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taxation for any purpose whatever; and the common council of said city shall upon the recommendation of said department of charity, sell any part of the lands herein before mentioned upon such terms as the said department shall deem reasonable, and the moneys received therefor shall be paid to the city chamberlain, to the credit of said department.

§ 226. The department of charity may send to and maintain at such almshouse, all persons in the city of Oswego requiring aid from the poor fund of said city, and may also cause such labor, in manufactures or otherwise, to be performed by the tenants of said almshouse as they shall prescribe, and may provide the materials, implements and machinery therefor at the expense of said department. They may also erect in the said almshouse proper rooms for the confinement and care of idiots and other persons confined therein, and may provide for their care, and may contract with the county of Oswego, or with any town in said county, and with other persons and authorities, for the support, care and medical and surgical attendance of any paupers, idiots, sick, diseased or maimed persons.

§ 227. The department of charity may authorize their clerk to commence and carry on and defend in their name all proceedings authorized by the laws of this State to be commenced and carried on and defended by the overseers of the poor of towns, and to serve in their name and to accept service of all notices that may be served by or upon such overseers of the poor.

§ 228. It shall be the duty of the department of charity and of the clerk thereof to deposit forthwith with the city chamberlain any and all moneys received by it or him from any source whatever belonging to the city or to said department, and the city chamberlain shall credit the same to the poor fund.

§ 229. Whenever any emergency requires the department of charity to expend for the support and maintenance of the poor more than the amount of its estimate for the year, it shall certify the fact to the common council with its estimate of the additional amount required to defray its probable expenses for the balance of the fiscal year, and the common council shall thereupon order the mayor to issue his notes for the additional amount so required and

the proceeds of said notes shall be credited by the city chamberlaiu to the department of charity to be used only to defray its current expenses. The unexpended balance of the contingent fund at the end of the fiscal year shall be applied in payment of said notes so issued for the benefit of the department of charity, and the balance of said notes remaining unpaid after the application of such part of the contingent fund as aforesaid shall be added to the tax levy of the ensuing year.

Plattsburgh, Clinton County.

(Note. -Commissioner of charities appointed by the mayor and the common council for a term of two years. Salary fixed by the common council, but must not exceed $600.)

Chapter 269, Laws of 1902.

TITLE X.

Department of Charities.

Section 119. Appointment of commissioner.

120. Powers and duties of commissioner of charities.
121. Monthly report of commissioner.

122. Common council to audit accounts.

123. Commissioner not to be interested in purchases.

§ 119. Appointment of commissioner. The board of alms of the town of Plattsburgh, and the overseer of the poor appointed by it, are hereby continued and the said overseer is hereby continued as commissioner of charities of the city of Plattsburgh and shall hold office as such commissioner of charities until his term of office as such overseer has expired and his successor is appointed as in this act provided. Upon the expiration of the term of office of such overseer the mayor shall, subject to the approval of the common council, appoint a suitable person to be commissioner of charities upon the appointment, as in this act provided, of an overseer of the poor of the town of Plattsburgh, the duties of said board of alms and its appointees shall cease, and chapter two hundred and fifty of the laws of eighteen hundred and seventy-eight and all amendments of the same shall thereupon be repealed and

the said board of alms and its appointees shall immediately turn over all moneys, property and effects in its hands to the chamberlain of the city and the supervisor of the town, in such proportion as may be required by the board of town auditors of the town of Plattsburgh.

§ 120. Powers and duties of the commissioner of charities. Except as provided by this act, the commissioner of charities of the city of Plattsburgh shall, within the city of Plattsburgh, have and exercise the same powers and discharge the same duties, to the exclusion of any other person or persons, as overseers of the poor in towns. The commissioner of charities of the city of Plattsburgh shall also, by virtue of his office, possess all the powers and authority of overseers of the poor of the several towns of the state in relation to the support and relief of indigent persons, the binding out of children, the care of habitual drunkards, the support of bastards and proceedings to charge the fathers and mothers of such bastards and shall have such other powers as are conferred upon overseers of the poor in the respective towns of this state, and shall be subject to the same duties, obligations and liabilities. It shall be the duty of the commissioner to visit the poor of said city at their several places of abode and examine into their circumstances, and ascertain to what extent they are or may be in need and entitled to permanent or temporary relief or medical attendance. No physician other than the city physician shall be employed by the commissioner of charities to attend the poor of said city, unless otherwise authorized or directed by the common council. The commissioner of charities shall have power to administer oaths to, and examine under oath any person applying to him for relief, and false swearing during such examination shall be deemed wilful perjury. For all purposes relative to the maintenance and support of the poor, the city of Plattsburgh shall be deemed one of the towns of Clinton county. The commissioner shall issue written orders for all meals, provisions and supplies furnished to the poor of said city. No claim for expenditures on account of the poor of said city shall be audited or paid, unless such expenditures shall have been made pursuant to a written order of such commissioner.

§ 121. Monthly report of commissioner. The commissioner of charities, at the first regular meeting of the common council in each month, shall under oath report in detail to the common council all appropriations, expenditures, temporary relief, medical attendance, and allowance made by him as such commissioner during the month preceding, which report shall specify the name and place of abode of each person relieved, the quantity and price per pound, or otherwise as the case may be, of each article furnished or ordered, and from whom obtained; said report shall also contain the names and places of abode of all persons to whom meals and lodgings have been furnished, the number of said meals and lodgings, from whom obtained, or whom furnished, and the cost of the same. Said report shall be filed with the city clerk.

§ 122. Common council to audit accounts. All charges and accounts against said city for services rendered, acts done or meals, provisions or supplies furnished under the direction of the commissioner of charities of said city under the provisions of this act, or otherwise, shall be made out in items, duly verified, by the persons entitled to the payment therefor, and presented to the common council at the first regular meeting of said council in each month, for all claims and demands incurred or which may have accrued during the preceding month. All such claims, accounts and charges shall, if approved, be audited by the common council and paid from the poor fund of said city by the chamberlain upon the warrant of the mayor, countersigned by the clerk.

§ 123. Commissioner not to be interested in purchases. The commissioner of charities shall not, directly or indirectly, furnish to any person, any groceries, provisions, food, medicines or property belonging to himself, or in which he shall have an interest or be interested, nor shall he receive any commission upon or for any goods or articles or relief furnished, or on any orders given by him for any such goods or articles or relief furnished. For any violation of the provisions of this section, said commissioner shall be removed from office by the mayor and he shall forfeit to said city a penalty of one hundred dollars for each violation.

VOL. 3-34

Port Jervis, Orange County.

(Note. Commissioner of charities appointed by the common council for a term of one year. Salary fixed by common council.)

Chapter 753, Laws of 1907.

ARTICLE IX.

Department of Charities.

Section 160. Appointment of commissioner of charities.

161. Powers and duties of the commissioner of charities. 162. Monthly report of commissioner of charities.

163. Common council to audit accounts.

164. Commissioner of charities not to be interested in

purchases.

§ 160. Appointment of commissioner of charities. The common council shall during the month of January in each year appoint a commissioner of charities, who shall hold his office for one year from the first day of February following his appointment. No member of the common council shall be a commissioner of public charities. Neither shall any person be appointed to the office, who, at the time of such appointment, shall be engaged or interested in business as a grocer, a saloon keeper, or hotelkeeper, or in any wise concerned in the manufacture or sale of spirituous or malt liquors, ale or beer, and in case any person appointed to the office, shall, during his term, become engaged or interested in either of the occupations above specified, his term of office shall thereupon cease, and the office become vacant, and the mayor shall forthwith appoint another in his place.

§ 161. Powers and duties of the commissioner of charities. Except as provided by this act, the commissioner of charities of the city of Port Jervis shall, within the city of Port Jervis, have and exercise the same powers and discharge the same duties, to the exclusion of any other officer, as overseers of the poor in towns. The commissioner of charities of the city of Port Jervis shall also by virtue of his office, possess all the powers and authority of overseers of the poor of the several towns of the state in relation to the support and relief of indigent persons, the binding

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