TITLE 1. limited. dred acres, and to erect thereon one or more suitable buildings [619] tendents of houses. § 18. The superintendents of county poor-houses, that have Superinbeen erected, or shall be erected pursuant to any law, shall be county poor superintendents of the poor of their counties respectively, and shall possess all the powers and be subject to all the regulations herein before specified in relation to such superintendents. ney-when to county $19. All monies which shall be received by the commis- Excise mo sioners of excise in any town or city, of any county in which to be paid the supervisors shall have determined to abolish the distinction treasurer. between town poor and county poor, shall be by them paid over to the county treasurer, within thirty days after the receipt thereof; and they shall at the same time deliver a certified copy of the resolutions of the board of excise, by which the sum to be paid for licenses by grocers, tavernkeepers or others, shall be fixed. Any commissioner of Penalty. excise neglecting the said duty, or any part thereof, shall forfeit fifty dollars, to be recovered by and in the name of the superintendents of the poor of the county; and shall also be liable to an action by and in the name of the county treasurer, for all monies received by them, with the interest thereon from the time the same should have been paid over. other mo ed by over seers. $20. All monies which shall be collected by overseers of Also all the poor of any town in a county where the poor are all a nies receivcounty charge, from the relatives of any poor person bound to contribute to his support; or from the sale of any personal property, or the rents and profits of the real property, of any person who shall abscond, leaving a wife or children; or received for any fines, penalties or forfeitures, which by law are directed to be applied to the support of the poor; or collected on any bond or other security that shall be given for the benefit or indemnity of any town, or of the overseers or inhabitants of such town; and all other monies which shall be received by such overseers in their official capacity, shall be by them paid over within thirty days after the receipt of the same, to the county treasurer, for the benefit of the poor; and if not so paid, the same may be recovered in an action to Penalty. be brought by and in the name of the county treasurer, with interest, at the rate of ten dollars on the hundred, for a year, from the time the same should have been paid. 16 How. P. R., 260. J TITLE 1. Notice of tion of su &c. S21. In those counties where the supervisors shall deterdetermina- mine to abolish the distinction between town poor and pervisors, county poor, and to have all the poor a county charge, it shall be the duty of the clerk of the board of supervisors, immediately to serve notice of such determination on the overseers of the poor of every town in the county. Within three months after the service of such notice, the overseers of the poor of every town, shall pay over all monies which shall remain in their hands, after discharging all demands against them as such overseers, to the county treasurer, to be applied by him towards the future taxes of such town. In case of neglect to pay over such monies, the county treasurer may maintain an action therefor, in which he shall recover interest on the monies withheld, from the time they should have been paid over. [620] Excise money, &c., in ties. $22. In those counties in which the distinction between other coun- county poor and town poor prevails, the excise money collected in any town, and all penalties given by law to the overseers of the poor, when received, shall be applied to the use of the poor of the town in which such money and penalties shall be collected. Poor to be a county charge in certain counties. When to become so in ties. Laws of 1828, 170, § 6. $23. In the counties of Warren, Washington, Saratoga, and Genesee, poor persons entitled to support as aforesaid, shall be maintained at the expense of the said counties respectively; and all costs and charges attending the examinations, conveyance, support, and necessary expenses of paupers within the said counties respectively, shall be a charge upon the said counties, without reference to the number or expenses of paupers which may be sent to the poor-house of said counties, from or by any of the towns therein. The said charges and expenses shall be reported by the superintendents of the poor of the said counties, to the boards of supervisors therein respectively, and shall be assessed, levied and collected of and upon the taxable real and personal estate in the said counties, in the same manner as other county charges. Laws of 1827, 195; 1826, 134. $ 24. The board of supervisors of any county in this state, other coun- at any annual meeting, or at any special meeting called for that purpose, may determine to abolish all distinction between county poor and town poor in their counties respectively, and to have the expense of maintaining all the poor a county charge; and upon their filing such determination, duly certified by the clerk of the board, with the county clerk, the said poor shall be maintained, and the expense thereof defrayed in the manner prescribed in the preceding section relative to the counties of Warren, Washington, Saratoga and Genesee. 2 D., 179. Notice to be given. S25. When the supervisors of any county shall have determined to abolish the distinction between county poor and town poor, the clerk of the board shall serve a copy of the resolution making such determination, upon the clerk of each town, village or city, within such county. Laws of 1828, 170, § 3, 4 & 5; 2 D., 179. $26. After such resolution shall be served, it shall be the duty of the commissioners of excise in the several towns of such county, and of the officers of every city and village therein, to pay over to the treasurer of the county all monies which shall thereafter be received for licenses to tavernkeepers, retailers or grocers, and all monies which shall be recovered as penalties, for violating the excise laws, or any other laws, and which are directed to be paid to the overseers of the poor. Laws of 1828, 170, § 3, 4 & 5; 12 How. P. R., 206. TITLE 1. Excise mo be paid to surer. ney. &c., to county trea [621] how com S 27. If any person having in his hands any monies directed Payment, to be paid to the county treasurer by the preceding section, pelled. shall neglect or refuse to pay the same within thirty days after demand thereof, the county treasurer may maintain an action in his name of office for the recovery thereof, together with interest from the time of such demand. other coun supported $28. In all the other counties of this state, except the Poor of counties of Warren, Washington, Saratoga, Genesee, and those ties, how counties of which the board of supervisors shall file the determination aforesaid, the poor having a settlement in any town in such county, shall be supported at the expense of such town, and the poor not having such settlement shall be supported by the county in which they may be. ments, how $29. Every person of full age, who after this chapter shall Settlecommence and take effect shall be a resident and inhabitant gained. of any town for one year, and the members of his family who shall not have gained a separate settlement, shall be deemed settled in such town. A minor may be emancipated from his or her father, and may gain a settlement, 1. If a female, by being married and living for one year with her husband, in which case the husband's settlement shall determine that of the wife: 2. If a male, by being married and residing for one year separately from the family of his father: 3. By being bound as an apprentice, and serving one year by virtue of such indentures: Minors. women. 4. By being hired and actually serving for one year for Married wages to be paid to such minor. A woman of full age, by marrying, shall acquire the settlement of her husband, if he have any. And until a poor person shall have gained a settlement in his own right, his settlement shall be deemed that of his father or mother; but no child born in any place used and occupied as a residence for the poor of any town, city or county, shall gain any settlement merely by reason of the place of such birth; nor shall any child born while the mother TITLE 1. is a county pauper, gain any settlement by reason of the place Qualifica section. of its birth. Laws of 1830, ch. 320, § 8; 2 Cow., 537; 19 J. R., 237; 14 J. R., 366. $30. But no residence of any person as a pauper, in the tion of last county poor-house, or place provided for the support of the poor, or in any town while supported at the expense of any other town or county, shall operate to give such pauper a settlement in the town where such actual residence may be had. [622] to be re $31. No person shall be removed as a pauper from any city Paupers not or town to any other city or town of the same or any other moved, how county, nor from any county to any other county; but every poor person shall be supported in the town or county where he may be, as follows: supported. Proceedings to de termine set tlement of pauper. Ib. 1. If he had gained a settlement in any town in such county, he shall be maintained by such town: 2. If he hath not gained a settlement in the county in which he shall become poor, sick or infirm, he shall be supported and relieved by the superintendents of the poor, at the expense of the county: 3. If such person be in a county where the distinction between town and county poor is abolished, he shall in like manner be supported at the expense of the county, and in both the cases aforesaid, proceedings for his relief shall be had as herein after directed: 4. If such pauper be in a county where the respective towns are liable to support their poor, and hath gained a settlement in some other town of the same county than that in which he may then be, he shall be supported at the expense of the town where he may be, and the overseers shall give notice in writing to the overseers of the town to which such pauper shall belong, or to one of them, requiring them to provide for the relief and support of such pauper. 8 Pai., 410; 15 N. Y., 342; 7 J. R., 94. S32. If within ten days after the service of such notice, the overseers to whom the same was directed shall not proceed to contest the allegation of the settlement of such pauper, by giving the notice herein after directed, they, their successors, and the town which they represent, shall be forever precluded from contesting or denying such settlement. They may, within the time aforesaid, give notice in writing to the overseers of the town where such pauper may be, that they will appear before the county superintendents, at a place and on a day therein to be specified, which day shall be at least ten days, and not more than thirty days from the time of the service of such notice, to contest the said alleged settlement. 15 N. Y., 341. $33. The county superintendents shall convene whenever required by any overseers pursuant to such notice, and shall proceed to hear and determine the controversy, and may award costs not exceeding ten dollars, to the prevailing party, which may be recovered in any action before a court of competent jurisdiction. The decision of the superintendents shall be TITLE 1. compelled [623] final and conclusive. S34. The overseers of the poor of the town in which it Towns how may be alleged any pauper has gained a settlement, may at to support any time after receiving such notice requiring them to provide paupers. for such pauper, take and receive such pauper to their town and there support him. If they omit to do so, or shall fail to obtain the decision of the county superintendents, so as to exonerate them from the maintenance of such pauper, the charge of giving such notice, and the expenses of maintaining such pauper, after being allowed by the county superintendents, shall be laid before the board of supervisors at their annual meetings, from year to year, as long as such expenses shall be incurred; and the supervisors shall annually add the amount of the said charges to the tax to be laid upon the town to which the pauper belongs, together with such sum in addition thereto, as will pay the town incurring such expenses, the lawful interest thereon, from the time of expenditure to the time of repayment, which sums shall be assessed, levied and collected, in the same manner as the other contingent charges of such town. The said monies when collected, shall be paid to the county treasurer, and be by him credited to the account of the town which incurred the said expenses. 15 N. Y., 344. ings to de who are $35. The support of any pauper shall not be charged to Proceedthe county without the sanction of the superintendents. If a termine pauper be sent to the county poor-house, or place provided w county for the poor, as a county pauper, the superintendents in those paupers. counties where the respective towns are required to support their own poor, shall immediately inquire into the fact, and if they are of opinion that such pauper has a legal settlement in any town of the said county, they shall, within thirty days after such pauper shall have been received, give notice to the overseers of the poor of the town to which such pauper belongs, that the expenses of his support will be charged to such town, unless the said overseers, within such time as the said superintendents shall appoint, not less than twenty days thereafter, show that such town ought not to be so charged. And on the application of the said overseers, the superintendents shall re-examine the matter, and take testimony in relation thereto, and shall finally decide the question; which decision shall be conclusive. ties where poor $36. In those counties where no county poor-house or Ib. in counother place is provided, no person shall be supported as a there are no county pauper, without the direction of at least one superin- houses. tendent. In such cases the overseers of the poor of the town where such person may be, shall immediately give notice to one of the superintendents, who shall inquire into the circum |