TITLE 1 Reports by county sup erintend ents to sec retary of state. Reports by therefrom, to the support of the poor of their town, so long as such town shall be liable to support its own poor; and if the town shall be relieved from the liability to support its own poor, by a vote of the supervisors of the county, the monies so raised and invested, shall be applied to the payment of such taxes upon the town, as the inhabitants thereof shall, at an annual town meeting, determine. $75. It shall be the duty of the superintendents of the poor of every county in this state, during the month of December, in each year, to report to the secretary of state, in such form as he shall direct, the number of paupers that have been relieved or supported in such county the preceding year, distinguishing the number of county paupers from the number of town paupers, if any; the whole expense of such support, specifying the amount paid for transportation of paupers, and any other items which do not compose any part of the actual expense of maintaining the paupers, and the allowance made to superintendents, overseers, justices, keepers and officers; the actual value of the labor of the paupers maintained, and the estimated amount saved in the expense of their support, in consequence of their labor. See Laws of 1842, ch. 214. $76. It shall be the duty of the supervisors of every town supervisors in those counties where all the poor are not a county charge, supporting to report to the clerk of the board of supervisors, within fifteen of towns their own poor. Duty of clerk of supervisors, Penalty for neglect and port. days after the accounts of the overseers of the poor have been settled by the board of town auditors, in each year, an abstract of all such accounts for the preceding year, which shall exhibit the number of paupers that have been relieved or supported in such town, the preceding year, specifying the number of county paupers, and of town paupers, the whole expense of such support, and specifying the allowance made to overseers, justices, constables, or other officers, and any other items which shall not comprise any part of the actual expense of maintaining the paupers. $77. The said abstracts shall be delivered by the clerk of the board of supervisors, to the county superintendents, to be included by them in their report aforesaid. $ 78. Any superintendent, supervisor, or clerk, who shall for false re- neglect or refuse to make such reports, abstracts, or copies aforesaid, or who shall wilfully make any false report, abstract, or copy, shall forfeit one hundred dollars, to be recovered by the district attorney of the county, in the name of the people of this state, and to be paid into the county treasury, for the benefit of the poor thereof. The secretary of state shall give notice to the district attorney of the county, of every such neglect or misconduct; and it shall be the duty of the district attorney, on receiving such notice, or in any way receiving satisfactory information of such neglect or misconduct, to prosecute for the recovery of such penalties. TITLE 2. Reports by $ 79. The secretary of state shall annually lay before the legislature, during the first month of its session, an abstract secretary of of the said returns and reports. state. when to monies. $80. In those counties where there is no county poor-house Overseers, or other place provided for the reception of the poor the disburse monies raised and collected in the several towns for the support of the poor shall be received and disbursed by the overseers of the poor in such towns respectively. Excise money to overseers, S 81. It shall be the duty of the commissioners of excise of the several towns in those counties where there is no county be paid to poor-house or other place provided for the reception of the poor, to pay to the overseers of the poor in their respective towns, all monies received by them by virtue of their offices. S 82. In those counties where no county poor-house or other lb. Laws of 1830, ch. 320, § 9; see Laws of 1831, ch. 277; 1829, ch. 352; TITLE II. OF BEGGARS AND VAGRANTS. SEC. 1. Who are to be deemed vagrants. jail. 2. Constables, to carry vagrants before magistrates. 3. Authority of magistrate; when to commit vagrant to poor-house, when to tion of va 4. Children begging, to be sent to poor-house, and may be bound out. S 1. All idle persons who, not having visible means to Enumeramaintain themselves, live without employment; all persons grants. wandering abroad and lodging in taverns, groceries, beerhouses, out-houses, market-places, sheds or barns, or in the open air, and not giving a good account of themselves; all persons wandering abroad and begging, or who go about from door to door, or place themselves in the streets, highways, passages, or other public places, to beg or receive alms, shall be deemed vagrants. 1 R. L., 114, § 1; 19 How. P. R, 458. trates. $ 2. It shall be the duty of every constable or other peace To be officer, whenever required by any person, to carry such fore magisvagrant before a justice of the peace of the same town, or [633] before the mayor, recorder, or any one of the aldermen of the city in which such vagrant shall be, for the purpose of examination. Proceed $3. If such justice or other officer be satisfied by the con- ings. fession of the offender, or by competent testimony, that such TITLE 8. When va Bent to county poor house. When to jail. person is a vagrant, within the description aforesaid, he shall make up and sign a record of conviction thereof, which shall grant to be be filed in the office of the clerk of the county; and shall, by warrant under his hand, commit such vagrant, if he be not a notorious offender, and be a proper object for such relief, to the county poor-house, if there be one, or to the alms-house or poor-house of such town or city, for any time not exceeding six months, there to be kept at hard labor; or if the offender be an improper person to be sent to the poor-house, then he shall be committed to the bridewell or house of correction of such city or county, if there be one, and if none, to the common jail of such county, for a term not exceeding sixty days, there to be kept, if the justice think proper so to direct, upon bread and water only, for such time as shall be directed, not exceeding one half the time for which he shall be committed. Children begging dealt with. 1 R. L., 114, § 1; Laws of 1824, 384. S 4. If any child shall be found begging for alms, or solicithow to be ing charity from door to door, or in any street, highway, or public place of any city or town, any justice of the peace, on complaint and proof thereof, shall commit such child to the county poor-house, if there be one, or to the alms-house or other place provided for the support of the poor, there to be detained, kept, employed and instructed in such useful labor as such child shall be able to perform, until discharged therefrom by the county superintendents of the poor, or bound out as an apprentice by them, or by the commissioners of the alms-house, or the overseers of the poor. [634] Lunatics Laws of 1821, 182, § 3; 1824, 384, § 4; see Laws of 1845, ch. 3; 1855 ch. 268. TITLE III. OF THE SAFE KEEPING AND CARE OF LUNATICS. SEC. 1. Committees of a lunatic, to confine and maintain him. 2. If he has not property, relatives to confine and support him. 3. Powers of overseers of poor to compel relatives to confine him. 4. Lunatics how to be secured and where confined. 5. Duty of overseers to procure suitable place. 6. When lunatics may be confined in jails. 7. Not to be confined with criminals. 8. Two justices may apprehend lunatic. 9. Superintendents and overseers may send lunatics to asylum in New-York. 10. Expense, how defrayed. 11. Penalty for confining lunatics otherwise than as herein directed. 12. Powers of chancellor respecting lunatics, not affected. 13. Proceedings to compel committees to confine and support him. 14. County superintendents to have the same powers as overseers. $1. When any person, by lunacy or otherwise, becomes having pro- furiously mad, or so far disordered in his senses as to endanger perty, to be his own person, or the person or property of others, if per&c. by mitted to go at large, who is possessed of sufficient property mittees. to maintain himself, it shall be the duty of the committee of confined, their com his person and estate, to provide a suitable place for the confinement of such person, and to confine and maintain him in such manner as shall be approved by the overseers of the poor of the city or town. 31 B., 473. TITLES. property, to &c., by cer $2. If such person is not possessed of sufficient proper- Not having ty to maintain himself, it shall be the duty of the father be confined, and mother, and the children of such person, being of suf- tain rolafficient ability, to provide a suitable place for his confinement, and to confine and maintain him in such manner as shall be approved by the overseers of the poor of the city or town. Laws of 1827, 319, § 5. tives. enforced. $ 3. The overseers of the poor shall have the same remedies Duty, how to compel such relatives to confine and maintain such lunatic or mad person, and to collect the costs and charges of his confinement, as are given by law in the case of poor and impotent persons becoming chargeable to any town. how se S4. In case of the refusal or neglect of any committee of Lunatics, such lunatic or mad person, or of his relatives, to confine and cured. maintain such person as aforesaid; or when there is no such committee or relative of sufficient ability; it shall be the duty of the overseers of the poor of the city or town where any lunatic or mad person shall be found, to apply to any two justices of the peace of the same city or town, who, upon being satisfied upon examination, that it would be dangerous to permit such lunatic to go at large, shall issue their warrant directed to the constables and overseers of the poor of such city or town, commanding them to cause such lunatic or mad person to be apprehended, and to be safely locked up and confined in such secure place as may be provided by the overseers of the poor, to whom the same shall be directed, within the town or city of which such overseers may be officers, or within the county in which such city or town may be situated, or in the county poor-house in those counties where such houses are established, or in such private or public asylum as may be approved by any standing order or resolution of the supervisors of the county in which such city or town may be situated, or in the lunatic asylum in the city of New-York. Laws of 1827, 319; 1 R. L., 116; Laws of 1838, ch. 218. overseers. $ 5. It shall be the duty of the overseers of the poor to Duty of whom such warrant shall be directed, to procure a suitable place for the confinement of such lunatic as therein directed, pursuant to the preceding section. Laws of 1827, 319, § 1. when luna $ 6. No person who, by reason of lunacy or otherwise, is How and furiously mad, or so far disordered in his mind as to be tics may be dangerous if permitted to go at large, shall be committed as confined in a disorderly person, to any prison, jail, house of correction [635] jails. TITLE 3. In what manner and for what confined. or confined therein, unless an agreement shall have been senses, Laws of 1827, 319, § 4. $ 7. No such lunatic or mad person, or person disordered in his shall be confined in the same room with any person time to be charged with or convicted of any crime; nor shall such person be confined in any jail more than four weeks, and if he continue furiously mad or dangerous, he shall be sent to the asylum in New-York, or to the county poor-house or almshouse, or other place provided for the reception of lunatics, by the county superintendents. Powers of two justices Laws of 1827, 319, § 2 & 3. S 8. Any two justices of the peace of the city or town in securing where any such lunatic or mad person shall be found, may, lunatics. without the application of any overseers of the poor, and upon their own view, or upon the information or oath of others, whenever they deem it necessary, issue their warrant for the apprehension and confinement of such lunatic or mad person, as aforesaid. Lunatics to Ñ. Y. asylum. 1 R. L., 116, § 6. $9. The county superintendents of the poor of any county, may be sent and any overseers of the poor of any town, to which any person shall be chargeable, who shall be or become a lunatic, may send such person to the lunatic asylum in the city of New-York, by an order under their hands. Expense thereof and support S 10. The expense of sending any lunatic to the asylum at of lunatic's New-York, and of supporting him there, shall be defrayed by the county or town to which he may be chargeable; if chargeable to a county, or to any town whose poor monies are required to be paid into the county treasury, such expense shall be paid by the county treasurer, out of the funds appropriated to the support of the poor belonging to such county or town, after being allowed and certified by the county superintendents. If such lunatic be chargeable to a town, whose poor monies are not required to be paid into the county treasury, such expense shall be paid by the overseers of the poor thereof. Penalty for confining lunatics, &c. Powers of chancery not to be affected. $ 11. Any overseer of the poor, constable, keeper of a jail, or other person, who shall confine any such lunatic or mad person, in any other manner or in any other place than such as are herein prescribed, shall be deemed guilty of a misdemeanor; and on conviction, shall be liable to a fine not exceeding two hundred and fifty dollars, or to imprisonment not exceeding one year, or to both, in the discretion of the court before which the conviction shall be had. S 12. None of the foregoing provisions shall be deemed to restrain or abridge the power and authority of the chancellor, concerning the safe-keeping of any lunatics, or the charge of their persons or estates. 1 |