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said New York State College of Home Economics. Such moneys as may be appropriated to be paid to the Cornell University by the state in any year to be expended by said university in the administration of said college of home economics shall be payable to the comptroller of Cornell University in three equal payments, to be made on the first day of July, the first day of November, and the first day of March, and within sixty days after the expiration of the period for which each installment is received the said university shall furnish the comptroller of the state vouchers approved by the commissioner of education for the expenditures of such installment. The said university shall expend such moneys and use such property of the state in administering said college of home economics as above provided, and shall report to the commissioner of education in each year, on or before the first day of December, a detailed statement of such expenditures and of the general operations of said college of home economics for the year ending the thirtieth day of June then next preceding. Fees and charges in said college of home economics shall be fixed by Cornell University, and the moneys received from these sources and from the sales of products shall be credited to a separate fund and shall be used for the expenses of said college of home economics in such ways as the trustees of said university may determine.

§ 2. This act shall take effect immediately.

CHAPTER 44

AN ACT to amend the domestic relations law, in relation to a general guardian superseding a guardian in socage.

Became a law February 24, 1925, with the approval of the Governor. Passed, three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

ch. 19,

8 80

Section 1. Section eighty of chapter nineteen of the laws of L. 1909, nineteen hundred and nine, entitled "An act relating to the domestic relations, constituting chapter fourteen of the consolidated amended. laws," as last amended by chapter four hundred and thirty-nine of the laws of nineteen hundred and twenty-four, is hereby amended to read as follows:

§ 80. Guardians in socage. Where a minor for whom a general guardian of the property has not been appointed shall acquire real property, the guardianship of his property with the rights, powers and duties of a guardian in socage belongs: (1) to the parents jointly, or, if they be separated, or divorced, to the parent who has been given the custody of the minor by a decree of court, or in the absence of such a decree, to the parent having the actual custody of the minor; (2) if one of the parents be dead, to the sole surviving parent; (3) if there be no father or mother, to the nearest and eldest relative of full age, not under any legal incapacity.

L. 1914, ch. 369, § 13 amended.

The rights and authority of every such guardian shall be superseded by a testamentary or other guardian appointed in pursuance of this article 1or in pursuance of article ten of the surrogates court act.

§ 2. This act shall take effect immediately.

CHAPTER 45

AN ACT to amend the banking law, in relation to bonds and undertakings of deputies, clerks, examiners, special agents and other employees. Became a law February 24, 1925, with the approval of the Governor. Passed, three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Section thirteen of chapter three hundred and sixtynine of the laws of nineteen hundred and fourteen, entitled "An act in relation to banking corporations, and individuals, partnerships, unincorporated associations and corporations under the supervision of the banking department, constituting chapter two of the consolidated laws," as amended by chapter five hundred and eighty-eight of the laws of nineteen hundred and fifteen, is hereby amended to read as follows:

§ 13. Deputies, clerks, examiners, special agents and other employees; appointment; compensation; oath of office; bonds and undertakings.2 The superintendent may appoint a first, a second, a third, and a fourth deputy, and shall employ from time to time such clerks, examiners, special agents and other employees as he may need to discharge in a proper manner the duties imposed upon him by law. They shall perform such duties as the superintendent shall assign to them and their compensation shall be fixed by him and paid monthly. Every deputy shall, within fifteen days after notice of his appointment, take and subscribe the constitutional oath of office, and file the same in the office of the secretary of state. Every examiner shall, before entering upon his duties as such examiner, take and subscribe the constitutional oath of office and file the same in the office of the clerk of the county where he resides.

3The superintendent may require from deputies, examiners, special deputies, agents and other employees such bonds and undertakings as he may deem necessary, and premiums charged by corporations approved by him as surety upon such bonds and undertakings shall be a legal charge against and be paid out of the funds appropriated to the department and in turn assessed as a general expense against the corporations, bankers and brokers under supervision.

§ 2. This act shall take effect immediately.

1 Remainder of sentence new.

2 Words "bonds and undertakings new.

3 Following paragraph new.

CHAPTER 46

AN ACT to amend chapter twenty-nine of the laws of nineteen hundred and two, entitled "An act to make the office of sheriff of Franklin county a salaried office, in part, and to regulate the management thereof," generally. Became a law February 25, 1925, with the approval of the Governor. Passed, three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

ch. 29

Section 1. Chapter twenty-nine of the laws of nineteen hundred L. 1902, and two, entitled "An act to make the office of sheriff of Franklin amended. county a salaried office, in part, and to regulate the management thereof," as amended by chapter twelve of the laws of nineteen hundred and seven, chapter three hundred seventeen of the laws of nineteen hundred eight, chapter six hundred eighty-nine of the laws of nineteen hundred ten, chapter one hundred fifty-six of the laws of nineteen hundred eighteen, chapter twenty-four of the laws of nineteen hundred and twenty-two and chapter four hundred nine of the laws of nineteen hundred twenty-three, is hereby amended to read as follows:1

salary and

§ 1. The sheriff of the county of Franklin shall receive as com- Annual pensation for all services hereinafter enumerated, an annual salary mainteto be fixed, or which shall have been fixed, by the board of super- nance. visors of such county, and in addition maintenance for himself and family. Such salary shall not be increased or diminished during his term of office.

mainte

other com

§ 2. Such salary and maintenance shall constitute the whole com- Salary and pensation which shall be allowed or paid to or received by said nance to be sheriff for all the official services which may be performed as sheriff in lieu of in his attendance upon any and all courts of record held in the pensation; county of Franklin, and for all services performed by him under exception. this act or for the United States of America, the state of New York, or the county of Franklin, or chargeable thereto or which he is or shall be required or authorized by law to perform by virtue of his office as such sheriff; and no compensation, payment or allowance shall be made to him or received by him for his own use for any such services except the aforesaid maintenance and salary and the fees specified in section ten of this act.

to belong

§ 3. All fees, emoluments and perquisites which such sheriff Fees, etc., shall charge or receive, or which he is entitled to receive as a peace to county. officer, or which he shall legally be authorized, required or entitled to charge or receive for conveying prisoners to state or other institutions, and for all other services for the United States of America, the state of New York, or the county of Franklin, for which fees are paid, including the moneys he may receive for the board, custody or care of United States or other prisoners, shall belong to the county of Franklin; and it shall be the duty of said sheriff Sheriff to to exact, collect and receive for said county the full amount county. allowed by law of all such moneys, fees, emoluments and perqui

1 Act amended generalls.

collect for

Exception. sites. This section shall apply to Chinese persons committed to his custody under the Chinese exclusion act.

Sheriff to keep books

§ 4. Such sheriff shall keep in his office in a proper book or books of account. to be provided for that purpose an exact and true account of all the official services performed by him as sheriff, and of all fees and moneys, perquisites and emoluments received or chargeable by him therefor pursuant to law; such book or books shall show when and for whom every such service shall have been performed, its nature, the fees chargeable therefor, and at all times, during office hours, shall be open to the inspection of every person.

Sheriff

transmit

statement

and moneys to county treasurer.

§ 5. Such sheriff shall transmit to the treasurer of said county monthly to within the first five days of each month a statement, duly verified, of all moneys received by him for fees, perquisites and emoluments for all services rendered by him in his official capacity as herein provided; the verification of such statement shall be by affidavit of said sheriff, that said statement is in all respects full and true as herein required and shall be positive and not on information and belief, and at the same time said sheriff shall pay over to the treasurer of the county of Franklin, for the benefit of said county, the whole amount of the moneys so received by him since making the last preceding report.

Undertak

ing of sheriff.

Duties.

Annual

Liability for property.

§ 6. Every such sheriff, before entering upon the duties of his office, shall execute to the county of Franklin, and file with the treasurer of said county, an undertaking to said county, in addition to any other required by law, in the sum of five thousand dollars, with two sufficient sureties, to be approved by the county judge of Franklin county, to the effect that he will faithfully perform the duties of his office, and pay over to the treasurer of said county, as herein provided, all moneys which shall come into his hands as herein provided.

§ 7. It shall be the duty of such sheriff to keep and properly care for the jail and court house of said county; preserve all property belonging thereto and situate therein, and he shall be responsible for the custody, maintenance and control of all prisoners and persons detained in said jail. During the first week of January of inventory. each year the county auditor, or in case there be no county auditor then a committee appointed by the board of supervisors, shall take an inventory of all the property of every kind and nature belonging to the county in the possession of the sheriff, and the said sheriff shall be chargeable therewith, and at the end of each year the said sheriff shall account for all the property in the last inventory contained or purchased since the last inventory was taken, and he shall be liable to pay to the county of Franklin, the value of any property which shall be missing and not accounted for, at such time and in such manner as the said county auditor or Janitor for the said committee shall direct. The board of supervisors may court house provide a janitor for the court house and county clerk's office and for attending to the heating of the same, fix his salary and prescribe his other duties.

and county

clerk's office.

Duty of county

auditor

§ 8-a. The county auditor, authorized to act as purchasing agent, so far as practicable, subject to the supervision, control, approval * So in original. [Evidently should be 8.(a)]

etc.

and direction of the board of supervisors, shall purchase and pro- relative to vide all furniture, implements, material, food and supplies of what-supplies, ever nature for the custody, care and maintenance of the sheriff and his family, under sheriff, matron, cook and prisoners and persons connected with and detained in said jail, and the cost of the same, together with any actual and necessary expenses in providing the same, shall be a county charge, and subject to the same control and direction of the board of supervisors, said county auditor and purchasing agent shall have general supervision of the heating and lighting of the detention house, county clerk's office, court house, jail, armory and other county buildings, and all purchasing and furnishing of materials and supplies therefor, and the offices therein maintained, which are a county charge, of making all neecssary* extraordinary or emergency repairs, to said buildings while the board of supervisors shall be out of session, and shall receive bids therefor in case they should deem such course necessary and for the economy of the county; and he shall also, subject to the same control and direction, have general supervision of the expenditures of all special appropriations made by the board of supervisors, unless otherwise directed by the board; and shall purchase all materials and supplies for the supervisors and agents and officers of such county which are county charges, including tax assessment rolls, tax collector's receipts, the proceedings of the board of supervisors when published in pamphlet form, and all other printing necessary to be done for the county, and shall contract for telephone service in the several county offices or otherwise, which is a county charge.

of supplies

(b) It shall be the duty of the sheriff of said county, subject to Purchase the supervision, control, approval and direction of the county for mainte auditor, who is authorized to act as a purchasing agent, to pur- nance. chase and provide, as and when designated by the county auditor, implements, material, food and supplies necessary for the care and maintenance of the sheriff and his family, the under-sheriff and other employees of the sheriff, the persons and prisoners detained within said jail, and the cost of the same and any actual and necessary expenses of the sheriff in providing the same, shall be a county charge and be audited and paid by the county.

payment

(c) All bills for materials, services and supplies referred to in Audit and subdivisions (a) and (b) of this section shall be presented, audited of bills. and paid, in accordance with the rules and regulations of the county auditor subject to the supervision, control, approval and direction of the board of supervisors of said county.

tion and

claims.

(d) The sheriff, under-sheriff, and county auditor are hereby Verificaauthorized to administer an oath to any person with reference to examinaverifying any claim herein mentioned, and the county auditor is tion of hereby authorized to issue subpoenas requiring the attendance before him of any and all persons, administer an oath to them to the effect that they shall true answers make to all questions touching the legality, merits or correctness of any bill before him * So in original. [Word misspelled.]

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