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[L. 1887, ch. 706, §§ 3 and 5, as amended by

L. 1888, ch. 261; R. S., 8th ed., p. 2136,

with the following changes:

Post must furnish an undertaking. Under the former law the auditing board might, in their discretion, require an undertaking. Section also prescribes the officers who shall approve of the undertaking.]

§ 82. Poor or indigent soldiers, et cetera, without families. Poor or indigent soldiers, sailors or marines provided for in this article, who are not insane, and who have no families or friends with whom they may be domiciled, may be sent to a soldiers' home. Any poor or indigent soldier, sailor or marine provided for in this chapter, or any member of the family of any living or deceased soldier, sailor or marine, who may be insane, shall, upon recommendation of the commander and relief committee of such post of the Grand Army of the Republic, within the jurisdiction of which the case may occur, be sent to the proper state hospital for the insane.

[L. 1887, ch. 706, last two sentences of § 5; R. S., 8th ed., p. 2137,

without substantial change.]

The board of

§ 83. Burial of soldiers, sailors or marines. supervisors in each of the counties shall designate some proper person or authority, other than that designated for the care of poor persons, or the custody of criminals, who shall cause to be interred, the body of any honorably discharged soldier, sailor or marine, who served in the army or navy of the United States during the late war of the rebellion, or in the last war with Mexico, who shall hereafter die without leaving means sufficient to defray his funeral expenses, but such expenses shall in no case exceed thirty-five dollars. If the deceased has relatives or friends who desire to conduct the burial, but are unable or unwilling to pay the charges therefor, such sum shall be paid by the county treasurer upon due proof of the claim, and of the death and burial of

the soldier, sailor or marine to the person so conducting such burial. Such interment shall not be made in a cemetery or cemetery plot used exclusively for the burial of poor persons deceased. [L. 1881, ch. 203, § 1, as amended by

L. 1885, ch. 34, superseding

L. 1883, ch. 247, § 1; R. S., 8th ed., p. 2134,

and the first sentence of § 2 of L. 1881, ch. 203,

as amended by L, 1895, ch. 783, superseding

L. 1887, ch. 216, L. 1884, ch. 319, and L. 1883, ch. 247, § 2; R. S. 8th ed., p. 2134,

with the following changes:

In line eight the words "last war with Mexico

are substituted

for the words "or in the war with Mexico in the years eighteen hundred and forty-six, eighteen hundred and forty-seven, and eighteen hundred and forty-eight."

The last sentence of the section is taken from § 2 of L. 1881, ch. 203, as amended by L. 1895, ch. 783, and is without change of substance.]

§ 84. Headstones to be provided. The grave of any such deceased soldier, sailor or marine shall be marked by a headstone containing the name of the deceased, and, if possible, the organization to which he belonged, or in which he served; such headstone shall cost not more than fifteen dollars, and shall be of such design and material as shall be approved by the board of supervisors, and the expense of such burial and headstone as provided for in this article, shall be a charge upon, and shall be paid by the county in which the said soldier, sailor or marine shall have died; and the board of supervisors of such county is hereby authorized and directed to audit the account and pay the expense of such burial in the same manner as other accounts against said county are audited and paid; provided, however, that in case such deceased soldier, sailor or marine shall be at the time of his death an inmate of any state institution, including state hospitals and soldiers' homes, or any institution supported by the state and supported at public expense therein, the expense of such burials

and headstones shall be a charge upon the county of his legal residence.

[L. 1881, ch. 203, § 2, as amended by

L. 1895, ch. 783, superseding

L. 1887, ch. 216, L. 1884, ch. 319, and L. 1883, ch. 247, § 2;

R. S., 8th ed., p. 2134,

without change of substance.]

ARTICLE VI.

State Poor.

Section 90. Who are state poor, and how relieved.

91. Notice to be given to county clerks of location of state alms-house.

92. State poor to be conveyed to state alms-houses. 93. Punishment for leaving alms-house.

94. Expenses for support.

95. Duties of keeper; superintendent of state and alien

poor to keep record of names.

96. Visitation of alms-houses.

97. Insane poor.

98. Care of and binding out of state poor children.

99. Transfer to other states or countries. 100. Power of superintendent of state and alien poor. 101. Indian poor persons; removal to county alms-houses. 102. Contracts for support of Indian poor persons. 103. Expenses for support of Indian poor persons. 104. Duty of keepers; superintendent of state and alien poor to keep record.

§ 90. Who are state poor, and how relieved.— Any poor person who shall not have resided sixty days in any county in this state within one year preceding the time of an application by him for aid to any superintendent or overseer of the poor, or other officer charged with the support and relief of poor persons, shall be deemed to be a state poor person, and shall be maintained as in this article provided. The state board of charities shall, from

time to time, on behalf of the state, contract for such time, and on such terms as it may deem proper, with the authorities of not more than fifteen counties or cities of this state, for the reception and support, in the alms-houses of such counties or cities respectively, of such poor persons as may be committed thereto. Such board may establish rules and regulations for the discipline, employment, treatment and care of such poor persons, and for their discharge. Every such contract shall be in writing, and filed in the office of such board. Such alms-houses, while used for the purposes of this article, shall be appropriately designated by such board and known as state alms-houses. Such board may, from time to time, direct the transfer of any such poor person from one alms-house to another, and may give notice from time to time to counties, to which alms-houses they shall send poor persons.

[L. 1873, ch. 661, § 1, 2, as amended by

L. 1874, ch. 464; R. S., 8th ed., p. 2142,

The words" 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" are omitted and subject to the limitation of this section. The general definition of a poor person as prescribed by section two of this chapter is to govern in determining who are poor persons.]

§ 91. Notice to be given to county clerks of location of state alms-houses. Such board shall give notice to the county clerks of the several counties of the location of each of such alms-houses, who thereupon shall cause such notice to be duly promulgated to the superintendents and overseers of the poor, and other officers charged with the support and relief of poor persons in their respective counties. A circular from the superintendent of state and alien poor appointed by such board shall accompany such notice, giving all necessary information respecting the commit. ment, support and care of the state poor in such alms-houses, according to the provisions of this article.

[L. 1873, ch. 661, § 3; R. S., 8th ed., p. 2143,

re-enacted with the following change:

The state board of charities has had for several years an appointee known as the superintendent of state and alien poor. This new officer exercises the powers in regard to state poor that were formerly possessed by the secretary of such board. It was thought proper that the practice established by this department should be incorporated in this revision, and thus give statutory recognition to such office. To accomplish this result sections 91, 92, 95, 96, 97, 98, 99, 100 and 104 are changed by inserting the words "superintendent of state and alien poor" in the place of the words "the secretary of the state board of charities."]

§ 92. State poor to be conveyed to state alms-houses.- County superintendents of the poor, or officers exercising like powers, on satisfactory proof being made that the person so applying for relief as a state poor person, as defined by this chapter, is such poor person, shall, by a warrant issued to any proper person or officer, cause such person, if not a child under sixteen years of age, to be conveyed to the nearest state alms-house, where he shall be maintained until duly discharged, but a child under two years of age may be sent with its mother, who is a state poor person, to such state alms-house, but not longer than until it is two years of age. All testimony taken in any such proceeding shall be forwarded, within five days thereafter, to the superintendent of state and alien poor, and a verified statement of the expenses incurred by the person in making such removal, shall be sent to such superintendent. Such board shall examine and audit the same, and allow the whole, or such parts thereof, as have been actually and necessarily incurred; provided that no allowance shall be made to any person for his time or service in making such removal. All such accounts for expense, when so audited and allowed, shall be paid by the state treasurer, on the warrant of the comptroller, to the person incurring the same.

[L. 1873, ch. 661, § 4, as amended by
L. 1875, ch. 308; R. S., 8th ed., p. 2143,
with the following changes:

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