there shall be elected two superintendents of the poor for said county, and their term of office shall be determined in accordance with the provisions of section three of chapter four hundred and ninety-eight of the laws of eighteen hundred and forty-seven, but for such term that the terms of the three superintendents of the poor shall so expire that one of them shall be to be filled at each annual election thereafter. In any county where such resolution has been already adopted, there shall be elected annually thereafter, at the general election in each year, one county superintendent of the poor, who shall hold his office for three years; and, in each of the counties of this state having a county poor-house, the superintendent of the poor of such counties, or superintendents, if there be more than one, shall appoint a keeper or keepers of such county poor-house, and shall have full power, at any time, to remove any keeper and appoint another in his stead. And if the keeper of any such poor-house shall neglect or refuse to leave the same, or surrender to the superintendent or superintendents the possession of the same, when such possession is demanded, the said superintendent or superintendents shall have power and are hereby authorized to proceed against said keeper in his or their name of office, and to remove said keeper from such poor-house by summary proceedings, in the same manner as is provided by article second of chapter eight of part third of the Revised Statutes, entitled, "Summary proceedings to recover possession of land in other cases," so far as the same are applicable, except that it shall only be necessary for the superintendent to set forth in his affidavit, or prove upon the hearing the following facts, to entitle him to the warrant of removal:

1. That the party commencing the proceedings is the superintendent or superintendents of the poor of the county.

2. That the county has a county poor-house, and that the keeper is in possession of such poor-house, or living therein, and that he refuses to surrender up the possession of such poor-house, or remove from the same after the possession shall have been demanded by such superintendent of the poor.

But nothing in this act shall affect the tenure of office of any present incumbent. (Thus amended by L. 1862, chap. 298.)

Tenure of office and classification of superintendents.- § 3. In counties where only one superintendent of the poor shall be chosen, he shall hold his office for three years, but in counties where three are chosen, one of the said superintendents so elected shall hold his office for one year, one for two years, and one for three years, and the clerk of the county shall, on the first day of January after such election, determine. by lot which of said superintendents shall hold his office for one year,

B

which for two, and which for three years, and annually thereafter there shall be elected one superintendent, who shall hold his office for

three years.

Vacancies how filled. § 4. Boards of supervisors shall appoint county superintendents of the poor or county treasurers to fill vacan cies which may happen in such offices.

Laws to apply; repeal.-§ 5. All the laws now in force, not inconsistent with the provisions of this act, applicable to county superintendents of the poor and county treasurers, shall apply to the officers elected or appointed pursuant to this act, and all laws and parts of laws inconsistent with the provisions of this act, are hereby repealed. New York excepted.— § 6. None of the provisions of this act shall apply to the city and county of New York.

AN ACT to require superintendents of the poor to give bonds, Bond to be executed.- SECTION 1. Every person hereafter elected to the office of superintendent of the poor, shall, within ten days after his election, give a bond to the supervisors, with two or more sufficient sureties, to be approved by the board of supervisors, and in such sum as they shall direct, conditioned that such person shall faithfully execute the duties of his office, and shall pay according to law all moneys which shall come to his hands, as superintendent of the poor, and render a just and true account thereof to the board of supervisors. And filed.-§ 2. Such bond, with the approbation of the board of supervisors, endorsed thereon by their clerk, shall be filed in the office of the county clerk.

Qualification-§ 3. This act shall not apply to the city of New York.

(LAWS 1849, CHAPTER 116, PAGE 2127.)

Section 210 of Revision.

When to enter on their duties hereafter.— § 4. Superintendents of the poor hereafter to be elected at any annual election, shall enter on the duties of their office on the first day of January next after such election.

(LAWS 1850, CHAPTER 12, PAGE 2128.)

AN ACT to extend the time for county superintendents of the poor, elected in November, 1849, to take the oath of office and file their official bond.

Time of filing bond.-§ 4. Superintendents of the poor, hereafter to be elected, may have until the first day of January next after the election, to take the oath of office and file their official bond.

Penalty of bonds to be fixed by supervisor.-§ 5. It shall be the duty of the board of supervisors of the several counties to fix the penalty of the bonds of the superintendents of the poor, at their next annual session; and the sureties may be approved by the county clerk, in the recess of the board of supervisors.

(LAWS 1854, CHAPTER 188, PAGE 2128,)

Section 210 of Revision.

AN ACT in relation to county superintendents of the poor. Term of office where only one in county.-SECTION 1. In any county in this state, in which the board of supervisors is authorized by law to direct by resolution that thereafter only one county superintendent of the poor should or shall be elected in and for such county, and has so directed or may hereafter so direct, the person elected as superintendent of the poor of such county, at the election of such officer next after the passage of such resolution, shall be and is superintendent of the poor of such county, to hold his office for three years from the first day of January next after his election; and at the general election next preceding the expiration of his said term, and triennially thereafter, one superintendent of the poor shall be elected in and for such county.

Unexpired term of the others.-§ 2. In any county having more than one superintendent of the poor in office at the time of the passage of such resolution heretofore or hereafter, as specified in the preceding section, the passage of such resolution shall not be deemed to affect the then unexpired terms of such superintendents; but the place of those then having one or two years yet to serve, whenever vacated by death, resignation or expiration of their term, or otherwise, shall not be filled either by appointment or election.

(LAWS 1883, CHAPTER 111, PAGE 2650.)

Section 220 of Revision.

AN ACT to provide for the designation of justices of the peace to serve as members of courts of sessions.

Two justices to be designated.-SECTION 1. Two justices of the peace, having at least one year to serve from the first day of January succeeding their designation, shall be designated in each county in this state, except the counties of New York and Kings, to sit with the county judge in courts of sessions, during the calendar year commencing on the first day of January succeeding their designation.

Only one to be voted for by each elector.-§ 2. At every general election held on the Tuesday succeeding the first Monday of November, each

elector may place upon his ballot, indorsed "county," under the words "for sessions," the name of one justice of the peace of the county, qualified as aforesaid; and the two justices of the peace receiving the greatest number of votes shall be designated as justices of the sessions for the term aforesaid.

When presiding judge may designate justice to sit. § 3. If either or both of said justices fail to attend at the commencement of a court of sessions, or during the term, or if his office be vacant, or if he be disqualified to act in any matter pending at that time, the county judge presiding at the court must designate some other justice or justices of the peace of the county to serve, as provided by sections forty-two and forty-three of the Code of Criminal Procedure.

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