L. 1916, ch. 269.

Macdonough memorial at Plattsburgh.

§ 1.

by chapter ninety-five of the laws of nineteen hundred and fourteen, and further amended by chapter six hundred and sixteen of the laws of nineteen hundred and fifteen, and also by chapter nine hundred and eightyseven of the laws of nineteen hundred and sixteen, as shall be required by the United States of America for a site for a monument or memorial to Commodore Thomas Macdonough, in pursuance of an appropriation made by chapter two hundred and twenty-three of the second session of the sixty-third congress, for the erection of such memorial at Plattsburgh, in commemoration of the victory of Commodore Thomas Macdonough on Lake Champlain in September, eighteen hundred and fourteen, in accordance with plans to be approved by the secretary of war; and the said commissioners of the land office are further authorized to grant letters patent to the United States of America for such lands which may and shall be required by the United States of America, upon the presentation of a petition to the said commissioners of the land office, to be presented by the secretary of war, and without consideration.

PLUMBING.

Further regulation of business; General City L., § 45-b.

* So in original. Chapter 116 evidently intended.

§§ 3, 29, 30.

County superintendents.

L. 1916, ch. 275.

POOR LAW.

(L. 1909, ch. 46.)

§ 3. County superintendents of the poor.-Subd. 10 amended by L. 1916, ch. 275, in effect Apr. 24, 1916, as follows:

10. Draw on the county treasurer for all necessary expenses incurred in the discharge of their duties, including their necessary personal expenses while in the discharge of such duties and their necessary expenses in attending the midwinter and annual state conventions of county superintendents of the poor, which draft shall be paid by such treasurer out of the moneys placed in his hands for the support of the poor.

Subd. 14, as amended by L. 1912, ch. 75, amended by L. 1916, ch. 275, in effect Apr. 24, 1916, as follows:

14. Pay over to the county treasurer on the first day of each month all moneys received by him from any source in his official capacity or otherwise received by him and belonging to the county, since the date of the preceding payment, except such moneys as are paid out by him for incidental expenses in connection with the duties of his office, for which expenditure he shall present with such monthly report vouchers and itemized statements showing dates and purposes of such expenditures. All payment which he is authorized to make under this chapter, except as herein specified, shall be made only by orders drawn on the county treasurer, payable to the person entitled thereto and showing upon the face thereof the purpose for which the order is given.

The right of a superintendent of the poor to draw drafts on the county treasurer for his personal expenses, if it ever existed, has been taken away by chapter 75 of the Laws of 1912 (amending this section), providing that the superintendent of the poor shall pay over to the county treasurer all moneys received by him, etc., and make payments only by orders drawn on the county treasurer payable to the person entitled thereto and showing upon the face thereof the purpose for which the order is given. Said statute makes it unlawful for the superintendent to disburse moneys himself directly and he cannot draw a draft to his own order for personal expenses. A superintendent of the poor asking a writ of mandamus to compel the payment of the draft drawn by him on the county treasurer for personal expenses is under the burden of showing that such expenses were a county charge. Strong v. Williams (1915), 167 App. Div. 714, 153 N. Y. Supp. 175.

§ 29. Overseers of the poor in cities.

Change in title of office.-The council of the city of Niagara Falls, elected under an optional city government law (L. 1914, chap. 444), cannot change the title of the office of overseer of the poor to that of commissioners of charities. Atty. Genl. Opin., 6 State Dep. Rep. 452 (1916).

§ 30. Hospital accommodations for indigent persons.-1. Any city or

L. 1916, ch. 483.

Hospital accommodations for poor.

§§ 40, 42.

county, in which a hospital duly incorporated is situated, may send to and support, in the same, such sick and disabled indigent persons as require medical or surgical treatment, and when admitted the authorities of such city or county shall pay to such hospital such sum per week as may be agreed upon or found to be just during the period in which such person shall remain in such hospital.

2. In all counties of this state in which there are not adequate hospital accommodations for indigent persons requiring medical or surgical care and treatment, or in which no appropriations of money are made for this specific purpose, it shall be the duty of county superintendents of the poor, upon the certificate of a physician approved by the board of supervisors, or of the overseers of the poor in the several towns of such counties, upon the certificate of a physician approved by the supervisor of the town, as their jurisdiction over the several cases may require, to send all such indigent persons requiring medical or surgical care and treatment to the nearest convenient and suitable hospital, the incorporation and management of which have been approved by the state board of charities, provided transportation to such hospital can be safely accomplished. The authorities of such county or town shall pay to such hospital such reasonable sum per week, for the care and treatment of such indigent persons, as may be agreed upon by the authorities of the county or town and the directors of such hospital, and provision for the payment for such care and treatment shall be made in the annual budgets of such county or town. (Amended by L. 1912, ch. 309, and L. 1916, ch. 483, in effect May 9, 1916.)

§ 40. Settlements, how gained.

Jurisdiction of Court of Special Sessions of New York; settlement.-Where the complainant in a bastardy proceeding had a settlement in the county of Kings, when the bastard was born, the Court of Special Sessions of the city of New York has jurisdiction, although she resided in a foreign State, but not for a period exceeding six months, when the proceeding was begun. Commissioner of Public Charities v. Vassie (1915), 167 App. Div. 74, 152 N. Y. Supp. 496.

§ 42. Poor persons not to be removed, and how supported.

Application.-C, a laborer of full age but of nomadic habits, came into this state in which he never had a place called home, and after working on April 2, 1914, in Ontario county, where there is no distinction between town and county poor, became ill and was taken by the superintendent of the poor of that county to the county hospital, and upon his recovery several weeks later went to work and continued to be employed in said county for several months, being self-supporting all of that time. Thereafter he went to Groton, Tompkins county, where the distinction between town and county poor is still maintained and while at a hotel before securing employment he was taken with pneumonia and given temporary relief and furnished with medical care by the superintendent of the poor of Tompkins county, and being unable to work was assisted by said superintendent for four or five weeks. He had not lived in any one place in the county of Ontario for a year prior to 1914. In an action by the county of Tompkins to charge the county of Ontario with the support of C, held that when he left Ontario county with money and still had money when he went to Groton in Tompkins county he

§§ 52, 54, 56, 61.

Removal of poor persons.

L. 1916, ch. 175. was not a "poor person" straying from one county to another, and that he became so only when he was again overtaken by misfortune and became ill and then that the same duty devolved upon plaintiff to care for him in the emergency as had devolved upon defendant county on the occasion of his previous sickness, and that he was entitled under this section to be supported by plaintiff, he not having a settlement in any city or town. County of Tompkins v. County of Ontario (1915), 92 Misc. 272, 156 N. Y. Supp. 335.

§ 52. Liability, how contested.-The county superintendents, or overseers, or other persons to whom such notice may be directed may, after the service of such notice, take and remove such poor person to their county, town or city, and there support him, and pay the expense of such notice, and of the support of such person; or they shall, within thirty days after receiving such notice, 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 allegation of such improper enticing or removal, or that their town, city or county is liable for the support of such poor person. Upon the application of such county superintendent, overseer or other person so notified, and upon proper proof, the county judge of the county wherein such superintendent, overseer or other person to whom such notice shall have been directed, resides, shall issue a warrant directed to the sheriff of the county, or to some other proper person or persons, directing him or them to take and remove such poor person from the place where he may be, to the county, city or town legally chargeable for his support. (Amended by L. 1916, ch. 175, in effect Apr. 30, 1916.)

§ 54. Actions when and how to be brought.-Upon service of any such notice of denial the county superintendents upon whom the same may be served, shall, within three months commence an action in the name of their county, against the town, city or county so liable for the expense incurred in the support of such poor person, and prosecute the same to effect; if they neglect to do so, their town, city or county, shall be precluded from all claim against the town, city or county to whose officers such first notice was directed. Such action shall be tried in the county in which the cause of action arose, subject to the power of the court to change the place of trial in the cases provided by law. (Amended by L. 1916, ch. 203, in effect Apr. 12, 1916.)

§ 56. Poor children under sixteen years of age.

See People ex rel. New York Juvenile Asylum v. Board of Supervisors (1915), 168 App. Div. 863, 153 N. Y. Supp. 1076.

§ 61. Mother and child poor persons; proceedings against county or town from which she was removed. Such mother and her child shall, in all respects, be deemed poor persons; and the same proceedings may be had by the county superintendents to charge the town, city or county from which she was removed or enticed, or shall have of her own accord come or strayed, for the expense of supporting her and her child, as are provided

L. 1916, ch. 532.

Relief of soldiers and veterans.

881.

in the case of poor persons; and an action may be maintained in the same manner for said expenses and for all expenses properly incurred in apprehending the father of such child, or in seeking to compel its support by such father or its mother. (Amended by L. 1916, ch. 205, in effect Apr. 12, 1916.)

§ 81. Post or camp to give notice that it assumes charge.-The commander of any such post or camp which shall undertake to supervise the relief of poor veterans or their families, as herein provided, before his acts shall become operative in any town, city or county, shall file with the clerk of such town, city or county, a notice that such post or camp intends to undertake such supervision of relief, which notice shall contain the names of the relief committee, commander and other officers of the post or camp; and also an undertaking to such city, town or county, with sufficient and satisfactory sureties for the faithful and honest discharge of his duties under this article; such undertaking to be approved by the treasurer of the city or county, or the supervisor of the town, from which such relief is to be received. Such commander shall annually thereafter, during the month of October, file a similar notice with said city or town clerk, with a detailed statement of the amount of relief requested by him during the preceding year, with the names of all persons for whom such relief shall, have been requested, together with a brief statement in each case, from the relief committee, upon whose recommendation the relief was requested, provided, however, that in cities of the first class, said notice and said detailed statement shall be filed with the comptroller of such city, and said undertaking shall be approved by him, and provided further that in any city of the first class which is now or may hereafter be divided into boroughs, such notice, and such detailed statement, each in duplicate, shall be filed with the comptroller, and he shall forward one of said duplicates to the commissioner or deputy commissioner of charities for the borough in which the headquarters of such post or camp is situated, except that, in the boroughs of the city of New York, no undertaking shall be filed by the commander or the committee of the post or camp nor shall any annual statement of the amounts of relief granted be required. And it shall be the duty of the commissioner of charities to annually include in his estimate, of the amount necessary for the support of his department, such sum or sums of money as may be necessary to carry into effect the provisions of sections eighty, eighty-one, eighty-three, and except in the city of New York, eighty-four and eighty-five of this chapter, and the proper officers charged with the duty of making the budget of any such city shall annually include therein such sum or sums of money as may be necessary for that purpose. Provided, further, that in the city of New York the relief shall be paid direct to the beneficiaries by the commissioner of public charities on a written recommendation signed by the relief committee, the commander and the quartermaster of such post or camp. The comptroller