Imágenes de páginas
PDF
EPUB

The father of these children had very little, if any, property, and had on various occasions been assisted in the maintenance of himself and family by the overseer of the poor of the town of Seneca Falls, in Seneca county, prior to the time of the placing of the children in the institution for the blind at Batavia, and he continued to receive help from the town authorities up to and during all the time that he resided at Seneca Falls.

It appears by the evidence taken in an action in Justices' Court, entitled Broome County vs. The Town of Seneca Falls, that the father of these children went from Seneca Falls to Elmira, on or about July 15, 1901; that he stayed there until August, 1901; that he then went to Binghamton, Broome county, N. Y.; that during this time his wife and family which were not in some charitable institution remained at Seneca Falls until October 21, 1901, at which time his wife and children went to Binghamton.

Under this state of facts, I am of the opinion that George G. Speed never gained a legal settlement in any place other than Seneca Falls, Seneca county, N. Y.; that at the time he removed from said village, he was and had been a charge upon the poor authorities, under which circumstances he could not gain a legal settlement in any other county or town.

Section 40 of the Poor Law reads in part as follows:

[ocr errors]

Every person of full age who shall be a resident and inhabitant of any town or city for one year and the members of his family who shall not have gained a separate settlement, shall be deemed settled in such town or city, and shall so remain until he shall have gained a legal settlement in some other town or city in this State, or shall remove from this State and remain therefrom one year.

[ocr errors]

The year's residence mentioned in this section must be a year's residence entirely free from any care of any charitable institutions or by the poor authorities of any municipality.

This principle was clearly stated and upheld in the case of Bellows, Superintendent of the Poor, vs. Courter, Superintendent of the Poor, reported in 6th N. Y. Supplement, p. 73.

The certificate required to accompany the application for admission to the institution was made by a physician of Seneca Falls, who was also the president of the village of Seneca Falls at the time of making such certificate. He was not one of the officers named in section 3 of chapter 744, Laws of 1867, as amended by chapter 616, Laws of 1872.

I am of the opinion, however, that the certificate having been made by the president of the village, and the fact being that the Speeds were residents and inhabitants of the village of Seneca Falls, Seneca county, at the time, that this certificate was proper and sufficient, and that the county of Seneca is liable for these bills, and that your itemized statement of the bills should be made out in due form and submitted to the clerk of the board of supervisors of Seneca county, as provided by section 47 of the State Charities Law. Trusting that the delay has not inconvenienced you in any way, and that this may be the means of getting these matters straightened out to your satisfaction, I am,

Yours respectfully,

JULIUS M. MAYER,
Attorney-General.

§ 1005. Charges against county. 1. If the friends of any pupil from within the state of New York shall fail through neglect or inability to provide the same with proper clothing or with funds to defray his necessary traveling expenses to and from the school, or to remove him therefrom, as required in the preceding section, the trustees shall furnish such clothing, pay such traveling expenses, or remove such pupil to the care of the overseers of the poor of his township, and charge the cost of the same to the county to which the pupil belongs, provided that the annual amount of such expenditures on account of any one pupil shall not exceed the sum of sixty dollars.

2. And in case of the death of any pupil at the school, whose remains shall not be removed or funeral expenses borne by the friends thereof, the trustees shall defray the necessary burial expenses, and charge the same to his county as aforesaid.

3. Upon the completion of their course of training in the industrial department, the trustees may furnish to such worthy poor pupils as may need it, an outfit of machinery and tools for commencing business, at a cost not exceeding seventy-five dollars each, and charge the same to the proper county as aforesaid.

§ 1006. Accounts against counties and payment thereof. On the first day of October in each year, the trustees shall cause to be made out against the respective counties concerned, itemized accounts, separate in each case, of the expenditures authorized by the preceding section, and forward the same to the board of supervisors chargeable with the account. The board shall thereupon direct the county treasurer to pay the amount so charged to the treasurer of the school for the blind, on or before the first day of March next ensuing.

The counties

§ 1007. Reimbursement of counties. against which the said accounts shall be made out as aforesaid, shall cause their respective treasurers, in the name of their respective counties, to collect the same, by legal process, if necessary, from the parents or estates of the pupils who have the ability to pay, on whose account the said expenditures shall have been made; provided that at least five hundred dollars' value of the property of

such parents or estate shall be exempt from the payment of the accounts aforesaid.

§ 1008. Entitled to publications and may receive bequests and donations. The school shall be entitled to receive copies of all books and other publications which are distributed gratuitously by the state to township or county libraries, common schools, academies, colleges and societies. It may also receive in the name of the state, bequests or donations of money or any kind of property, but such money or property shall, in all cases, belong to the state, and be subject to its control; provided that the same shall not be diverted from the particular object for which it shall be bequeathed or donated.

§ 1009. Records and annual reports. The board of trusices shall keep full and complete record of their proceedings, and make an annual report of the same to the legislature, at the commencement of the regular session thereof, strictly accounting in detail for their expenditures, on account of the school, during the pre eding fiscal year of the state, setting forth the progress and condition of the several departments of the school, making such suggestions concerning its future management as they may deem essential, and submitting proper estimates of the funds needed for its support, as well as for building and all other purposes.

§ 1010. Payments by state treasurer. The state treasurer is hereby directed to pay over to the board of trustees, upon the warrant of the comptroller, all moneys which shall hereafter be appropriated on account of the New York state school for the blind; the general appropriations for the current support of the school, to be paid in equal quarterly installments, and specific appropriations for building and other purposes, to be paid when needed by the

trustees.

§ 1011. Drafts upon state treasury. All drafts upon the state treasury on behalf of the school shall be based upon orders of the board of trustees, signed by the president and secretary of the same. and attested by the common seal of the school.

*§ 962. Consent of trustees to construction of sewers. The board of trustees of the New York State School for the Blind shall have power and authority to grant to the village of Batavia a license to lay, construct and maintain as a part of the general sewer system of such village, a sewer or sewers in, through, under and along the lands of such school in the village of Batavia, upon such conditions as such board may prescribe. (Added by chapter 53 of the Laws of 1910.)

ARTICLE XLIII-A.

(Added by Chapter 441 of the Laws of 1910.)

Retirement Fund for Teachers in State Insti

tutions.

Section 1095. Retirement of certain teachers in state institutions.
1096. Certificate of retirement upon application.
1097. Retirement upon recommendation of governing
body of institution where teacher is employed.

1098. Amount to be paid to such retired teachers.
1099. Time and manner of payments.

§ 1095. Retirement of certain teachers in state institutions and institutions receiving state pupils. Every teacher in a state institution and in an institution for the instruction of the deaf and dumb and the blind, receiving state pupils whose instruction and support are paid for by the state, who, for a period of ten years immediately preceding, has been employed as a teacher in any college, school, institution or teachers' institutes maintained and supported by the state, or in any such institution for the instruction of the deaf and dumb and the blind and who shall have been engaged in teaching in some college, university, school, academy, institution, teachers' institutes or in the public schools of this state or elsewhere during a period aggregating thirty years must, at his request, or may, on the order of the commissioner of education, be retired from such employment. (As amended by chapter 293 of the Laws of 1912, and chapter 614 of the Laws of 1915.)

§ 1096. Certificate of retirement upon application.

* Section not renumbered to correspond with §§ 990-1011.

Every such person desiring to be retired under the provisions of section ten hundred and ninety-five of this chapter shall present to and file with the commissioner of education an affidavit signed by himself, or, in case he is mentally or physically incapable of making such affidavit, the affidavit of some person or persons acquainted with the facts, setting forth the number of years of such employment, the place or places where employed, the salary received by the applicant at the last place of employment, and upon the filing of such affidavits, the commissioner of education, if he shall be satisfied of the truth of the affidavit, shall issue to such applicant a certificate that such applicant has been retired from active service as a teacher.

§ 1097. Retirement upon recommendation of governing body of institution where teacher is employed. Upon the recommendation of a majority of the members of the board or governing body having in charge any such college, school or institution, that a member of the teaching force be retired on account of mental or physical incapacity for the performance of duty, the commissioner of education may retire such person and issue to such person the certificate set forth in section ten hundred and ninety-six of this chapter, provided such person has been employed for ten years as a teacher in any college, school or institution maintained and supported by the state, or in any such institution for the instruction of the deaf and dumb and the blind and has been engaged in teaching in some college, university, school, academy or institution or in the public schools of this state or elsewhere during a period aggregating twenty years. (As amended by chapter 293 of the Laws of 1912, and chapter 614 of the Laws of 1915.)

§ 1098. Amount to be paid to such retired teacher. Every person who shall be retired under the provisions of this article shall be entitled to receive from the state one-half the salary which such person was receiving at the date of such retirement, not to exceed, however, one thousand dollars per annum. In no case shall the payment to any person retired hereunder be less than the sum of three hundred dollars. (As amended by chapter 293 of the Laws of 1912.)

§ 1099. Time and manner of payments. The payment

« AnteriorContinuar »