to at least, once in each week. They shall receive an annual salary of one hundred dollars each, together with their necessary travelling expenses. SECT. 33. The inspectors shall have the same power to bind as ap- Inspectors prentices, minors who are inmates of the institution under their charge, powers. to cause the inmates of said institution to be returned to the place or e Ch. 70. 1852, 275, § 7. country from which they came, and to remove insane persons to the state ch. 111, § 4. lunatic hospital, as is vested in overseers of the poor. See 1869, 302. 1852, 275, § 5. SECT. 34. The governor, with the advice and consent of the council, Superintend shall appoint a superintendent of each of said institutions, whose salary &e. subject to the approval of the governor shall be fixed by the inspectors 1854, 189, §§1,2. thereof, and who shall receive no other compensation or perquisite for his services, except the right to reside with his family in the building under his care. He shall give bond to the treasurer of the commonwealth for the faithful performance of his duties, in such sum as shall be designated by the rules and regulations of the inspectors, and with sufficient surety or sureties to the acceptance of said inspectors, and subject to the approval of the governor. to receive pau pers, &c. SECT. 35. Said superintendents shall receive all paupers sent with a proper certificate from the mayor of any city or one of the overseers of 1852, 275, § 5. the poor of any town, and provide for them under the rules and regulations herein provided. may send state &c.; Mass. 216. (R.) Repealed by 1865, 162. 1872, 45, § 2. SECT. 36. (R.) [The several cities and towns may at their own ex- Cities and towns pense send to said 'almshouses, to be maintained at the public charge, paupers to state all paupers who may fall into distress therein, not having a settlement almshouses, within the commonwealth; that is to say, the cities and towns in the 1852, 275, § 3. counties of Suffolk, Middlesex, and Essex, may send such persons to the 1821 18: state almshouse at Tewksbury; the cities and towns in the counties of 105 Mass. 337. Norfolk, Bristol, Plymouth, Barnstable, Nantucket, and Dukes County, 1872, 45, § 5. to the state almshouse at Bridgewater; and the remaining cities and See 1860, 83. towns, to the state almshouse at Monson: provided, that the alien com1863, 159. missioners may direct the mayor of any city or the overseers of the poor of any town, to send such paupers to either of the state almshouses; and if any place is so directed to send a pauper to a greater distance than would be required by the preceding provisions of this section, the necessary additional expense shall be paid by the state.] SECT. 37. No city or town shall send to either almshouse any person who by reason of insanity would be dangerous if at large. And if an dangerous. inmate of such establishment becomes so insane, the inspectors thereof Inmates becommay apply to the judge of a police court, or any two justices of the may be sent to peace and of the quorum, in the county in which the institution is situ- state lunatic ated, who shall have the same power and authority in regard to such 1854, 437, § 1. application and the commitment of such person to either of the state lunatic hospitals, as judges of probate courts have in regard to lunatics furiously mad: provided, that it shall not be necessary to give notice of such application to the officers of any place. not to send lunatics who are ing furiously mad hospitals. known settle almshouse. SECT. 38. When it is made to appear on application in writing to Idiots having no any two justices of the peace, one of whom shall be of the quorum, or ment may be to a police court, that any person having no known settlement in this sent to state state is idiotic and ought to be confined, said justices or court shall send 1856, 108, § 3. such person to the nearest state almshouse, there to be supported, governed, and employed, in the same manner as persons sent thereto by overseers of the poor. officers, &c., in SECT. 39. In any case arising under the preceding section, all magis- Fees allowed to trates, officers, and witnesses, shall receive the same fees and compensa- such cases. tion for services performed, and for travel and attendance, as are allowed 1856, 108, § 6. by law for like services in criminal proceedings, to be taxed, allowed, and paid, in the same manner. vict paupers to be SECT. 40. (R.) [When a convict discharged from the state prison or Discharged conany jail or house of correction, having no settlement in this state known removed to alms cases. 1853, 388, § 1. houses in certain to the warden, keeper, or master thereof, is at the time of his discharge incompetent, by reason of age, infirmity, or disease, to support himself (R.) Repealed by by labor, such warden, keeper, or master shall cause him to be removed 1864, 169, § 1. to one of the state almshouses; the expense of which removal shall be certified to the auditor of the commonwealth, upon whose approval thereof the same shall be paid out of the treasury.] When settlement is discovered in paupers to be re- (R.) Repealed by 1864, 169, § 1. Convicts too sick to be removed, how to be provided for. 1853, 388, § 3. (S.) For substi tute see 1864, 169, § 2. Husband and wife not to be separated. R. S. 45, § 1. SECT. 41. (R.) [If after such removal it appears to the inspectors of the almshouse to which such discharged convict is removed, that he has a legal settlement in this state, they shall cause him to be removed to the place of his legal settlement, which shall be liable to refund to the commonwealth all expenses incurred in behalf of such convict from the time of his discharge from the state prison, jail, or house of correction; to be recovered by a suit to be instituted by the attorney-general in the name of the commonwealth.] SECT. 42. (S.) [Any convict who at the legal expiration of his imprisonment is in a condition, from bodily infirmity or disease, to render his removal as aforesaid impracticable, shall be provided for and receive such treatment, in the state prison, jail, or house of correction, as the exigency of the case may require, until he is in a condition to be removed according to the provisions of section forty.] SECT. 43. When the operation of any provisions of law in relation to poor and indigent persons might cause a separation of husband and wife by reason of her having a legal settlement in some place in the commonSee 1866, 234, §1. Wealth, he being a state pauper, both parties may be supported at the almshouse of the place where she has a legal settlement. 1855, 172, § 1. Expense of supporting state pauper in such case, how paid, &c. 1855, 172, §§ 1, See 1866, 234, § SECT. 44. The expense of thus supporting the person who is such state pauper shall be paid by the commonwealth, and the accounts therefor shall be audited and allowed by the inspectors of the state 2 almshouse to which such pauper would otherwise belong, reference being had to the expense of supporting such person at the state almshouse, if there committed. 2. When either almshouse is full, SECT. 45. When either of the state almshouses is full of inmates, the inmates to be dis superintendent thereof shall report the fact to the alien commissioners, who shall distribute the paupers who cannot be provided for therein, among the other state pauper establishments, in such manner as shall be most convenient. tributed, &c. 1853, 352, § 3. 1859, 255. When all are full, towns, &c., to take charge of expense of state. 1854, 437, § 2. 1853, 352, $4. 105 Mass. 337. SECT. 46. When by reason of all the state almshouses being full, a city or town is unable to obtain admission for a state pauper, such place state paupers at shall take charge of the pauper until notified by the superintendent to whom application for admission has been made, that the pauper can be received. The superintendent shall give notice by mail when the pauper can be received, having regard in so doing to the priority of applications; and until notice is given, the city or town shall receive payment for the support of the pauper from the treasury of the commonwealth. Powers of inspec SECT. 47. The inspectors of the several state almshouses shall have and properates the same powers in relation to the paupers who are inmates of the same, and their property, as are vested in towns and the overseers of the poor in reference to paupers supported or relieved by towns, to be exercised 1855, 445, § 3. See Ch. 70. Ch. 111, § 4. Superintendents may contract for employment of inmates, &c. 1858, 168. Towns liable for support of in the same manner. SECT. 48. The superintendent of each state almshouse, with the consent of the inspectors, may contract with any person, for the employment of any inmate thereof in any kind of lawful labor, for such wages or on such terms as the superintendent and inspectors approve. When a contract is so made, such inmate shall be discharged from the institution, and if he refuses to avail himself of the employment offered shall fortet all claim to support as a state pauper. SECT. 49. If a pauper having a legal settlement in any place becomes an inmate of either of said almshouses, such place shall be liable to the almshouses. be 1855, 445, § 4. the 1856, 108, 5. 8 Gray, 455 1875-94 102 Mass. 216. 105 Mass. 337. commonwealth for the expense incurred for him, in like manner as one paupers in state for towns in like cases. dred for support 445, leaving alms found begging. SECT. 51. If an inmate of either of said almshouses, above the age of Punishment for sixteen years, leaves the same without the consent of the inspectors houses without thereof, and within one year thereafter is found within any city or town consent, and soliciting public or private charity, he shall be punished by confinement 1852, 275, § 9. to hard labor in the house of correction for the county within which he is so found, for a term not exceeding three months. a SECT. 52. Any justice of the superior court, trial justice or police court, upon complaint of the overseers of the poor of any place or of superintendent of alien passengers, in term time or vacation, may, by warrant directed to a constable or other person therein designated, cause any pauper not born, nor having a settlement, in this state who may conveniently be removed, to be conveyed, at the expense of the state, to any other state, or, if not a citizen of the United States, to any place beyond sea where he belongs. so may state lunatic paupers. SECT. 53. Upon complaint of the trustees of any state lunatic hospital, the county commissioners of a county, the inspectors of a state 1854, 437, § 4. pauper establishment, or the overseers of the poor of a place, a judge of See 1868, 328, § 2. the probate court shall have the same powers as are given by the preceding section, to cause the removal of state lunatic paupers under their charge to any other state, or beyond sea, where they belong. counts, and make reports. 1852, 275, § 10. SECT. 54. The inspectors of the several state almshouses shall audit Inspectors to audit superinall the accounts of the superintendents of their respective institutions; tendent's acand shall report to the governor and council on or before the fifteenth day of October annually, the state of the institution under their charge, and the expenses in detail of said institution for the year ending on the last day of the preceding month, with a list of the salaried officers and their salaries, and, in a tabular form under the heads specified in section eleven of chapter five, the value of the stock and supplies. SECT. 55. All accounts for the maintenance of the state almshouses, Accounts for and the support of their inmates, shall, after they have been approved by the inspectors, be presented to the state auditor at the close of each month and paid from the treasury of the commonwealth: provided, that if the inspectors deem it necessary, a warrant may be drawn by the governor on the treasurer of the commonwealth in favor of the superintendent for a sum not exceeding five hundred dollars, to enable him to make purchases during the month; said sum to be accounted for to the auditor prior to the advance of any further amount. SECT. 56. Nothing shall be allowed from the treasury of the commonwealth to any county, city, or town, for expenses incurred on account of any state pauper, except in cases expressly provided by law. maintenance of almshouses, how Allowance for state paupers. how audited. &c. 32, 33. SECT. 57. All accounts against the commonwealth for allowance to Accounts of counties, cities, and towns, on account of state paupers, shall be rendered counties, &c. to the board of alien commissioners on or before the third Wednesday R. S. 46, §§ 31, of January annually; and shall be so made as to include all claims for 1841, 116, § 3. such charges up to the first day of said January, and if approved by said 1849, 151, 25 board, and certified by the auditor of accounts, shall be paid from the 275, §4: 1853, treasury of the commonwealth. The commissioners may require such 1722 ; 1855, accounts to be accompanied with such statement of particulars and facts, Resolves. and substantiated by such affidavits, as may seem to them proper. 1851, 42; 1852, $2. 1844, 119. Detectives may prouesses1875-15811 bond. 1875-109 Complaint how R. S. 49, § 1. 1859, 239, § 1. 3 N. H. R. 135. 3 Met. 209. 6 Cush. 111. 8 Allen, 149, 479. 4 Allen, 365, 435. Allen, 209, 301. 103 Mass. 55, 192. Who may com- 1859, 239, § 3. 10 Allen, 389. If woman is in SECTION CHAPTER 72. [See 1863, 127, 240, § 2; 1866, 292, § 2; 1871, 42.] OF THE MAINTENANCE OF BASTARD CHILDREN. 1. Complaint, how to be made. 2. Who may complain, &c., if woman refuses. 3. If woman is in state almshouse, complaint 4. Accused may be held to answer, &c. 5. For what reasons the cause may be continued, 6. Defendant committed, &c., how discharged. SECTION 9. Complaint not to be withdrawn, without consent, &c. 10. Liability for support. 11. Party charged as father may take poor debtor's oath. 12. Mother, &c., to have remedy against property of father. 13. Proceedings as in civil cases.* 14. Complainant not required to support defendant in prison. SECTION 1. When a woman who has been delivered of a bastard child, or is pregnant with a child which if born alive may be a bastard, makes a complaint to a justice of the peace or police court, and desires to institute a prosecution against the person whom she accuses of being the father of the child, the justice or court shall take her accusation and examination, in writing under oath, respecting the person accused, the time when and place where the complainant was begotten with child, and such other circumstances as the justice or court deems necessary for the discovery of the truth of such accusation. The justice or court may issue a warrant against the party accused, returnable before the same or any other justice or court having jurisdiction thereof in the county. The Warrant shall run throughout the state, and any officer to whom it is directed may serve it and apprehend the defendant in any county. SECT. 2. If a woman entitled to make a complaint refuses or neglects so to do when requested by an overseer of the poor of the place where she resides or has her settlement, or one of the alien commissioners, the superintendent of a state almshouse or of the hospital at Rainsford Island, or a person authorized by either of them to make the request, or either of her parents, or her guardian, the person so requesting may make the complaint; and when already made, if she refuses or neglects to prosecute the same, either of said persons, may prosecute the case to final judgment, for the benefit of the parent, guardian, city, town, or state. In such cases the bond shall be made to the party for whose benefit the complaint is made or prosecuted. SECT. 3. When a woman is an inmate of either of the state almscomplaint where houses, a complaint by her or in her behalf may be made either in the made. 1859, 289, § $$ 2,6. Accused held to county where she then is, or where she last had her usual place of abode before becoming such inmate, and the warrant shall be returnable in the latter county or the county where the defendant resides. When a complaint is made in the county of Suffolk, by or in behalf of an inmate of the hospital at Rainsford Island or the house of industry at Deer Island, the warrant shall be returnable before the police court of the city of Boston. SECT. 4. The court or justice before whom the warrant is returnable, may after due hearing require the accused to give bond with sufficient sureties to appear and answer to the complaint at the next term of the superior court holden for the transaction of civil business, and abide the 7 Mass. 340, 396. order of court thereon; and may order him to be committed until such 1851, 96, § 2. 1859, 195. 3 Greenl. 433. 13 Met. 246, 372. 8 Cush. 294. 2 Gray, 199. For what reasons &c. bond is given. 10 Gray, 249. 3 Allen, 153. See 1863, 127. 1865, 161. SECT. 5. If at said next court such woman is not delivered, or is not Continue be able personally to attend, or if there is any other sufficient reason there for, the court may order a continuance of the cause from term to term, as it deems necessary; and the bond shall remain in force until final R. S. 49, § 2. 3 Cush. 452. judgment: provided, that if the sureties in the bond at any term of 12 Pick. 196. said court object to being longer held liable, or if the court for any 3 Allen, 151, 153. cause deems it proper, the court may order a new bond to be taken; See 1863, 127, § 3. and the defendant shall stand committed until he gives such new bond. mitted, &c., how SECT. 6. When a person is committed on account of inability to Defendant comgive bond, he shall be discharged from prison on giving at any time discharged. thereafter the bond required, approved in the same manner as bail 1856, 34, § 2. bonds. court thereon. 1859, 239. 5 Mass. 517. SECT. 7. Upon the trial of the cause, the issue to the jury shall be Trial by jury, whether the defendant is guilty or not guilty; and if the jury find him and order of guilty, or if he is defaulted, he shall be adjudged by the court to be the R. S. 49, § 4. father of such child, and shall stand charged with the maintenance 2 Greenl. 165. thereof, with the assistance of the mother, in such manner as the court 2 Mass. 156. shall order; and shall give bond with sufficient sureties to perform said 14 Mass. 386. order, and also to indemnify and save harmless against all charges of 108.5 maintenance her parents and any city or town or the state chargeable 1/2 1.60 with the maintenance of such child; and he may be committed to prison until he gives such bond; but if on the trial he is found not. guilty, the court shall order that he be discharged; and the verdict in either case shall be final. 4 Mass. 50. 8 Green!. 163. 3 Cush. 537. SECT. 8. The mother of the child shall be admitted as a witness in Mother of child may testify, &c. support of the complaint, and may be compelled to testify; but her ad- R. S. 49, §3. missions shall not be used against her in any criminal prosecution, 1859, 259, $4. except for perjury committed while so testifying. If upon examination 5 Pick. 63. under section one, she accuses any man of being the father of such 8 Pick. 50. bastard child, and being put upon the discovery of the truth respecting 10 Cush. 285, the same accusation in the time of her travail, she accuses the same 11 Gray, 376. man of being the father of the child of which she is about to be de- 2 Allen, 406. livered, and has continued constant in such accusation, the fact of such 7 Allen, 136. accusation in time of travail may be put in evidence upon trial to cor- 116 m. 198 roborate her testimony. 492. 4 Allen, 438. be withdrawn, 1859, 23o, § 5. SECT. 9. No complaint shall be withdrawn, dismissed, or settled, by Complaint not to agreement of the mother and the putative father, without the consent without consent, of the overseers of the poor of the city or town in which she has her &c. settlement or residence, or of one of the other officers named in section 3 Allen, 149. two, or of her parent or guardian, unless provision is made to the satisfaction of the court, to relieve and indemnify any parent, guardian, city, town, or the state, from all charges that have accrued or may accrue for the maintenance of the child, and for the costs of complaint and prosecution thereof. 4 Allen, 59, See 1862, 213. 9 Allen, 459. port. Party charged as poor debtor's father may take oath. SECT. 10. No settlement made by the mother and father, before or Liability for supafter complaint is made, shall relieve the father from liability to any city 1859, 239, § 5. or town, or the state, for the support of a bastard child. SECT. 11. Whoever has been imprisoned ninety days for having failed to comply with any order of the court, as provided in this chapter, shall have the benefit of the laws for the relief of poor prisoners committed on execution: provided, that he procures like notification of his intention to take the oath prescribed to poor debtors, to be served upon the clerk of the city or town where the child of which he is the reputed father has its legal settlement, if there is such place in this state, and also upon the complainant, if living, thirty days at least before the time appointed for taking the oath. See Ch. 124. 103 Mass. 57. 3 Allen, 151. have remedy, &c. 1859, 239. SECT. 12. The mother of such child and said city or town, or the Mother, &c., to state, respectively, may at all times after the liberation of such prisoner, R. S. 49, § 6. or taking said oath, recover by action of contract any sum of which ought to have been paid to them respectively by him, in pursuance of such order of court. money SECT. 13. Prosecutions under this chapter, except as herein other- Proceedings as in wise expressly provided, shall be according to the course of proceedings civil cases. |