Such an allowance or allowances shall not exceed the amount or amounts which it would be necessary to pay to an institutional home for the care of such child or children. (Subd. a amended by L. 1923, ch. 733.)

b. Receive as public charges upon the county, city or town all dependent children who require and are legally entitled to public support in said county, city or town outside their own homes.

c. Receive as public charges upon the county any children committed to it by a court or magistrate of competent jurisdiction.

d. Provide for the mental or physical examination and, if required, the necessary medical or surgical care of any child who may come under the care or supervision of the board and whom the board has reason to suspect of mental or physical defect or disease, such examination to be made by physicians or and surgeons designated by the board.

e. Place children received as public charges in a home or an institution of the same religious faith as that of the child, when practicable, either directly or through a duly authorized association, agency, society or institution.

The provision herein as to the religious faith of the child shall be interpreted literally, so that in the care, custody, protection and religious welfare of the child his religious faith shall be preserved and protected by the board.

f. Ascertain the financial ability of the parents or custodians of the children who become public charges and collect toward the expense of such children's care such sum as the parent or custodian are able to pay.

g. Collect from parent or custodian whose children have been committed to the board by any court or magistrate such sums as they are ordered by such court or magistrate to pay for the maintenance of such children. The board shall also report wilful failure to comply with such order to said court or magistrate for action against such parent or custodian.

h. Upon receipt of an application for relief or an allowance immediately notify the supervisor of the town or the commissioner of charities, welfare or other like officer in the city, where the applicant for allowance or subject of relief is stated to reside.

i. Enter into contracts with duly authorized associations, agencies, societies or and institutions to receive and care for children entrusted to them by the board.

j. All the powers and duties of the superintendent of the poor and the overseers of the poor and of the commissioners of charities, welfare, and all other officers exercising like functions in relation to dependent children, are hereby vested solely in the board. As soon as the said board shall officially inform the county superintendent of the poor, the overseers of the poor, and the city commissioners of charities, welfare, and all other officers exercising like functions that it is organized and prepared to carry out its duties as herein prescribed, all such officers and departments shall thereupon deliver to said board all the records of the children under their care.

(3) General. (a) Upon public announcement by the board that it has begun to exercise the authority and duties vested in it by this article, all children then in an institution other than a publie controlled one, or and all children in a home through commitment or placement by any poor law official, court or magistrate shall, ipso facto, come under the jurisdiction of this board, and have the status of children committed by the board to such respective institution or home. And no such child or any child subject to the provisions of this article and who is in a home or an institution shall be discharged, transferred or changed therefrom by any association, agency, society or institution having to do with children in this state, whether or not such association, agency, society or institution is approved and now visited, inspected and supervised by the state board of charities, except upon notice to and order of the board.

(b) Commitment of a child other than to a public controlled institution, or the placement of a child in custody other than its parents, must be made to a duly authorized association, agency, society, institution, or in a home, or with a person, of the same religious faith as that of the child, when practicable.

This provision as to religious faith shall be interpreted literally so that in the custody, care and protection of the child, his religious faith shall be preserved and protected by the board.

An association, agency, society or institution authorized and empowered to act herein shall be "a duly authorized association, agency, society or any institution" as defined in this article.

The home in which a child is placed by the board shall be subject to visitation, inspection and supervision as the state board of charities may provide.

No person shall place or accept for placement any child except upon notice and order of the board of the county or city wherein the child is then domiciled.

No corporation, association, agency, society or institution unless duly authorized, as defined in this article, shall place or accept for placement any child, except upon notice and order of the board of the county or city wherein the child is then domiciled.

The power and authority given to corporations, associations, agencies, societies and institutions under general laws and to corporations, associations, agencies, societies and institutions in special charters shall not be abrogated or nullified, except as provided in this article.

(c) Every person, corporation, association, agency, society or institution who shall release or place out a child within or without this state shall keep and preserve a record of the full name, and the actual or apparent age of such child, the names and actual residence of its parents or lawful custodians so far as known and the name and address of the person, corporation, association, agency, society or institution with whom such child is released or placed. If such person, corporation, association, agency, society, cr institution shall subsequently remove such child from the

custody of the person, corporation, association, agency, society or institution with whom it was released or placed, the fact of such removal and the disposition made of such child shall be entered upon such record. A duplicate copy of the record in the first instance and the subsequent removal or removals of such child shall be filed within ten days therefrom, with the state board of charities. Failure to comply with this section shall be a misdemeanor.

(4) Where the mother of a child or children, who otherwise would be qualified to receive benefit under this article, is dead, a relative within the second degree of the father or mother of such child or children, meeting the requirements of residence and citizenship as contained in the article, may make application for allowance hereunder and the board, if satisfied that such person is a proper person mentally, morally and physically to care for and bring up such child or children, may grant to such person the amount which would have been allowed on account of such child or children if the mother were alive. Allowances under this subdivision shall be granted only when moneys have been specifically appropriated for such grantees by the board of supervisors of the county or the board of estimate and apportionment of the city. (Subd. added by L. 1923, ch. 730.)

§ 158. (1) Appropriations and limitations for purposes of article. The board of supervisors of a county, to which this article is applicable, shall annually appropriate and make available for the board of child welfare and include in the tax levy of such county such a sum as, in their discretion and judgment, may be needed to carry out the provisions of this article, but should the sum so appropriated be expended or become exhausted, during the year and for the purposes for which it was appropriated, by reason of extraordinary and unanticipated, emergencies or conditions, additional sums may be appropriated by such boards as occasion demands to carry out the provisions of this article, which, in counties, such additional appropriations shall be paid from funds in the county treasury, but, should there be no such funds available therefor, the county treasurer shall borrow a sufficient sum to pay such appropriations in anticipation of taxes to be collected therefor; it is further provided that no board of child welfare shall expend or contract to expend under the provisions of this article or otherwise, any public moneys not specifically appropriated as herein provided; the board of supervisors of any county may determine, as provided in section one hundred and thirtyeight of the poor law, whether or not the actual expense for the relief of widowed mothers and their children and of dependent children under this article shall be a charge upon the county or upon the respective city or and towns thereof. Each such board of child welfare shall, from time to time, audit and cause to be paid all expenses for administration and the wages and salaries of its employees from moneys appropriated for the purpose.

(2) Penalties. A person who shall procure or attempt to procure, directly or indirectly, any allowance for relief or other benefit under this article, for or on account of a person not entitled thereto, or member, officer or employee of the board, or shall knowingly or willfully pay or permit to be paid any allowance or other benefit to a person not entitled thereto, shall be guilty of a misdemeanor.

§ 159. Appeals. Any person aggrieved by any order of the board under the provisions of this article, may, within twenty days. after the date and entry of such order appeal from any order of the board to the supreme court in the county, in which the "board" is located. Such appeal may be heard by a justice at chambers or at special term.

Upon such appeal the justice shall make such order of notice to those interested as he shall deem necessary. Copies of such notices shall be served upon such persons, associations, corporations, agencies, societies or and institutions as the court may direct and upon the board of child welfare.

§ 159-a. Effect of decision as to validity of article. If any provision of this article be held unconstitutional or otherwise invalid, such holding shall be deemed in no wise to affect the validity or impair any provision of article seven-a of this chapter.

§ 2. All existing boards of child welfare including those established by special acts in the counties of Dutchess and Suffolk are hereby continued.

II. BOARD OF CHILD WELFARE; DUTCHESS COUNTY.

(L. 1917, ch. 354.)

An act to establish a board of child welfare for the county of Dutchess.

NOTE. The title only of this act is inserted. It was deemed unnecessary to encumber this volume with the detailed provisions. The board of child welfare of Dutchess county under this act is constituted practically along the same lines and with the same powers and jurisdiction as the state-wide board of child welfare provided for in the preceding excerpts from the general municipal law.

III. BOARD OF CHILD WELFARE; SUFFOLK COUNTY.

(L. 1921, ch. 696.)

An act to create the Suffolk county board of child welfare, to define its powers and duties, and to abolish the board of child welfare established in such county, under the provisions of the general municipal law.

NOTE. The text of this act is omitted for reasons stated in connection with the child welfare board of Dutchess county.

IV. MILITARY PENSIONS.

Military Law.

(L. 1909, ch. 41.)

§ 220. Pensions. Every member of the militia who shall be wounded or disabled or has been so disabled in the performance of any actual service of this state within ten years preceding the application for a pension under this chapter, in case of riots, tumults, breach of the peace, resistance to process, invasion, insurrection or imminent danger thereof, or whenever called upon in aid of the civil authorities, or while engaged in any lawfully ordered parade, drill, encampment or inspection, shall, upon proof of the fact, as hereinafter provided, be placed on the roll of invalid pensioners of the state, and shall receive, out of any moneys in the treasury of the state, not otherwise appropriated, upon the audit of the adjutant-general of the state and approval of the governor, the like pension or reward that persons under similar circumstances receive from the United States, and in case of any wound, injury or disease causing death, then the widow, minor children or dependent mother of such member of the militia shall receive such pension and award, from the time of receiving the injuries on account of which such pension or reward is allowed. No officer or enlisted man shall be entitled, while in active service, to make application for or to receive a pension. If any member of the militia shall die while in the active service of the state, his reasonable funeral expenses, not exceeding one hundred dollars, shall be paid by the state in such manner as the governor may direct. Nothing in this chapter contained shall be deemed to make applicable any of the provisions of the war, risk insurance law of the United States, and the pension or reward to be granted hereunder shall be that provided for by the pension laws of the United States, so far as the same may be applicable in substance, without regard to form. (Amended by L. 1916, ch. 469, L. 1918, ch. 402 and L. 1921, ch. 588.)