render account of, §944,. 294 poor accounts, how audited, § 939, ' .... . 293 Skaneateles, bequests of David Hall to overseers o'f legalized, § 967,'. . 299 investment thereof, § 970, , ' 299, 300 overseers of, to give borfd, etc., §§ 9£7, 968, , . . . 299 actions by overseers for funds loaned, § 971 300 bonds giyen, and actions brought, in what name, and by whom, §972,. 300 report of overseers, what to contain, and to whopa mads, § 969, . . 299 supplies, superintendents and overseers not to be interested in fur- / nishing, § 943, '. 294 , Syracuse, city of, common councjl of, may borrow money to build poor- . house, work-house, and hospital, § 955, • • ■ 296 to have mapagement, etc., of work-house, etc., §§956,957,.. 296, 297 expenses over and above receipts in poor and work-house, how , , paid, § 962, 298 hospital and work-house, support of poor persons at, a.greements may be made for, § 963, 298. hospital to be erected in, § 954, , 296 overseers in, how elected, § 951, 296 ppwers and duties of, § 952, 296 term of office pf, § 952, 296 .persons ?ipplying for relief in, when may be sent to poor or work- house, § 958 297 physician for hospital, common council to appoint, § 964, 298 bond to be given by, § 964, 298 term of office gf, § 964 298 poor and work-house, sale of, authoriaed, § 965, 299 to be erected in, §953, 296 superintendent of poor and work-house to be appointed, § 959, 297 may cause inmates to work, or discharge theip, § 960, 297 water, supply of, for poor-house, § 946 294 expenses of, to be county charge, § 947, , 295 p.rppeedings to obtain, how had, § 946, 294 Syracuse Home Association, objects and business of, § 973, .......... 300 Qhi.'dren surrendered to care of, managers to bind out, § 975, . . . 301 guardiana, ex officio, in certain cases, who to be, § 976, 301 managers to appoint pgsnts, ma.tron, etc., § 974, . . , 301 mother of child deemed, guardian in certain cases, § 976 301 Ontario county, t) welle Cemetery Association, poormaster of Q-orham tp con- vey lands to; title to said lands, §§ 981, 982, 303 Ontario Orphan Asylupi, support of children at, Jjow p»i4, §§ 98,?, 984, 303 overaeer, one in each town to be elected, § 978, 303 .Seoeca, overseer in town of, salary of, how paid, §§ 979, 980, 303 e«periptei>dents in, duty of, to report, etc., § 980, 303 hw. elected, /and term of office, § 977 302 748 INDEX. Ontario county — (Continued.) rAos superintendents, vacancy in office of, how filled, § 977, 302 vagiaiits in, to be sent to Monroe county work-houBe, in certain cases, § 985 303, 304 officer intrusted with, to convey him to worli-house, expense, how paid, § 987 304 support of, at worlc-house,supervisor8rfo make agreements for, § 986, 304 Ontario Orphan Asylum. (See " Ontario County.") Orange county, a part of the Hudson River State Hospital district for the insane, f § 1751, 1752, 530, 531 commissioners of emigration to pay moneys on account of certain paupers, §§ 991, 997, 310, 315 Newburgli, almshouse, commissioners of, to report to superintendent annually, § 1239 384 bastards, powers in relation to, § 991, . . . . ; 311 buildings and repaiis, may finish and repair, §991, 311 election of, § 988, 30G excise laws, suits for violati6n of, to be brought by, §991, . . . 310 penalties, to be paid to, § 1003 316 lunatics, to provide for safe-keeping of, § 991, 311 may administer oaths, § 999, 315 may borrow money, § 991, 311 minors, binding out of, by, § 991, 311 moneys borrowed by, who liable for, § 988, 306 name changed, §§ 989, 990, 306, 307 or superintendent, not to be interested in sale of goods, etc., §1000, 315 penalty for violation, § 1000 , . 315 police justice to pay fines, etc., to, § 1004, '.. 316 powers and duties of, § 991 308 proceedings of board, record to be kept, § 991, 311 reports by, to be made annually to county superintendent of the poor, § 1239, 384 to secretary of state, to be made annually, § 1238, 384 to be made, where filed, § 988, 307 superintendent to be appointed by, § 991, 308 term of office, § 988 ; 306 to make annual report, § 993, 312 what such report to contain, and where to be filed, § 993, 312 to make contracts, etc., § 991, 309 to make estimate of sum required for support Of poor, § 994, 312 action of supervisors thereon, § 994, 313 to purchase lands for almshouse, etc., § 996, i 314 to purchase farm, etc., § 991, 309 to receive no compensation, § 998, 315 to visit, etc., the poor. § 991, 308 vacancies in office of, how filled, §§ 990, 991, 307, 311 vagrants, cells to be constructed for detention of, § 991,;. . . ^. 309 board of, a county charge, § 991, . ... i 310 duties of keepers of almshouse, relatlYe to, § 991, 309 city and town one district for the providing' fot support of the poor, § 998, 305 county poor, town not liable for support of, § 989, 307 excise fines and penalties in, how disposed of; §§ 1003-1006, 316, 317 overseer, office of, abolished, § 990,.. .- 307 recorder and justices of, to pay certain penalties and fines to alms- house commissioners: § 1008, < 317 removal of poor persons to and from, § 1002, .- . 316 residents o^ not disqualified as witness,' *td., § 1001, 315, 31 INDEX, 749 Orange county, Newburgh -(^Continued.) superintendent, office to be kept by, § 992 313 powers and duties of,, § 992 312 town of, to receive piopoition ofivabi'e of pooi'-'honVe' farm', e'tj.', 8 JJo, __ 313 ♦no J'°'^ ^"oV'''"V^''"'''''^'l '^"'i money' raised,"§'995,'...'.'3V3', 314 treasurer of, duty of, § 1009 ... 317 recorder to make out sta'tement of money's' paid to,' i'l'o'o'a '. '. '. 317 Home for tlie Friendless, g| lOU-lOlG 318, 319 board of eoiinselois, powers and duties of, § lOlG, 319 children in charge of, may be bound out, § 1013 318 education, etc., of, provision to be made for, § 1013, .... 318 common school fund, children in schools of, entitled to share Of. § 1014, ; 318 guardians ex officio, § 1015, , 319 indentures of children bound out, who to approve, § 1013,. . 318 managers, powers of, § 1012, 318 mother to be .guardian in certain cases, § 1015, .... 318, 319 poor,. Newburgh city and town one district for the support of, § 988,.". 30G Walden and Middletown, poll-tax in, § 1010 317 Orlftans county, commitments of certain cliildren may be made from, to Society for Protection of Destitute Roman Catholic Children, §§396-410 11^124 poor-house in, superintendent of the poor may be authorized to be keeper of, § 1017, ., 320 superintendent of poor in, one, to be elected, § 1018, 320 powers and duties of, § lols 320 term of office, how removed, ?§ 1018,1019 320 vacancy in office of, how supplied, § 1020, 320 temporary relief in, when overseers to furnish, § 1021, 321 amount of such relief, § 1021, 321 Orphan Asylum of the Holy Family of t|je city of Auburn. (See "Cayuga County.") Orphan asylums, binding out of children by, §§ 173-181, 45, 4C certain penalties under act to prohibit circulation of obscene literature, to go to, §§ 2041, 2042, G34, 035 diildren of destitute seamen, when may be bound out, § 179 40 distribution of scliool moneys, when entitled to, § 1492, 450 poor children may be placed in, by overseers and superintendents, § 170, 45 records to be kept by, what lo contain, § 180, 4G reports to be made by, to legislaiure, § 181, 4G subject to rules and regulations of common schocls, § 1492, 450 Orphan Home and Industrial School of the Iluly Saviour. (See 'Otsego County.") Orphans, binding out of, by asylums, §§ 173-175, 45 Ossian. (See " Livingston County.") Oswego county: Oswego city.. charities, commissioners of public, in, §§ 102G-1052, .324-329 anticipation by, of tax, § 10.38 327 appointed, how to be, their term of office, etc., § 1033, 325 clerk of, §§ 1034, 1042 32G, 327 bond of, § 103G, 32G constituted, how, § 1031, 325 duties and powers of sucli commis-^inneis, § 1034, 320 duties cf clerk of, as to suits, etc., § 1 050, 328 estimate of poor o.Npenses to be rendered by, to common coun- cil, §§ 1037, 1038, 32G, 327 expenditures of, how made, § 1039, 327 750 INDEX. Oswego county, Oswego city — ( Continued.) ' p*'"- hospital and almshouse, to maintain, tetc, § 1047, 327, 328 cells in, for lunatics, etc., § 1048, 328 labor in, by paupers, etc., § 1048, 328 paupers to be sent to, § 1048 328 meetings of, § 1035 ; : 326 not to be interested in purchase of supplies, etc., § 1043, 327 presiding officer of, § 1032, 325 proceedinp:s, etc., of, to be published, § 1041 327 salary of; § 1044, 327 support of certain paupers, contracts for, § 1048, 328 treasurer of, duty of, § 1040 327 volunteer relief fund, balance of, to be placed to credit of, § 1049, . 328 Orphan Asylum, how money raised for, § 1025, 324 superintendents of county poor, number of, § 1023, 323 accounts of, how audited, and by whofcn, § 1024, : 323 supervisors mav appoint to fill vacancy, § 1023, 323 . term of office, § 1023 ' 323 vacandy in office" of, how filled, § 1023 323 overseer, office o^ in city of Oswego, when bbbliShed, § 1046, 337 poor fund, duty df common council of city in I'tespect tO,'§ 1080,. 825 Hannibal, certain moneys in town of, 'how applied, § 1066 332 Schroeppel, collector of town of, duties of, § 1056, 330 ■podr-house fai^rt), etc., tax for t)ui'(iha9e of, § 1053, ■. ; 329 cost of, § 1057, •. 330 duty of overseers in relation' thereto, §§ 1054, 1055 329 to be property of town of, § l654, 329 commissioners to purchase, ^ 1057 330 bond of, § 1057, .' 330 duties of, § 1058, 330 compensation of, § 1058, ; 330 report by, to'be maie to supervisor and justices of peace, § 1058, _. 330 commissioners' accounts, duly of supervisor and justices of the peace in regard to, § 1059, 330 commission to purchase farm, etc., § 1057 330 vacancy in bfflce of, how filled, § 1059 331 may borrow money to erect buildings, etc., § 1060, 331 may sell farm in town of Schroeppel, § 1061, 331 application of proceeds, § 1063, 331 terms of sale, § 1062, 331 to give bond, § 1064, 332 Oswego Orphan Asylum. (See "Oswego County. "j Oswego. (See "Oswego County.") Otsego county. Orphan House and Industrial School of the Holy Saviour, Cooperstown, in, §§ 1069-1072 , 334, 335 supervisors of counties and trustees of towns may contract with, for care, etc., of orphan children, etc., § 1072, ■. 335 poor-house, certain lease and sale of land, how to be authorized, and certain purchase of wood-lot, etc., confirmed, §§ 1067, 1068, 333 Overseers of the poor, actions by and against, §§ 1265-1280 390-394 actions by, against brokers, § 190, 49 accounts audited to be reported in abstract by supervisor, to clerk of board of supervisors, § 118, 34 account books of, when to, be laid before board of town auditors, and penalties for neglect, §§ 90, 91, 28 accounts for personal services, how audited, § 95 29 INDEX. 75J kept, §89 '° °°"°"^' '"■^'"'^ *^'^ ^'■^ °° poor-houses, how to be *°°o°f"§f 40?il ''"''''°'' ^""^'^^""i'ie/andfflkky^nd file stktemenV there'- -^^ accounts of, superiktehdents' io audii,' § 39, ". ! ! ! .' ! ! .' ! ! ' ' ! " ' ! \l and'^n.^nt '°^^7^° ^""^ °f ^^°l''!°i> of distinction between towA Al w,^ ^ ^°oJ',^„P^y °^«'' moneys to county treasurers, § 50 18 Albany county, §§ 192, 196, 197, 199, 202 '.^ . . ; . 51-54 Ornh°.Tn„ °°°'>T'/°'' ?"PP°rtof orphan anddestitute children at S^ .t """^ Industrial Schocl of Holy, Saviour, § 1070 336 bind ng out of poor children by, 8 1391 42^ bonds of, |§ 136, 137, .^. ... .'..'.'.".'.['..'.'.'[ 37 their form, their sureties, where such bonds'toije filed', etc.', §§331 . "*) 25 certain parts of penalties against railroad companies' to go"to''§ 'I'g'o' .' .' ' 49 certain penalties etc., under law prohibiting animals running at large m public highway to 'go to, §1991, 618-620 under game laws, to go to, § 2022 629 630 charges agamst, town to raise moneys to defray, § 156, ' 41 children placed in .orphan asylums by, §§ 173, 176, 45 compensation to, § 139, ' ' " 33 consent by, to binding olit of chiidren, '§' ib's'/. '. '. '. '. '. '. '. .. '. .'."..'!!!.'!! .' 424 consent- of, to assignment of indentures, § 1415, ; 429 consent of, to sale of liquors to certain persons, § 1608 490 costs against, duties of town officers in respect to, §§ 105-107, 81-33 costs may be awarded against § 1345, ■. 414 duties of,, at town meeting in respect to poor expenses, § 92, 29 duties of, in- respect to compelling father, mother and children of poor persons to support them, § 1-12 6-9 duties oj in respect to granting temporary relief, §§ 75, 77, 127, . .24,' 25, 36 duties of, in respect to peddlers and hawkers, § 1473, ..." 443 duties of, in respect to pupils at New York State Institution for the Blind, § 1522, 458 duties of, in respect to sales, pledges or pawns made by Indians for liquors, § 1605, ; 487 duties of, in respect to unlawful removal of paupers, §§ 97-100,. . . 30, 31 duties ot; respecting applications for relief in counties hiving no poor- houses, §§ 81-83, 26 duties of, respecting lunatics, §§ 1657, 1691, 502, 512 duties of, in case of no orphan asylum in county, § 176 45 duties of, respecting determination of the settlement of paupers, §§ 66- 68, 21, 22 duty of, respecting indentured children, § 1401, 426 duties of, respecting indigent deaf and dumb children, §§ 1540, 1541, . . 464 duties of, respecting sending persons applying for relief to the poor- house, § 74, ... . 24 . duties of, to bring suits to recover pfenaltie.s, § 103, 32 duty of, to compel relatives of lunatic to confine him, etc., § 1659, . . . 502 election of, §§ 126-128, 36 eligibility of; § 129 37 excise moneys,'when to be paid to, §§ 123, 124, 35, 36 expenses for temporary support and removal of paupers to poor-house, when to 'be allowed for, § 75, 24 expenses in proceedings on application for sale or disposition of estates of drunkards, how paid, § 1625, 495 fihes under fruit-growers' act, one-half to go to, § 1988, . . ". 617 guardians of indentured children, are, § 1401, .' 1 . 426 habitual drunkards, may J)rohibit sale of liquor to, § 1608, 489, 490 judgments against, how satisfied, §§ 1275-1280, ; 392-394 752 INDEX. Overseers of the poor — (Contimced.) """^ may apply liw warrant of Koizure of property of absconding Tnther, motlii'i , or liDsband, §§ 8-12, S, D may maintain actions for expense of bastards, where bond has been given, § 1359 ^ .... 417 may piosecu'.u father of bastard, (oi- bieach of recognizance, § 1355, . . 415 may apply to inciease order of filiation, § 1331 410 may lake and support bastard and niollicr, § 1371, 419 may expend mont-y received from parenis of bastards, and to account for sucli expenditure, § 13G7, 418 may redeem real estate, and their proceedings for such redemption, §|13-18 , 9, 10 may send lunatics to lunatic asyhitp in New York, § 1GC5 503 moneys collected by, in counties where the poor are all a counfy charge, to be paid over by them within thirty days to county treasurers, §49 17, 18 moneys in their hands to be paid over to snceessors, § 149, 39, 40 moneys invested in their name, and their duties respecting, § 113, .... 33 moneys raised for support of the poor, wlien to be received and dis- bursed by, § 122, 35 notice as to sale of spirituous liquors to habitual drunkards, when may revoke, § 161.8 ." 402 notice to dealer in spirituous liquors bv, not to sell to certain persons, § IOCS, .' 490 penalty for disobeying, § 1609, 490, 401 ' notice to, when determination to abolish distinction between town and couuty poor has been adopted, § 50, 18 not to remove mother and child in certain cases, § 13G2, 417 number of §§ 126. 127 30 oath of office of, §§ 129-133 37 penalties given to, how to be applied, § 51, ^. 18 when to be paid over to county trcasurere, § 57, 18 penalties going to, § 1 72, 44 penalties, recovery of, in name of, §§ 1418-1422, 1424, 1433, 1444, 1453, 1471, 1474, . .'. 431-443 , penaliies upon, for neglecting to pay over moneys to county treasurer, §§49,50 17, 18 penalty againit, foi* neglect to lake care of bastard, § 1375 420 penalty against for refusal to accept office, § 138, 38 penalty on, for confining Innalics ollierwiise than as directed, § 1GG7, . . 504 persons designated by, as habitual drunkards, may contest such charge, §§ 1610-1G17, 491, 492 poor slatiities, to give, in certain cases, § 1242, 385 proceedings to compel committee of a lunatic to confine and support ' him, § 16G9, '. 504 proceedings to contest charge of habitual drunkenness, §§ 1611-1616, 491, 492 costs for and against, in, §§ 1615, 1G16, ..491, 492 expenses in, how paid, § 1617, 492 recovery by, of certain penalties under excise laws, §§ 1576, 1597, 479, 485 re-imbursement of, for taking care of county paupers, §| 75, 83, S4, . . 24-27 suits by. superintendents to direct, § 38, 15 support of poor by, at poor-house erected by two or moretOJvns, § 109, 33 term of office of, § 128, .' 3G their duties in respect to compelling father, mother and children to sup- port poor relatives, §§ 2-7, 6, 7 to apply to Justice to fix sum for support of bastard, § 1373, 420 to compel mother to support child, § 1329, 410 to inquire as to bastards, § lL-13, 406 to determine settlement of bastard, §§ 1JG9, 1370, 419 INDEX. 75g Orerseers ot toe poor - {ConUnwd.) tao.. M'^It °^"°^ '" relation, to settlement of bastard, § 1370, 419 ■' «-^Vf ''''^ntW of property seized, § 9, 8 .tp nptil^ jupermtendentB respecting bastards, § 1363, ; . 418 to .proceed against father or mother absconding, § 1360 417 to procure-suitable .place for confining lunatics, § 1661, 503 ^^ri°IL--° ' and of maintaining such lunatic, howr defrayed, i;., ,§1666, ,,,.,. ^^' J(j3 504 ■ to prosecute constable for not delivering bond, § 1380 ■ , 421 to support bastard, and mother, when, § 1364,..! ....,...,., .^^ 418 treasurer of State Lunatic Asylum vested with same .powers "as,' bow iar,§,lDQ7, , ,..j ^ _ _ gj^]^ vacancies in offices of, how to be supplied", '§"§ Us' 144 !.'!!!',!] .. \.. 38 , ; when superintendents to have same powers as, § 18, ...'.'.'. , ^4 !• ! 10 : <> ■^^en to demand and when to surrender bpoks and papers,' and penalties , for not surrendering same, §§, 147-151, ; ,. . , , 39, 40 .-. wien to p'ay money received from father, to treasurer, § 1368, ....... . 418 wnen to remove mother to ppor-rhouse, ,§ 1374 .,, , . 420 when to support mother and child, §§ 1365, 1366, 418 Pauper children, birth of, in respect to their residence, § 64, i , , 21 education of, and expense thereof, §§ 42, 43, 16 Pauper idiots and lunatics may be supported out of poor-house, § 112, . . ... 33 Paupers, chronic insane, § 1742,. ... , 527 Paupers, intoxicating liquorsj sale of, to, prohibited, § 1590,".'. ..'..".'. .'.'.,!>il 483 maintenance of, by the county or town, § 20, 10 proceedings again5,t relatives to compel the maintenance of, §§ 1-19,. . 6-10 removal of, from one town or city to another prohibited, §§ 66, 95, ■ ! . .21, 22, 30 report respecting, to be made by supervisor tp cle^k of board of, super- visors, I 118,. . 34 sales of liquors to, prohibited, §§ 170-172, , . i 44 sales of property hy, prphibited, §§ 171, 172, , , ; 44 settlement of, s.uperintendeiits to decide disputes concerning, §§ 38, 68 ; ' . . ,, 15, 22 Payment over of moneys received by town and county officers to Qounty treasurer, §§ 185-187, ,...' 48, 49 to town and county officers for services, etc., conditional, §, 18D,;...r. ... 48 Peace officer^,, duties of, in respect to beggars and vagrants and persons ap- r pearing disguised, §§ 1282-1290, .,,..., , . . .895-398 Peddlers and hawkers, iustices to' pay penalties collected frpm, to overseers, §1474,..;... ,......; 443 Physicians for poor-houses, county superintendents to, appoint, § 44, . . . ,y* 16 for poor-bouses in cases of iufectuous diseases and their cerijficates in respect thereto, § 78, .'..,.. 25 Penalties and forfeitures, recovery of, for the benefit of the poor, |§ 1418-1477, .'. , 431-444 books and papers, for not surrendering, § 151, — . 40 certain, part of, under law prohibiting animals ■ running at large, to go to poor, § 1991, ■ 618-620 certain parts thereof s»gainst railroad companies to go to overseer, § 190, 49 certain, under act prohibiting circulation of obscene Uterature, to go to orphan asylums, §§ 2041, 2042 634, 635 cer^,in, under game laws, to go to overseers of ppor, § 2022, 629, 630 for not paying over moneys to county treasurer, §§ 49, 50, .58 17-20 for overseers negleottng to lay their account books before, town audh tors, §91,,.......,....; ,... 28 for removal of paupers, § 96, ... , 30 for sellipg liquors contrary to law, § 1582, ,, 481 for selling liquor to and buying propertv from paupers, §§170-172 ... 44 95 754 INDEX. Penalties — ((7on . • • 20-^22 foor children powers of commissioners of emigration over bastard ot,.u,\ §§ 1868-1871, ,. 573 surrendering of, to any orphan asylum, § 176, .',' .' .' '. .,. .' ,' .' .. '. ...... .'. ! , 45 Poor expenses, duty of overseers in respect to, at annual town meetings, j/^;' § 92,n,i ,p .4. . i ,. ^ ^. ...,',. 29 I^or-housesj;«llowanoe:apd itg rate to persona bringing paupers'to' to'be , , t ,,Rj;eiaoribedby superintendents, § 38, 15 - : ! beggar children may be committed to, § 1284, 396 children in, how, to ,be educated, .«,nd the expense thereof, §§ 42, 43, ., 16 ;; 1 1 county judge may send indigent lunatics to, § 1727, ...... ...... 522 discharge of, Junatics from, §1731, .; ,. ...,, 525 ( (Bxamination and visitation of, by state commissioners of public oh»ri- , ties,, 1, 1256,... . . ,.,,.. ., ■...■. ...;.:..■... .,: 387 , , :. ^rgction of; may be deternained upon by supervisors,. § 45, 16, 17 ' ; erected by two or naore towns,, poor, how supported at,..§ 109, • 30 expense of removing patients from State Lunatic Asyluioj to, how paid, „ 11701, ;:...;...., ;.;.■..■..;.;.. :,,....... 518, 519 ;:,; expenses for the erection of, how to be raised, § 45, ; . 16, 17 , ; • furniture and implernents fpr,;c,ounty superintendents to purchase, § 38; 15 keepersof,!(ppointed]^y superintendents of county, §§21, 38, 44, 11, 15, .,16 .county, how to be appointed and removed, §21, :...., ,. , 3iO-12 pMpers, seiivants and. agents of, appointmeots of, hy county super- intendents, §38,. ..;...... .. , ,,... 15 superintendents not to be, § 4.5, . ., ., ,. . . . . ..,,,, 17 '. i ! (See ";Erie, County.") not taxable,. §§ .110, 111, i „ .,.,■„ .... .,. ..;, 33 , , paupers, residence at, not to operate to gite them a settlement, §, 65,. .. 21 \'i-\ payment .to persons bringing p?iup«jts to, § 38, ., ; . . . 15 persons applying for relief, when overseers may. send to, § 74, •;••••■ -' ^4 ; ,,, how supported, at, and vyh^pto be di.schargesd from, § 76,.. 24 iiri phyeicians.for, .sup.eri.ntenden.ts.to appoint, ,§.44, '.,. 16 . ,'r removal frpcn, pf .in.in?,tes of, i.n case of dangerous diseases, § 78,. ; 25 rules for the govei*ment of^ county superintendents to establish, i 38, i 14 I n Y?,gi:!^nts, v^hen may. be .committed to, § 1283, . , .....,..;.... 395 Poor laws, publication and distribution of, § 1244, 1 4 385 Poor offi.cers, actions by. and against; .and jiiigments agaii»st/§§, 1265-1280, > ■■ ■ , ,,,.; , , ' • , * . , , .<, 390-394 Poor pefsons, .applJGs^tiona by, in counties hstvingno poor-bOuSes, and. pro- . ioeedingB;thereon,.§§ 81-83, .'. 26 ' able to work and maintaiu themselves to be discharged, § 76, 24 ••: '■ bringing and .maintaining suits by, §§ 1259-1264 389, 390 discharge of, ftom .poor-house, wlien to be made,. § 76, .... . 24 ' expense of the remo.valof, from poor-house, how to be paid andcerti- . fied, § 75i ..... J . . .. J. . ., • • • • " •-'•••• 24 . . U maintenanqe of, by the county or town, § 20, , , .■.,... 10 by couipity, when continued, § 108,.., 33 by two or more towns, when continued, § 108, 33 756 INDEX. Poor persons — (^Coniinued.) '"■• penalties for removing, §96,: ; •. 30 removel of, on account of infections diseasesj § 78; 25 sending of, by overseers, to the poor-house, § 74, 24 settlements of, how gained, §§ 63-66, • • . 20-22 proceedings to determine, §§ 66-68, .....; 21, 22 temporary relief of, duties of overseers respecting, § 77 25 •when father, mother and children of, bound to support, and how com- pelled to, §§1-12,. . . . ; 6-9 Powers and duties of county superintendents of the poor, §§ 21, 38, 10-12; 14, 15 Presbyterian Home for Aged Women in Kew York. (See " New York County.") ' Pin'chases, officers, when not to be interested in, §§ 152-154, 40 Poughkeepsie. (See " Dutchess County\") Poughkeepsie Orphan House and Home for the Friendless. (See " Dutchess County.") Poughkeepsie, commissioners of almshouse to' report, §§ 1238, 1239,-. 384 Property of mother of bastard, how applied to support of child, § 1329, 410 of putative father or mother of bastard absconding, may be seized, § 1360, i ., 417 order compelling mother to support child may be varied, affirmed or discharged, § 1343,. ; 413 Public charities, commissioners of, and their duties and powers, § 1245-1258, 386-389 Putnam coun-ty, a part of Hudson River State Hospital district for the in- sane, §§ 1751, 1752 530, 531 keeper of poor-house, supervisors to employ, § 1074; 335 powers and duties of, § 1074, ; ;•. 336 reports to be made by poor-house keeper to secretary of stitte, eta, §§ 1238, 1240, ; .:.. i ........ 384 superintendent, office of, abolished, § 1078, ■ '. 335 Quarantine, appointment of commissioners of and salary, §§ 1978, 1979,. . J 612 commissioners of, powers and duties of, §§ 1965-1967, .' ' 608, 609 when authorized to commute with owner, master, or consignee, and effect of such commutation, § 1982, ;...... 614 confinement of offenders on board vessels under, § 1972, . . . . . , 611 decision of health officer required to put vessel in, § 1941, 598, 599 deputy port warden, his powers and dutiea, § 1 983, J . '; 615 diseases subject to, f 1934, ..*..: 597 " disobeying health officer, and punishment therefor, § 1959, 606, 607 duties of masters of vessels subject to visitation by health officer, §1955, 604, 605 of pilote, §§ 1956, 1957 605, 606 respecting pilots, §§ 1956, 605 duty of commissioners of emigration respecting alien passengers, at, § 1974, ...611 duty of health officer in presence of immediate danger, § 1961 607 eSftiblishment of, what to consist of, § 1925,.. .■. 695 fees of health officer, and his duty respecting such fees, § 1977, 612 floating hospital, §§1930, 1»67, 595, 609 health officer, appointment of, his qualifications, powers, duties, etc., §§ 1948-1952, eOO-603 annual reports by, to commissioners of, § 1969, 610 decisions of, and mode of appeal therefrom, §§ 1962, 1963, . . 607, 608 duties of assistants and deputy, § 1950, 601»-603 expenses of, and other emoloyees, how paid, §§ 1953, 1954, . 603, 604 ' hospital and its use, § 1980, . /. 613 expenses for care and support of patients at, how paid, § 1980,.. 613 INDEX. 757 Quarantine — (Coniimaaf.) ,, j.^„ hospital, jurisdicti6n of courts respecting, § 1981, 613 614 ,,, physioan to, anpomtment of, § 1980 !. . .. .'....;....... ' 613 Tpnt ,il°° .°^«'", Offenses sp'eoified under laws relatiog to, § 1973, . . .'.'.' 611 nf 88 lq^f',1^lf°'ij?«?"^''' of expenses, etc., and mode of enforcing, . at,^§ 1953, 1954, 1960, 603 604 607 meetings of commissioners of, and annual reports by," 'to 'legislature', ..passengers of vessels und'erj 'how'pr'o'vid'ed'for,' '§"i97i,'.".!.'.'.'. .'.'.'.' 'eio', 611 . . ; period pf, § 1932 _ , ' ' ' ' ggg persons l)oarding vessels subject to, and penalties 'therefor! '§ 'iSo's' '.'.'.'. 60G P"sf^a« ,nL'°*^'^''*'°^''«s=«'s for violations of quarantine law, §§1955,1956, ,... 604, 605 salaries of employees at, health officer to fix, § 1968. 609, 610 ^^1*^1^0^°^* ^^^^°' ^'^ P"^^""^ ""id duties respecting vessels under, §1983, ............ 615 suits by commissioners pf, for penalties and forfeitures, § 1964,, 608 vaccination of persons arriving at, § 1933 597 vessels at wharves at New York or Brooklyn, when' 'may be' ordered removed to, and lien upon such vessels, § 1970, 610 I vessels at, when may return to sea, § 1942, 599 i well and sick personsiat, § 1943, ', 599 Queens county, a part of tlie Hudson River State Hospital district 'for' the insane, §§ 1751, 1752, '. 530, 531 Hempstead, overseers in, number of, § 1083, 338 where to reside, § 1084, 338 farm in, purchase of, § 1077, 337 money for such purchase, supervisors may borrow, § 1075,. . . 337 overseers to have control otj § 1079, 337 paupers upon, employment ofj § 1080 337 price thereof, § 1077, 337 products of, how applied, § 1081, , 337 Jamaica village, overseer in, § 1088, 339 his powers and duties, § 1089, , .1. . . 339 firemen's widow and orphan fund in, objects of, § 1090, 340 Joneis' fund, certaincmoneys to be paid to,, by Oyster Bay and North Hempstead, § 1085, 338 object of such payment, § 1085,.,. 338 trustees of, to make report, etc., § 1086 338 Long Island City, beggars and vagrants in, § 1087, ....... 339 I^ilroad companies, certain parts of penalties against, to go to overseer of the poorg.1,190, .'.. ». 49 Real estate,, leasing or sale of, § 1490, 449 mortgaging of, by benevolent associationsj § ,1489, 449 ; redpmpti«h of. by superintendents and overseers and proceedings there- on, §§ 13-1&, 9, 10 Recognizance, of putative father to appear at sessions, § 1316, , 4Q6 proceedings on, given by father, § 1356, 416 to be taken on adjourning appeal from order of filiation,, § 1337, ...... 412 Record of children, orphan asylums to kee|), § 177, ... j 1 45, 46 Records, books and papers, when to be demanded and surrendered. up, §§ 147-151, 39, 40 Redemption of real estate, and proceedings thereon by superintendents snd . overseers of the poor, §§ 13-18, ... ... ' 9, 10 Relatives proceedings against, to compel the maintenance of paupers, §§ 1-19 6-10 Relief, temporary, in counties, §§ 161-169, 42-44 temporary, overseers, when may give, §§ 77, 127, 25, 36 Religious jyorship, penalties for disturbing of, to go to benefit of poor, § 1458, 440 758 . INDEX. EetodVal of paupers without legal authority, and perialties thertfor, eto^ , >§§: 66-68, 06-100, 102, ■. .' . .:.:'.../..' 21, 22, SO-32, Eensselaer oounty, a part of the Hlidson Eiver State Hospital district for I ' the insane, §§ 1751, 1752, :..........'. :............ 530, '531 aoting iuperiTltteBd«nt of the poor, in, designated, '| ,1092, ..... .,, . . 341, 342 bail of, how given, § 1093, .......... . . .-.■. . ! V. . .'. 342 may purchaaet 'necessary articles in certain cases, § '1100, . 344 to award contracts to -lowest responsible bidder furnishing' guar- I anty,§ 1099; .'''A ...;.......:' .. '.' 1344 to make estimate: and- advertise for proposals for supplies, § 1098,.. 343 auditing superintendents, designated, § 1092 342 Church Home of Trdy, objects, § 1121, .'.'.,•■, -;;••'. 349 ' county judge, superinten-dents and overseers may setd lunatics to ' county lunatic asylum, §§ 1111-1113, .........'.:.'..,. ... 346,347 indigent insane^ may be removed from TJtica' asylum t6 bourity lupatio ' asylum,- § 1112, _ .-. ....'... , . • . .347 keeper and physician of house of industry in^ how appointed, § 1100,. 344 labor of paupers in-ViCfuse of industry, § 1107, .." '....'."... . 346 lunatics in, |§ 1111-1 114, i ......;........... 346, 347 lunatics, indigent; powers- of oounty judge tct send tb Rensselaer colinty lunatic asylum, § 1111,.. '..:... •,,••••• .346 physician to house of indpstry, book to be kept by^ .§ 1108, . . . .'. ..... 346 produce of county farm, § 1106, . . . '. ,'..' '.'.'.'.. '^ '..'..". I '.'.', . 346 Rensselaer oounty insane asylum, lunatics to be sent to', § 1111, ... .'. .^,346 supermtendentis of the poor in, and how ajjpdinted, §§ 1091, 1092, 841, 342 ■ board of to appoint keeper of house of industry' and pliysidan, §1101 '....-.. '.,.' .i:...?J:'^..l 344 Salaries, § 1101, , 344 removal of, § 1104, 345 back of accounts to be kept by, § 1095, ....... .. 343 tax payers may examine, between certain hours, § 1096, .... 343 book of record tobe kept by, § 1103,. ..•..'..: ,,.845 to be open for -inspection; etc., § 1103, !,';'! .'345 - money for supplies, not to be paid until articles delivered, § 1102, ■ " ',844,, 345 their powers, duties knd liabilities, §§ 1094-1109','1112, 111^, 342-347 to make annual report,- § 1109, '. .' '.^'.' . . .' 346 temporary relief, duties of superintendent in relation to, § 1103 345 treasurer, duty of, regarding draftsj etc., § 1105,. '. ,345 Troy, city of, overseers in, 'appbintnjerit of, § 1116,'; .".' . . . . '3^7, '' overseer iv, to aCcourit to'common fcouScil, § Siy. . .''. '. .... '^9" ■ -poor department in, duty of common council in respect thereto, ' §1116,.....-.. '.......';. .........:... .347 ' -'Troy Day Home, objects, § 1122, S4!) Tfby Orphan Asylum, Ijindiiigbut of children by, § 1117,. .. . , . . . '. '. . . S48 ' may take and hold property, § 1119, ......... . '. '. 348 ■ ''[ trustees of, may make contracts to support pbot-'children, § 1118, 348 Reports, Albany county, superintendent of county almshouse to make, to secretary of state, § 123?,1 384 a neglect to muke, -when deemed to be a misdemeanor, § 189, 49 by benevolent societies, § 1491, ; . .' 449, 450 by state commissioners of pubKc charities, §§ -124-8^1-251,j 386-388, by superintendents to secretary of state, to be made annually, and what such reports to contain, §§ 114, 116, 119, .;.....'.. 34,' 35, certain provisions of law relating to, made applicable to certain (jities, § 1238 ;.;..-:;..:.... ;..... 384 commissioners of almshouse of Poughkeepsie to make, to siipeAiitend- ent annually, § 1239, '. 384 Dutchess county, commissioners of almshouse of Pouglikeepsife to make, § 1238 384 INDEX. 759 Efep6rts — ( ConfenueA) , .i paoi, Fulton county, superintendents of, to make, to secretary of state, :§ 1238,... ::...,. .,....: ...:...,.. ; ss* Jeflerpon county, superintendents of, to make, to secretary of state, § 1238 .,: 384 New York, commissioners of pul)lic charities, ;and correction to make, to secretary of state, § 1238, ,..:..i. 384 Q'rkijge county, commissioners of almshouse, Newburgh, to make, to secretary of state, § 1238, '. 384 penalty on supervisor, superintendent or clerk for not making, § 120,. . 36 . Piitnam county, keepers of poor-house of, tp make, to secretary of Btate, § 123^,. 384 secretary of state to make annual, to legislature, § 121, 35 town arid coiinty ofSqers, of moneys received by them to be made to supervisors § 185, .- 48 Besolutipn to abolish distinction between' town aqd county poor, by whom, and on whom, copy of, to be served, § 56, , 19 Bichniond county, a part of the Hudson jlivpr State Hospital district for the insane, §§ 1751, 1752, 530, 531 Edgewater, appointment of superintendent for, § 1 132 351, 352 his powers and duties, § 1132, 352 poor-house keeper in, duties of, § 1132,. ..,..., 352 Middletown, laws of 1862 made applicable to, § 1130 351 NiBW Brighton, superintendent in village of, § 1133, 352 overseer, ofiSce of, abolished, and their duties and liabilities conferred on superintendents, §§ 1125,1126,. *.. 350,351 superintendents of the poor in, number of, classification, where to re- side, how arid when elected, etc., § 1124, 350 to furnish statements of amounts e;8:pended, § 1128, 351 to keep an entry of all relief granted, § 1127, 351 to report to supervisors, § 1127, • •; ^^^ ,, supervisors to publish statement of moneys raised for temporary relief, etc., §1128, ....351 Rochester fiome for Friendless Children. . (See '' Monroe County.") Roohester Home for Idle and Truant Children. (See "Monroe County.") Rpehester. „ „■. (See " Monroe County.' ) Rockland county, a part of the Hudson River State Hospital district for the insane, §§1751, 1752, , 530, 631 excise penalties, commiss.oners to pay, to supervisors for benefit ot the expenses of prosecutions, how paid, § 1135, -•, •■ 353 Roman Catholic Asylum. ,, i;^ .i.--^ ■ ;:i-. (See "New York County.") Roman Catholic OrphanAsylum; Society of Rpohe?ter. (See "Monroe County,") Roosevelt Hospital. _ ^ , r^ » i,v (See "New York County.") Rose Benevolent Association. „ , ^ . „x (See "New York County. ) ^°'"*- (See "Oneida County.") St. Joseph Asylum. ^^^^ ., ^^^ ^^^^ ^^^^^^„^ Bt; tawrence county, poprjUouse site in, and certam acta of the boa,d of supervisors and of the county treasurer legabzed, §§ 1136-1138, 354, 355 Ogdensburg, beggars and vagrants m, § 1139. •• f^ city o^ power of common cou^c^l. of, § 1139 aoo 760 INDEX. risi. Swnt Vincent's Roman Catholic Orphan Asylum in the city of Albany,; ,§§ 218-221,- i.:.: 58 - children bound out by, to be suitably educated, § 219, i . 58 surrendered by parent or guardfan niaybe bound out by, § 219,. . 58 ■ 'Corporation to be subject to provisions of Revised Statutes, § 221,- .... 58 mayor of Albany to be gtlardian of dJ-phah child, § 220, ........( 58 ■ mother to be guardian ef child in certain cases, § 220, 58 provision to be inserted in indentures for education of children bound by, § 219, 58 Sales by and to pauper, when prohibited, §§ 170-172, .' 44 officers, when not to be interested in, §§ 152-154, '.'[ 40 ;■ of property of person absconding, when ordered by tjourt of session's, and proceedings thereon, §§ 10, 12, '.....: '. . . 8, ' 9 Samaritan Home for the Aged of New Tork. (See. "New York County.") Saratoga county, a part of the Hudson River State Hospital district for the i insane, §§ 1751, 1752, 530, 531 distinction between' 'town and County poor, supervisors may restore, §223,.... 59 duty of clerk of supervisors in ease such distinction is re,stored, § 224, .' 59 Meohanicville, vagrants in, § 1143, ......; 356 poor expenses in, a county charge, § 52, . .' 18, , 19 ■'■ Saratoga Springs, one overseer in town of, § 1140, 355 compensation of such overseer, § 1141, '355 temporary relief in, justice of peace not to receive pay for grant- ins, § 1142 ; 356 Schenectady county, keeper of poor-house and phvsician, appointment of, ' § 1149 358 oaths, superintendent may administer, § 1148, 357 overseer in city of Schenectady, appointment of, § 1 151, 358 Soheneotady, city of, special poor laws relating to, §§ 94, 1151-1156, 29, 358, 359 Buperintendentof the poor in, his election and term of office, §§ 1144- 1 147, ; . : 357 not to be interested in contracts, § 1150 , . . . . 358 vacancy in office of, § 1147, ; ' '.'..... ^57 supervisors to appoint keeper and physician to poor-house, § 1449, . . . 358 School moneys, orphan asylums, when entitled to, § 1492, 450 Schroeppel. (See "Oswego County.") ScKiyler county, Watkins, poll tax, when may be remitted, § 1157, . . 359, 360 Seamen!B Fund and Retreat of New Tork. '■^ (See "New Tork County.") Seamen, indigent families of, relief f6r, § 180, 46, 47 Seainen, Society for the Relief of Destitute Children of, when may bind oiit children, § 179, 46 Secretary of state, abstracts, etc., of returns to be reported by, to legisla- ' ture, § 121, 36 annual reports by superintendents to be made to, §§ 114-116, 119, 34, 35 duty of, respecting forms, §§ 1243, 1244 385 duty of, to publish law requiring superintendents to report; with forms ' under such law, §117,.... 34 poor laws to be published by, § 1244, 385 reports to, relating to statistics of the poor, §§ 1238-1242, ... 384, 385 suits, when to be ordered by, on account of failure to make returns on part of superintendent"!, etc., § 120, 35 Seneca county, auditing board, who to constitute, § 1167, 362 contracts for supplies, supervisoi-s to make, § 1 161, 301 distitictiou between town and county poor, liow may be restored, in. ' §229, ......'.. , :..: 60 mmx^ 761 Seneca county_(Con«n«e*) p^,.^ cou"ly*nZ?^l?fi/!?-t° "^e^toredUtinction between town and °^n^ok' tX"4ti;:rsr '^^ '^"'"' ^^- ^ ''''' m one to be elecied in each town,' VlisS,' :: '. '. ". '- ". '. '. '. ". '. '. '. '. '. '. ', '. '. '. '. '. 362 sronm^ns-fSB^nS™"*"''"''^ ■ Ig ^°kLnin^°ff^roor''°°'' "°l'^^f»l tP put up' at auction 'or'skie.the xP"'=> r> 8 ^^^1 , .,, 60 61 Bupenntendents to be subordinate, JDoard of audit, § 1162, .' .361 accounts ofj how made out, § 1163,.,..,.,.,,',°.,. 361 not to be interested in furnishing supplies," §"l 163, '.'.'." ". ". !'."'."' 361 statements to be made by, to supervisors, §1164,. 361 supervisors may restore distinction betwfien .townand county poor, 8 f.^" .•••!••::, : J » .. i 60 . v8upplies, supervisors to direct purchase of, § 1166, ; 362 superinte^ideiits not to be interested in purdliase of, § 1163, ...'..'. 361 Settlement of p9or persons, contests respecting, how proceeded with, §§ 66- 68,.,,.,,,,]..., , .^. ___ 20-22 ' gained, how, §1 63-66 '^O to be supported by the towns in whiph they have, §§63-66 „ . 20, , 21 Ships and vessels. (Se^ "Emigration, CojnmissiQners of;" "Emigrstntii;" "Quarantine.") Societies^ benevplent and charitable, §§ 1478-1492, . .' ...... 445-450 Society, Cliildr'eu's Friend,' .its object and purposes, §§ 216, 217, 57 Spcipty iiw' Rieformation of Juvenile Delinquents. (See "New -York County.") Sopiety for Protection of Destitute Koman Catholic Children. - i (See " Erie County ;"" New York, County.") Society for Relief pf Orphan and Destitute Child^-en, city of .Albany, . ; . §§ 206-215,. , . i ,.,;...;...;.;,... .;;,, 55-57 children , may he surrendered to charge and custody of, by parent or ^ -, guardian, § 209, , , ,....' ,.,.,.,.,,, 56 phildren over eight years may be bound-out by manjigers, § 209, .... 56 children surrendered to, and bound out by, §§ 509, 210, 56 •' .duty of manageis in case of surrender, of child, .^209, , . , 56 indentures of binding to contain provision lor securing to child anedu- cationfittingandproper foritsconditionandcircumstancesinlife,§209, 56 Society for the Aid of Friendless Women and Children, by-laws, how . , enacted, §1554,. .v.".'.'.... '...., , 469, 470 children, how received in, and taken care of, § 1555, , 470 ,, \ binding out ot, by, §1555, 470 cancellation of indenture of, and its effect, §1556,, ... ...,>.. 470 its affairs, §§ 1552, 1553, '.'. ". w . . 469 pbjeots of, § 1551, 469 powers of,. § 1550,..:......, ;-•■.•» •.• , ^68, 469 proceedings in case indentured child not properly itreated, and powers and duties of certain, judges in respect thereto, §1557 ■., 470, ,471 Society for the Relief of Destitute Children, its powers to bind out children, , § .;|79, 46 Soldiers, seamen, and their families, relief of, §§ 180-184, ^. ..... 46-48 Special town meeting, vacancy in office of overseer supplied by, ^g- 143, 38 State Commissioners of Public Charities, §§ 1245-1258, 385-389 (See "Charities,") State Homoeopathic Asylum for the Insane at .Middletown, by-laws, how established, § 1780, ',','..■...'. .- ■ ,^37 laws relating to, §§ 1744-1786, 536-538 patients, cliarges for care. and treatment of, at^ legujated, § 1782, ,,,, — 537 physician and other oMcers of, how appointed, § 1781,, 537 96" 762 INDEX. State Homoeopathic Asylum for the Insane - righft, fovfeTB irnd dftties of trustees of, § t77r, ...:.' 536, 537 salaries of physicians and otter officers, how fixed, § 1781, 537 State Lunatic- Asylum: at TJtJca, laws respecting, 1671-1732 505-524 '■■ • • (See ''Lunatic Asylum, State, at Utica.") ' duties of superintendents of certain counties fespeo'ting, § 1242,. .' .'. . . 385 State Lunatic Asylum for Insane Criminals, cdnVicta at statfe prison^,' when '' ' to be removed to; § 1795, ;...:;;: '.. .' ; , . ; 540 convicts not to b6 retained at, aRfer expiration of sentience, unless by ' order of county judge, §1796, '.'.'. 541 convietSi when resWred, to be returned to Auburn prison, § 1797, 541, 542 i 'du-ty of -agent and warden of state pnson on transferring insane crim- '■ inal to,- §1798, .,...;.. ......;;. i...., 542 examination of convict, pay of physician for making, § 1799, ..... . . 542 female convicts at Sing Sing, "When to be removed to, § 1791, 539 ' laws- relating to, §§ 1787-1801, ; ; ; . ; ; 538-543 • officers of, and their pay, § 1790, . . ' ; :: ... 539 ' pay of physician at, for attending meetings of state prison inspfectors, § 1799, :'. i ; 542 persons escaping indictment, or acquitted upon trial, when may be seflt to, and proceedings thereon, § 1800, 542, 543 ' - proieeedings before county judge in order to retain convici after expira- tion of his sentence, § 1796, 531 retnb'val of convict from, to county whei-ein convicted, how and when, ' § 1796,......; :..:... 541 du-ty of superintendent of poor in case of, § 1796,. 541 removal of lunatics froni other asylums to, vvhen authorized, § 1801,. . 543 superintendent of, and his pay, § 1789, 539 bond of, § 1792, . ;■ '.' 540 duties of, §§ 1789, 1793, 539, 540 State prisons, duties of inspectors of, 'relating to insane criminals, and the ' ' asylum therefor, §§ 1788, 1790-1792, 1794, 1795, 1799, 539-542 State treasurbr, salaries of officers of State Lunacic Asylum to be paid by, ' ■§' 1677 ; ; ; 508 Statistics of the poor, reports relating to, §§ 1238-1244, 384, 385 Steuben county : Davenport Institution for Female Orphan Children, §§ 1171-1178, 364, 365 ' devise of estate to, authorized, § 1178, 365 funds of, loan of, § 1175, .' 365 objects and purposes of, § 1171, 364 ' property of, exempt from sale, § 1173, ; 364 fiuperintendent of poor, when to remove certain children from, §1172,.. .' 364 taxation, property of, exempt from, § 1174, 365 • trustees of; powers of, § 1173, '. 364 supervisors may appoint two, § 1 177i 365 to make statement of exempt property-, § 1174, 364, 365 who to be supported by, § 1172, .• ; . 364 • 'distinction between town and county pom-, how may be restored, 4 225, 59 Hornell Libi-ary Association, certain excise moneys to go to, § 1179, ■ 365, 366 funds -of; feow paid oiit, and for what purposes, § 1181, 366 niaapplication of, penalty for, § 1182,. '. 366, 367 how prosecuted for, § 1184, 367 treasurer of, report of, § 1180, 366 to execute bond, § 1183, 367 superintendents of the poor in, purchase of certain lands by, § 1170, • . • 363, 364 sale of certain lands, § 1170, ; 364 Stolen property, when to be appropriated to the \ise of the poor, § 80, 25, 26 INDEX. 763 PASS. I^^^nas, superintendents may issue,i§ 38, il ...... .^ l ......... 15 Bufitolk county, a pact of the Hudson River State Hospital district, for the ; : insane, §§ 1751, 1752.. c;.; 530, 531 fishing .with drajr, dredges eta, §§.1189-1193, ..:;.•... 369 ; . penalties, §§.1192,. 1194, 1195, .i.-.v 369, 370 .how applied, § 1196, J. ..;....> ;. .'; . ...i .ij. . . 370 :i prosecutions for, §1196, .r :...;;.. .i. .. 370 i OTerseers,. accounts, of,, how audited and paid, §§1185, 1187,; ... .368, 369 to.wn.detk, duty .of, as to accounts of overseers,. §§ 1186, 1187,...:... 309 Sails, bringing and maintaining, by pbor persona, §§ 1259t-1264,. . 389, 390 by and against, p^or officers, .§§ 1265-1274, .... .:. . . ; . . . 390-392 judgments in, againsb.poor:.oficerSji§§ 1274-1280, ;..■■..; 392-^94 , suptriatendents to order overseers to bring, §r38, :. 15 ; b (See "Actions."), . SuUiVaa county,, a partTdf the Hudson Riverr State Hospital district for the • :„ insane^ §§ 1.751, 17.52, .';.,.;......... 530, 531 ; ;:.'poor.-ho.use farm,. sale ofj iuith<5ra!sed, § 1198, j. Ui:.;. .. 370 I ., J. : Ideed thereof,, how executed, § 1 199; ■, - :370, 371 ,1 site for new, supervisors to. purchase,- § 1200, ..>.-.-■... 371 j I . jsuperviaors authorized to Change location of* § 1 199;v . , w .. j ; .... 371 Siaday, articles exposed for sale on, when to^be forfeited for use of the poor, §.1464 ;. i, .441 ; ; :sho.oting, hunting and trapping on, and penalties therefor, § 2009, . — 625 Superintendent .of Public Instruction, duties of, respecting the New Tork . . State Institution for the Deaf and Dumb; and the. Institution for the Improved Instruction of Deaf - Mutes, . §§ 1545-1549, 465-468 ,:. regulations prescribing, admission to Blind Mechanics' Association^ to ,.I be. approved by, §153.8, i'. 463 i powers and. duties of, respiecting. pupils in New Tork Institution for the , ,;,. Blind, from Engs and New York counties, §§ 1532-1536, . . ; . 461, 462 Superintendent or superintendents, summary proceedings against keeper of (•.>■.:'. county poorrhouse, § 21, . .. i .. . .. i. . . 10-12 tolappoint and remove keeper of county poor-house, §§ 21, 44, 10-12, ■ 16 Stt^erintendents of the poor, accounts for audit by, how to be made out, -,. §§159,160, - -v... ......./■.41 ;. . accounts of, liow audited, § 169iyi ....... j. . . .' ;.*..> -44 ' i a'eor.pQratiQn,.tb be .by name of. Superintendents of the Poor of the county, § 38, : '• 14 -f actions, by, §§ 1265, 1266 '. • J • ' 391 . against, §§. 1269-1272, .....;.' - . . . .^ 391, 392 ~, I , duty of supervisors in respect to, §§ 1275, 1276 .392, 393 ! iandiQverseers, may send lunatic to asylum in New York, § 1665,. . . .■:■ 503 ..S expense Ithereof, and of maintenance, how defrayed, § 1666, . .503, .504 !■ r-Kninual statements by, to county treasurers, § 85, j 27 ■ atlexpiration of their office, to pay over moneys, etc., § 36, ! 15 ;.' binding out. of children by, when authorized, § 1390, 424 Hi bonds of,, and their form, §§ 28-32, ..U ...;......'.... . .... 13 ill . diity.of supervisors to fix penalties, and : how sureties may be ap- proved; § 29, .. . I,... ....'. '.■ 13 "tehildren may be. sent by,, to New York Infant Asylum, §789, .'.. 245 ■„ rfaoedin orphan, asylums by, eta, §§173-178,. . 45, 46 ; ; ,", when may be placed by, in any orphan asylum, .§ 176, i 45 ; ' costs, when awarded against, § 1345,. ...... . . . . . . . . - '"'tit counterpart indentiires exe6uted by, to be filed, § 1396,. .'. 425 ; debiaious.by, to be. filed, § 38, • •■ ■ ■ • • • ■ '^ io• . when.final, .§ 68, i.. ■.■.••■■■''.•',■ "•':■■;' •"" "■ determinations by, in respect to ascertammg settlement of. paupera,' ^^ ' dudeJJf,Tn Vespect to pupils discharged fro'm i*ot asylum, § 1820, . . .' 550 in respect to chronic insane paupers, § 1 ( 42, . o-< 764 INDEX. Suf)ermtendent8 of the poor — {Continued.) ■ '"""• duties of, in Tespect to persons sent to poor-Houses as ^ounty paupers, §M, - ■' •.•• 23 in .those counties where there are no poor-houses, respecting ■ county paupers, § 71, 23 . in respect to persons supported at poor-houses, § 76, 24 respecting towns required to support their own poor, §§ 85, 86, . . 27 ' respeotingr education of pauper children, § 42, 16 in case of removal of paupers, §§ 97-101, i 30 in respect to lunatics, §§ 1657 691, 1743, 502, 512, 627 election. of,.§§ 21, 22, 35, .?., '■•■ 10-14 expenses for purchase of lands and fereotioB of poor-houses thereon, to be paid to, § 45, ^ 16( 17 guardians of indentured children, to be, § 1401, 426 insane criminals, when to be- delivered to care of, § 1796, 541 judgments against,. § 1275, 392 county treasurer, when to pay, § 1277 i 393 executions not to issue on, in certain cases, § 1280, 393, 394 '- keepers.of poof-houses not to be, § 47, . . 17 'majority competent to Wansact business, § 37, 14 may apply to increase order of filiation, § 1331, 411 .'may. commence actions for expense of bastard when bond has been given, § 13691 ^ • ■^^^ , may compromise with putative father, § 1377, 421 may prosecute father for breach of recognizance, § 1355, 415 penaJties recovered by, to be paid to ddunty treasurer, § 103 32 penalty on, for neglecting to report, § 120, 35 ^powers and duties of, § 38, 14-16 powers of, respecting lunatics, § 1670, . . ; . . '. 604 respecting support of idiot and lunatic paupers, § 112, 33 redemptions of real estate by, f § 13-18, 9, 18 . reports, by and to, §§ 1238-1242, 384, 385' ; reports ^y, to be made annually to secretary of state, and what such reports to contain, §§ 114-116, ; ' 34 ■ statements by, to supervisors, § 86, 27 stolen property, when to be delivered over to, § 80, .....: 25, 26 suits by andagaiust, §§ 99-103, . . . 30-32 suits, when to be brought by, in name of overseers, § 38, 15 supervisors or county treasurers not to hold the office o^ § 47, i 17 Bupel-visors, when to direct, to purchase lands for erection thereon of county poor-houses, § 45, 16, 17 support.of paupers only to be county charge on sanction of, §§ 70, 71,. 23 temporary relief, when only to be granted under sanction of, § 77, ... . 25 term of office of, §§ 21, 22, 35, . 10^14 their number {Bid terms of office in each county, § 21, 10-12 to apply to justice to inquire as to bastard, § 1213, j 406 . - to .compel mother to support child, § 1329, 410 to draw on county treasurer, when, § 39, 16 to have notice before father or mother is discharged, § 1351 415 to prosecute constable for not delivering bond, § 1380, 421 treasureV of State Lunatic Asyliim vested with same powers as, how far,§1687,. ; 511 until what time have to take oath of office, § 28, 13 vacancies in office of, how filled, §§ 23, 26,-S6, ; i 12-14 when one to be elected, § 21, ; . . . 10-12 - when to have same powers as overseers, § 19, 10 Supervisors authorized to contract for support of pauper children at Orphan House and Industrial School of the Holy Saviour, § 1072, 335 board of, annual estimate of expenses for support of county poor to be presented to, § 88, 28 INDEX. 765 Supervisors — (CoMfeweA) i paois. -,; .board ofj determination of, for erection, of county poor-houses, § 45, 16, 17 t- duties of ■clerk of, in case of.aboUtion of distinction betw.een town . and (^unty poor, § 40, . .. .9 ..' ■ 18 duty of,' to direct county treasurer to pay New York State Institu- tion foil, the Blind certain charires in respect -to, blind pupils, §1523,,...,,... 458; 459 . ..^^P^nses for erection of county poor-houses and for purchase of ; , r lands there:for, how raised by^ § 45, ..,„..: : 16, 17 may determine the number of county superintendents, § 21, . . .-. 10-12 to fill vacancy in offlcei of superintendent, §§ 23- -26 12, 13 to fix the penalty of the bond and, approve of the sureties of su- perintendents, §§ 29-31, "13 boards of; county treaj^urers to lay, before, the accounts kept by them with towns required to support their own poor, and proceedings of said boards thereon, § 87, .i » j.,.j. ^ 27 , distinction between town and county poor, power of, to abolish' or revive, §§58-55,, . ., .,, ../..;., 19 duties of, in respect, to compelling towns to support their own poor, §69, .,.'.....,.,, • 22^ 23 resolution relative to temporary relief in counties, §§,161-169,.. 42-44 statements to, of superintendents, respecting expenses of towns required to support their owij, poor, § 86, 27 ^superintendent's accounts to be audited by, § 169i,. 44 ;^ bonM of overseers to be approved by, §§ 136, 137, ........,,....;.... 37 f ■ compensation for removal of Junatics to asylums, to be fixed by, § 1132, 523 .;:: duties of", respecting clothing for pupil^ at jisylum for idiots, § 1818, . . . 549 discharged pupils from idiot asylum, §i 1829, 550 duty of, respecting indigent deaf aud du(nb, §§ 1540-1542, 464, 465 duty of, respecting judgments against poor officers, §§ 1275, 1276, 392, 393 not to be superintenden,ts of the pooi;, § 47 <.. . 17 ofl&oial bond of overseer, with sureties, to be executed to, and approved by, §§ 33, 34,. .,.'.. . , , ' If penalties on, for neglecting to report, etc., § 120, , 35 , popr statistics, to give, in certain cases, § 1242, .-, .,. ■•>,.. 385 to abstract accounts audited of overseers, and report such abstract to clerk of board of supervisors,, and duties of, such clerk thereon, §§ 118, 119, ■ • 34, 35 to audit certain accounts of overseers, § 95, 29 town and village excise moneys to be expended under direction of, for support of town poor,,§ 1563, • • • • ^75 '^ (See "Brie County.") Supreme court, ' authority of, to benevolent societies to mortgage,, loan or , sell real estate, §§ 1489, 1490,.. ........:.•....-.■••.•■ •^- •.•■- 449 ■-judge of, power of, to commit drunkards to inebriate asylum, § 1837,.. 556 Syracuse. (See "Onondaga County.") r u ■* vi • .-* *• " Taxation, poor-house property and other property of charitable institutions ^^ TalerpxpS'^s Kounty^poor" house lands and fo^ 'erections tbereon"tV,be ^^ mJnevs^invested'in'namVofoversVe^^^ toward U f nf S 113 • ■*.»......; OO numstoleT^sed'hy, for 'support pf 'the' poor, to be voted for at town ^^ meeting, § 93, '••••• .•■•-, - '-^v* ^^ Temporary reli^, §§ 27, 127,. •;••••■•• * ne Suties of overseers respeotiqg, § 77, .,. ./ i 1----- |° °^^'^^i^':^u^4-S"i62iie^:::^:y::::-:::::::::::-^^ The Friendly Society of l^'^K Yofk^JuS'.") 766 INDEX. Thistle Benevolent Association of New York. (See "New York County.")' ' ^ao*. Tioga counly, note a. _ . . . ^ : ' . i ; i .....' ., ; . . . . 371 distinction between town ancnjoun-ty poor, how restortd, § 223, 59 notice of such' restoration, §224, .'; .'.... 59 Town and County bfficeJts, ' moneys received by, their duties respecting, '' • §§185-187, ... 48, 49 reports by, to supervisors, § 185,. . ; . . i_. .'. . .'J :".'. . . . 48 Tbwn and county poor, proceedings in case of determinatibn to abolish ' distinction between, § 60, '•'. ;.........'..... 18 Tbwn auditors, aooountS) how to be made out for; §§ 169, 160, ............ 41 penalties on overseers for neglect to lay their account books before, §91, ., 28 ttoejr duties respecting accounts of overseers of the poor, §§40, 41, 90; 16, 28 Town clerks, auditors' eertifloate and statetnent of overseer to be presented ' by, to town meetings, § 41, '...'.... 16 ' ' special election to- be called by, § 143, '...,.... 38 Town meeting, moneys for support of the poor to be direetedat, § 156,. . . 41 moneyg in hand of overseers at time of abolition of distinction be- tween town and county poor, how may be appropriated at, § 59, . .-. . 20 overseers to report to, deficiency in poor expenses, arid present lit, es- timate of such expenses for ensufng year, § 92, i ; 29 special, called when, for purpose of raising moneys for support of poor, § 157,. ._ J ::... 41 special, vacancies, when to be held to supply, § 156 ..'....... 1 . . 41 special, vacancy ih office of overseer supplied by, § 143, ..'...; 38 sunis for support of poor to be Voted, at, §§ 92, 156, .......: 29, 41 town clerk at. to present .statement ind'bertificate of town, ind ittfms of overseers' accounts, § 41, • ■ • • .;..:.. 16 town clerk to exhibit at, the podr accounts, as the same have been '■ audited and allowed, § 92, ......'..;.....; '. ......'..' 29 Tbwn offices, vaoanoies in, how to be supplied, §§ 140-146, . 38, 39 Town oroounty poor, how to be distihguished and' supported, §§ 63-69, 20-22 Town, sums to defray charges against overseers to be raised by, § 156, .... 41 Towns, compelling of, to support their poor, § 69, .■. .' : '.'■,. 22, 23 indemnification of, for support of emigrant'pobr, §§ ito, 1864, . . 571, 572 penalties given to overseers, how to be applied, § 51, 18 ' required to support their own poor, cbnnty treasurers to open account with, § 85, ; 27 Treasurer, county, actions by, against overseers for neglect to pay over moneys, §§ 49, 58 18, 19 collections on bonds to be.paid to, § 1367, ": .; 416 t duty ofj in respect to judgments against- poor offiters, § 1277,. ; 393 exciee moneys \a towns and villages to be deposited with, § 1563, 475 excise moneys, when to pay, to inebriate asylum, § 1842, 551 moneys collected from town for bastard to be paid to, § 1372, 419 moneys used by town and county officers to bJ paid over to, §^ 185- 187, : ; . . 48, 49 not to be superintendents of the poor, § -47, 17 overseers of the poor, when to pay over moneys to, § 49, 17, 18 payments by, to persons bringing paupers to poor-houses, § 38, 15 penalties giVen to' overseer, when to be'paid over to, § 57, ... .' 19 penalties recovered, to be paid -over to, for benefit of the poor,.' § 103, 32 penalty for non-appearance of father of bastard to be paid t%, § 1354 '415 sums for support of the poor, voted- at town, meeting, wheM'to be paid over to, § 93, .... . .> 29 Buperintendents to draw on, for amounts of accounts audited and' set- tled by such superintendents,. § 39, ; ;. .' 16 guperintendents to furnish annual statements to, § 85 27 Treasurer, county — ( Continued.) pagM. :. superintendents ta .receive ;fi?^pi, expenses of purcoase of lands and '. '.;■ ^°' erection of county poon-liou'ses thereon,- § 45, ,fi-.. ifi 17 . ', supecvisoca to direbt xiertain charges, of the New York! State Ihstitu- m:. tion. for. the Blind to be.paid by, § 1524,. ... . . . ...i. i ; ...ji.;...;.. 459 to lay before' boards of supervisors their accounts 'kept :with towns re* . quired to siipport their own poor, § 87, 27 ' . to opei^, accounts with towD.s required to support their Dwii poorji § 85, 27 1:1' -j^hfenlto pay costs in suit on bond, f 1358, .jn, 416 T6esp4Sses, fruit-growers, and. others protected 9gainst,,|§ 1985-1988; . 411 superintendents may issue subpoenas to, § 38, sub. 7, ..;.... i 15 Wyoming county, board of managers of the Educational and Industrial Eefbrmatory of Warsaw, §§ 1221-1230 379-381 commitments of certain children may be made from, to Society for Pro- tection of Destitute Roman Catholic Children, §§ 396-410, 118-124 Wyoming Benevolent Institute in, §§ 1230-1237, 381, 382 Yates county, note o, . , 382 overseers, accounts of, how audited, § 1185 368 town clerk, duties o^ as to accounts of overseers, §§ 1186, 1187^.. .J. . . 369 INDEX TO FORMS. . I PASS. Absconding father, bond of, § 2051, . ; 640, 641 father or mother of bastard, warrant to seize property of, § 2127, ..... 687 father, husband, or mother, warrant to seize goods of; § 2049 640- Account or bill against commissioners of .emigration, § 2146, 693 to be kept .by overseer, § 2079, . . . .; . . :.;.,; . 657, 658 Adinowledgment of bond, § 2136, ,... 692, 693 Affidavit of emigrant pauper, § 2145, : 697 of mother, of. birth of bastard child, § 2112, 676, 677 of pregnancy, § 2110,.. ,',.._ , 675, 676 verifying account, against commissioners of emigration, § 21 47 699 Agreement respecting private lunatic patient at asylum, § 2096, 668, 669 Ale and beer, application for license to sell, § 2143, 696 license to. sell, § 2144, 696, 697 Authentication by county clerk of judge's certificate of lunacy, § 2092, .... 666 Application for license to sell ale and beer, § 2143, 696 for store-keeper's hcense, § 2140, 694 bond thereon, § 2141, ' 695 for tavern-keeper's license, § 2133, 690, 691 notice of, to co-Tipel support of relative, § ,2047, , 639 . . to reduce amount required to be paid on order of filiation, § 2130, 689- to sessions, to increase amount to be paid by father or mother of bastard,. §2 129, • 688 of overseer or superintendent in bastardy, proceeding, § 2109, 675 to compel support of poor relative,- § 2046, 639 Approval of sureties, §§ 2053, 2054, 642, 643 by commissioners, of sureties, etc., § 2138, , ' 693 Asylum, agreement respecting private patients at, § 2096, 668, 669 Bastard, v^arrant to seize property of abscondjjig father or mother of, § 2127, • = 687 Bastardy case, release or compromise in,.§ 2132, 690 proceeding, application in, by superintejldent or overseer before birth of child, § 2109, . . . ". • ■ • ■ 675 Birth of bastard child, affidavit of, by mother, § 2112, 676, 677 Bond, acknowledgment of, § 2136 692, 693 for tavern keeper, § 2135, • 692 justification of sureties to, § 2137, V/n ^.i ' of absconding father, etc., § 2051, .. . . , 640, 641 official, of overseer of the poor, § 20d4, 642, 643 of superintendent of the poor, § 2053, 642 of master, § 2086, ■•■: ••■•••. ■■•■■■ 662, 663 of putative father for his release m case of his arrest m another county, S 2116 ' • of putatiVe father, on 'adjournment of proceeding, § 2118, 680 on appHcation of storekeeper for hcense, § 2141 b9D under order of filiation, § 2120 •■■■■/•;• -r.y: " • • • ; °^^' ^^^ warrant of commitment of mother of bastard child for not executing, Certificate, deSsion'as to refusal of superintendent to give, that a person is a pauper, §2064, "*' 97 « 770 INDEX. Certificate — (Confewed.) . . ^■'°*- as to responsibility of the parties signing agreement respecting lunatics, § 2097, ^^^ by superintendent, th,aj a person is a county pauper, § 2061,... ^.. .... 646 in respect to patieoi on his admission to Inebriate s Kome, § 21o4, 702, 703 judge's, in lunacy eases, §2091, •••■•■ 665, 666 of county clerk on order sending lunatics to asylum, § «094, 667 'of expenses of removal of pauper to county. poor-house, § 2066, 648 of president of Inebriate's Home for Kings county for transfer of ^ prisoners to such home, § 2153, '02 Child, bastard, order compelling mother to support, § 2125, . 685 found begging, warrant to commit, %. 208.4, 661 Commitment, warrant of, of the mother who refuses to disclose name of father of bastard, § 2123, 684 of vagrants, § 2088, 660, 661/ Compromise or rel-sase in bastardy case, § 2132, 690 C amplaint against disorderly person, § 2106, •••.••. •. • ^^^ Commissioners of emigration, account against, and affidavit verifying said account, §§ 2146, 2147 698, 699 County clerk's authentication in lunacy cases, § 2092, . : 666 certificate in lunacy cases, § 2094, - 667 County judge's certificate in respect to lunacy, § 2091, 665, 666 County pauper, certificate of superintendent that a person is, on application of overseers, §^ 2061, .^. 646 notice by overseer to superintendent respecting, § 2072, 651 Decision as to refusal of superintendent to give certificate, § 2064, .... 647 of superintendent after re-examining settlement of pauper on applica- tion of overseers, § 2060, 645 of superintendent rejecting settlement, § 2058, _ 644 Denial of removal, notice of, § 2074, 652 Discharge of disorderly person, § 2107, 674 Disorderly person, complaint against, § 2106, 673 discharge of, § 2107, 674 jailer's report of, § 2108, ' 674 recognizance of, § 2106i, 673, 674 Drunkard, designation of, and notice thereon, § 2098, ; 669, 670 revocation of notice against, § 2105}, 672, 673 Emigrant pauper, affidavit of, § 2145, ' . 697 Emigration, commissioners p^ bill or account of city, town or county against, for expenses of support of emigrant paupers, §. 2146, 698 Execution against drunkard, § 2104, ' 671, ^672 against overseers, § 2105, 672 Expenses incurred previous to removal of poor person to poor-house, order by. superintendents on treasurer to pay overseer, § 2067, 648 respecting such removal, certificate thereof by poor-house keeper, and order on treasurer therefor, § 2066, # 648 Father of bastard absconding, warrant against, § 2127, 687 Father, mother or husband absoondiilg, warrant to seize property of, § 2049, 640 Father or mother of bastard, order reducing sum to be paid by, § 2128, . . . 688 Filiation, bond under order of, § 2120, .' • 681, 682 in the absence of the reputed &ther, who was apprehended in another county, order of, § 2122, 683 notice of application to increase amount required in order of, § 2129, . . G88 notice of application to reduce amount required in order of, § 2130, . . . 689 order of, § 2119 680, 681 Husband, warrant to seize goods of, § 2049, 640 Improper removal of pauper, notice of, by superintendent of one county to superintendent of another county, § 2073, 651, 652 Indentures of poor children, § 2085, 661, 662 Indigent lunatic, application in behalf of, § 2087, 663 INDEX. 771 ^°?,°tv.iT^^° be. made by justice issuing a warrant against a reputer™' Tr,!f„ 1' T? T"^ reputed father resides in or is in another county, § 2114 678 inaorsement to be made by a justice where such warrant is to be executed g -illo, 678 Inebriatei' Home,, certificate in respect'to'patient on ad'misVion to,' §2154, 702 703 Inebriates' Home for Kings county, certificate of trustees for transfer of prisoners to such home, §2152 ; 701 Jailer's report relative" to disorderly persons' §'2108,'.'.".'.'.'.'.'. .'.'.'.'.".'.".' '674, 675 Judge s order in matter of indigent lunatic, § 2088, 664 Juror s oath, in case of drunkard, § 2102, 671 Justice's order, sending lunatic to asylum', '§2096,' .'.'.' '."...'.'.'.'.."..'..' "eee" 667 Justification of sureties to bond, § 2137, ■ 693 Kings county, .person threatening to abandon, etc.', 'wife" and 'c'h'iidre'n',or'd'e*r against,. §2148 '....•.' ■....' 699 1 proceedings against lunatics,in, §§ 2149-21^1, ; . . . . 699-701 License, tavern-keeper's, § 2139, ...."...;.... 693, 694 tt> sell ale and beer, § 2144, 696, 697 to storekeepers, § 2142, ,. 695, 696 Lunacy, physician's affidavit of, § 2090, ■„, 665 county clerk's authentication of judge's certificate of, § 2092, 666 Lunatic,. in indigent circumstances, application in behalf of, ^o county judge, § 2087, , ,,. 663 paupfer, order of superintendents or overseers to send to state asylum, § 2095, , , .668 who is a private patient in asylum, agreement respecting, § 2096, 668, 669 judge's ord^r respecting; § 2088)iv. i , 664 order of justices to send to State Lunatic Asylum, ^ 2093j 666, 667 Lunatics, in Kings county, proceedings against, §§ 2149-2151, ........ 699, 701 Mother, affidavit by, of birth of bastard child, § 2112, . „; 676, 677 father or husband absconding, warrant to seize property of, § 2049, . . 640 of bastard, absconding, warrant against, § 2127, 687 process to conlpeL £*tendanoe before justices, § 2126, 686, 687 Order and warrant against, respecting her bastard child, §§ 2125j 21251, -685, 686 summons against, who has propertyj § 2124, , , ■ 684, 685 warrant to CDibmit, who refuses to disclose name of father of bastard, § 2123, i 684 ilTotice of application to court of sessions to increase the amount paya- able in order, of ifiliatiaa, § 2129, 688 of application to reduce amount required, in order of filiation,§ 2130,. 689 . for support of poor relative, § 2047, . ... ; 639 to, contest settlement of pauper, §; 2056, ...... .i . i 643, 644 to overseers of contest, and call for jury, § 2099, . ; . . .". ...... 670 upon application to cQmp.pI support of poom relative, §- 2047, 639 Oath to witness in caie.of drunkard, § 2103, , '.•.'.. * 671 Order against person thidat^ning to.abaadon wife i and children, § 2148, ... . 699 ■ compelling mother to support her basiard chilS, § 2125, 685 1 for payment of e?p?ijses for pauper incurred previous to his removal to poor-house, §.2Q67j ,.•.•■•.,•■•.••,• ••••■ '•> 6*8 ' ' for payment of expense for removal of pauper to county poor-house, . § 2066,,. . . ..., . • ■ • .■•...-,■,■ • ..- •. 648 for removal of pauper to county popr-ho.use, § 2065 i 647, 648 Of filiation, § 2119, i . . . : .<"■ - ■ • • ■ 680, 681 in absence of: reputed father, § 2122, ^ 683 reducing the sum to be paid by iather or mother, §t 2128, . . . . /j 688 to discharge warrant and restore property, § 2052; ..-..j 641 Overseer, account by, §2079, 657, 658 notice by, of one town to overseers of another town respecting settle- ment of pauper, § i2055, ■■•> 6^3 772 INDEX FAGS. Overseer of the poor, bond, official, of, § 2054 642, 643 revocation hy, of notice against drunkard, § 21 05^-, 672, 673 Patient, certificate in respect to, on admission to Inebriates' Home, § 2154, 702, 703 Pauper, county, certifieate that a person is, § 2061, , 646 decision respecting settlement of, §§ 2058, 2060, 644, 645 emigrant, affidavit of, § 2145, 697 in one town having settlement in another tovra, notice of overseers of towns in which pauper is, to overseers of the other town, § 2055, . . . 643 lunatic, order sending, to asylum, § 2095, 668 notice of hearing to affirm or annul certificate of superintendent that a person is a county, § 2062 ':.... 646 notice to contest settlement of, § 2056, 643, 644 sent to county poor-house, notice by superintendent that such pauper^ will be supported at the' expense of town in which he has a legal set- tlement, § 2059 '. : - 645 Petition of freeholders for license to tavern keeper, § 2134, 691, 692 of freeholders on application of tavern keeper, § 2134, 691, 692 Physician's certificate and affidavit in respect to alleged lunacy, § 2090, .... 665 Poor children, indentures for, § 2085 ; 661, 662 Poor-house, overseer's order for removal to the county, § 2065 647, 648 Poor relative, application to compel support of, § 2046, \ . . 639 Pregnancy, affidavit of, §2110, 675, 676 Process to compel attendance of mother before the justices, § 2126,. . 686, 687 Proof of service of notice and application to compel support of poor rela- ' tives, § 2048, 639 Putative father, bond of, on his arrest in another county, § 2116, 678, 679 bond of, on adjournment of proceedings, § 2118, . . .• 680 Record of conviction of vagrant, § 2082, 659, 660 Release or compromise in bastardy case, § 2132 690 Relief of pauper in county where no place for poor Is provided, overseer's order for, § 2071 ; 650 Removal to county poor-house, order for, by overseers, § 2065, 647, 648 Report, annual, by superintendent to secretary of state, § 2076, 653-655 ■ of overseer respecting temporary relief, § 2070, 650 of overseer to coVinty superintendent; § ?075, 652, 653 of supervisor of town to clerk of board of supervisors, § 2078, 657 Reputed father, warrant against, §§ 2111, 2113 676 677 Return upon warrant against absconding father, § 2050, i 640 Revocation by overseers of notice against drunkard, § 2105^, 672, 673 Settlement of pauper, notice by superintendent to overseers, of hearing to affirm or annul certificate, § 2062