George Crane Morehouse.

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Online LibraryGeorge Crane MorehouseThe supervisors' manual : a practical treatise on the law applicable to the duties of supervisors from the date of their election to the end of their official term; also, the law relative to town bonds, railroad aid bonds, defective roads and bridges, town meetings, assessment and collection of taxe → online text (page 66 of 96)
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quire, all such rules, regulations and amendments thereto to be
adopted by such boards of supervisors at a regular session of the
board.

§ 2. This act shall not aoply to the county of Eichmoud.

Laws of 18S6, chap. 855.
See form of superintendents' report, ante, § 526.

May Reg-ulate Temporary Relief, Direct
Moneys to be Paid Overseers Instead of
County Treasurer. — The board of supervisors of any
county in this State may by resolution direct that the money to be
raised in the several towns of said county, for the support of the
poor in said towns, be paid to the overseers of the poor of the re-
spective towns, instead of to the county treasurer, and that the war-
rants attached to the tax-rolls in said county direct accordingly.

Chap. 655, Laws 1887, § 1.

The board of supervisors of any county may make such rules and



Board of Supebvisoes — Miscbllakeous Duties. 595

regulations as it may deem proper in regard to the manner of fur-
nishing temporary or out-door relief to the poor of the several towns
in said county by the overseers of the poor thereof, and also in re-
gard to the amount such overseers of the poor may expend for the
relief of each person or family, and after the board of supervisors
of any county shall have made such rules and regulations it shall' not
be necessary for the overseer of the poor of the towns in said county
-to procure an order from a justice of the peace, or the sanction of the
superintendent of the poor to expend over $10 for the relief of any
person or family, unless the board of supervisors of such county shall
«o direct, but this shall not apply to the counties of New York,
Kings and Onondaga.

Id., §2.

§ 720. Warren County Act — Poor to be a
County Charge in Certain Counties.— In the coun-
ties of Warren, Washington, Saratoga and Genesee, poor persons
-entitled to support as aforesaid, shall be maintained at the expense
of the said counties respectively ; and all costs and charges attend-
ing the examinations, conveyance, support and necessary expenses of
paupers within the said counties respectively, shall be a charge upon
the said counties, without reference to the number or expenses of
paupers which may be sent to the poor-house of said counties from
or by any of the towns therein. The said charges and expenses
shall be reported by the superintendents of the poor of the said
counties to the boards of supervisors therein respectively, and shall
be assessed, levied and collected of and upon the taxable real and
personal estate in the said counties, in the same manner as other
■county charges.

3 R. S. 1857, § 23.

§ 721. When a County Charge in Other Coun-

liies. — The board of supervisors of any county in this State, at
any annual meeting, or at any special meeting called for that pur-
pose, may determine to abolish all distinction between county poor
and town poor in their counties respectively, and to have the ex-
pense of maintaining all the poor a county charge ; and upon their
iling such determination, duly certified by the clerk of the board,
with the county clerk, the said poor shall be maintained, and the
expense thereof defrayed in the manner prescribed in the preceding
section relative to the counties of Warren, Washington, Saratoga
and Genesee.

Id. 1858, i 24.



596 Supervisors' Manual.

The supervisors may revive or abolish the distinction between
town and county poor except in New York county.

Laws of 1849, chap. 194, § 4, subd. 10.

§ 722. Notice of Determination of Super-
visors. — In those counties where the supervisors shall determine
to abolish the distinction between town poor and county poor, and
to have aR the poor a county charge, it shall be the duty of the clerk
of the board of supervisors immediately to serve notice of such
determination on the overseers of the poor of every town iu the
county. Within three months after the service of such notice, the
overseers of the poor of every town shall pay over all moneys
which shall remain in their hands, after discharging, all demands
against them as such overseers, to the county treasurer, to be apphed
by him toward the future taxes of such town. In case of neglect
to pay over such moneys, the county treasurer may maintain an
action therefor, in which he shall recover interest on the moneys
withheld, from the time they should have been paid over.

8 R. S. 1857, 6 21.

The clerk of the board must also serve notice of such determi-
nation on the clerk of eaclitown, village or city within such county..

Id., § 25.

In order to render the expense of maintaining all the poor of a county a county
charge, pursuant to 3 R. S. 1857, § 34, the board or supervisors must not
only determine to abolish the distinction between county and town poor, but must
Gle such determination with the county clerk.

Until such determination be filed, the duties of the officers arising out of such
change in the poor system do not attach.

The service of the resolution of the board of supervisors on the town clerks is
not essential to effect a change of system, the provisions respecting such service
being only directory.

TbomsoQ V. Smith, 2 Denio, 177.

See Decisions under § 658, ante.

§ 723. HOTT Supported. — In all the other counties of this
State, except the counties of "Warren, Washington, Saratoga, Gene-
see, and those counties of which the board of supervisors shall file
the determination aforesaid, the poor, having a settlement in- any
town in such county, shall be supported at the expense of such town,
and the poor not having such settlement shall be supported by the
county in which they may be.

8 R. S. 1858, § 28.

§ 724. Expenses of Supporting Poor, how
Defrayed, — In those counties where the respective towns are



BoAED OF Supervisors — Miscellakeous Duties. 597

required to support their own poor, tlie county treasurers thereof
shall respectively open and keep an account with each town, in
which the town shall be credited with all moneys received from the
same, or from its officers, and shall be charged with the moneys paid
for the support of the poor chargeable to such town. And if there
be a county poor-house, or other place provided in such county for
the reception of the poor, the superintendent of the poor of the
county shall, in each year, before the annual meeting of the board
of supervisors of such county, furnish to the county treasurer a
statement of the sums charged by them, as hereinafter directed, to
the several towns for the support of their poor, which shall be charged
to such towns respectively, by the county treasurer in his accounts.
3 R. 9. 1863, § 47.

In those counti'es in which a poor-house shall be established, or a
place provided, by the superintendents, for the reception of the poor,
and in -which the several towns shall be liable for the support of their
■poor respectively, it shall be the duty of the superintendents,
annually, and during the week preceding the annual meeting of the
board of supervisors, to make out a statement of all the expenses
incurred by them the preceding year, and of tl^e moneys received,
and exhibiting the deficiency, if any, in the funds provided for
the defraying such expenses; and they shall apportion the said
deficiency among the said several towns, in proportion to the number
and expenses of the paupers belonging to the said towns, respect-
ively, who shall have been provided for by the said superintendents,
and shall charge the said towns with the said proportious ; which state-
ment shall be by them delivered to the county treasurer, as before
43irected.

Id., s 48.

At the annual meeting of the board of supervisors, the county
treasurer shall lay before them the account so kept by him ; and if
it shall appear that there is a balance against any town, the said board
shall add the same to the amount of taxes to be levied and collected
upon such town, with the other contingent expenses thereof, together
with such a sum for interest, at the rate of seven dollars on the
bundred, as will reimburse and satisfy any advances that may be made,
or that may have been made, from the county treasurer, for such town ;
which moneys, when collected, shall be paid to the county treasurer.
Id., § 49.

The superintendents of the poor in each county shall annually
present to the board of supervisors, at their annual meeting, an esti-



598 Supervisors' Manual.

mate of the snm which, in their opinion, will be necessary, durioff
the ensuing year, for the support of the county poor ; and the said
supervisors shall cause such sum as they may deem necessarv for that
purpose, to be assessed, levied and collected, in the same manner as
the other contingent expenses of the county, to be paid to the county
treasurer, and to be by him keut as a separate fund, distinct from the
other funds of the county.

Id., § 50.

For the relief of indigent soldiers, sailors, etc., see chap. 706,
Laws of 1887, as amended by chap. 261, Laws of 1888, in full, ante,
§473.

By the Laws of 18Y5, chapter 482, section 1, subdivision 15, boards
of supervisors have power " to direct the payment, by justices of
the peace, of all fines and penalties imposed by and paid to such
justices in their respective towns, to the supervisors of such towns,
on the first Monday in each month, to be applied by them toward
the support of the poor of said towns, or to the superintendents of
the poor, when the support of the poor is a county charge, and to
direct the justices, of the peace of such town to report the amount,
of all fines collected by such justices to the board of town auditors
on Tuesday preceding the annual town meeting.

As amended, Laws of 1881, chap. 129; 2 K. S. 945.

As to raising moneys by, and reports, etc., to, the board for
counties under the Livingston county act, see that act, ante.

Under the Revised Statutes and Warren county act, any neglect
by the superintendent to render an account or statement as above
required, or to pay over any moneys, shall forfeit $250.

§ 725. Certain Counties may Restore the Dis-
tinction Bet'ween ToTrn and County Poor.—

The board of supervisors in any of the counties of Livingston, Sulli-
van, Broome, Cortland, Orange, Allegany, Seneca, Franklin, Onon-
daga and Ulster, at any annual meeting, by a vote of a majority of
all the members elected in favor thereof, may determine to restore
the distinction between county poor and town poor in their counties
respectively ; and upon their filing such determination, duly certified
by the clerk of the board, with the county clerk, the distinction be-
tween the county poor and town poor shall thereupon be restored,
from and after the time to be fixed by such board of supervisors,
either at the commencement or the close of the year for which said
supervisors were elected to serve. It shall not be lawful for any
officer, whose duty it may be to provide for the maintenance, care



BOAKD OP SUPEBVISOKS — MISCELLANEOUS DUTIES. 599

or support of the poor and indigent persons a public expense, to put
up at auctiod or sale, or the keeping, care or maintenance of any such
poor or indigent person to the lowest bidder, and every contract
which may be entered into for the support, care or maintenance of
any such poor or indigent person, in pursuance of or accordance with
any bid or bids made at any auction or public competition for the
support, care or maintenance of any such poor persons, shall be abso-
lutely void.

Laws of 1848, chap. 176 ; 3 R. S. 1874.

Like power has been given to other counties by special acts, but

chap. 194, Laws of 1849, § 4, subd. 10, gives all boards, except New

York county, power so to do.

See note above as to abolishing the distinction between town and county poor,
§722.

§ 726. No Child Bet\reen Ttto and Sixteen
Vears to be kept at Poor-House.— It shall not be
lawful for any county superintendent or overseer of the poor, board of
charity or other officer, to send any child between the ages of two and
sixteen years, as a pauper, to any county poor-house or alms-house for
support and care, or to detain any child between the ages of two and
sixteen years in such poor-house or alms-house ; but such county su-
perintendents, overseers of the poor, boards of charities or other officers
shall provide for such child or children, in families, orphan asylums,
hospitals or other appropriate institutions, as provided by law. The
boards of supervisors of the several counties of the State are hereby
directed to take such action in the matter as may be necessary to
carry out the provisions of this section. When any such child shall
be so provided for or placed in any orphan asylum or such other
institution, such child shall, when practicable, be so provided for or
placed in such asylum or such other institution as shall then be con-
trolled by persons of tlie same religious faith as the parents of such child.

Laws of 1884, chap. 438, § 2.
See Decisions under § 728, post.

§ 727. Removal of Cbildren from One Insti-
tution to Anotbex*. — While any child which shall have
been placed in such asylum or other institution, as a pauper, in pur-
suance of the second section of this act (§ 726, ante), shall remain
therein at the expense of the county or town to which such pauper
child is chargeable, the superintendents of the poor of such county,
or the overseer of the poor of such town, may, in their discretion.



600 SUPEKVISOBS' MaNTTAL.

remove snch child from such asylum or other institution, and place
such child in some other such institution, or make such other dis-
position of such child as shall then be provided by law. The name
of no such child shall be changed while in such institution, as in
this section aforesaid. But no parent of such pauper child, so in
such asylum or other institution, as in this section aforesaid, shall be
entitled to the custody thereof except in pursuance of a judgment
or order of a court or judicial officer of competent jurisdiction, ad-
judging or determining that the interest of such child will be pro-
moted thereby, and that such parent is fit, competent and able to
duly maintain, support and educate such child.

Id., § 4

§ 728. Children may be Bound out, etc.— The
fifth section provides that any child which shall have been absolutely
surrendered to the care and custody of any incorporated orphan asy-
lum or other institution incorporated for the care of orphan, friendless
or destitute children, or which shall have been placed therein as a pau-
per under the second section of this act, or which shall have been
left to the care of such corporation, with no provision by the parent,
relative or legal guardian of such child for its support for one year
then next preceding, may be bound out to be a clerk, apprentice or
servant.

Id., §5.

Surrender of Children to Corporation
"When Public Expense.— The first section provides that
the guardianship of the person and the custody of any indigent child
may be committed to such corporation by the parents, if living, by
the surviving parent, if one be dead, or if either parent shall have
abandoned any child for six months then next preceding by the
other parent, or if the father shall have neglected to provide for
his family during the six months then next preceding, if a bastard
by the mother, if both parents be dead, by the legal guardian, duly
approved, or if no parents or legal guardian, or if the parents have
abandoned .ihe child for said six months, by the mayor of the city
or county judge in which such corporation shall be located, upon
such terms, for such time and subject to such conditions as may be
agreed upon by the parties, and such written instrument may pro-
vide for the absolute surrender of such child to such corporation.
But no such corporation shall draw or recevoe money from pviblio
funds for the support of any such child committed under the pro-



BOABD OF SCPBRVISOES — MISCELLANEOUS DUTIES. 601

visions of this section, unless it shall have been determined by a
^ourt of competent jurisdiction, that such child has no relative, pa-
rent or guardian living, or that such relative, parent or guardian, if
living, is destitute and actually unable to contribute to the support
of such child.

H.,§1.

The power of the supervisor to act as guardian in binding out
children no longer exists.

The provisions quoted and the law itself would seem sufficient to
protect the interests of the children as well as those of the public
from any undue retention of children by such corporations, for prose-
lyting, or other improper purposes.

This action was brouglit by the plaintifE, a corporation organized under the laws
of this State for the care, education and support of poor orphan children, to re-
cover the amount due it for supporting certain children between the age of two
and sixteen years, residents of Long Island City-, and whom it had received, cared
for and supported, on authority of written orders given by the overseer of the
poor of the defendant city.

Seld, that the plaintiff was entitled to recover, as it had acted under the direc-
tion of an oflScer, who had fall power to give such direction, and who was com-
pelled by law to furnish the support for such children outside of the poor-house,
and in an incorporated orphan asylum.

That, as the relief of the children was permanent and not temporary, the $10
limitation imposed by section 43 of 3 Revised Statutes (7th ed., p. 1861), did not
apply to them.

Nuns of St. Dominick v. Long Island City, 48 Hun, 306.

§ 729. Excise Moneys. — In counties where the poor are
a, county charge, the excise moneys go to the county treasurer sub-
ject to the control of the board of supervisors ; in other counties they
are disposed of as the town board directs.

Laws of 1874, chap. 444, § 2, as amended by Laws of 1886, chap. 459.
In the town of Oswegatchie, St. Lawrence county, see chap. 458, Laws of 1889.

§ 730. Support of Prisoners Confined Upon
Civil Process. — In any county, if a prisoner actually confined
in jail makes oath before the sheriff, jailer or deputy jailer, that he
is unable to support himself during his imprisonment, his support is
a county charge.

Code Civ. Pro., § 112.

If a person imprisoned on attachment, or any civil process, or for
the non-payment of a militia fine, becomes insane, the county judge
may examine the case, and if it shall be proved to his satisfaction
that the prisoner is insane, he may order him sent to a State lunatic
asylum. His expenses while there and of sending him back to jail,
if remanded, are county charges, recoverable from his estate, from
76



602 SuPEEVisoKS' Manual.

any relative, town or city that would have been bound to provide
for and maintain him.

Chap. 446, Laws of 1874, tit. 1, § 27.

§ 731. State Pauper, Who is.— Every poor person who
is blind, lame, old, impotent or decrepit, or in any other way disabled
or enfeebled, so as to be unable by work to maintain himself, who
shall apply for aid to any superintendent or overseer of the poor,
or other officer charged with the support and relief of indigent per-
sons, and who shall not have resided sixty days in any county of this
State within one year preceding the time of such application, shall
be deemed to be a State pauper, and shall be maintained as herein-
after provided.

Chap. 661, Laws of 1873, § 1.

§ 732. County or To-wn Pauper, Who is.— Every
poor person who is blind, lame, old, sick, impotent, or decrepit, or
in any other way disabled or enfeebled, so as to be unable by his
work to maintain himself, shall be maintained by the county Or town
in which he may be.

8 R. S. 1854, § 14 (tit. 1, chap. 20, part 1 of the Rev. SJat.)

It requires "one year's residence to gain a settlement.

Id., §29.

But no such residence in the county poor-house, or place provided
for the support of the poor, or in any town while supported at the
expense of another town or county, shall operate to give such pauper
a settlement in the town where such actual residence may be had.

Id., §80.

§ 733. One Temporarily Unable to Support
Himself by Reason of Accident, Not a Pauper.

— Rev. St. N. Y. part 1, chap. 20, tit. 1, § 31, provides that no per-
son shall be removed as a pauper from any city or town to any other
city or town of the same or any other county, or from any county to any
other county, but every poor person shall be supported in the county
where he may be ; that if he has gained a settlement in any town in
such county he shall be maintained by such town ; and that if he has
not gained a settlement in the county in which he shall become poor,
sick, or infirm, he shall be supported and relieved by the superin-
tendent of the poor at the expense of the county. Such statutes, as
amended by Laws of New York, 1885, chap. 546, provide that any
pauper who shall, of his own accord, come or stray from one city,



Board of Supekvisoes — Miscellaneous Duties. 60$

town, or county into any other city, town, or county not legally
chargeable with his support, shall be maintained by the superintend-
ent of the county where he may be, and that by taking certain
proceedings the liability of the county or town from whence he
came for his support may be fixed, if such county is so liable. Held,tha,t
one who had always been able to support himself and family by
manual labor, though the wages earned by him were not more than
sufficient for that purpose, was not a pauper, within the meaning of
the statute ; and where, having been a resident of the city and county
of New York, he went to another county, and there met with an ac-
cident, which rendered him unable to support himself, the county
from whence he came is not liable for his support.

Wood V. Simmons, i N. Y. Sup. 368 j S. C, 51 Hun, 326.

" Tramps " a State Charge.— Eyery tramp, upon con-
viction as such, shall be punished by imprisonment at hard labor in
the nearest penitentiary, for not more than six months, the expense
during such imprisonment not to exceed $1 a week per capita, to be
paid by the State.

Chap. 490, Laws of 1885, § 1.

In an action brought by the supervisors of Ontario county against
supervisors of Monroe county, the plaintiffs were allowed to recover
for moneys paid to the defendants for board of " tramps " at the
penitentiary, which had been improperly included in the account
presented to and paid by the plaintiffs within six years.
Case not reported.

Of the Suppoet of Insane Peksons.
§ 734. 2. On the 12th of May, 1874, the legislature passed an
" Act to consolidate the statutes of the State relating to the care and
custody of the insane; the management of the asylums for their treat-
ment and safe-keeping, and the duties of the State commissioner in
lunacy."

Laws of 1874, chap. 446; 8 R. S. 1901.

By section 2 of title 11 of that act, id. p. 590, all laws or parts of
laws inconsistent with or repugnant to the provisions of that act are
repealed.

The provisions of the act of 1874, so far as they relate to the
powers and duties of boards of supervisors, .ov of supervisors indi-
vidually, are as follows :

By section 5, title 1, the county superintendent of the poor of



^604 Sppervisobs' Makual.

any county or town in which any person shall be chargeable, who
shall be, or shall become, a lunatic, may send any such person to any
State lunatic asylum, by an order under their hands, and in compli-
ance with the provisions of said act.

§ 735. Supervisors to Designate Asylum.—

In case of the refusal or neglect of any committee or guardian of
any lunatic, or his relatives, to confine and maintain him, or where
there. is no such committee, guardian or relatives of sufficient ability
to do so, it shall be the duty of the overseers of the poor, or con-
stables of the city or town where any lunatic shall be found, to
report the same forthwith to the superintendent of the poor, who
shall apply to the county judge, special county judge or surrogate,
or any other judge or justice of a coUrt of record of the city or
county in which the lunatic may reside or be found, who, upon being
satisfied upon examination that it would be dangerous to permit
such lunatic to go at large, shall issue his warrant, directed to the
constables and ovei-seers of the poor of such city or town, command-
ing them to cause such lunatic to be apprehended and to be sent
within the next ten days to some State lunatic asylum, or to such
public or private asylum, as may be approved by any standing order
or resolution of the supervisors of the county, to be there kept and
maintained until discharged by law.



Online LibraryGeorge Crane MorehouseThe supervisors' manual : a practical treatise on the law applicable to the duties of supervisors from the date of their election to the end of their official term; also, the law relative to town bonds, railroad aid bonds, defective roads and bridges, town meetings, assessment and collection of taxe → online text (page 66 of 96)