12 Mass. 262. assessor, constable, or collector of taxes, in any place, shall thereby gain town offices. a settlement therein. For this purpose a year shall be considered as 1 Pick. 129. including the time between the choice of such officers at one annual meeting and the choice at the next annual meeting, whether more or less than a calendar year. Seventh. Every settled ordained minister of the gospel shall be deemed to have acquired a legal settlement in the place wherein he is or may be settled as a minister. Eighth. Any person admitted an inhabitant by any place at a legal meeting, held under a warrant containing an article for that purpose, shall thereby acquire a legal settlement therein. Ninth. Any citizen of this or any other of the United States, dwelling and having his home in any unincorporated place at the time it is incorporated into a town, shall thereby acquire a legal settlement therein. Settlement by ministers; 4 7 Allen, 90. by persons aditants by vote; mitted inhab by incorporation rated place; Met. 484, of an unincorpo 6 Tenth. Upon the division of a city or town, every person having a legal settlement therein, but being absent at the time of such division and not having acquired a legal settlement elsewhere, shall have his legal settlement in that place wherein his last dwelling place or home happens 4 to fall upon such division; and when a new city or town is incorporated, composed of a part of one or more incorporated places, every person legally settled in the places of which such new city or town is so composed, and who actually dwells and has his home within the bounds of such new city or town at the time of its incorporation, shall thereby acquire a legal settlement in such new place: provided, that no person residing in that part of a place which upon such division shall be incorporated into a new city or town, having then no legal settlement therein, shall acquire any by force of such incorporation only; nor shall such incorporation prevent his acquiring a settlement therein, within the time and by the means by which he would have gained it there if no such division had been made. where to be upon division or incorporation of town; Met 484. Cush. 185. 1 Allen, 75. four years, &c.; 5 by residence and paying taxes. Mass. 430. Pick. 535. 3 Met. 428. 10 Mass. 394. 2 Eleventh. A minor who serves an apprenticeship to a lawful trade by serving for the space of four years in any place, and actually sets up such trade apprenticeship therein within one year after the expiration of said term, being then twenty-one years old, and continues there to carry on the same for five years, shall thereby gain a settlement in such place; but being hired as a journeyman shall not be considered as setting up a trade. Twelfth. Any person of the age of twenty-one years, being a citizen of this or any other of the United States, who resides in any place within this state for ten years together, and pays all state, county, city, or town taxes, duly assessed on his poll or estate for any five years within said time, shall thereby gain a settlement in such place. 12 Met. 35. 4 Cush. 190, 557. 13 Gray, 586. 15 Gray, 15. 4 Allen, 574. 6 Allen, 508. See 1868, 328. SECT. 2. No person who has begun to acquire a settlement by the Provisions for laws in force at and before the time when this chapter takes effect, in begun to acquire any of the ways in which any time is prescribed for a residence, or for settlements, R. S. 45, § 2. the continuance or succession of any other act, shall be prevented or delayed by the provisions of this chapter; but he shall acquire a settlement by a continuance or succession of the same residence or other act in the same time and manner as if the former laws had continued in force. 10 Met. 115. persons who have continue. SECT. 3. Every legal settlement shall continue till it is lost or de- Settlements to feated by acquiring a new one within this state; and upon acquiring such new settlement all former settlements shall be defeated and lost. R. S. 45, $3. 13 Met. 192. 13 Gray, 586. Hospitals 18735192 um. Jeturns1875.216 Adoption 1876-2/3 $7 Towns to support R. S. 46, § 1. 9 Met. 495. Powers and du ties of overseers of the poor. SECTION 1. Every city and town shall relieve and support all poor and indigent persons lawfully settled therein, whenever they stand in need thereof. 3 Allen, 515. 106 Mass. 262. SECT. 2. The overseers of the poor shall have the care and oversight of all such poor and indigent persons so long as they remain at the charge of their respective cities or towns, and shall see that they are See Ch. 111, § 4. suitably relieved, supported, and employed, either in the workhouse or R. S. 46. § 2. 1857, 153. 8 Allen, 73. Same subject. Certain kindred R. S. 46, § 6. 10 Cush. 239. 10 Allen, 68. may also assess for future expenses. R. S. 46, § 7. almshouse, or in such other manner as the city or town directs, or otherwise at the discretion of said overseers. They may remove to the almshouse such children as are suffering destitution from extreme neglect of dissolute or intemperate parents or guardians. SECT. 3. The overseers of the poor shall have the same power and authority over persons placed under their care, which directors or masters of workhouses have over persons committed thereto. SECT. 4. The kindred of such poor persons, in the line or degree of father or grandfather, mother or grandmother, children or grandchildren, by consanguinity, living in this state and of sufficient ability, shall be bound to support such paupers, in proportion to their respective ability. SECT. 5. The superior court in the county where any one of such kindred to be charged resides, upon complaint of any city, town, or kindred who shall have been at expense for the relief and support of such pauper, may, on due hearing, assess and apportion upon such of the kindred as they shall find to be of sufficient ability, and, in proportion thereto, such sum as they shall deem reasonable for or towards the support of the pauper to the time of such assessment; and may enforce payment thereof by execution in common form: provided, that such assessment shall not extend to any expense for relief afforded more than six months previous to the filing of the complaint. SECT. 6. The court may further assess and apportion upon said kindred such weekly sum as they shall deem sufficient for the future support of the pauper, to be paid quarter yearly until the further order of court; and upon application from time to time of the city, town, or kindred, to whom the same is ordered to be paid, the clerk of said court shall issue and may renew an execution for the arrears of any preceding quarter. SECT. 7. When the court adjudges two or more of the kindred of a Coste, how taxed. pauper to be of sufficient ability to contribute to his support, they shall R. S. 46, § 8. tax no more costs against any one respondent than is occasioned by his default or separate defence. with whom pau R. S. 46, § 9. SECT. 8. The court may further order with whom of such kindred, Court may order that may desire it, such pauper shall live and be relieved, and such per shall live. time with one, and such time with another, as they shall deem proper, having regard to the comfort of the pauper as well as the convenience of the kindred. complaints. SECT. 9. The complaint made as provided in this chapter, shall be Proceedings on filed in the clerk's office, and a summons shall be thereupon issued re- R. S. 46, § 10. quiring the kindred therein named to appear and answer thereto; which summons shall be directed to any officer qualified to serve civil process between the parties, and served like an original summons, fourteen days. at least before the sitting of the court to which it is returnable. SECT. 10. Upon suggestion that there are other kindred of ability, not summoned in the original process, they may be summoned, and after due notice, whether they appear or are defaulted, the court may proceed moned against them in the same manner as if they had been summoned upon the original complaint. Other kindred may be sum- new orders. SECT. 11. The court may take further order from time to time in Court may make the premises, upon application of any party interested, and may alter Rs. 45, § 12. such assessment and apportionment according to circumstances; and 10 Alien, 68. upon all such complaints they may award costs to either party as justice requires. SECT. 12. Said overseers, in their respective places, shall provide for the immediate comfort and relief of all persons residing or found therein, having lawful settlements in other places, when they fall into distress and stand in need of immediate relief, and until they are removed to the places of their lawful settlements; the expenses whereof, incurred within three months next before notice given to the place to be charged, as also of their removal, or burial in case of their decease, may be recovered by the place incurring the same against the place liable therefor, in an action at law, to be instituted within two years after the cause of action arises, but not otherwise. vide for immedi 2 Overseers to pro- 1 11 Gray, 107. 8 Allen, 73. Recovery to es- tablish settle R S. 46, § 14. SECT. 13. A recovery in such action shall bar the place against which it shall be had from disputing the settlement of such pauper with the place so recovering, in any future action brought for his support. SECT. 14. When a person is supported in a place other than that in 119. which he has his settlement, the place liable for his support shall not be Liability when required to pay therefor more than at the rate of one dollar a week: &c. pauper removed, Pick. provided, that the place so liable shall cause the pauper to be removed 4451873.2.13 within thirty days from the time of receiving legal notice that such sup- 7 Pick. 155. port has been furnished. 21 Pick. 349. Overseers shall support, and in bury, indigent SECT. 15. The overseers of the poor of each place shall also relieve, 8 Cush 371. support, and employ, all poor persons residing or found therein, having no lawful settlements within this state, until their removal to a state almshouse, and in case of their decease shall decently bury them; the strangers. expense whereof may be recovered of their kindred, if they have any Compensation chargeable by law for their support, in the manner herein before pro- R. S. 46, §§ 16, vided; and if in case of their burial the expense thereof is not paid by 1852, 275. such kindred, there shall be paid from the treasury of the common- See 1867, 97. wealth, five dollars for the funeral expenses of each pauper over twelve /875-70 years of age, and two dollars and fifty cents for the funeral expenses of each pauper under that age. 32. individuals. SECT. 16. Every city and town shall be held to pay any expense Towns liable to necessarily incurred for the relief of a pauper therein by any person R. S. 46, § 18. who is not liable by law for his support, after notice and request made 7 Met. 216. to the overseers thereof, and until provision is made by them. 50 6 Cush. 399. 9 Allen, 135. 14 Allen, 30. 105 Mass, 533. 9 Met. 492. 3. 47 4 Cush. 199. 1161.353 Paupers may be 1.4removed, &c. R. S. 46, § 19. 5 Allen, 545. 102 Mass. 216. Process in case If a removal is jected to by the then, &c. R. S. 46, $ 20. SECT. 17. The overseers of any place may send a written notifica tion, stating the facts relating to any person actually become chargeable thereto, to one or more of the overseers of the place where his settle ment is supposed to be, and requesting them to remove him, which they may do by a written order directed to any person therein designated, who may execute the same. SECT. 18. If such removal is not effected by the last mentioned overseers within two months after receiving the notice, they shall within said two months send to one or more of the overseers requesting such not made or ob- removal, a written answer, signed by one or more of them, stating therein their objections to the removal; and if they fail so to do, the overseers who requested the removal may cause the pauper to be removed to the place of his supposed settlement, by a written order directed to any per 17.445 son therein designated, who may execute the same; and the overseers of the place to which the pauper is so sent shall receive and provide for him; and such place shall be liable for the expenses of his support and removal, to be recovered in an action by the place incurring the same, and shall be barred from contesting the question of settlement with the plaintiffs in such action. Overseers may Overseers, &c., to return to sec- SECT. 19. The notification and answer mentioned in the two preceding sections may be sent by mail; and such notification or answer, directed to the overseers of the poor of the place intended to be notified or answered, postage prepaid, shall be deemed a sufficient notice or answer, and shall be considered as delivered to the overseers to whom it is directed, at the time when it is received in the post office of the place to which it is directed and in which the overseers reside. SECT. 20. Whoever brings into and leaves any poor and indigent person in any place in this state, wherein such pauper is not lawfully settled, knowing him to be poor and indigent, and with intent to charge such place with his relief or support, shall forfeit a sum not exceeding one hundred dollars for each offence, to be recovered in an action of tort to the use of such place. SECT. 21. Upon the death of a pauper who at the time of his decease is actually chargeable to any place within this state, the overseers of the poor of such place may take possession of all his real and personal property; and if administration is not taken upon his estate within thirty days after his decease, the overseers may in their own names sell and convey so much thereof as may be necessary to repay the expenses incurred for the pauper. If any part of such property is withheld from said overseers, they may in their own names sue for and recover possession of the real estate, and shall have the same remedy for the recovery of the personal estate or its value, that an administrator might have in like case. SECT. 22. In all actions and prosecutions founded on the preceding provisions of this chapter, the overseers of the poor of any place or any person by writing under their hands appointed shall appear, prosecute, or defend, the same to final judgment and execution, in behalf of such place. RETURNS TO BE MADE BY OVERSEERS OF THE POOR, &c. SECT. 23. The board of directors for public institutions of the city of Boston, and the overseers of the poor of all cities and towns, shall, on monwealth state- or before the fifteenth day of October of each year, make out and return ment respecting 1858, 46, § 1. to the secretary of the commonwealth a statement of the paupers in such city or town as they were during the year ending on the last day of the month preceding; which return shall contain true and correct answers to the following inquiries: What number of persons have been relieved or supported by your town during de year ending September 30? Of those, how many have a legal settlement in youf town? How many are foreign born? How many of the foreign born are from England and Ireland? How many state paupers have you sent to the state almshouses? How many of the poor assisted in your town or sent to state almshouses were foreigners? How many of your insane do you support in state lunatic hospitals? How many of your idiotic poor are in the state institution for educating idiots? Have you an almshouse What number of acres of land is attached to your almshouse? What is the estimated present value of your almshouse establishment? Real estate? Personal? What number of persons have been supported in your almshouse during the whole or any part of the year? What is the average number supported in the almshouse? What is the average weekly cost of supporting each pauper in the almshouse? What number of persons have been inmates of your almshouse who are unable to perform any kind or amount of labor? What is the estimated value of all the labor performed by the poor in your almshouse? How many persons, including their families, have you supported out of the almshouse during the whole or a portion of the year? What is the average weekly cost of supporting each pauper out of the almshouse? How many have you aided out of the almshouse? How many have you supported or relieved who were insane? How many who were idiots? What number of persons, relieved or supported during the year, in your town, have become dependent by reason of insanity or idiocy? What number of your poor, supported at the public charge, have been made dependent by intemperance in themselves? What number by intemperance in those who ought to have been their supporters? What is the total net amount of expense of supporting or relieving the poor in your town during the year, including interest on your almshouse establishment? How many are supported in your almshouse at the present time? How many are supported out of the almshouse at the present time? How many are assisted out of the almshouse at the present time? They shall, at the same time, make correct returns of all children in such city or town under fourteen years of age who are supported at the public charge, specifying therein the name, age, and sex of each. And the secretary of the commonwealth shall, in the month of September annually, furnish the board of directors for public institutions of the city of Boston, and the overseers of the poor of every other city and town, with blank forms of returns, which shall contain in substance the foregoing interrogatories. making return. 1837, 194, § 3. SECT. 24. If the board of directors for public institutions of the city Penalty for not of Boston, or the overseers of the poor of any other city or town, refuse or neglect to make any of the returns as aforesaid, they shall forfeit a sum not less than fifty nor more than one hundred dollars for each of fence; and the secretary of the commonwealth shall forthwith notify the district-attorney of the district in which such directors or overseers reside, of such refusal or neglect, and he shall immediately prosecute for the same. pare abstract of SECT. 25. The secretary shall, as soon after the fifteenth day of Oc- Secretary to pretober of each year as practicable, make out an abstract of the returns press made to him, together with such explanatory remarks as he deems proper, 1837, 194, § 2. and cause the same to be printed for the use of the legislature. 1841, 116, § 2. |