by the person demanding the same as required by this chapter. that the purposes for which such money is demanded are those for which it was appropriated. The comptroller shall not audit. any claim for salary, labor or wages, unless an appropriation applicable thereto has been already made specifying the amount thereof appropriated for such purpose. (Added by chapter 580 of the Laws of 1899.)

§37. Monthly payments to state treasurer.—Every state officer, employe, board, department or commission receiving money for or on behalf of the state from fees, penalties, costs, fines, sales of property, or otherwise, except the health officer of the port of New York, shall on the fifth day of each month, pay to the state treasurer all such money received during the preceding month and on the same day file a detailed verified statement of such receipts with the comptroller, who shall keep an account thereof in his office. This section shall not apply to the manufacturing fund of the state prisons, known as the capital fund nor to the convict deposit and miscellaneous earning fund, so called, of the state prisons and Eastern New York reformatory; nor to the proceeds of sales of manufactures or other products of the state hospitals for the insane. This section shall be deemed to supersede any other provision of this chapter or of any other general or special law inconsistent therewith. (Added by chapter 580 of the Laws of 1899, and amended by chapter 715 of the Laws of 1899, chapter 326 of the Laws of 1900, and chapter 457 of the Laws of 1901.)

§ 38. Contracts in pursuance of appropriations.-A contract or contracts made in pursuance of an appropriation by the state for a specific object shall be for the completion of the work contemplated by the appropriation, and in the aggregate shall not exceed the amount of such appropriation. A contract for a part of such work shall not be binding upon the state until contracts are also made covering the entire work contemplated by such appropriation, except where it is expressly provided by such appropriation that a part of the work may be done by day's labor. Every such contract shall be accompanied by a bond for the completion of the work specified in the contract, within the amount stipulated therein, which bond shall be filed in the office

of the state comptroller. (Added by chapter 479 of the Laws of 1899.)

§ 40. Estimate for purchase of staple articles of supplies. Whenever the superintendent, agent and warden or other managing officer of a state institution is required by law to submit to any state commission, department or officer, an estimate of the expense required for such institution during any subsequent period, such estimate may, if authorized by the commission, department or officer whose duty it is to revise the same, and if such authorization be approved by the comptroller, include an amount sufficient for the purchase of certain staple articles of supplies for the use of such institution for a period beyond that for which such estimate is ordinarily made. (Added by chapter 448 of the Laws of 1904.)

PURCHASE OF SUPPLIES FOR STATE INSTITUTIONS. AN ACT requiring preference to be given in the purchase of supplies for state institutions to products raised within this state.

Chapter 32, Laws of 1899.

Section 1. The officers, boards, commissions and departments whose duty it is to purchase supplies for the maintenance of inmates in state institutions, shall, in purchasing such supplies, give preference to products raised within the state, price and quality being equal.

COMMITTEES FOR INCOMPETENT PERSONS.

AN ACT to amend section twenty-three hundred and twentythree-a of the code of civil procedure, relating to the appointment of committees for incompetent persons who are inmates of state institutions.

Chapter 509, Laws of 1904.

Section 1. Section twenty-three hundred and twenty-three-a of* of the code of civil procedure is hereby amended so as to read as follows:

*So in original.

§ 2323-a. Where an incompetent person has been committed to a state institution in any manner provided by law, and is an inmate thereof, the petition may be presented on behalf of the state by a state officer having special jurisdiction over the institution where the incompetent person is confined or the superintendent or acting superintendent of said institution; the petition must be in writing and verified by the affidavit of the petitioner or his attorney, to the effect that the matters therein stated are true to the best of his information or belief; it must show that the person for whose person or property, or both, a committee is asked has been legally committed to a state institution over which the petitioner has special jurisdiction, or of which he is superintendent or acting superintendent, and is at the time an inmate thereof; it must also state the institution in which he is an inmate, the date of his admission, his last known place of residence, the name and residence of the husband or wife, if any, of such person, and if there be none, the name and residence of the next of kin of such person living in this state so far as known to the petitioner; the nature, extent and income of his property, so far as the same is known to the petitioner, or can with reasonable diligence be ascertained by him. The petition may be presented to the supreme court at any special term thereof, held either in the judicial district in which such incompetent person last resided, or in the district in which the state institution in which he is committed is situated, or to a justice of the supreme court at chambers within such judicial district, or to the county court of the county in which the incompetent person resided at the time of such commitment, or of the county in which said institution is situated. Notice of the presentation of such petition shall be personally given to such person, and also to the husband or wife, if any, or if none to the next of kin named in the petition and to the officer in charge of the institution in which such person is an inmate. Upon the presentation of such petition, and proof of the service of such notice, the court or justice may, if satisfied of the truth of the facts required to be stated in such petition, immediately appoint a committee of the person or property, or both, of such incompetent person or may require any further proof which it or he may deem necessary before making such appointment.

DEPOSIT OF FUNDS OF CHARITABLE INSTITUTIONS.

AN ACT to regulate the deposit of funds received by charitable and benevolent institutions supported in whole or in part by public moneys.

Chapter 415, Laws of 1884.

Section 1. Board of trustees to designate depository of funds. -It shall be the duty of the board of trustees or managers of each charitable or benevolent institution in this state, supported in whole or in part by moneys received from the state, or by any county, city or town thereof, to designate by resolution, to be entered upon their minutes, some duly incorporated national or state bank or trust company as the depository of the funds of such institution.

§ 2. Treasurer to deposit moneys in same.-After such designation, it shall be the duty of the treasurer of each such charitable or benevolent institution immediately to deposit in the bank or trust company so designated, in his name as treasurer of the institution, naming it, all funds of the institution which may come into his possession.

INVESTIGATION OF COMPLAINTS AGAINST CHARITABLE INSTITUTIONS.

AN ACT to provide for taking testimony in certain matters relating to state charitable institutions.

Chapter 699. Laws of 1871.

Section 1. Investigation of complaints, etc.; power to administer oaths and compel attendance of witnesses; production of papers. Whenever the state board of commissioners of public charities, or the managers, directors or trustees of any asylum, hospital, or other charitable institution, the managers, directors or trustees of which are appointed by the governor and senate, or by the legislature, shall deem it necessary or proper to investigate and ascertain the truth of any charge or complaint made or circulated respecting the conduct of the superintendent, assistants, subordinate officers or servants, in whatever capacity

or duty employed by or under the official control of any such board, managers, directors or trustees, it shall be lawful for the presiding officers for the time being of any such board, managers, directors or trustees, to administer oaths to all witnesses coming before them respectively for examination, and to issue compulsory process for the attendance of any witness within the state whom they may respectively desire to examine, and for the production of all papers that any such witness may possess, or have in his power, touching the matter of such complaint or investigation; and willful false swearing by any witness who may be so examined is hereby declared to be perjury.

§ 2. Fees of witnesses.-All persons examined as witnesses under the first section of this act shall be paid the same fees as are now paid to witnesses in the supreme court by the said board, managers, directors or trustees, authorizing the issue of such compulsory process.

REPORTING OF PERSONS IN STATE INSTITUTIONS. AN ACT to provide for the reporting of persons in the various state benevolent institutions of this state.

Chapter 54, Laws of 1876.

Section 1. Officers to report.-It shall be the duty of the superintendent, warden or other proper officer in charge of each of the benevolent institutions of this state, in which are persons whose maintenance, treatment, tuition or clothing is a charge against any county of this state, to make a report on or before the fifteenth day of September, in each year, to the clerk of the board of supervisors of the county to which such maintenance, treatment, tuition or clothing is chargeable, which report shall show the name, age, sex, color and nationality of every person in such institution, chargeable to such county; also, when each person was received into such institution, from what town sent, for what term received, to what time the expense of each such person has been paid, and the amount chargeable to such county for each such person for the ensuing year, which report shall be verified by the oath or affirmation of the person making the same.