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Warrant, when justice may

§ 11. If the party against whom such warrant shall issue, return and support the wife or children so abandischarge. doned, or give security, satisfactory to any two justices. of the town, to the overseers of the poor of the town, that the wife or children so abandoned shall not become, or thereafter be, chargeable to the town or county, then such warrant shall be discharged by an order of such justices, and the property taken by virtue thereof shall be restored to such party. § 11, title 1, ch. 20, part 1, R. S.

Powers and

duties of

§ 12. The overseers shall sell at public vendue the overseers. property so ordered to be sold, and shall receive the rents and profits of the real estate of the person so absconding, and, in those towns which are required to support their own poor, the overseers shall apply the same to the maintaining, bringing up and providing for the wife, child or children so left and abandoned, and for that purpose shall draw on the county treasurer for the said proceeds, as hereinafter directed. They shall account to the court of sessions for all moneys so received by them, and for the application thereof, from time to time, and may be compelled by the said court to render such account at any time. 12, same title.

Superin

the poor

on sheriff's

§ 13. The county superintendents and overseers of the tendents of poor in the several counties of the State, except the county inay redeem of New York, shall have the same right to redeem the sales. real estate which may have been seized by them pursuant to the provisions of title one of chapter twenty of part one of the Revised Statutes as is now possessed by judg ment creditors under the said article second of title five of chapter six of part three of the Revised Statutes. § 1, ch. 473, 1862.

When their seizure is

14. No such redemption shall be made by the said confirmed. superintendents or overseers, unless at the time of making such redemption the seizure of the real estate sought to be redeemed shall have been confirmed by the court of sessions of the county where such premises may be situated, nor unless such real estate shall, at the time of making such redemption, be held by the said superintendents or overseers, under and by virtue of the seizure made by them pursuant to the provisions aforesaid. § 2, same ch. § 15. To entitle such superintendents or overseers to acquire the title of the original purchaser, or to be substituted as purchaser from any other creditor, pursuant to the provisions aforesaid, they shall present to and leave with such purchaser or creditor, or the officer who made the sale, the following evidence of their right:

Redemp

tion regulated.

1. A copy of the order of the court of sessions, confirming the warrant and seizure of such real estate, duly certified to by the clerk of the said court of sessions.

2. An affidavit by one of such superintendents or overseers 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.

used for re

16. The said superintendents or overseers shall, for Poor funds. 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. 84, same ch. 817. The moneys which may be used by them for the Moneys purpose aforesaid, shall be repaid, together with interest demption. 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. § 5, same ch.

rant of seiz

§ 18. If such redemption shall be made, and the person When waragainst whom the warrant was issued and seizure made, ure may be under the provisions of the said title one of chapter discharged. 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 sun 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.

duties of

ents.

§ 19. In those counties where all the poor are a charge Powers and upon the county, the superintendents of the poor shall be county suvested with the same powers, rights and authority as are perintendherein before given to the overseers of the poor of any town, in respect to compelling relatives to maintain paupers, and in respect to the seizure of the property of any parent absconding and abandoning his or her family, and shall be entitled to the like actions and remedies in their names, and shall perform the duties herein before required of overseers, and subject to the same obligations and control. 13, title 1, ch. 20, part 1, R. S.

be relieved.

20. Every poor person who is blind, laine, old, sick, Paupers to impotent or decrepit, or in any other way disabled or en- 3 wend. feebled, so as to be unable by his work to maintain him- 193. self, shall be maintained by the county or town in which he may be, according to the following provisions. § 14, same title.

Provision

respecting

tendents.

superin

tendents.

21. It shall be lawful hereafter for the board of superthe number Visors in any county, at any annual meeting of such board, of superin- to direct by resolution that hereafter only one county superintendent of the poor shall be elected in and for such county, who shall hold his office for three years; but in all counties where no such resolution shall have been passed, three county superintendents of the poor shall be elected. And after the board of supervisors of any county shall have, by resolution, directed that only one superintendent of the poor shall be elected in and for such county, the said board may, at any annual meeting thereof, revoke such resolution, and may, by resolution, direct that thereafter three superintendents of the poor shall be elected in and for such county. The superintendent of the poor who shall be in office at the time of the adoption of the resolution hereby authorized, shall hold his office (subject to all provisions of law) until the expiration of the term of office for which he was elected. Election of If the term of office of such superintendent will expire on the thirty-first day of December of the same year of the adoption of said resolution, then three superintendents of the poor for said county shall be elected at the next general election, whose term of office respectively shall be determined in accordance with the provisions of section three of said chapter four hundred and ninetyeight. If the term of office of the superintendent of the poor in office at the time of the adoption of said resolution will not expire during the year of the adoption of said resolution, then, at the general election to be held next thereafter, there shall be elected two superintendents of the poor for said county, and their term of office shall be determined in accordance with the provisions of section three of chapter four hundred and ninety-eight of the laws of eighteen hundred and forty-seven, but for 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 where such resolution has been already adopted, there shall be elected annually thereafter, at the general election in each year, one county superintendent of the poor, who shall hold his office for three years; and, in each of the To appoint counties of this State having a county poor-house, the

Term of office.

keeper.

superintendent of the poor of such counties, or superintendents, 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 appoint another in his stead. And if the keeper of any

remove

such poor-house shall neglect or refuse to leave the same, Power to or surrender to the superintendent or superintendents the keeper. possession of the same, when such possession 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 the same manner as is provided by article second of chapter eight of part third of the Revised Statutes, entitled "Summary proceedings to recover possession of land in Warrant of other cases, so far as the same are applicable, except that it shall only be necessary for the superintendent to set forth in his affidavit, or prove upon the hearing, the following facts, to entitle him to the warrant of removal:

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1. That the party commencing the proceedings is the superintendent or superintendents of the poor of the county.

removal.

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 possession of such poor-house, or remove from the same, after the possession shall have been demanded by such superintendent of the poor. But nothing in this act shall affect Saving the tenure of office of any present incumbent. § 1, ch. 498; 1847, as amended by § 1, ch. 298, 1862.

clause.

office and

tion of

tendents.

§ 22. In counties where only one superintendent of Tenure of the poor shall be chosen, he shall hold his office for three classificayears, but in counties where three are chosen, one of the superinsaid 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 superintendents 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.

how filled.

§ 23. Boards of supervisors shall appoint county super- Vacancies, intendents of the poor or county treasurers to fill vacancies which may happen in such offices. § 4, same ch.

§ 24. All laws now in force, not inconsistent with the Laws to provisions of this act, applicable to county superintend- apply. ents of the poor and county treasurers, shall apply to the officers elected or appointed pursuant to this act, and all Repeal of laws and parts of laws inconsistent with the provisions of ent laws. this act are hereby repealed. § 5, same ch.

inconsist

New York

§ 25. None of the provisions of this act shall apply to excepted. the city and county of New York. § 6, same ch.

Vacancies

temporarily

act of April

25, 1832.)

$ 26. In case any vacancy shall happen or exist in the filled office of superintendent of the poor in any county in this (amending 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 in the office of the clerk of the said county. 1, ch. 299, 1835.

When to enter on

their duties

27. Superintendents of the poor, hereafter to be elected at any annual election, shall enter on the duties hereafter. of their office on the first day of January next after such election. 4, ch. 116, 1849.

Time of

filing bond

extended

§ 28. Superintendents of the poor, hereafter to be elected, may have until the first day of January next See § 437 after the election, to take the oath of office and file their Procedure. official bond. § 4, ch. 12, 1850.

Code of

Penalty of 29. It shall be the duty of the board of supervisors bonds to be of the several counties to fix the penalty of the bonds of

fixed by

supervi

sors.

Bond to be executed.

Time of

superintendents of the poor, at their next annual session; and the sureties may be approved by the county clerk, in the recess of the board of supervisors. § 5, same ch.

§ 30. Every person hereafter elected to the office of superintendent of the poor shall, within ten days after his election, give a bond to the supervisors, with two or more sufficient sureties, to be approved by the board of aling bond, supervisors, and in such sum as they shall direct, conditioned that such person shall faithfully execute the duties of his office, 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. 81, ch. 327, 1848.

And filed.

Except
New York.

Overseer to give bond.

$ 31. Such bond, with the approbation of the board of supervisors indorsed thereon by their clerk, shall be filed in the office of the county clerk. § 2, same ch.

§ 32. This act shall not apply to the city of New York. § 3, same ch.

§ 33. Every person hereafter elected or appointed to the office of overseer of the poor in the several towns of 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 approved by such supervisor, conditioned that he will

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