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sureties and indorsed on or attached to said bond. The approval of the Approval and filing. supervisor must be indorsed on the bond, and it shall be the duty of the supervisor to file snch bond with the town clerk within five days after the same shall have been presented to him for approval.

and con

§3. The bond to be given by the overseer of the poor shall be in Amount double the amount of money authorized to be raised in said town for ditions of the support of the poor therein, and conditioned for the faithful per- bond. formance of all the duties of his office and that he will keep and render a just and true account of his receipts and disbursements as such overseer, and of the receipt and expenditure of all moneys which shall come into his hands for the support of the poor in said town, and pay over and account to his successor for all moneys remaining in his hands at the expiration of his term of office, and deliver to his successor on demand all account books and other property pertaining to his office as such overseer.

nation at

of sum to

amount

§ 4. The electors of the town Kingston shall, at their annual town Determimeeting, in each year, determine by ballot what sum of money, not town exceeding three thousand dollars, shall be raised at the next annual meeting levy by the board of supervisors for the support of the poor in said be raised. town. The votes given on such question shall be deposited in a separate box to be provided for that purpose, and the the amount, not Entry of exceeding three thousand dollars, receiving the highest number of voted, in votes shall be entered by the town clerk in the minutes of the meeting, he shall deliver a copy thereof to the supervisor of said town, who shall Delivery lay the same before the board of supervisors at their next annual meet- supervi ing to be levied and assessed upon said town for the support of the sor. poor therein.

minutes.

of copy to

§ 5. The money thus raised, or so much thereof only as may be Money raised, necessary, shall be used and expended by the overseer of the poor how exof the said town for the relief and the support of the poor therein, and pended. for no other purpose or use whatever, and the diversion of said moneys, Diversion or any part thereof, for any other use or purpose whatever, shall be deemed an embezzlement and punishable accordingly, and the same shall be deemed a breach of the official bond and the sureties therein liable therefor.

of mon

eys.

salary of

overseer.

not to be

etc.

§ 6. The said overseer of the poor shall receive an annual salary of Annual two hundred and fifty dollars as a full compensation for all his services as such overseer, and shall not receive or be entitled to any other perquisites or compensation whatever. It shall not be lawful for the over- Overseer seer of the poor of said town to be concerned directly or indirectly in interest the sale of any goods, merchandise or other property found, furnished edin sales, or provided by any person whomsoever for the use of the poor of said town. Nor shall he take or receive any profit, reward or emolument Nor refor or on account of any goods, merchandise or other property found, fits, etc. furnished or provided by any person whomsoever for the use of the poor of said town. A violation of any provision of this section shall be Violation deemed a misdemeanor, punishable by fine or imprisonment, or both ion. in the discretion of the court.

ceive pro

of provis

overseer

cations

§ 7. When any person shall apply for relief to the overseer of the Duties of poor of said town, he shall fully and diligently inquire into the state on appliand circumstances of the applicant. If it shall appear that the appli- for relief. cant is in such indigent circumstances as to require permanent relief and support, and there is no existing sickness of himself or any member of his family, which in the opinion of the attending physician will render his removal dangerous or improper, the said overseer shall, by a written order, cause the poor person to be removed to the county poor

payable to

house. No greater sum than fifteen dollars in any one year shall be Amount paid or expended by the overseer of the poor of said town for the relief poor per- any one poor person or one family, without the sanction, in writing, of the town auditors based upon the certificate of the attending physician, that by reason of sickness, lameness or other physical disability or injury of himself, or in his family, the removal would be dangerous and improper.

son or

family.

Overseer to make

poor matters in

of

§ 8. It shall be the duty of the overseer of the poor of the town of entries of Kingston, to enter into a suitable book to be procured and provided at the expense of the town, a memorandum or account of all matters book. transacted by him relating to his official duties, of all poor, excise or other moneys received by him as such overseer of the poor, specifying from whom and on what account, and a specific statement in items of all moneys laid out and disbursed by him, and on what account and for what purpose, and to whom and by what authority, and particularly specifying in each and every case of relief granted or furnished to or for the benefit of any poor person or family, the amount of money, and the items of provisions or other necessaries furnished, the age, sex and nativity of each of the parties relieved, and if relief is for a family, the number, sex and ages of the respective members thereof. Such book shall at all times be open to the inspection of any tax-payer of the town at the residence or office of the overseer.

Book to

be open to inspeotion.

Book, account, etc.

town au

account.

§ 9. On Tuesday next preceding the annual town meeting of said to be pre- town, the overseer of the poor shall lay the said original book before sented to the board of town auditors of said town, together with a just and true ditors. account of all moneys received and expended by him for the use of the poor of said town, with all vouchers in support thereof, which account Audit of shall be verified by the oath of the overseer of the poor. 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 balance due from or to the overseer as the case may be. The said account shall be filed with the town clerk, together with the vouchers in support thereof, and at every meeting annual town meeting the clerk shall produce such poor account for the preceding year and read the same if required by the meeting.

Filing.

Reading

at town

Refusal to present

of official

§ 10. In case the overseer of the poor shall neglect or refuse to book, etc., present such original book, or exhibit such accounts with the vouchers a breach in support thereof to the board of town auditors, as provided in the bond. next preceding section, it shall be deemed a breach of his official bond, Prosecu and it shall be the duty of the supervisor of said town forthwith to recovery. prosecute the same. In such action the plaintiff shall be entitled to recover for the benefit of the poor fund of said town the sum of one hundred dollars as a penalty, in addition to any balance which may appear to be due and unexpended for legitimate purposes of the poor moneys in the hands of said overseer.

tion and

Amount of audit limited.

§ 11. It shall not be lawful for the board of town auditors at any meeting to audit or allow to the overseer of the poor a credit for the expenditure of any more money in support of the poor in said town, than the amount voted and authorized by the electors at the annual town meeting, in manner aforesaid, and the excise and other poor Audit of moneys which may have come into his hands. Nor shall it be lawful for the board of town auditors to allow or audit to any individual, firm or corporation, other than the overseer of the poor, any bill or account for moneys expended, or supplies furnished for the relief of any of the poor in said town, excepting only to a practicing physician or surgeon for medicine or medical attendance and surgical aid, or, excepting for

individual accounts prohibited.

Excep. tions.

not to cre

necessary expenses for burial of poor persons, and excepting also necessary expenses incurred under this act. And the overseer of the poor Overseer aforesaid, is hereby prohibited from and declared incompetent to create ate liabili any liability or account against said town, or incur any responsibility ty. in behalf of said town, except as above provided.

powers

§ 12. The overseer of the poor of said town, except as modified or General altered by the provisions of this act, shall have all the powers, perform and duties all the duties, and be liable to all the responsibilities provided in the overgeneral statutes of this State.

seer.

may be

until next tax levy.

§ 13. In order to provide means for the support of the poor until the Money collection of the next annual tax levy, it shall be lawful for the super- borrowed visor of said town and the overseer of the poor to be elected at the annual town meeting to be held in the month of March, eighteen hundred and seventy-nine, to borrow money from time to time on the credit of said town to an amount not exceeding in the whole the sum of three thousand dollars, as the same may become necessary and required for the support and relief of the poor in said town during the time aforesaid; the amount thus borrowed to be raised by the board Amount of supervisors and included in their next annual tax levy, upon the to be raiscertificate signed by the supervisor and overseer of the poor specifying ed by supervisors. the outstanding obligations therefor and to whom. The money thus Money to raised to be paid to the supervisor of said town on account of said town, who and and to be by him applied to the payment of the obligations outstand- how aping for the moneys borrowed for the purposes aforesaid. §14. This act shall take effect immediately.

Chap. 42.

AN ACT to legalize and confirm the official acts of Edgar G. Ogden, a justice of the peace of the town of Tompkins, in the county of Delaware.

PASSED February 25, 1879; three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

borrowed

plied.

acts of

confirm

SECTION 1. All official acts and proceedings of Edgar G. Ogden, of Official the town of Tompkins, county of Delaware, done and performed by justice of him as justice of the peace in and for said town and county, between the peace the thirty-first day of December, eighteen hundred and seventy-seven, ed." and the first day of January, eighteen hundred and seventy-nine, are hereby made as legal, and shall be held to be of the same force and validity, as if the said Edgar G. Ogden had duly taken and subscribed the oath of office, and duly qualified as a justice of the peace for his term of office as such justice, commencing January first, eighteen hundred and seventy-eight.

§ 2. This act shall not affect any action or proceeding now pending Proviso. in any court of this State.

§ 3. This act shall take effect immediately.

Official

ized. ¡

Chap. 43.

AN ACT to legalize the acts of James A. Fisher as notary

public.

PASSED February 25, 1879; three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. All the proceedings and official acts of James A. Fisher, acta legal- of the county of Kings, in the State of New York, as notary public in and for said county, since the expiration of his term of office as such notary public, are hereby in all respects legalized and declared valid, and they and each of them shall have the same force and effect as if his said term of office had not expired; but nothing herein contained shall affect any action or proceeding commenced prior to the passage of this act.

Proviso.

Official

ized.

§ 2. This act shall take effect immediately.

Chap. 44.

AN ACT confirming the official acts of George N. Brower as a notary public.

PASSED February 25, 1879; three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. The official acts and proceedings of George N. Brower, of acts legal the city of Brooklyn, performed by him as a notary public of Kings county, from the thirtieth day of March, eighteen hundred and seventy-eight, to and including the thirty-first day of December, eighteen hundred and seventy-eight, are hereby made as legal, and shall be held to be of the same force and validity as if the term of office of the said George N. Brower as such notary public had not expired, and as if he had been duly appointed and qualified as a notary public for said period.

Proviso.

§ 2. This act shall not affect any action or legal proceeding now pending.

§ 3. This act shall take effect immediately.

Chap. 45.

AN ACT to amend chapter one hundred and thirty-five of the laws of eighteen hundred and forty-two, entitled "An act to organize the State Lunatic Asylum, and more effectually to provide for the care, maintenance and recovery of the insane."

PASSED February 25, 1879; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Section forty-seven of chapter one hundred and thirtyfive of the laws of eighteen hundred and forty-two, entitled "An act to organize the State Lunatic Asylum, and more effectually to provide for the care, maintenance and recovery of the insane," is hereby amended so as to read as follows:

of man

§ 47. Hereafter the managers of the State Lunatic Asylum shall Expenses receive no compensation for their services, but shall receives their actual agers. expenses of traveling from their places of residence to and from the asylum to attend the meetings of the managers, and their expenses while attending such meetings. Statements of such expenses, duly verified, shall be presented to the comptroller of the State, and it shall be his duty to approve the same if correct, and state such approval in writing, and in that event, on the presentation of such statement to him, the treasurer of the asylum shall pay the same.

§ 2. This act shall take effect immediately.

Chap. 46.

AN ACT to amend an act entitled "An act to revise the charter of the city of Oswego, passed April sixteenth, eighteen hundred and sixty," and the acts amendatory thereof and supplemental thereto.

PASSED February 26, 1879; three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

of school

how de

SECTION 1. At the annual election of the city of Oswego to be held Election on the first Tuesday of March, eighteen hundred and seventy-nine, commis there shall be elected six commissioners of common schools whose term sioners. of office shall commence on the Tuesday next following said election, and shall continue, two of them for the term of one year, two for the Terms of term of two years, and two for the term of three years. At the first office and meeting of such commissioners after their election they shall determine termined. by lot which commissioner shall hold for one year, which for two years and which for three years. And at each annual election in said city Annual thereafter two commissioners shall be chosen to succeed the persons whose terms of office are about to expire. The said commissioners Commisshall be elected by ballot by the electors of said city, but no elector sioners, shall place upon his ballot the names of more than three persons for ed."

election.

how elect

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