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TITLE 1. the poor, subject to such alterations as the board of supervisors may, by a general resolution, make:

Payment of such allow

ance.

To docido disputes respecting settlements.

To direct and commence

suits.

To draw on county trea

surer.

To account.

To pay over

monies.

County poorhouses.

Expense

limited.

6. To authorise the keepers of such houses or places so provided, to certify the amount due to any person for bringing such paupers; which amount shall be paid by the county treasurer, on the production of such certificate, countersigned and allowed by any two superintendents:

7. To decide any dispute that shall arise concerning the settlement of any poor person, summarily, upon a hearing of the parties; and for that purpose, to issue subpoenas to compel the attendance of witnesses, and to administer oaths to them in the same manner, with the like power to enforce such process as is given to justices of the peace in any matter cognizable by them: their decisions shall be filed in the office of the county clerk within thirty days after they are made, and shall be conclusive and final upon all parties interested:

8. To direct the commencement of suits by any overseers of the poor who shall be entitled to prosecute for any penalties, or upon any recognizances, bonds, or securities taken for the indemnity of any town or of the county; and in case of the neglect of any such overseer, to commence and conduct such suits, without the authority of such overseers, in their names:

9. To draw from time to time on the county treasurer for all necessary expenses incurred in the discharge of their duties, which drafts shall be paid by him out of the monies placed in his hands for the support of the poor:

10. To render to the board of supervisors of their county, at their annual meeting, an account of all monies received and expended by them, or under their direction, and of all their proceedings:

11. To pay over all monies remaining in their hands, within fifteen days after the expiration of their office, to the county treasurer, or to their successors.

$ 17. The board of supervisors of any county in this state, in which a county poor-house is not already erected, may, at any annual or special meeting thereof, determine to erect such house for the recep tion of the poor of their county; and upon filing such determination with the clerk of the county, they may direct the superintendents of the poor of such county to purchase one or more tracts of land not exceeding two hundred acres, and to erect thereon one or more suitable buildings for the purpose aforesaid. To defray the expenses of such purchase and buildings, the said board may raise by tax on the real and personal estate of the inhabitants of the same county, a sum not exceeding seven thousand dollars, by such instalments and at such times as they may judge expedient. The said tax shall be raised, assessed and collected in the same manner as the other county charges,

(6) Laws of 1824, p. 332.

619 and shall be paid by the county treasurer to the superintendents of the TITLE I poor of the county, to be applied in defraying the expenses aforesaid.7

dents of

houses.

$18. The superintendents of county poor-houses, that have been Superinten erected, or shall be erected pursuant to any law, shall be superinten- county poordents of the poor of their counties respectively, and shall possess all the powers and be subject to all the regulations herein before specified in relation to such superintendents.

ney, when to

county trea

$ 19. All monies which shall be received by the commissioners of Excise moexcise in any town or city, of any county in which the supervisors be paid to shall have determined to abolish the distinction between town poor surer. and county poor, shall be by them paid over to the county treasurer, within thirty days after the receipt thereof; and they shall at the same time deliver a certified copy of the resolutions of the board of excise, by which the sum to be paid for licenses by grocers, tavernkeepers or others, shall be fixed. Any commissioner of excise ne- Penalty. glecting the said duty, or any part thereof, shall forfeit fifty dollars, to be recovered by and in the name of the superintendents of the poor of the county; and shall also be liable to an action by and in the name of the county treasurer, for all monies received by them, with the interest thereon from the time the same should have been paid over. $20. All monies which shall be collected by overseers of the poor Also all other of any town in a county where the poor are all a county charge, from monies re the relatives of any poor person bound to contribute to his support; or from the sale of any personal property, or the rents and profits of the real property, of any person who shall abscond, leaving a wife or children; or received for any fines, penalties or forfeitures, which by law are directed to be applied to the support of the poor; or collected on any bond or other security that shall be given for the benefit or indemnity of any town, or of the overseers or inhabitants of such town; and all other monies which shall be received by such overseers in their official capacity, shall be by them paid over within thirty days after the receipt of the same, to the county treasurer, for the benefit of the poor; and if not so paid, the same may be recovered in an action to be brought by and in the name of the county treasurer, with interest, at the rate of ten dollars on the hundred, for a year, from the time the same should have been paid.

ceived by

Overseers.

Penalty.

termination

$21. In those counties where the supervisors shall determine to Notice of deabolish the distinction between town poor and county poor, and to of supervihave all the poor a county charge, it shall be the duty of the clerk or, c. of the board of supervisors, immediately to serve notice of such determination on the overseers of the poor of every town in the county. Within three months after the service of such notice, the overseers of the poor of every town, shall pay over all monies which shall remain

(7) Laws of 1824, p. 382; Laws of 1825, p. 3.

TITLE in their hands, after discharging all demands against them as such.

Excise mo

ney, &c. in

tics.

overseers, to the county treasurer, to be applied by him towards the future taxes of such town. In case of neglect to pay over such monies, the county treasurer may maintain an action therefor, in which he shall recover interest on the monies withheld, from the time they should have been paid over.

$ 22. In those counties in which the distinction between county other coun- poor and town poor prevails, the excise money collected in any town, and all penalties given by law to the overseers of the poor, when received, shall be applied to the use of the poor of the town in which such money and penalties shall be collected.

County

charge in

certain counties.

Poor to be a $ 23. In the counties of Warren, Washington, Saratoga, and Genesee, poor persons entitled to support as aforesaid, shall be maintained at the expense of the said counties respectively; and all costs and charges attending the examinations, conveyance, support, and necessary expenses of paupers within the said counties respectively, shall be a charge upon the said counties, without reference to the number or expense of paupers which may be sent to the poor-house of said counties, from or by any of the towns therein. The said charges and expenses shall be reported by the superintendents of the poor of the said counties, to the boards of supervisors therein respectively, and shall be assessed, levied and collected of and upon the taxable real and personal estate in the said counties, in the same manner as other county charges.9

When to bocome so in

ties.

$ 24. The board of supervisors of any county in this state, at any other coun- annual meeting, or at any special meeting called for that purpose, may determine to abolish all distinction between county poor and town poor in their counties respectively, and to have the expense of maintaining all the poor a county charge; and upon their filing such determination, duly certified by the clerk of the board, with the county clerk, the said poor shall be maintained, and the expense thereof defrayed in the manner prescribed in the preceding section relative to the counties of Warren, Washington, Saratoga and Genesee."

Notice to be given.

Excise money, &c. to be paid to county trea

Burer.

$25. When the supervisors of any county shall have determined to abolish the distinction between county poor and town poor, the clerk of the board shall serve a copy of the resolution making such determination, upon the clerk of each town, village or city, within such county.10

$26. After such resolution shall be served, it shall be the duty of the commissioners of excise in the several towns of such county, and of the officers of every city and village therein, to pay over to the treasurer of the county all monies which shall thereafter be received for licenses to tavern-keepers, retailers or grocers, and all monies

(8) Laws of 1828, p. 170, § 6. (9) Laws of 1827, p. 195; 1826, p. 134. (10) Laws of 1828, p. 170, § 3, 4, & 5.

which shall be recovered as penalties for violating the excise laws, TITLE 1. or any other laws, and which are directed to be paid to the overseers of the poor.11

compelled.

$27. If any person having in his hands any monies directed to be Payment how paid to the county treasurer by the preceding section, shall neglect or refuse to pay the same within thirty days after demand thereof, the county treasurer may maintain an action in his name of office for therecovery thereof, together with interest from the time of such demand.11

counties, how

$ 28. In all the other counties of this state, except the counties of Poor of other Warren, Washington, Saratoga, Genesee, and those counties of which supported. the board of supervisors shall file the determination aforesaid, the poor having a settlement in any town in such county, shall be supported at the expense of such town, and the poor not having such settlement shall be supported by the county in which they may be.

how gained.

$ 29. Every person of full age, who shall be a resident and inha- Settlements bitant of any town for one year, and the members of his family who shall not have gained a separate settlement, shall be deemed settled in such town. A minor may be emancipated from his or her father, and may gain a settlement,

1. If a female, by being married and living for one year with her Minors. husband, in which case the husband's settlement shall determine that of the wife:

2. If a male, by being married and residing for one year separately from the family of his father:

3. By being bound as an apprentice, and serving one year by virtue of such indentures:

men.

4. By being hired and actually serving for one year for wages to Married wobe paid to such minor. A woman of full age, by marrying, shall acquire the settlement of her husband, if he have any. And until a poor person shall have gained a settlement in his own right, his settlement shall be deemed that of his father or mother; but no child born in any place used and occupied as a residence for the poor of any town, city or county, shall gain any settlement merely by reason of the place of such birth; nor shall any child born while the mother is a county pauper, gain any settlement by reason of the place of its birth.

of last section

$30. But no residence of any person as a pauper, in the county Qualification poor-house, or place provided for the support of the poor, or in any town while supported at the expense of any other town or county, shall operate to give such pauper a settlement in the town where such actual residence may be had.

(11)Laws of 1823, p. 170, § 3, 4, & 5.

TITLE 1.

Paupers not

ed, how supported.

$31. No person shall be removed as a pauper from any city or

town to any other city or town of the same or any other county, nor to be remov- from any county to any other county; but every poor person shall be supported in the town or county where he may be, as follows: 1. If he hath gained a settlement in any town in such county, he shall be maintained by such town:

to determine

pauper.

2. If he hath not gained a settlement in the county in which he shall become poor, sick or infirm, he shall be supported and relieved by the superintendents of the poor, at the expense of the county:

3. If such person be in a county where the distinction between town and county poor is abolished, he shall in like manner be supported at the expense of the county, and in both the cases aforesaid, proceedings for his relief shall be had as herein after directed:

4. If such pauper be in a county where the respective towns are liable to support their poor, and hath gained a settlement in some other town of the same county than that in which he may then be, he shall be supported at the expense of the town where he may be, and the overseers shall give notice in writing to the overseers of the town to which such pauper shall belong, or to one of them, requiring them to provide for the relief and support of such pauper.

Proceedings $32. If within ten days after the service of such notice, the oversettlement of seers to whom the same was directed shall not proceed to contest the allegation of the settlement of such pauper, by giving the notice herein after directed, they, their successors, and the town which they represent, shall be forever precluded from contesting or denying such settlement. They may, within the time aforesaid, give notice in writing to the overseers of the town where such pauper may be, that they will appear before the county superintendents, at a place and on a day therein to be specified, which day shall be at least ten days, and not more than thirty days from the time of the service of such notice, to contest the said alleged settlement.

Ib.

Towns how compelled to

pers.

$33. The county superintendents shall convene whenever required by any overseers pursuant to such notice, and shall proceed to hear and determine the controversy, and may award costs not exceed ing ten dollars, to the prevailing party, which may be recovered in any action before a court of competent jurisdiction. The decision of the superintendents shall be final and conclusive.

$34. The overseers of the poor of the town in which it may be alsupport pau- leged any pauper has gained a settlement, may at any time after receiving such notice requiring them to provide for such pauper, take and receive such pauper to their town and there support him. If they omit to do so, or shall fail to obtain the decision of the county superintendents, so as to exonerate them from the maintenance of such pauper, the charge of giving such notice, and the expenses of maintaining such pauper, after being allowed by the county superinten

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