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dents, shall be laid before the board of supervisors at their annual TITLE 1. meetings, from year to year, as long as such expenses shall be incurred; and the supervisors shall annually add the amount of the said charges to the tax to be laid upon the town to which the pauper belongs, together with such sum in addition thereto, as will pay the town incurring such expenses, the lawful interest thereon, from the time of expenditure to the time of repayment, which sums shall be assessed, levied and collected, in the same manner as the other contingent charges of such town. The said monies, when collected, shall be paid to the county treasurer, and be by him credited to the account of the town which incurred the said expenses.

to determine

county pau

$35. The support of any pauper shall not be charged to the coun- Proceedings ty, without the sanction of the superintendents. If a pauper be sent who are to the county poor-house, or place provided for the poor, as a county pers pauper, the superintendents in those counties where the respective towns are required to support their own poor, shall immediately inquire into the fact, and if they are of opinion that such pauper has a legal settlement in any town of the said county, they shall, within thirty days after such pauper shall have been received, give notice to the overseers of the poor of the town to which such pauper belongs, that the expenses of his support will be charged to such town, unless the said overseers, within such time as the said superintendents shall appoint, not less than twenty days thereafter, show that such town ought not to be so charged. And on the application of the said overseers, the superintendents shall re-examine the matter, and take testimony in relation thereto, and shall finally decide the question; which decision shall be conclusive.

ties where

poor-houses.

$ 36. In those counties where no county poor-house or other place Ib. in coun is provided, no person shall be supported as a county pauper, without there are no the direction of at least one superintendent. In such cases the overseers of the poor of the town where such person may be, shall immediately give notice to one of the superintendents, who shall inquire into the circumstances; and if he is satisfied that such pauper hath not gained a legal settlement in any town of the said county, he shall give a certificate to that effect, and that such pauper is chargeable to the county. He shall report every such case to the board of superintendents, at their next meeting, who may affirm such certificate, or may annul the same, on giving due notice to the overseers of the poor of the town interested, and after hearing the allegations and proofs in the premises.

$37. If the superintendent to whom the overseers may have given Iь. such notice, shall neglect or refuse to give the certificate aforesaid, the overseers may apply to the board of county superintendents, who shall summarily hear and determine the matter, and whose decision shall be conclusive.

Decisions of

dents, their effect, &c.

TITLE 1. $38. The decisions of the board of county superintendents, in relation to the settlement of any paupers, or to their being a charge upon the county, shall be entered in books to be provided for that purpose, and certified by the signatures of such of the said superintendents as make such decisions; and a duplicate thereof, certified in the same manner, shall be filed in the county clerk's office within thirty days after the making of any such decision. Such original duplicate, or a copy thereof duly certified, shall be conclusive evidence of the facts therein contained.

Relief to pau

pers in coun

poor houses.

$39. When any person shall apply for relief to any overseer of the ties having poor, in any county where a poor-house is established, or other place provided for the reception of the poor, such overseers shall inquire into the state and circumstances of the applicant. If it shall appear that the applicant is in such indigent circumstances as to require permanent relief and support, and can be safely removed, the overseers shall, by a written order, cause the poor person to be removed to the county poor-house, or to the place provided as aforesaid, to be relieved and provided for as the necessities of such applicant may require. If the said county be one of those where the respective towns are required to support their own poor, the overseers shall designate in such or der of removal whether the pauper be chargeable to the county or not; and if no such designation be made, such pauper shall be deemed to belong to the town whose overseers made such order.

Expense of

removal and temporary support.

Hew support. ed and when

ged.

$40. The expense of such removal shall be paid on the certificate of the keeper of the poor-house, or other place, countersigned as aforesaid, at the rate that shall have been prescribed by the superinten dents; and the overseers shall be allowed such sum as may have been necessarily paid out or contracted to be paid, for the relief or support of such pauper previous to the said removal, as the superintendents shall judge was reasonably expended while it was improper to remove such pauper, which sum shall be paid by the county treasurer on the order of the superintendents, and shall be charged to the county, if such pauper be a county charge, or to the town sending him, if he be not a county charge.

S41. The person so removed shall be received by the superinto be dischar- tendents, or their agents, and be supported and relieved in the county poor-house, or such other place as shall have been provided, under the direction of the said superintendents, until it shall appear to them that such person is able to work and maintain himself, when the su perintendents may in their discretion discharge him.

Relief to paupers who can not be removed to

$42. If it shall appear that the person so applying, requires only temporary relief, or is sick, lame, or otherwise disabled, so that he or poor-house. she can not be conveniently removed to the county poor-house, or to such place as shall have been provided by the county superintendents, the overseers shall apply to a justice of the peace of the same town,

who shall examine into the facts and circumstances, and shall in writ- TITLE 1. ing order such sum to be expended for the temporary relief of such poor person, as the circumstances of the case shall require; which order shall entitle the overseer to receive any sum he may have paid out or contracted to pay, within the amount therein specified from the county treasurer, to be by him charged to the county, if such person be a county charge; if not, to be charged to the town where such relief was afforded; but no greater sum than ten dollars shall be expended or paid for the relief of any one poor person, or one family, without the sanction in writing of one of the superintendents of the poor of the county, which shall be presented to the county treasurer, with the order of the justice.

pers

coun

S43. If application for relief be made in any of those counties Relief to pauwhere no county poor-house, or other place shall have been provided, in Ch as aforesaid, for the reception of the poor, the overseers of the ing poor-houpoor Bes. shall, with the assistance of some justice of the peace of the same town, inquire into the facts and circumstances of the case, and shall make an order in writing for such allowance, weekly or otherwise, as the said justice, and one of the said overseers, shall think required by the necessities of such poor person.

$ 44. If such pauper have a legal settlement in the town where tь. such application is made, or in any other town of the same county, the overseers shall apply the monies so allowed to the relief and support of such pauper; the monies paid by them, or contracted to be paid, pursuant to such order, shall be drawn by them from the county treasurer on producing the said order, out of the funds in his hands belonging to such town.

given in cor

$45. If such pauper has no legal settlement in the same county, Noties to be the overseers shall immediately give the notice herein before directed, a s to one of the county superintendents; and until the county superintendents shall take the charge of the support of such pauper, the overseers shall provide for his relief and support, as aforesaid, and the expense thereof from the time of giving such notice to a county superintendent, shall be paid to the said overseers by the county treasurer, on the production of such order and of proof by affidavit, of the time of the giving such notice, and shall be by him charged to the county. $46. Whenever the county superintendents take charge of the county pau support of any county pauper, in those counties where no poor-house ties having no is provided, they may authorise the overseers of the poor of the town in which such pauper may be, to continue to support him, on such terms and under such regulations as they shall prescribe; and thereafter no monies shall be paid to the said overseers for the support of such pauper, without the order of the superintendents; or the said superintendents may remove such pauper to any other town, and there provide for his support, in such manner as they shall deem expedient.

[blocks in formation]

pers in coun

poor-housea.

TITLE 1.

Accounts with towns

bound to support their poor, by

surer.

$47. In those counties where the respective towns are required to support their own poor, the county treasurers thereof shall respectively open and keep an account with each town, in which the town shall be credited with all monies received from the same, or from its officounty trea- cers, and shall be charged with the monies paid for the support of the poor chargeable to such town. And if there be a county poor-house, or other place provided in such county for the reception of the poor, the superintendents of the poor of the county shall, in each year, before the annual meeting of the board of supervisors of such county, furnish to the county treasurer a statement of the sums charged by them, as herein after directed, to the several towns for the support of their poor, which shall be charged to such towns respectively, by the county treasurer, in his accounts.

Ib. by super. intendents.

To be laid

before super

Visors.

$48. In those counties in which a poor-house shall be established, or a place provided, by the superintendents, for the reception of the poor, and in which the several towns shall be liable for the support of their poor respectively, it shall be the duty of the superintendents, annually, and during the week preceding the annual meeting of the board of supervisors, to make out a statement of all the expenses incurred by them the preceding year, and of the monies received, and exhibiting the deficiency, if any, in the funds provided for the defraying such expenses; and they shall apportion the said deficiency among the said several towns, in proportion to the number and expenses of the paupers belonging to the said towns, respectively, who shall have been provided for by the said superintendents, and shall charge the said towns with the said proportions; which statement shall be by them delivered to the county treasurer, as before directed. $49. At the annual meeting of the board of supervisors, the county treasurer shall lay before them the account so kept by him; and if it shall appear that there is a balance against any town, the said board shall add the same to the amount of taxes to be levied and collected upon such town, with the other contingent expenses thereof, together with such a sum for interest, at the rate of seven dollars on the hundred, as will reimburse and satisfy any advances that may be made, or that may have been made, from the county treasury, for such town; which monies, when collected, shall be paid to the county treasurer. $50. The superintendents of the poor in each county shall annuCounty poor, ally present to the board of supervisors, at their annual meeting, an how defrayed estimate of the sum which, in their opinion, will be necessary, during the ensuing year, for the support of the county poor; and the said supervisors shall cause such sum as they may deem necessary for that purpose, to be assessed, levied and collected, in the same manner as the other contingent expenses of the county, to be paid to the county treasurer, and to be by him kept as a separate fund, distinct from the other funds of the county.

Balances

how collect

ed.

Expense of supporting

poor in cer

$51. In those counties where there are no county poor-houses es- TITLE 1. tablished, the overseers of the poor of the respective towns shall en- Accounts of ter, in books to be provided at the expense of their towns, an account overse's of of all matters transacted by them, relating to their official duties; of tain countics. all monies received by them, specifying from whom, and on what account; of all monies laid out and disbursed by them, to whom, and by what authority, and specifying, in each case, whether to county poor or to town poor; the names of all persons applying for relief, and ordered to be relieved as aforesaid; the day and year when they were admitted to have relief; the weekly or other sums of money allowed for that purpose, and the cause of giving such relief.12

$52. On the Tuesday next preceding the annual town-meeting of low audited every town, the overseers of the poor shall lay the said original books and set:led. before the board of town auditors, together with a just and true account of all monies by them received and expended for the use of the poor, and in what manner, together with an account of the earnings of the poor persons by them employed; which account shall be verified by the oaths of the overseers, and shall be filed with the town clerk. The board of town auditors shall compare the said account (See ch. XI. with the entries in the poor books aforesaid; shall examine the vouch- Article 5.] ers in support thereof, and shall audit and settle the same, and state the balance due from such overseers, or to them, as the case may be. No credit shall be allowed to any overseer for monies paid, unless it shall appear that such payment was made pursuant to a legal order. 13

ante p. 355,

$53. Every person who, having been an overseer of the poor, Ponalty. shall refuse or neglect to present such original books, or to exhibit such accounts, to the board of town auditors, as required in the last section, shall forfeit the sum of two hundred and fifty dollars, to be recovered by and in the name of the overseers of the poor of such town.14

estimates to

town-meet

ing.

$54. In those counties where the respective towns are made liable Account and for the support of their poor, it shall be the duty of the town clerk to be read at exhibit at the annual town-meetings, the accounts for the support of the poor therein, the preceding year, as the same shall have been allowed and passed by the board of town auditors, which accounts shall be openly and distinctly read by the clerk of the meeting; and the overseers of the poor shall also present an estimate of the sum which they shall deem necessary to supply any deficiency of the preceding year, and to provide for the support of the poor for the ensuing year. 15

supporting

$55. The inhabitants of such town shall thereupon, by a vote of a Expense of majority of the persons qualified to choose town officers, determine town poor, upon the sum of money which shall be assessed upon the said town the ensuing year, for the purpose aforesaid. The sum so voted, when

(12) 1 R. L. 290, § 28. (13) Ib. § 23 & 30. (14) Ib. § 30. (15) 1 R. L. 287, § 23; Laws of 1817, p. 176.

how defrayed

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