proceedings, in all respects, shall be had thereon, and the overseers TITLE & and superintendents shall account to the general sessions, in the manner therein provided.48 bastard, how ported. $53. The mother of every bastard, who shall be unable to support Mother and herself, during her confinement and recovery therefrom, and every to be sup bastard, after it is born, shall be supported as other paupers are required to be supported by law, at the expense of the town where such bastard shall be born, if the mother have a legal settlement in such town, and it be required to support its own poor; if the mother have a settlement in any town of the same county, which is required to support its own poor, then at the expense of such town; in all other cases, they shall be supported at the expense of the county where such bastard shall be born. be removed consent. $ 54. Such mother and her child shall not be removed from any Mother not to town to any other town in the same county, nor from one county to without her any other county, in any case whatever, unless voluntarily taken to the county or town liable for their support, by the county superintendents of such county or the overseers of the poor of such town. Leers to no tendents of $55. The overseers of the poor of any town where a woman shall When overbe pregnant of a child likely to be born a bastard, or where a bastard tify superinshall be born, which child or bastard shall be chargeable, or likely to cases of basbecome chargeable to the county, shall, immediately on receiving in- tardy. formation of such fact, give notice thereof to the county superintendents, or one of them. dents to sup $56. The county superintendents shall provide for the support of Superintensuch bastard and its mother, in the same manner as for the poor of port mother such county. and child. Overseers. $57. Until the county superintendents take charge of and provide Until they do for the support of such bastard and its mother so chargeable to the so, duty of county, the overseers of the poor of the town shall maintain and provide for them; and for that purpose, the same proceedings shall be had as for the support of a pauper chargeable to the county, who can not be conveniently removed to the county poor-house. bastard to be supported by Overseers, chargeable to. $58. Where a woman shall be pregnant of a child likely to be Mother and born a bastard, or to become chargeable to a town, or where a bastard shall be born chargeable, or likely to become chargeable to a town, whether the overseers of the poor of the town where such bastard shall be town or not. born, or be likely to be born, whether the mother have a legal settlement therein or not, shall provide for the support of such child and the sustenance of its mother, during her confinement and recovery therefrom, in the same manner as they are authorised by law to provide for and support the poor of their town. (48) 1 R. L. p. 309, § 8. TITLE 6. Money re parents of to be applied: counted for. $59. Where any money shall be paid to any overseers, pursuant to the order of any two justices, by any putative father, or by the ceived from mother of any bastard, the said overseers may expend the same dibastard, how rectly in the support of such child, and the sustenance of its mother how to be ac as aforesaid, without paying the same into the county treasury. They shall annually account, on oath, to the board of town auditors, at the same time that other town officers are required to account, for expenditures of all monies so received by them, and shall pay over the balance in their hands, to their successors in office, at the same time, and under the like penalties, as are provided by law, in respect to the poor monies in their hands. When received on ac tard chargea how to be $60. All monies which shall be ordered to be paid by the putative count of bas father, or by the mother of a bastard chargeable to any county, shall ble to county, be collected for the benefit of such county; and all overseers of the disposed of poor, superintendents, sheriffs, and other officers, shall, within fifteen days after the receipt of any such monies, pay the same into the county treasury. Upon neglect of any of the said officers to make such payment, they shall be liable to an action by and in the name of the county treasurer, for all monies so received and withheld, with interest from the time of the receipt, at the rate of ten dollars upon the hundred dollars; and shall forfeit a sum equal to that so withheld, to be sued for and recovered by and in the name of the county trea Settlement of determined. surer. $61. Whenever any dispute shall arise concerning the legal setbastards, how tlement of the mother of a bastard, or of a child born or likely to be born a bastard, in any town, the same shall be determined by the board of county superintendents of the poor, upon a hearing of the parties interested, in the same manner as they are authorised to determine the settlement of any poor person. Proceedings for that pur pose. A The $62. Where a bastard shall be born, or be likely to be born in one town, when the legal settlement of the mother is in another town of the same county, which is required by law to support its own poor, the overseers of the poor of the town where such bastard shall be born, or be likely to be born, shall give the like notice to the overseers of the town where the mother's settlement may be, as is required in the case of a person becoming a pauper, under the like circumstances; and the same proceedings shall be had in all respects, to determine the liability of such town, as in the case of paupers. $ 63. The overseers of the town to which the mother of such bastard belongs, may, before the confinement of such mother, or at any time after the expiration of two months after her delivery, if her situation will permit it, take and support such mother and her child. $ 64. If they omit to do so, and fail to obtain the determination of the county superintendents in their favor on the question of settlement, the town to which the mother belongs, shall be liable to pay all the expenses of the support of such bastard, and of its mother during TITLE 6. her confinement and recovery therefrom; which expenses, after being allowed by the county superintendents, shall be assessed, together with the lawful interest on the monies expended, on the town to which such mother belongs, and shall be collected in the same manner as provided for poor persons supported under the same circumstances; and the monies so collected, shall be paid to the county treasurer, for the benefit, and to be credited to the town which incurred the said expenses. tice to fix sum ed for bas tards, &c. in certain cases. $65. In those cases where any town is required to support a bas- Order of justard and its mother, whether the mother have a settlement in such to be expendtown or not, and no monies shall be received from the putative father, or from the mother, to defray the expense of such support, the overseers of the poor shall apply to a justice of the peace, and obtain an order for the support of such bastard, and the sustenance of its mother, during her confinement and recovery therefrom, and the sum to be allowed therefor, in the same manner as is required in the case of paupers; and the monies paid, or contracted to be paid, by the overseer, pursuant to such order, shall be paid by the county treasurer, in the same manner as for paupers, and be charged to the town to whose officers such payment shall be made. tard and mo. moved to house; $ 66. If there be a county poor-house, or other place provided for when basthe reception of the poor, in any county where the towns are requir- ther to be reed to support their own poor, the overseers of the poor of a town county poorwhere a bastard shall be born, or shall be likely to be born, may, with the approbation of the county superintendents, or any two of them, and when the situation of the mother will allow it, remove the mother of such bastard, with her child, to such poor-house, or other place, in the same manner as paupers may be removed; the expense how support superinten of which shall be defrayed in the like manner, and such mother and ed there. her child shall be considered as poor of the town so liable for their support, and the expense shall in like manner be estimated and paid. $67. Any superintendents of county poor, and any overseer of the Penalty on poor of any town, whose duty it shall be to provide for the support of any bastard and the sustenance of its mother, who shall neglect to perform such duty, shall be deemed guilty of a misdemeanor; and shall, on conviction, be liable to a fine not exceeding two hundred and fifty dollars, or to imprisonment not exceeding one year, or to both. dents and overseers for neglect. Compromise with putative $68. The commissioners of the alms-house and bridewell of the city of New-York, or any two of them, may make such compromise fathers in and arrangements with the putative fathers of bastard children in the New-York. said city, relative to the support of such children, as they shall deem TITLE 7. equitable and just, and thereupon may discharge such putative fathers from all liability for the support of such bastards.49 Penalty on constables $69. Every constable or other officer, to whom any bond of the neglecting to putative father of a bastard, or of a child likely to be born a bastard, deliver over ed by them. bonds receiv- taken out of the county where the warrant was issued, shall be delivered as herein before directed, who shall neglect or refuse to deliver the same to the justice who issued such warrant, within fifteen days after the receipt of the same, shall forfeit the sum of twenty-five dollars, to be sued for and recovered by and in the name of any overseers of the poor, or county superintendents, at whose instance the said warrant was issued.50 Justice on. dorsing warrant under this Title, not liable. Proceedings case of justice issu ing warrant. $70. No justice of the peace shall be liable to any information, indictment, action of trespass, or other action, by reason of his having endorsed any warrant issued for the apprehension of the putative father of a bastard, or of a child likely to be born a bastard, although it should afterwards appear that such warrant was illegally or improperly issued. 50 $71. If any justice who shall have issued any warrant for the apinct of prehension of the father of a bastard, or of a child likely to be born a bastard, shall have died, vacated his office, or be absent on the return of such warrant, the constable who may apprehend such father, shall carry him before some other justice of the same town, who shall have the same authority to proceed therein, as the justice who issued such warrant. Persons held in slavery not TITLE VII. OF THE IMPORTATION INTO THIS STATE OF PERSONS HELD IN SEC. 1. Persons held as slaves not to be brought into this state. 5. Term of service of those so brought after this Title becomes a law. 6. Travellers not remaining more than nine months, may bring and carry out servants. 7. Persons residing part of a year in this state, may do the same. 8. Penalty for selling any person as a slave under any circumstances. 9. Persons so sold, discharged from all obligations of service. 10. Persons imported since certain time, not to be transferred for any time. 11. Contracts for service by slaves, since certain time, void. 12. Penalty for sending out of the state, slaves or servants. 13. Last section not to apply to slaves or servants pardoned by governor. 14. Inhabitants may take servants on a journey; duty on their return. 15. Persons of color escaping into this state in a vessel, how returned. 16. Every person born in this state, or now or hereafter brought into it, free, &c. $1. No person held as a slave shall be imported, introduced or to be brought brought into this state, on any pretence whatever, except in the cases into this state (49) Laws of 1815, p. 163. (50) 1 R. L. 307, § 4. hereinafter specified. Every such person shall be free. Every person held as a slave who hath been introduced or brought in this state contrary to the laws in force at the time, shall be free.61 TITLE 7. from other $ 2. The preceding section shall not be deemed to discharge from Fugitivos service any person held in slavery in any state of the United States, statos. under the laws thereof, who shall escape into this state. from other ed to bring certain con. S3. Any inhabitant of any other state emigrating into this state, Emigrants with intent to reside permanently therein, may bring with him any states allow person lawfully held in slavery, and belonging to such inhabitant un- servants of der the laws of the state from which he shall remove, who was born ditions. since the fourth day of July one thousand seven hundred and ninetynine, and before the fourth day of July one thousand eight hundred and twenty-seven, upon the condition that such emigrant shall file with the clerk of the city or town in which he shall come to reside, within six months after his removal into this state, his own affidavit in writing, containing the name and addition of such emigrant, the county and state from which he removed, and the time of his arrival in this state, together with the name, age and sex of the person so held in slavery. The said affidavit shall be recorded by the clerk with whom it shall be filed, in a book to be provided for the purpose, which record and a certified copy thereof, shall be good evidence of the facts therein contained. 52 service of sons so S4. Every such person held in slavery aforesaid, and born after Duration of the fourth day of July, one thousand seven hundred and ninety-nine, certain per who hath been brought into this state according to the provisions of brought. the preceding section, since the thirty-first day of March, one thousand eight hundred and seventeen, shall be free, but shall remain the servant of him to whom such person belonged, and of his executors and administrators, in the same manner as if such person had been bound as an apprentice according to law, and shall continue in such service, if a male, until the age of twenty-eight years, and if a female, until the age of twenty-five years. 53 hereafter $5. The term of service of such persons who shall so be brought of persons into this state, after this Title becomes a law, shall be only, until they brought attain the age of twenty-one years respectively. with servants $ 6. Any person not being an inhabitant of this state, who shall be Travellers travelling to or from, or passing through this state, may bring with him any person lawfully held by him in slavery, and may take such person with him from this state; but the person so held in slavery shall not reside or continue in this state more than nine months, and if such residence be continued beyond that time, such person shall be free. 54 (51) Laws of 1817, p. 136, § 9. (52) Ib. p. 140, § 16. (53) Ib. p. 141, § 17. (54) Ib. § 15. |