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tice of the peace of the same town, or before the mayor, recorder, or TITLE 3. any one of the aldermen of the city in which such vagrant shall be, for the purpose of examination.

When va

sent to county

poor-house,

when to jail.

S3. If such justice or other officer be satisfied by the confession of Proceedings. the offender, or by competent testimony, that such person is a vagrant, within the description aforesaid, he shall make up and sign a record of conviction thereof, which shall be filed in the office of the clerk of the county; and shall, by warrant under his hand, commit such va-, grant, if he be not a notorious offender, and be a proper object for such grant to be relief, to the county poor-house, if there be one, or to the alms-house or poor-house of such town or city, for any time not exceeding six months, there to be kept at hard labor; or if the offender be an improper person to be sent to the poor-house, then he shall be committed to the bridewell or house of correction of such city or county, if there be one, and if none, to the common jail of such county, for a term not exceeding sixty days, there to be kept, if the justice think proper so to direct, upon bread and water only, for such time as shall be directed, not exceeding one half the time for which he shall be committed. 25

ging, how to

S4. If any child shall be found begging for alms, or soliciting cha- Children begrity from door to door, or in any street, highway, or public place of be dealt with. any city or town, any justice of the peace, on complaint and proof thereof, shall commit such child to the county poor-house, if there be one, or to the alms-house or other place provided for the support of the poor, there to be detained, kept, employed and instructed in such useful labor as such child shall be able to perform, until discharged therefrom by the county superintendents of the poor, or bound out as an apprentice by them, or by the commissioners of the alms-house, or the overseers of the poor.26

TITLE III.

OF THE SAFE KEEPING AND CARE OF LUNATICS.

Sec. 1. Committees of a lunatic having property, to confine and maintain him.
2. If he has not property, certain relatives to confine and support him.

3. Powers of overseers of poor to compel relatives of lunatic to confine him, &c.
4. Lunatics how to be secured and where confined.

5. Duty of overseers to procure suitable place for confining iunatics.

6. When lunatics may be confined in jails; but not as disorderly persons.
7. Not to be confined with criminals, nor more than four weeks in a jail.

8. Two justices may apprehend lunatic, without application of overseers.

9. Superintendents and overseers may send lunaties to asylum in New-York.
10. Expense thereof and of maintaining lunatic, how defrayed.
11. Penalty for confining lunatics otherwise than as herein directed.
12. Powers of chancellor respecting lunatics, not to be affected by this Title.
13. Proceedings to compel committees of a lunatic to confine and support him.
14. County superintendents to have the same powers as overseers.

(25) 1 R. L. 114, § 1; Laws of 1824, p. 384. 384, § 4.

(26) Laws of 1821, p. 182, § 3; 1824, p.

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TITLE 3.

$1. When any person, by lunacy or otherwise, becomes furiously mad, or so far disordered in his senses as to endanger his own person, ving property or the person or property of others, if permitted to go at large, who is

Lunatics ha

to be contin

their commit

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ed, &c. by possessed of sufficient property to maintain himself, it shall be the duty of the committee of his person and estate, to provide a suitable place for the confinement of such person, and to confine and maintain him in such manner as shall be approved by the overseers of the poor of the city or town.

Not having property, to

&c. by cer

$2. If such person is not possessed of sufficient property to mainbe confined, tain himself, it shall be the duty of the father and mother, and the tain relatives. children of such person, being of sufficient ability, to provide a suitable place for his confinement, and to confine and maintain him in such manner as shall be approved by the overseers of the poor of the city

Duty how enforced.

Lunatics

how secured.

Duty of over

seers.

How and

when luna

or town.27

$3. The overseers of the poor shall have the same remedies to compel such relatives to confine and maintain such lunatic or mad person, and to collect the costs and charges of his confinement, as are given by law in the case of poor and impotent persons becoming chargeable to any town.27

$4. In case of the refusal or neglect of any committee of such lunatic or mad person, or of his relatives, to confine and maintain such person as aforesaid; or when there is no such committee or relative of sufficient ability; it shall be the duty of the overseers of the poor of the city or town where any lunatic or mad person shall be found, to apply to any two justices of the peace of the same city or town, who, upon being satisfied upon examination, that it would be dangerous to permit such lunatic to go at large, shall issue their warrant directed to the constables and overseers of the poor of such city or town, commanding them to cause such lunatic or mad person to be apprehended, and to be safely locked up and confined in such secure place as may be provided by the overseers of the poor, to whom the same shall be directed, within the town or city of which such overseers may be officers, or within the county in which such city or town may be situated, or in the county poor-house in those counties where such houses are established, or in the lunatic asylum in the city of NewYork.28

§ 5. It shall be the duty of the overseers of the poor to whom such warrant shall be directed, to procure a suitable place for the confinement of such lunatic as therein directed, pursuant to the preceding section. 29

$6. No person who, by reason of lunacy or otherwise, is furiously ties may be mad, or so far disordered in his mind as to be dangerous if permitted to go at large, shall be committed as a disorderly person, to any pri

confined in jails.

(27) Laws of 1827, p. 319, § 5. (28) Ib. § 1, and 1 R. L. 116, § 6. (29) Laws of 1827, p. 319, § 1.

son, jail, house of correction, or confined therein, unless an agreement TITLE 3. shall have been made for that purpose with the keepers thereof; or

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ner and for

$7. No such lunatic or mad person, or person disordered in his In what mansenses, shall be confined in the same room with any person charged what time to with or convicted of any crime; nor shall such person be confined in be confined. any jail more than four weeks, and if he continue furiously mad or dangerous, he shall be sent to the asylum in New-York, or to the county poor-house or alms-house, or other place provided for the reception of lunatics, by the county superintendents.31

two justices

lunatics.

$ 8. Any two justices of the peace of the city or town where any Powers of such lunatic or mad person shall be found, may, without the applica- in securing tion of any overseers of the poor, and upon their own view, or upon the information or oath of others, whenever they deem it necessary, issue their warrant for the apprehension and confinement of such lunatic or mad person, as aforesaid. 32

be sent to N.

$9. The county superintendents of the poor of any county, and Lunatics may any overseers of the poor of any town, to which any person shall be y. asylum. chargeable, who shall be or become a lunatic, may send such person

to the lunatic asylum in the city of New-York, by an order under their hands.

thereof, and

support.

$10. The expense of sending any lunatic to the asylum at New- Expense York, and of supporting him there, shall be defrayed by the county or of lunatic's town to which he may be chargeable; if chargeable to a county, or to any town whose poor monies are required to be paid into the county treasury, such expense shall be paid by the county treasurer, out of the funds appropriated to the support of the poor belonging to such county or town, after being allowed and certified by the county superintendents. If such lunatic be chargeable to a town, whose poor monies are not required to be paid into the county treasury, such expense shall be paid by the overseers of the poor thereof.

confining lu

$ 11. Any overseer of the poor, constable, keeper of a jail, or other Penalty for person, who shall confine any such lunatic or mad person, in any natics, &c. other manner or in any other place than such as are herein prescribed, shall be deemed guilty of a misdemeanor; and on conviction, shall be liable to a fine not exceeding two hundred and fifty dollars, or to imprisonment not exceeding one year, or to both, in the discretion of the court before which the conviction shall be had.31.

chancery not

$12. None of the foregoing provisions shall be deemed to restrain Powers of or abridge the power and authority of the chancellor, concerning the to be affected safe-keeping of any lunatics, or the charge of their persons or estates.32

$ 13. The overseers of the poor of any city or town shall have the Committees same remedies to compel the committee of the estate of any lunatic to how compel

(30) Laws of 1827, p. 319, § 4. (31) Ib. § 2 & 3. (32) 1 R. L. 116, § 6.

of a lunatic

led to confine him, &c.

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[PART I. TITLE 4. confine and maintain such lunatic or mad person, and to collect of such committee the costs and charges of his confinement and support, as are given in the preceding sections against the relatives of such lunatic. And the court of general sessions of the peace of the city or county, shall make orders against such committee personally, and enforce them in the same manner as against the relatives of any poor person, so long as such committee hath any property in his hands for the support of such lunatic.

Powers of

$14. The county superintendents of the poor shall have all the intendents. powers and authority herein given to overseers of the poor of any

county super

town.

Delivery of liquor to

how prohibit

ed.

TITLE IV.

OF THE CARE OF HABITUAL DRUNKARDS.

SEC. 1. Powers of overseers of poor to forbid sale or delivery of liquor to drunkards.
2. Penalty for selling, &c. contrary to notice, except ordered by a physician.

3. Person designated as a drunkard may contest the fact.

4, 5 & 6. Proceedings to try and determine the fact.

7. Effect of verdict of jury.

8 & 9. Costs for and against overseers, when to be allowed; how collected.

10. Accounts of overseers for services, how allowed and paid.

11. When overseers may revoke notice given by them or their predecessors.

$1. Whenever the overseers of the poor of any city or town shall drunkards, discover any person to be an habitual drunkard, they may, by writing under their hands, designate and describe such drunkard, and by written notice signed by them, require every merchant, distiller, shopkeeper, grocer, tavern-keeper, or other dealer in spirituous liquors, and every other person, residing within the city or town where such drunkard shall reside, or in any other city or town near to or adjoining such city or town, not to give, or sell under any pretence, any spirituous liquors to such drunkard.33

Penalty for disobeying notice.

Charge may

bo contested.

$2. If after the personal service of such notice, any such person shall knowingly give, or sell in any manner whatever, spirituous liquors to any such drunkard, except by the personal direction or on the written certificate of some physician, regularly licensed to practice, according to the laws of this state, stating that such liquor is necessary for the preservation or recovery of the health of such drunkard, he shall forfeit for every offence the sum of ten dollars, for the use of the poor of the town where such drunkard resides.

S3. Any person so designated by the overseers of the poor as an habitual drunkard, may apply to any justice of the peace of the city or town in which the person so designated resides, for process to summon a jury to try and determine such fact of drunkenness.

(33) This Title is compiled from the act of 1821, p. 99, and that of 1822, p. 131, with few

variations.

Proceedings.

$ 4. On such application, the justice shall immediately give notice TITLE thereof, in writing, to the overseers of the poor, specifying the time and place where the parties shall meet for the trial of such fact, and shall issue a venire to any constable to summon a jury of twelve per- Venire. sons, competent to serve on juries, to appear at the said time and place, for the purpose of trying the said fact.

$5. Such jury shall be summoned, returned, and six of them shall b. be ballotted for by such justice, and shall be sworn well and truly to Jury. try the fact of the alleged drunkenness, in the same manner as for the trial of issues in suits brought before a justice of the peace; and witnesses shall be summoned, and their attendance and testimony enforced, and they shall be sworn and examined before the said jury in like

manner.

Trial.

$6. The said jury shall hear the allegations and proofs offered on it. both sides, and shall proceed in all respects as in trials at law, to render their verdict; which verdict shall be entered by such justice in a book, to be provided by him for the purpose.

verdict.

$7. The said verdict, or an attested copy thereof, under the hand Effect of a of such justice, shall be received and deemed to be presumptive evidence of the fact thereby found, in any action between the overseers of the poor and any person prosecuted by them for the penalty herein before imposed.

S8. If by the verdict of the jury, it shall be found that the person Costs. demanding such trial is an habitual drunkard, the justice shall enter judgment against such person, and award execution for the costs of the overseers of the poor in attending such trial, in the same manner as in suits between individuals, which justices of the peace are authorised to try and determine.

$9. If it be found that such person is not an habitual drunkard, m. such justice shall in like manner enter judgment and award execu tion for the costs of such person, against the said overseers, unless it shall appear to such justice that the said overseers acted in good faith, and had reasonable cause to believe such person an habitual drunkard; in which case no costs shall be awarded against them, but each party shall pay their own costs.

$10. The accounts of the overseers of the poor, for the expense of Overseers, defending against any such application, shall be audited and allowed how paid for in the same manner as the other expenses of such city or town.

services.

S 11. If at any time the overseers of the poor shall be satisfied that When notice such drunkard has reformed and become temperate, they may revoke may be reand annul any such notice given by them or any of their predecessors

in office.

voked.

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