TITLE 1. Paupers to be support tives. SEC. 67, 68 & 69. Allowance for attending to suits. 70. Paupers now maintained by a county or several towns, to continue. 73. Provision for support of idiots and lunatics. 74. Application of poor monies that are invested. 75. County superintendents to report annually to secretary of state. 76. Supervisors of towns supporting their own poor, to report to clerk of supervisors. 77. Clerk to deliver abstracts to superintendents. 78. Penalty for neglect to report, and for false report; how collected. 79. Secretary of state to lay abstract before the legislature. 80. Overseers, when to disburse monies. 81 & 82. Excise money to be paid to overseers. S 1. The father, mother, and children, who are of sufficient ed by rela- ability, of any poor person who is blind, old, lame, impotent or decrepit, so as to be unable by work to maintain himself, shall, at their own charge, relieve and maintain such poor person, in such manner as shall be approved by the overseers of the poor of the town where such poor person may be. How compelled. Powers of court. Ib. Proportions. 1 R. L., 288, § 21; Laws of 1821, 114, § 4; 7 How. P. R., 154, 166; 7 Cow., 235; 18 B., 100; 17 B., 410. S2. Upon any failure of any such relative so to relieve and maintain any such poor person, it shall be the duty of the overseers of the poor of the town where such poor person may be, to apply to the court of general sessions of the peace of the county where such relative may dwell, for an order to compel such relief; of which application, at least fourteen days' notice, in writing, shall be given, by serving the same personally, or by leaving the same at the last place of dwelling of the individual to whom the same may be directed, in case of his absence therefrom, with some person of mature age. 3. The court to which the said application may be made, shall proceed in a summary way to hear the allegations and proofs of the parties, and shall order such of the relatives aforesaid of such poor person as appear to be of sufficient ability, to relieve and maintain such person, and shall therein specify the sum which will be sufficient for the support of such poor person, to be paid weekly. And the said court shall therein direct the relative or relatives, who shall perform that duty, in the following order: The father shall be first required to maintain such poor person; if there be none, or he be not of sufficient ability, then the children of such poor person; if there be none, or they be not of sufficient ability, then the mother. 17 B., 414. S4. If it shall appear that any such relative is unable wholly to maintain such poor person, but is able to contribute towards his support, the court may, in its discretion, direct two or more relatives, of different degrees, to maintain such poor person, and shall prescribe the proportion which each shall contribute for that purpose; and if it shall appear that the relatives liable as aforesaid, are not of sufficient ability wholly to maintain such poor person, but are able to contribute something, the court shall direct the sum, in proportion to their ability, which such relatives shall pay weekly for that purpose. TITLE L [615] Order of $ 5. Such order may specify the time during which the relatives aforesaid shall maintain such poor person, or during court. which any of the said sums so directed by the court shall be paid, or it may be indefinite, and until the further order of the court. The court may from time to time, vary such order, whenever circumstances shall require it, on the application, either of any relative affected thereby, or of any overseers of the poor of the town, upon fourteen days' notice being given. $6. The costs and expenses of such application, shall be How enascertained by the court, and paid by the relatives against costs. whom any order may be made; and the payment thereof, and obedience to the order of maintenance, and to any order for the payment of money, may be enforced by process of attachment. forced; Overseers.. $ 7. If any relative who shall have been required, by such Suits by order, to relieve or maintain any poor person, shall neglect to do so, in such manner as shall be approved by the overseers of the poor of the town where such poor person may be, and shall neglect to pay to such overseers weekly the sum prescribed by the court for the support of such poor person, the said overseers may maintain an action, as for monies had and received, against such relative, and shall recover therein the sum so prescribed by the said court for every week the said order shall have been disobeyed, up to the time of such recovery, with costs of suit, for the use of the poor. 1 R. L., 288, § 21; Laws of 1821, 114, § 4; 18 B., 100; 17 B., 410. 8. Whenever the father, or mother being a widow or Father, &c.,. living separate from her husband, shall abscond from their absconding. children, or a husband from his wife, leaving any of them chargeable or likely to become chargeable upon the public for their support, the overseers of the poor of the town where such wife or children may be, may apply to any two justices of the peace of any county in which any estate, real or personal, of the said father, mother, or husband, may be situated, for a warrant to seize the same. Upon due proof of the facts aforesaid, the said justices shall issue their warrant, authorising the said overseers to take and seize the goods, chattels, effects, things in action, and the lands and tenements of the person so absconding. 1 R. L., 238, § 22; 23 B., 236; 21 W., 182. warrant. $9. By virtue of such warrant, the said overseers may seize Effect of and take the said property, wherever the same may be found, in the same county; and shall be vested with all the right and title to the said property, which the person so absconding had, at the time of his or her departure. All sales and transfers of any personal property left in the county from which such TITLE 1. Duty of overseers. [616] Proceed eral sions. person absconded, made by him, after the issuing of such warrant, whether in payment of an antecedent debt, or for a new consideration, shall be absolutely void. The overseers shall immediately make an inventory of the property so seized by them, and return the same, together with their proceedings, to the next court of general sessions of the peace of the county where such overseers reside, there to be filed. S 10. The said court, upon inquiring into the facts and ings by gen- circumstances of the case, may confirm the said warrant and seizure, or may discharge the same; and if the same be confirmed, shall, from time to time, direct what part of the personal property shall be sold, and how much of the proceeds of such sale, and of the rents and profits of the real estate, if any, shall be applied towards the maintenance of the children or wife of the person so absconding. Warrant when justice may 1 R. L., 288, § 22; 23 B., 236. S 11. If the party against whom such warrant shall issue, return and support the wife or children so abandoned, or give discharge. security satisfactory to any two justices of the town, to the overseers of the poor of the town, that the wife or children so abandoned shall not become, or thereafter be, chargeable to the town or county, then such warrant shall be discharged, by an order of such justices, and the property taken by virtue thereof, shall be restored to such party. Powers and duties of Overseers. Ib. of county superintendents. Paupers to be relieved. $12. The overseers shall sell at public vendue, the property so ordered to be sold, and shall receive the rents and profits of the real estate of the person so absconding, and in those towns which are required to support their own poor, the overseers shall apply the same to the maintaining, bringing up and providing for the wife, child, or children so left and abandoned, and for that purpose shall draw on the county treasurer for the said proceeds, as herein after directed. They shall account to the court of general sessions of the peace, for all monies so received by them, and for the application thereof, from time to time, and may be compelled, by the said court, to render such account at any time. S 13. In those counties where all the poor are a charge upon the county, the superintendents of the poor shall be vested with the same powers, rights and authority, as are herein before given to the overseers of the poor of any town, in respect to compelling relatives to maintain paupers, and in respect to the seizure of the property of any parent absconding and abandoning his or her family, and shall be entitled to the like actions and remedies in their names, and shall perform the duties herein before required of overseers, and subject to the same obligations and control. $14. Every poor person who is blind, lame old, sick, impotent, or decrepit, or in any other way disabled, or enfeebled, so as to be unable by his work to maintain himself, shall be maintained by the county or town in which he may be, accord- TITLE 1. ing to the following provisions. 3 W., 193. perintend S 15. It shall be the duty of the boards of supervisors County suwithin the several counties of this state, except the county of ents to be New York, within one year after this title becomes a law, to appointed. appoint not less than three, or more than five, discreet free- [617] holders of their respective counties, to be superintendents of the poor within such county, who shall hold their offices for one year, and until others shall be appointed in their places, and who shall take the oath prescribed in the constitution. A majority of the persons so appointed shall be at all times. competent to transact business, and to execute any powers vested in the board of superintendents. They shall be allowed such sum for their actual attendance and services, as the board of supervisors of their county shall deem reasonable.* Laws of 1824, 382; see Laws of 1835, ch. 299; 1832, ch. 292; 1847, ch. poration. duties. $16. They shall be a corporation by the name of the Super- To be a corintendents of the Poor of the county for which they shall be Powers and appointed, and shall possess the usual powers of a corporation for public purposes; they shall meet as often as the supervisors of the county shall direct, at the county poor-house, if there be one, or at the place of holding courts in their county, or at one of the places of holding courts, if there be more than one, and at such other times and places as they shall think expedient: they shall have a general superintendence and care of the county poor who may be in their respective counties; and shall have power, and it shall be their duty, 1. To provide suitable places for the keeping of such poor, To provide when so directed by the supervisors of any county, where places, &c. houses for that purpose have not been erected by the county; and for that purpose, to rent a tenement or tenements, and land not exceeding fifty acres, and to cause the poor of the county to be maintained in such places: rules, &c. 2. To establish and ordain prudential rules, regulations and To make by-laws, for the government and good order of such places so provided, and of the county poor-houses, and for the employment, relief, management and government of the persons therein placed; but such rules and regulations shall not be valid, until sanctioned by a majority of the judges of the county courts of such county in writing: keepers, &c. 3. To employ suitable persons to be keepers of such houses To employ or places, and all necessary officers and servants, and to vest such powers in them for the government of such houses as shall be necessary, reserving to the paupers who may be placed under the care of such keepers, the right of appeal to the superintendents: By Laws of 1853, ch. 80, it is enacted that no supervisor or county treasurer shall be appointed superintendent, nor any superintendent be appointed keeper of the poor house. I. — 72 TITLE 1. To purchase material, &c. Allowance for bringing 4. In the counties where a poor-house is erected, or other place provided for the poor, to purchase the furniture, implements, and materials that shall be necessary from time to time for the maintenance of the poor therein, and their employment in labor or manufactures, and to sell and dispose of the proceeds of such labor as they shall deem expedient: 5. To prescribe the rate of allowance to be made to any paupers, &c. persons for bringing paupers to the county poor-house or place provided for the poor, subject to such alterations as the board of supervisors may, by a general resolution, make: [618] Payment of such allow ance. To decide disputes respecting settlements. To direct and commence suits. To draw on county 6. To authorise the keepers of such houses or places so provided, to certify the amount due to any person for bringing such paupers; which amount shall be paid by the county treasurer, on the production of such certificate, countersigned and allowed by any two superintendents: 7. To decide any dispute that shall arise concerning the settlement of any poor person, summarily, upon a hearing of the parties; and for that purpose, to issue subpoenas to compel the attendance of witnesses, and to administer oaths to them in the same manner, with the like power to enforce such process as is given to justices of the peace in any matter cognizable by them: their decisions shall be filed in the office of the county clerk within thirty days after they are made, and shall be conclusive and final upon all parties interested: 8. To direct the commencement of suits by any overseers of the poor who shall be entitled to prosecute for any penalties, or upon any recognizances, bonds, or securities taken for the indemnity of any town or of the county; and in case of the neglect of any such overseer, to commence and conduct such suits, without the authority of such overseers, in their names: 9. To draw from time to time on the county treasurer for surer. trea- all necessary expenses incurred in the discharge of their duties, which drafts shall be paid by him out of the monies placed in his hands for the support of the poor: To account. To pay over monies. County poor houses. 10. To render to the board of supervisors of their county, at their annual meeting, an account of all monies received and expended by them, or under their direction, and of all their proceedings: 11. To pay over all monies remaining in their hands, within fifteen days after the expiration of their office, to the county treasurer, or to their successors. Laws of 1824, 382; 11 B., 119; 8 Pai., 409; Laws of 1831, ch. 277; see Laws of 1832, ch. 26. $ 17. The board of supervisors of any county in this state, in which a county poor-house is not already erected, may, at any annual or special meeting thereof, determine to erect such house for the reception of the poor of their county; and upon filing such determination with the clerk of the county, they may direct the superintendents of the poor of such county to purchase one or more tracts of land not exceeding two hun |