the clerk of the board of supervisors of Albany county, and be by him presented to said board at the opening of its then next annual session, and be printed in the proceedings thereof. The county treasurer shall examine, quarterly, an account of the disbursements attending the transportation of the persons mentioned in section one of this act, which shall be made out in detail and verified by the superintendent of the almshouse in the form in which claims against the county of Albany, presented to the board of supervisors thereof, are required by law to be verified, and shall audit and allow the same at such sum as in his opinion shall be reasonable, and shall pay the amount so allowed by him from the county treasurer.

§ 9. It shall be the duty of all institutions and asylums receiving from Albany county any persons mentioned in sections one and two of this act to make report to the said superintendent, when required by him so to do, of any matters and facts relating to the confinement or condition of such persons. Any incorporated body in the county of Albany, over the management and affairs of which the state board of charities of the state of New York, has jurisdiction and supervision, which shall have any claim against the county of Albany, for the board, support, maintenance or education of any child or children lawfully committed thereto, is hereby authorized to present to the county treasurer of Albany county a bill on the last day of each quarter for the amount of such claim during such quarter, in the same form and with the same verification as is required in the case of a like bill presented for audit to the board of supervisors of Albany county, and such bill, when duly certified to be correct by the superintendent of the almshouse of Albany county, shall be paid by the said county treasurer to the extent of seventy-five per centum of the amount so certified by said superintendent. The total amount of the claim against said county during each year must be presented to the board of supervisors for audit in the same manner as heretofore, and there must be credited upon such claim the payment or payments made as aforesaid. (As amended by chapter 486 of the Laws of 1898.)

§ 10. No person shall by a commitment to or residence in the almshouse, penitentiary or jail in the city of Albany gain a resi

dence in the county of Albany, nor shall the time of his residence therein be considered in any case in determining his residence.

§ 11. Whenever it shall be made to appear or become known to any overseer of the poor or person charged with the duties of overseer of the poor in any town, village or city in the county of Albany, or to the superintendent of the almshouse in the city of Albany, that any lunatic, idiot, person of unsound mind, deafmute, orphan or pauper, who is or has been supported or maintained, in whole or in part, by or at the expense of the county of Albany, is the owner or possessor of, or entitled to any property, right of action, claim or demand, or that such indigent person has died possessed thereof or entitled thereto, it shall be the duty of such superintendent of the almshouse, overseer of the poor, or other person, forthwith to notify in writing the county treasurer of the county of Albany of such fact.

And in such case such county treasurer shall take proceedings at law for the recovery of and shall be entitled to recover the amount theretofore expended by the county of Albany for or toward the support or maintenance of such lunatic, idiot, person of unsound mind, deaf-mute, orphan or pauper against the person, body or corporation having or holding, on behalf of such indigent person, such property, right of action, claim or demand, and to charge the same with and make suitable allowance and provision therefrom for the future support and maintenance of such indigent person. If, after inquiry, such county treasurer cannot find any person, body or corporation legally holding such property, right of action, claim or demand on behalf of such indigent person, it shall be his duty to present to a judge, or at a special term of the supreme court, a petition setting forth the facts, and thereupon, on notice to each indigent person and to any other person or persons, body or corporation, if any, as the judge or court shall order, to apply for and said court or judge is authorized to make an order directing said county treasurer to take into his custody and possession and hold any such property, right of action, claim or demand and any rents, income, interest or increase thereof, in trust for such indigent person, and to enforce in his name of office namely: "The county treasurer of the county of Albany "his right to such custody and possession, and in like manner the amount due or secured to be

paid by any such right of action, claim or demand as the same shall at any time or from time to time, mature and become due or payable. And the said county treasurer is hereby authorized and directed to take the same into his custody and possession, and his receipt therefor shall be a sufficient discharge from liability to the party holding the same, and the judge or court may in such order or from time to time by any other or further order upon like notice direct that any money theretofore paid out by the county of Albany, for the maintenance or support of such indigent person, be repaid to the county out of his or her said property, and that proper provision for future support be made therefrom.

In case such indigent person shall die and no executor or administrator of his estate shall be appointed, the county treasurer of Albany county is authorized and directed to apply to the proper surrogate for letters of administration upon his or her estate, and shall be by said surrogate appointed; but no bond or obligation for the faithful performance of the duties of his trust shall be required of him. This section shall not apply to or affect the earnings, wages or salary of any such indigeut person earned subsequent to the time that such indigent person ceases to be a charge upon such county.

If in any proceeding taken or had under this act, either or any party in interest shall demand a trial by jury of any issue or question involved, it shall be the duty of the judge or court to make an order directing that such issue or question be tried at the next circuit court of the supreme court held in his county and the same shall be there tried and disposed of and proper relief be there given. (As amended by chapter 300 of the Laws of 1885, and chapter 387 of the Laws of 1886.)

§ 12. It shall be the duty of the county treasurer of the county of Albany, to include in the county tax budget submitted by him each year to the board of supervisors of said county, and the duty of said board to levy by tax and collect from the taxable property of said county, and, when collected, the said county treasurer shall pay over to the overseer of the poor of each of the towns of Berne, Bethlehem, Coeymans, Guilderland, Knox, New Scotland, Rensselaerville, Westerlo, Colonie and Green Island, in the county of Albany, each year the sum of three hundred and ninety

dollars to each, which sum shall be by said overseer expended in the relief of all persons whose care is chargeable to said county under the provisions of section twenty-three of chapter twentyseven of the general laws, and the balance thereof shall be expended for the temporary relief of the poor of said town and shall be accounted for by the said overseer of the poor in like manner as he is now by law required to account for any temporary relief fund raised in said town. (As amended by chapter 387 of the Laws of 1886, and chapter 708 of the Laws of 1897.) § 13. (Repealed by chapter 387 of the Laws of 1886.) § 14. (Repealed by chapter 387 of the Laws of 1886.)

Columbia County.

AN ACT relating to the superintendent of the poor of the county of Columbia, defining his powers and duties, and regulating the exercise thereof in certain cases.

Chapter 275, Laws of 1885.

Section 1. In the county of Columbia the superintendent of the poor, who is to be elected in November next, and thereafter, shall also be the keeper of the almshouse and asylum for the insane, and the salary of such superintendent as superintendent of the poor and keeper of the almshouse and asylum for the insane, including the pay of a clerk to be employed by such superintendent, shall be fixed by the board of supervisors at their regular annual mecting before the newly elected superintendent of the poor shall enter in and upon the duties of his office, at a sum not exceeding eighteen hundred dollars ($1,800) per annum, for and during his term of office. Such salary, when so fixed and determined, shall be in full compensation to said superintendent for all services rendered and expenses incurred by him except those described in section three of this act, and excepting the use for himself and family of that part of the almshouse known as the keeper's apartment, while he shall be keeper thereof, and also excepting the necessary food for the use of himself and family while such keeper. The said board of supervisors shall at such meeting fix and determine when and how such salary shall be payable in accordance herewith.

§ 2. The superintendent of the poor of said county shall, whenever directed so to do by resolution of the board of supervisors of said county, adopted by a majority vote of all members elected thereto, purchase all such articles as may be necessary for the support and maintenance of the poor, and of all others in the public institutions of said county, which now are, or may hereafter be placed under charge of said superintendent, by contract or otherwise, as may be directed by said resolution, and if by contract, such resolution shall designate what notice shall be given of the letting of such contract, when, where, and in whose presence proposals shall be opened, and the amount of security to be given for the faithful performance of the contract, and the said board of supervisors shall designate in said resolution who shall award the contract, and whenever the board of supervisors of said county at any meeting lawfully assembled shall direct as to the time, manner and extent of the sales of personal property to be made by such superintendent. No sales shall be made by him of such property or any part thereof except in compliance with the directions so given.

§ 3. The actual and necessary expenses incurred by the superintendent of the poor of said county in the discharge of his official duties shall be audited and allowed to him by the board of supervisors of said county at their annual meeting upon the presentation of his bill therefor, duly itemized and verified.

§ 4. The superintendent of the poor of said county shall annually make and render, under oath to said board of supervisors a full detailed and itemized report of his receipts and disburse ments as such superintendent, embracing therein in detail the products of the county farm of every name and nature and his disposition of the same, and the same shall be rendered within five days after the board of supervisors shall have convened in regular annual session by delivering the same to the clerk thereof. The failure of the superintendent to file such report or comply with any of the provisions of this act shall be deemed misconduct in office within the meaning of chapter one hundred and thirtythree of the laws of one thousand eight hundred and seventy-six § 5. All acts or parts of acts inconsistent with the provisions of this act are hereby repealed.