alties. other causes, which in their judgment may originate or conduce to the spreading of any infectious or contagious With pen- disease: that they be authorized to annex such pecuniary penalties for the breach of the orders and regulations which they shall make and prescribe, relative to the object aforesaid, as they shall adjudge adequate and necessary to effect the same: that said penalties may be prosecuted and recovered by action of debt, before any court proper to try the same; one moiety whereof shall be for the use of the town wherein the offence shall be, and the other moiety for the use of him or he who shall sue for the same; and if such nuisances, or other causes injurious to the health of the inhabitants as aforesaid, shall not be removed by the person permitting or erecting the same, pursuant to any order or regulation of the towncouncil for the town, it shall be the duty of the towncouncil thereupon, and they are hereby fully authorized and empowered, to adopt such measures as they shall move nui- deem effectual for the removal of such nuisances, or other causes injurious to the health of the inhabitants as aforesaid, at the proper charge and expence of the perSheriff to son erecting or permitting the same: and that the sheriff, his deputies, and the town-sergeants and constables of the several towns, shall execute all such precepts and orders as shall be to them directed by said town-councils, for carrying this act into execution. And re sances. execute their or ders. May order inhabi tants to re ed district. SEC. 20. And be it further enacted, That in case any person or persons shall hereafter be sick of any malignant, move from pestilential or infectious disease, in any town in this State, the infect- so as to endanger his, her or their lives, by being removed, or in case it shall appear that the disease be so spread, that the atmosphere, in the judgment of the town-council, has become so contaminated as to endanger the lives of those persons who reside or go into the neighborhood of the sick, that then, in such case, it shall be lawful for the town-council of such town to cause all such persons, within such neighborhood, to be notified to remove and go therefrom within three days; and if after that time any person or persons shall remain there, the said town-council is hereby authorized to cause him, her or them, to be forthwith removed at his, her or their own expence : Proviso. Provided nevertheless, That the expence of the removal of the poor, or such as are unable, in the judgment of the town-council, to remove themselves, shall be paid out of the town-treasury. An act ascertaining what shall constitute a legal Settlement in 1727, 41, any town in this State. 48, '65, '98 1804, '05, 122. SECTION 1. Be it enacted by the General Assembly, and by the Settleauthority thereof it is enacted, That legal settlements in any ment how town in this State shall be hereafter gained, so as to oblige such town to relieve and support the persons gaining the same, in case they become poor, and stand in need of relief, by any of the ways and means following, and not otherwise, to wit: where set FIRST. A married woman shall always follow and have Husband the settlement of her husband, if he hath any settlement and wife in this State, or any other of the United States; but if he tled. hath no settlement within this State, or in any other of the United States, the wife shall have and retain her settlement at the time of her marriage, and the husband in such case shall follow and have the settlement of his wife. mate chil dren. SECONDLY. Legitimate children shall follow and have Legiti the settlement of their father, until they arrive to the age me of twenty-one years, if the father shall, before that time, have any settlement within this State, or any other of the United States, and shall retain such settlement until they gain a settlement of their own; but if the father, before that time, shall not have any settlement within this State, or any other of the United States, the children shall, in like manner, follow and have the settlement of the mother. mate chil dren. THIRDLY. Illegitimate children, born within this State, megitishall follow and have the settlement of their mother at the time of their birth; but neither legitimate nor illegiti mate children shall gain a settlement by birth in the places where they may be born, if neither of their parents shall have a settlement there. tices. FOURTHLY. Any minor who shall serve an apprentice-Apprenship to any lawful trade, for the space of four years, in any town, and actually set up the same therein, within three years after the expiration of the said term, being then twenty-one years of age, and continue to carry on the same for the space of five years therein, shall thereby gain a settlement in such town; but such person being hired as a journeyman shall not be considered as setting up a trade. FIFTHLY. Any person of twenty-one years of age, hav- How gaining an estate of inheritance or freehold in the town where ed by real he shall dwell and have his home, of the yearly income estate. By the es value of estate. of twenty dollars over and above the interest of any mortgage which shall be thereon, and taking the rents and profits thereof for three years successively, whether he lives thereupon or not, shall thereby gain a settlement therein. SIXTHLY. Any person of twenty-one years of age, havtimated ing a real estate which shall be of the value of two hundred dollars over and above any mortgage or incumbrance which may be thereon, and being assessed for the same in the State and town taxes, and actually paying the same, for five years successively, in the town where he dwells, and hath his home, shall thereby gain a settlement therein. How long to continue. SEC. 2. And be it further enacted, That every legal settlement, when gained, shall continue until lost or defeated by gaining a new one; and upon gaining such new settlement, all former settlements shall be defeated and lost. 1727, '41, 248, '65 '98 An act providing for the relief, support, employment and removal of the Poor. 1800, 03, '12, '15 '18 $22. Towns to support SECTION 1. Be it enacted by the General Assembly, and by the authority thereof it is enacted, That every town in this their poor. State shall be holden to relieve and support all poor and indigent persons, lawfully settled therein, whenever they shall stand in need thereof; and may vote and raise monies therefor, and for their employment, in the same way To choose that monies for other town charges are raised; and shall overseers also choose any number (not exceeding five) of suitable persons dwelling therein for overseers of the poor. of the poor. Their duty. Fathers, &c. to SEC. 2. And be it further enacted, That said overseers shall have the care and oversight of all such poor and indigent persons, so settled in their respective towns, and shall see that they are suitably relieved, supported and employed, either in the work-house or other tenements belonging to such towns, or in such other way and manner as the inhabitants of the respective towns, at any legal meeting, shall direct, or otherwise at the discretion of said overseers, at the cost of such town. SEC. 3. And be it further enacted, That the kindred of maintain any such poor person, if any he shall have, in the line or their chil- degree of father or grandfather, mother or grandmother, children or grandchildren, by consanguinity, living within dren. assess therefor notice. filed. this State, and of sufficient ability, shall be holden to sup- Sup. jud. port such pauper, in proportion to such ability: and the court may supreme judicial court, at any term thereof, in any coun- them ty where any such kindred to be charged shall reside, upon complaint made by the overseer or overseers of the plaint. poor of any town, who shall have been at any expence for the relief and support of any such pauper, may, on due hearing, either upon the appearance or default of the After due kindred, they being summoned, as hereafter prescribed, assess and apportion such sum as they shall judge reasonable therefor, upon such of said kindred as they shall judge of sufficient ability and according thereto, to the time of such assessment, with costs, and may enforce payment thereof by warrant of distress: and the overseer comor overseers of any town, complaining as aforesaid, may plaint,how file their complaint in the clerk's office of the court to which such complaint shall be made, and may take out a summons thereon under the seal of said court, signed by the clerk thereof, and directed to some proper officer to serve an original summons; which being served by leaving an attested copy thereof with the party to be summoned, or at his last and usual place of abode, twenty days before the sitting of the court, shall hold him to answer to such complaint; provided, nevertheless, such Proviso. assessment shall not extend to any expence for any relief afforded more than six months previous to the filing such complaint: and the said court may further assess and apportion upon such kindred, such weekly sum for the future as they shall judge sufficient for the support of such pauper, to be paid quarterly, until further order of said court; and upon application from time to time of the overseers of the poor to whom the same shall have been ordered to be paid, the clerk of said court shall Clerk may issue and may renew a warrant of distress for the arrears rant of of any preceding quarter: and the said court may further distress. order with whom of such kindred, who may desire it, such pauper shall live and be relieved, and for such time with one, and such time with another, as they shall judge proper, having regard to the comfort of the pauper, as well as the convenience of the kindred: and upon suggestion, other kindred of ability, not named in the complaint, may be notified, and the process may be continued; and upon due notice, whether they appear or are defaulted, the court may proceed against them in the same manner as if they had been named in the complaint; issue war but if such complaint be not entered, or be discontinued or withdrawn, or be adjudged groundless, the respondents Court may shall recover costs: and said court may take further oralter the der, from time to time, in the premises, upon application of any party interested, and may alter such assessment and apportionment as circumstances may vary. assess ment. Overseers out poor SEC. 4. And be it further enacted, That said overseers may bind be, and they hereby are, empowered, from time to time, children. to bind out by deed indented or poll, to any citizen of this State, or of Massachusetts, or Connecticut, as apprentices to be instructed and employed in any lawful art, trade or mystery, or as servants to be employed in any lawful work or labor, any male or female children whose parents are lawfully settled in and become chargeable to their town; also, those whose parents so settled shall be thought by said overseers to be unable to maintain them, whether they receive alms or are so chargeable or not, provided they be not assessed in any town tax; and also all such who or whose parents residing in their town, are supported there at the charge of the State; that is to say, male children until they come to the age of twenty-one years, and females until they come to the age of eighteen years, or are married; which binding shall be as valid and effectual in law as if such children had been of the full age of twenty-one years, and had by a like deed bounden themselves, or their parents had been Provision consenting thereto: and provision shall be made in such made for deed for the instruction of male children, so bounden out, their edu- to read, write and cypher, and of females to read and cation. write, and for such other instruction, benefit and allowance, either within or at the end of the time, as to the overseers may seem fit and reasonable. to be Overseers them from SEC. 5. And be it further enacted, That it shall be the to protect duty of said overseers to enquire into the usage of chilinjury. dren who shall be bounden out by them, by force of this act, and to defend them from injuries; and said overseers By what shall have the same remedy in behalf of the persons so remedy. bounden out as is extended to other apprentices by an act entitled "an act to secure to masters and mistresses, and to apprentices and minor servants, bounden by deed, their mutual privileges ;" and the masters and mistresses of such apprentices, bounden out by overseers as aforeMasters' said, shall have the like remedy against such apprentices remedy. and for the like causes as are prescribed in the aforesaid act. |