Yeomanette was a veteran and is entitled to any veteran relief benefits under the laws of the State of New York. 1933, Op. Atty. Gen. 480.

§ 446. Acquisition and application of property

1. Subject to the regulations of the department, the board of visitors or the duly appointed treasurer, as agent of the department, may receive, retain and expend receipts other than state appropriations, any money or other personal property given, bequeathed or entrusted to such board of visitors or such duly appointed treasurer, for the purposes for which it is given or bequeathed to the home or entrusted for safe keeping or, if unaccompanied by conditions or limitations, for any of the purposes of the home or for the convenience of the inmates thereof.

2. Any money or other personal property which has been entrusted to the board of vistors or the duly appointed treasurer for safe keeping by any inmates who have been deceased for a period of ten years or more and which still remains unclaimed in the hands of the board of vistors or the treasurer, may be used by the board of visitors, subject to the approval of the board, for any purpose for the improvement or betterment of the institution or the inmates.

3. Before any such money or personal property may be taken over or used by the board of visitors, suitable notice shall be mailed by registered mail with return receipt requested to the last known address of the nearest known relative of the deceased inmate and such notice shall be published at least once each week for two consecutive weeks in a newspaper of general circulation in Chenango county and such notice shall also be published in two successive editions of the New York State Bulletin. Six months after the date of the notice or the last publication thereof, if no claim has been made therefor, the board of visitors may use the said money or personal property as hereinbefore set forth. L. 1940, c. 619, § 4, eff. March 1, 1941.

HISTORICAL NOTE

Section was derived from State Charities Law. § 253 as amended by L. 1932, c. 418; L. 1936, c. 377. Said section 253 was formerly 258, as added by L. 1918, c. 86 and renumbered and amended by L. 1828, c. 859, § 17.

VETERANS HOMES, CONSOLIDATED LAWS OF NEW YORK ANNOTATED (MCKINNEYS), 1956 POCKET SUPPLEMENT, §§ 444-446

TITLE 3

NEW YORK STATE WOMAN'S RELIEF CORPS HOME

§ 444. Board of visitors; special provision

One member of the board of visitors of such home shall be appointed from the members of each of the following patriotic organizations, provided that the organization has at least ten members available for appointment and capable of performing the duties of the office: the grand army of the republic, department of New York; the woman's relief corps auxiliary to the grand army of the republic, department of New York; the united Spanish war veterans, department of New York; the woman's auxiliary, united Spanish war veterans, department of New York; an organization of veterans of world war one, department or division of New York; and a woman's auxiliary of an organization of veterans of worlid war one, department or division of New York; and in the event that any such organization shall have less than ten members available and qualified, then and in that event only, appointment of one member shall be made by appointing a second member of one of the foregoing organizations. Appointments shall be so made that there will be at all times four women and three men members of such board. As amended L.1944, c. 420, § 1; L.1947, c. 675, eff. April 5, 1947.

L. 1944, c. 420, § 1, eff. March 29, 1944, in sentence beginning "One member" substituted "One member" for "A majority of the members" and inserted "each of the *** the office", "department of New York" in two instances, and included world war one veterans' and woman's auxiliary organizations.

*

L. 1947, c. 675, eff. April 5, 1947, added "and in the event * * foregoing organizations", to sentence beginning "One member".

$445. Admission to home

*

*

*

8. Preference of admission shall be given first: to veterans of the civil war, their wives and widows, second: to veterans of the Spanish-American war, their wives and widows and third: to veterans of the world war as defined in paragraph (c) of subdivision one of this title, their wives and widows. As amended L.1944, c. 420, § 2, eff. March 29, 1944.

Subd. 8 amended by L. 1944, c. 420, § 2, eff. March 29, 1944. L. 1944 added "and third * ** and widows".

Persons entitled to admission
Wives, 4

4.

Wives

SUPPLEMENTARY INDEX TO NOTES

The wife of a living veteran is ineligible for admission unless accompanied by her husband. 1946. Op. Atty. Gen. 190.

§ 446. Acquisition and application of property

Similar provisions

Subds. 2 and 3 were repealed by L. 1943, c. 698, § 7, eff. June 1, 1944. appear in the Abandoned Property Law, § 1304 and State Finance Law, § 128.

VETERANS HOMES, NORTH DAKOTA LAWS, 1942, CH. 235

CHAPTER 235

House Bill No. 98

(Johnson of Cass)

QUALIFICATIONS, ETC., COMMANDANT OF SOLDIERS HOME

AN ACT To amend and reenact section 37-1507 of the North Dakota Revised Code of 1943, relating to commandant of the soldiers' home.

Be it Enacted by the Legislative Assembly of the State of North Dakota: SECTION 1. AMENDMENT.) Section 37-1507 of the North Dakota Revised Code of 1943 is hereby amended and reenacted to read as follows:

37-1507. COMMANDANT OF SOLDIERS' HOME: APPOINTMENT; QUALIFICATIONS; SALARY SERVES AT PLEASURE OF BOARD.) The board of trustees of the soldiers' home shall appoint as commandant of the home a person who holds an honorable discharge from the military or naval service of the United States of America and who served in the Spanish American War, World War I or World War II. The commandant shall serve at the pleasure of the board. He shall receive such salary as is provided in legislative appropriation from time to time. He shall act as secretary of the board.

Approved February 11, 1949.

VETERANS HOMES, NORTH DAKOTA CODE, 1943, §§ 37-1501 to 37-1519

37-1503

37-1504

37-1505

37-1506

Soldiers' home: where maintained.

Object of soldiers' home.

Government of soldiers' home: appointment of board of trustees; qualifications; terms of office.

Oath and bond of trustees; regulations governing.

Meetings of board of trustees; selection of chairman and treasurer; general powers.

Compensation of members of board of trustees of the soldiers' home.

37-1507 Commandant of soldiers' home: appointment; qualifications; salary; serves at pleasure of board.

37-1508

Subordinate officers

appointment; qualifications; compensation; removal. 37-1509 Majority of board of trustees to approve contracts; proceedings of board to be recorded; inspection of books.

37-1510 37-1511 37-1512

37-1513

Admittance to soldiers' home; regulations governing.

Lands granted for support of soldiers' home and proceeds therefrom.

Federal aid accepted for soldiers' home; rules and regulations governing home submitted to whom.

State auditor to receive and deposit federal aid money with state treasurer; disbursement of money.

37-1514 Moneys for the maintenance of the soldiers' home to be deposited with state treasurer: funds maintained.

37-1515 37-1516 37-1517 37-1518

Disbursement of moneys derived for the support and maintenance of soldiers' home.

Unclaimed estates of deceased inmates of small value; disposition of.

Estates of inmates valued in excess of one hundred dollars; no will; commandant to administer.

Commandant as administrator; bond not required; fees; allowance of fees by county court.

37-1519 Reports of board of trustees to governor and legislative assembly.

37-1501. Soldiers' Home: Where Maintained.-A soldiers' home shall be maintained at the city of Lisbon in the county of Ransom.

Source: R. C. 1895, s. 1009; R. C. 1899, s. 1009; R. C. 1905, s. 1209; C. L. 1913, s. 1775.

37-1502. Object of Soldiers' Home. The object of the soldiers' home shall be to provide a home and subsistence for:

1. All honorably discharged soldiers, sailors, and marines who have served in the army, navy, or marine corps of the United States and who are disabled by disease, wounds, old age, or otherwise; and

2. The wives and widows of the soldiers, sailors, and marines mentioned in subsection 1 of this section.

Source: R. C. 1895, s. 1010; R. C. 1899, s. 1010; R. C. 1905, s. 1210; C. L. 1913, s. 1776. 37-1503. Government of Soldiers' Home: Appointment of Board of Trustees; Qualifications; Terms of Office. The general supervision and government of the soldiers' home shall be vested in a board of five members known as the "board of trustees of the soldiers' home." The members of such board shall be appointed by the governor with the advice and consent of the senate. Each member shall be a citizen of the United States of America and a resident of this state. Upon and from the termination of the term of office of any present member of such board, his successor shall be appointed for a period of five years, and appointments hereafter made to such board shall be made so that at as early a date as possible such board shall consist of two members who shall have served in the SpanishAmerican War, two who shall have served in the first World War, and one who shall have served in the second World War.

Source: R. C. 1895, s. 1013, am'd. S. L. 1897, c. 132, s. 1; R. C. 1899, s. 1013; R. C. 1905, s. 1213, am'd. S. L. 1911, c. 278, s. 1; C. L. 1913, s. 1779, am'd. S. L. 1915, c. 239, s. 1; 1925 Supp., s. 1779, am'd. S. L. 1933, c. 200, s. 1, am'd. S. L. 1943, c. 248, s. 1.

37-1504. Oath and Bond of Trustees: Regulations Governing. Before entering upon the duties of his office, each member of the board of trustees shall take and subscribe the oath required of civil officers and shall execute a bond to the state in the sum of three thousand dollars with sufficient surety. Such bond shall be conditioned for the faithful performance by the member of his duties and the honest and faithful disbursement of, and acounting for, all moneys which may come into his hands under the provisions of this chapter. The bond and oath shall be filed in the office of the secretary of state.

Source: R. C. 1895, s. 1014; R. C. 1899, s. 1014; R. C. 1905, s. 1214; C. L. 1913, s. 1780. 37-1505. Meetings of Board of Trustees; Selection of Chairman and Treasurer; General Powers.-The board of trustees of the soldiers' home shall meet annually on the first Tuesday in June, and at such meeting the board shall elect a chairman from among its number and a treasurer of the soldiers' home. Before entering upon the performance of his duties, the treasurer shall take the oath of office required of civil officers and shall be bonded in the state bonding fund in the amount of five thousand dollars. The premium on such bond shall be paid out of moneys appropriated for the maintenance of the soldiers' home, and the certificate showing the bonding of such officer shall be filed in the office of the state auditor. The board shall hold four regular meetings in each year and may adopt a seal and make rules and regulations not inconsistent with the constitution of the United States nor of this state for the management and government of the home, including such rules as the board shall deem necessary for the preservation or order, the enforcing of discipline, and the preservation of the health of the inmates of the home.

Source: R. C. 1895, s. 1015, am'd. S. L. 1897, c. 132, s. 1; R. C. 1899, s. 1015, am'd. S. L. 1901, c. 37, s. 1; R. C. 1905, s. 1215; C. L. 1913, s. 1781.

37-1506. Compensation of Members of Board of Trustees of the Soldiers' Home. Each member of the board of trustees of the soldiers' home shall receive five dollars for each day in which he is engaged in the performance of his duties under the provisions of this chapter and his necessary expenses in connection therewith. No member of the board, however, shall receive compensation for more than twenty days in any one year.

Source: R. C. 1895, s. 1013, am'd. S. L. 1897, c. 132, s. 1; R. C. 1899, s. 1013; R. C. 1905, s. 1213, am'd. S. L. 1911, c. 278, s. 1; C. L. 1913, s. 1779, am'd. S. L. 1915, c. 239, s. 1; 1925 Supp., s. 1779, am'd S. L. 1933 c. 200, s. 1, am'd. S. L. 1943, c. 248, s. 1.

37-1507. Commandant of Soldiers' Home: Appointment; Qualifications; Salary; Serves at Pleasure of Board. The board of trustees of the soldiers' home shall appoint as commandant of the home a person who holds an honorable discharge from the military or naval service of the United States of America and who served in the Spanish American War or the first World War. The commandant shall serve at the pleasure of the board. He shall receive such salary, not ex

ceeding twelve hundred dollar per annum, as is provided in legislative appropriations from time to time. He shall act as secretary of the board.

Source: R. C. 1895, s. 1016; R. C. 1899, s. 1016; R. C. 1905, s. 1216; C. L. 1913, s. 1782, am'd. S. L. 1923, c. 245, s. 1; 1925 Supp., s. 1782. R. C. 1895, s. 1015, am'd. S. L. 1897, c. 132, s. 1; R. C. 1899, s. 1015, am'd. S. L. 1901, c. 37, s. 1; R. C. 1905, s. 1215; C. L. 1913, s. 1781, am'd. S. L. 1943, c. 247, s. 1.

37-1508. Subordinate Officers: Appointment; Qualifications; Compensation; Removal.-The commandant of the soldiers' home shall appoint all necessary subordinate officers of the home subject to the approval of the board of trustees. Each subordinate officer shall hold an honorable discharge from the military or naval service of the United States of America or shall be the wife or widow of an honorably discharged member of the United States army, navy, or marine corps. The compensation of all subordinate officers shall be fixed by the board, and any such officer may be removed by the commandant for inefficiency or misconduct. In the case of any such removal, however, the commandant shall make a detailed statement thereof to the board, and the board may reinstate the person removed.

Source: R. C. 1895, s. 1016; R. C. 1899, s. 1016; R. C. 1905, s. 1216; C. L. 1913, s. 1782, am'd. S. L. 1923, c. 245, s. 1; 1925 Supp., s. 1782, am'd. S. L. 1043, c. 247, s. 1. 37-1509. Majority of Board of Trustees to Approve Contracts; Proceedings of Board To Be Recorded; Inspection of Books. Every contract to be performed by the board of trustees shall receive the approval of a majority of the members of such board in regular session in order to be valid. All proceedings of the board shall be recorded, and the book of minutes shall be open to the inspection of any person on request.

Source: R. C. 1895, s. 1018; R. C. 1899, s. 1018; R. C. 1905, s. 1218; C. L. 1913, s. 1784.

37-1510. Admittance to Soldiers' Home; Regulations Governing. No applicant shall be admitted to the soldiers' home unless he has been a resident of this state for at least one year next preceding his application for admission thereto or has served in a North Dakota regiment or was accredited to this state.

Source: R. C. 1895, s. 1011; R. C. 1899, s. 1011; R. C. 1905, s. 1211; C. L. 1913, s. 1777.

37-1511. Lands Granted for Support of Soldiers' Home and Proceeds Therefrom. All lands granted by the United States or by this state for the soldiers' home are set apart for the support of the home. The proceeds from the sales of such lands are pledged as a perpetual fund for the use and benefit of the home. Source: R. C. 1895, s. 1012; R. C. 1899, s. 1012; R. C. 1905, s. 1212; C. L. 1913, s. 1778.

37-1512. Federal Aid Accepted for Soldiers' Home; Rules and Regulations Governing Home Submitted to Whom.-The state accepts the conditions imposed by an act of congress, entitled "An act to provide aid to state or territorial homes for the support of disabled soldiers and soilors in the United States, approved August 27, 1888.", and the various amendments thereto. The governor shall send to the president of the board of managers of the national home for disabled volunteer soldiers a copy of all laws relating to the regulation and maintenance of the soldiers' home and of all printed regulations relating to the management thereof which are enacted or adopted from time to time.

Source: R. C. 1895, s. 1019; R. C. 1899, s. 1019; R. C. 1905, s. 1219; C. L. 1913, s. 1785.

37-1513. State Auditor to Receive and Deposit Federal Aid Money With State Treasurer; Disbursement of Money.-The state auditor shall receive and receipt for all money which may become payable to this state by reason of the acceptance of the acts of congress as provided in section 37-1512. He shall deposit such money with the state treasurer for the use and benefit of the soldiers' home, and it shall be disbursed and accounted for in the same manner as other money appropriated out of the state treasury for such home.

Source: R. C. 1895, s. 1020; R. C. 1899, s. 1020; R. C. 1905, s. 1220; C. L. 1913, s. 1786.

37-1514. Moneys for the Maintenance of the Soldiers' Home To Be Deposited With State Treasurer; Funds Maintained.-All moneys received from any source for the maintenance of the soldiers' home shall be deposited with the state treasurer. Moneys arising from the interest received on money derived from

the sale of lands appropriated for the support of the home and from the rental of such lands shall be placed in a fund designated as the "interest and income fund, soldiers' home", moneys received from the United States for the support and maintenance of the home shall be placed in a fund designated as the "United States aid fund, soldiers' home", and moneys arising through appropriations made by the legislative assembly from time to time for the support and maintenance of the home or from any other source shall be placed in a fund designated as the "soldiers' home fund."

Source: R. C. 1895, s. 1017; R. C. 1899, s. 1017; R. C. 1905, s. 1217, am'd. S. L. 1913, c. 272, s. 1; C. L. 1913, s. 1783.

37-1515. Disbursement of Moneys Derived for the Support and Maintenance of Soldiers' Home.-One-fourth of the amount appropriated by the legislative assemly from the general fund of this state, from the interest and income fund, soldiers' home, and from the United States aid fund, soldiers' home. for the support and maintenance of the home during the biennium commencing on July first in each odd numbered year, shall be paid to the treasurer of the soldiers' home, if he shall have qualified as required by the provisions of this chapter, on the first day of the biennium, and one-fourth of the appropriation shall be paid each six months thereafter during the biennium. At the end of each semiannual period the commandant of the home shall make a report to the state auditor, duly certified under oath, showing the amount of money received at the beginning of such semiannual period and the amount thereof remaining unexpended and the amount of money which will be required for the maintenance of the home during the next succeeding six months, and if it shall appear from such report and estimate that the full amount of money appropriated for the next succeeding six months exceeds the amount of the estimate for such period, the amount paid for such period shall be reduced to the amount of the estimate. Such money shall be disbursed subject to the order of the board of trustees and used exclusively for the benefit of the home. The cost of insurance on the buildings and of furniture and equipment for the home shall be paid from the soldiers' home fund.

Source: R. C. 1895, s. 1017; R. C. 1899, s. 1017; R. C. 1905, s. 1217, am'd. S. L. 1913, c. 272, s. 1; C. L. 1913, s. 1783. S. L. 1905, c. 164, ss. 1, 2; R. C. 1905, s. 1221; C. L. 1913, s. 1787. S. L. 1941, c. 64, ss. 1, 3.

37-1516. Unclaimed Estates of Deceased Inmates of Small Value; Disposition of. If an inmate of the soldiers' home shall die leaving property of the value of one hundred dollars or less, the commandanť immediately shall take charge of such property. If within one year of the date of the death of such inmate no valid claim of any heir or legatee is made for the property and no application is made for letters of administration, the commandant shall convert the property into cash without probate or other proceedings and shall deposit the cash with the state treasurer who shall credit it to the soldiers' home fund. The commandant shall make a report of his action to the board of trustees, which report shall be audited by, and spread upon the records of, the board.

Source S. L. 1905, c. 163, s. 1; R. C. 1905, s. 1222; C. L. 1913, s. 1788. 37-1517. Estate of Inmates Valued in Excess of One Hundred Dollars; No Will; Commandant to Administer.-If an inmate of the soldiers' home shall die leaving property in excess of one hundred dollars in value not disposed of by will, the commandant shall be entitled to letters of administration upon such estate. He shall make application to the proper court for letters of administration, quality as administrator, and distribute and dispose of such estate as is provided by this code. If no valid claim shall be made to such estate by the heirs or the next of kin of the deceased inmate for a period of one year after the granting of letters of administration, the residue of the estate shall revert to this state for the benefit of the soldiers' home.

Source: S. L. 1905, c. 163, s. 2; R. C. 1905, s. 1223; C. L. 1913, s. 1789.

37-1518. Commandant as Administrator; Bond Not Required; Fees; Allowance of Fees by County Court.-Upon becoming administrator of any estate as provided in section 37-1517, the commandant shall not be required to give the bond required of administrators generally, and he shall not be entitled to charge or receive any compensation for his services as such administrator. The county court of the county where the administration proceedings are had shall not make nor allow any charge or fee in connection with the administration proceedings other than the actual disbursements of the administrator.

Source: S. L. 1905, c. 163, s. 3; R. C. 1905, s. 1224; C. L. 1913, s. 1790.