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TITLE 6.

of overseers

$57. Until the county superintendents take charge of and Until they provide for the support of such bastard and its mother so do so, duty chargeable to the county, the overseers of the poor of the town shall maintain and provide for them; and for that purpose, the same proceedings shall be had as for the support of a pauper chargeable to the county, who can not be conveniently removed to the county poor-house.

Mother and

ed by over

whether

to town or

$ 58. Where a woman shall be pregnant of a child likely bastard to to be born a bastard, or to become chargeable to a town, or be supportwhere a bastard shall be born chargeable, or likely to become Beers chargeable to a town, the overseers of the poor of the town chargeable where such bastard shall be born, or be likely to be born, not. whether the mother have a legal settlement therein or not, shall provide for the support of such child and the sustenance of its mother, during her confinement and recovery therefrom, in the same manner as they are authorised by law to provide for and support the poor of their town.

[654]

Money re

bastard,

applied:

accounted

S59. Where any money shall be paid to any overseers, pursuant to the order of any two justices, by any putative ceived from father, or by the mother of any bastard, the said overseers parents of may expend the same directly in the support of such child, how to be and the sustenance of its mother as aforesaid, without paying how to be the same into the county treasury. They shall annually for account, on oath, to the board of town auditors, at the same time that other town officers are required to account, for expenditures of all monies so received by them, and shall pay over the balance in their hands, to their successors in office, at the same time, and under the like penalties, as are provided by law, in respect to the poor monies in their hands. When re$ 60. All monies which shall be ordered to be paid by the ceived on putative father, or by the mother of a bastard chargeable to account of any county, shall be collected for the benefit of such county; chargeable and all overseers of the poor, superintendents, sheriffs, and how to be other officers, shall, within fifteen days after the receipt of any such monies, pay the same into the county treasury. Upon neglect of any of the said officers to make such payment, they shall be liable to an action by and in the name of the county treasurer, for all monies so received and withheld, with interest from the time of the receipt, at the rate of ten dollars upon the hundred dollars; and shall forfeit a sum equal to that so withheld, to be sued for and recovered by and in the name of the county treasurer.

$61. Whenever any dispute shall arise concerning the legal settlement of the mother of a bastard, or of a child born or likely to be born a bastard, in any town, the same shall be determined by the board of county superintendents of the poor, upon a hearing of the parties interested, in the same manner as they are authorised to determine the settlement of any poor person.

bastard

to county,

disposed of.

Settlement of bastards, how deter

mined,

Proceed

S62. Where a bastard shall be born, or be likely to be born ings for in one town, when the legal settlement of the mother is in that pur

pose.

[blocks in formation]

Mother and bastard,

supported.

executors or administrators.
into, to appear at the next general sessions of the peace, no
action shall be brought on any such order, until the same
shall have been affirmed by the said general sessions.

But when a bond is entered

S52. If the putative father or mother of any bastard, or of any child likely to be born a bastard, and to become chargeable, shall run away from the place of their ordinary residence, leaving such bastard or child chargeable, or likely to become chargeable to the public, the overseers of the poor of the town, or the superintendents of the poor of the county, where any such bastard shall be born or be likely to be born, may apply to any two justices of the peace of the county where any estate, real or personal, of the putative father or mother of such bastard shall be, for authority to seize and take such real and personal estate. Upon due proof being made, to the satisfaction of such justices, of the said facts, they shall issue their warrant, in the same manner as is provided in the first Title of this Chapter, in relation to parents absconding and leaving their children chargeable; and the same proceedings, in all respects, shall be had thereon, and the overseers and superintendents shall account to the general sessions, in the manner therein provided.

1 R. L., 309, § 8.

$ 53. The mother of every bastard, who shall be unable to how to be support herself during her confinement and recovery therefrom, and every bastard, after it is born, shall be supported as other paupers are required to be supported by law, at the expense of the town where such bastard shall be born, if the mother have a legal settlement in such town, and it be required to support its own poor; if the mother have a settlement in any town of the same county, which is required to support its own poor, then at the expense of such town; in all other cases, they shall be supported at the expense of the county where such bastard shall be born.

Mother not to be removed

without her consent.

When overseers to notify superintend ents of cases of bastardy.

Superintendents to support

mother and child.

$54. Such mother and her child shall not be removed from any town to any other town in the same county, nor from one county to any other county, in any case whatever, unless voluntarily taken to the county or town liable for their support, by the county superintendents of such county or the overseers of the poor of such town.

$55. The overseers of the poor of any town where a woman shall be pregnant of a child likely to be born a bastard, or where a bastard shall be born, which child or bastard shall be chargeable, or likely to become chargeable to the county, shall, immediately on receiving information of such fact, give notice thereof to the county superintendents, or one of them.

$56. The county superintendents shall provide for the support of such bastard and its mother, in the same manner as for the poor of such county.

TITLE 6.

Until they

of overseers

$57. Until the county superintendents take charge of and provide for the support of such bastard and its mother so do so, duty chargeable to the county, the overseers of the poor of the town shall maintain and provide for them; and for that purpose, the same proceedings shall be had as for the support of a pauper chargeable to the county, who can not be conveniently removed to the county poor-house.

bastard to

ed by over

whether

to town or

$ 58. Where a woman shall be pregnant of a child likely Mother and to be born a bastard, or to become chargeable to a town, or be supportwhere a bastard shall be born chargeable, or likely to become seers chargeable to a town, the overseers of the poor of the town chargeable where such bastard shall be born, or be likely to be born, not. whether the mother have a legal settlement therein or not, shall provide for the support of such child and the sustenance of its mother, during her confinement and recovery therefrom, in the same manner as they are authorised by law to provide for and support the poor of their town.

(654)

Money re

bastard,

applied:

accounted

When re

$59. Where any money shall be paid to any overseers, pursuant to the order of any two justices, by any putative ceived from father, or by the mother of any bastard, the said overseers parents of may expend the same directly in the support of such child, how to be and the sustenance of its mother as aforesaid, without paying how to be the same into the county treasury. They shall annually for. account, on oath, to the board of town auditors, at the same time that other town officers are required to account, for expenditures of all monies so received by them, and shall pay over the balance in their hands, to their successors in office, at the same time, and under the like penalties, as are provided by law, in respect to the poor monies in their hands. $ 60. All monies which shall be ordered to be paid by the ceived on putative father, or by the mother of a bastard chargeable to account of any county, shall be collected for the benefit of such county; chargeable and all overseers of the poor, superintendents, sheriffs, and other officers, shall, within fifteen days after the receipt of any such monies, pay the same into the county treasury. Upon neglect of any of the said officers to make such payment, they shall be liable to an action by and in the name of the county treasurer, for all monies so received and withheld, with interest from the time of the receipt, at the rate of ten dollars upon the hundred dollars; and shall forfeit a sum equal to that so withheld, to be sued for and recovered by and in the name of the county treasurer.

bastard

to county,

how to be

disposed of.

mined,

$61. Whenever any dispute shall arise concerning the legal Settlement settlement of the mother of a bastard, or of a child born or how deterlikely to be born a bastard, in any town, the same shall be determined by the board of county superintendents of the poor, upon a hearing of the parties interested, in the same manner as they are authorised to determine the settlement of any poor person.

Proceed

$62. Where a bastard shall be born, or be likely to be born ings for in one town, when the legal settlement of the mother is in that pur

pose.

TITLE 6.

Proceed

ings.

Ib.

[655]

Order of justice to fix sum to

ed for bas

in certain cases.

another town of the same county, which is required by law to support its own poor, the overseers of the poor of the town where such bastard shall be born, or be likely to be born, shall give the like notice to the overseers of the town where the mother's settlement may be, as is required in the case of a person becoming a pauper, under the like circumstances; and the same proceedings shall be had in all respects, to determine the liability of such town, as in the case of paupers. $63. The overseers of the town to which the mother of such bastard belongs, may, before the confinement of such mother, or at any time after the expiration of two months after her delivery, if her situation will permit it, take and support such mother and her child.

$64. If they omit to do so, and fail to obtain the determination of the county superintendents in their favor on the question of settlement, the town to which the mother belongs, shall be liable to pay all the expenses of the support of such bastard, and of its mother during her confinement and recovery therefrom; which expenses, after being allowed by the county superintendents, shall be assessed, together with the lawful interest on the monies expended, on the town to which such mother belongs, and shall be collected in the same manner as provided for poor persons supported under the same circumstances; and the monies so collected, shall be paid to the county treasurer, for the benefit, and to be credited to the town which incurred the said expenses.

$65. In those cases where any town is required to support a bastard and its mother, whether the mother have a settlebe expend- ment in such town or not, and no monies shall be received from the putative father, or from the mother, to defray the expense of such support, the overseers of the poor shall apply to a justice of the peace, and obtain an order for the support of such bastard, and the sustenance of its mother, during her confinement and recovery therefrom, and the sum to be allowed therefor, in the same manner as is required in the case of paupers; and the monies paid, or contracted to be paid, by the overseer, pursuant to such order, shall be paid by the county treasurer, in the same manner as for paupers, and be charged to the town to whose officers such payment shall be made.

When bastard and

mother to

to county

$ 66. If there be a county poor-house, or other place provided for the reception of the poor, in any county where the be removed towns are required to support their own poor, the overseers poor house; of the poor of a town where a bastard shall be born, or shall be likely to be born, may, with the approbation of the county superintendents, or any two of them, and when the situation of the mother will allow it, remove the mother of such bastard, with her child, to such poor-house, or other place, in the same manner as paupers may be removed; the expense of which shall be defrayed in the like manner, and such mother and her child shall be considered as poor of the town so liable for

How sup ported there.

their support, and the expense shall in like manner be estimated and paid.

TITLE 7.

superinten

Overseers

$67. Any superintendents of county poor, and any overseer Penalty on of the poor of any town, whose duty it shall be to provide for dents and the support of any bastard and the sustenance of its mother, for neglect. who shall neglect to perform such duty, shall be deemed guilty of a misdemeanor; and shall, on conviction, be liable to a fine not exceeding two hundred and fifty dollars, or to imprisonment not exceeding one year, or to both.

ise with pu

fathers in

$68. The commissioners of the alms-house and bridewell Compromof the city of New-York, or any two of them, may make such tative compromise and arrangements with the putative fathers of New York. bastard children in the said city, relative to the support of such children, as they shall deem equitable and just, and thereupon may discharge such putative fathers from all liability for the support of such bastards.

Laws of 1815, 163.

[656]

constables

to deliver

them.

$ 69. Every constable or other officer, to whom any bond Penalty on of the putative father of a bastard, or of a child likely to be neglecting born a bastard, taken out of the county where the warrant over bonds was issued, shall be delivered as herein before directed, who received by shall neglect or refuse to deliver the same to the justice who issued such warrant, within fifteen days after the receipt of the same, shall forfeit the sum of twenty-five dollars, to be sued for and recovered by and in the name of any overseers of the poor, or county superintendents, at whose instance the said warrant was issued.

1 R. L., 307, § 4; 25 W., 620.

dorsing

Title, not

$70. No justice of the peace shall be liable to any infor- Justice enmation, indictment, action of trespass, or other action, by warrant reason of his having endorsed any warrant issued for the under this apprehension of the putative father of a bastard, or of a child liable. likely to be born a bastard, although it should afterwards appear that such warrant was illegally or improperly issued.

ings in case

$71. If any justice who shall have issued any warrant for Proceed the apprehension of the father of a bastard, or of a child of death, likely to be born a bastard, shall have died, vacated his office, &c., of jus or be absent on the return of such warrant, the constable who warrant. may apprehend such father, shall carry him before some other justice of the same town, who shall have the same authority to proceed therein, as the justice who issued such warrant. See Laws of 1832, ch. 26; 1838, ch. 202; 1828, ch. 6.

TITLE VII.

OF THE IMPORTATION INTO THIS STATE OF PERSONS HELD IN
SLAVERY, OF THEIR EXPORTATION, OF THEIR SERVICES,
AND PROHIBITING THEIR SALE.

SEC. 1. Persons held as slaves not to be brought into this state.

2. Last section not to discharge fugitives from other states.

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