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TITLE IX.

CHAPTER 38.

Board of supervisors may determine to erect

poor house, and direct superintendents to pur

chase land.

Tax to defray expenses of building, &c.

When poor per

ed to poor-house.

7. To direct the commencement of suits by any directors of the poor, who may be entitled to prosecute upon any recognizances, bonds or securities, taken for the indemnity of any township or of the county, and in case of the neglect of any such directors, to commence and conduct such suits, without the authority of such directors, in their names:

8. To draw from time to time on the county treasurer for all necessary expenses incurred in the discharge of their duties; which drafts shall be paid by him out of the moneys placed in his hands for the support of the poor:

9. To render to the board of supervisors of their county, at their annual meeting, an account of all moneys received and expended by them or under their direction, and of all their proceedings:

10. To pay over all moneys remaining in their hands to the county treasurer, within fifteen days after the expiration of their office.

SEC. 6. 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 three hundred and twenty acres, and to erect thereon one or more suitable buildings for the purpose aforesaid.

SEC. 7. To defray the expenses of such purchase and buildings, the said board of supervisors may raise, by tax on the taxable real and personal property within the same county, a sum not exceeding seven thousand dollars, in such instalments, and at such times as they may judge expedient; and such tax shall be raised, assessed and collected, in the same manner as the other county charges, and shall be paid by the county treasurer upon the order of the superintendents of the poor, to be applied for the purposes aforesaid.

SEC. 8. When any person shall apply for relief to any director of son to be remov- the poor, or to any superintendent, he shall inquire into the state and circumstances of the applicant, and if it shall appear that the person so applying is in such indigent circumstances as to require permanent relief and support, and can be safely removed, the director or superintendent shall, by a written order, cause such poor person to be removed to the county poor-house, to be relieved and provided for as his necessities may require.

To be received and relieved.

Expense of re

SEC. 9. Every such person so removed, shall be received by the keeper of the county poor-house, and shall be supported and relieved therein, under the direction of the superintendents, until it shall appear to them that such person is able to maintain himself, when the said superintendents may, in their discretion, discharge him.

SEC. 10. The expense of such removal shall be paid by the county moval, how paid. treasurer, on the certificate of the keeper, countersigned as aforesaid, at the rate which shall have been prescribed by the superintendents. SEC. 11. The directors of the poor shall be allowed such sums necessarily paid out, or contracted to be paid by them, for the relief or support of such pauper previous to such removal, as the superintendents shall judge were reasonably expended while it is improper to remove such pauper; which sums shall be paid by the county treasurer on the order of the superintendents.

Directors, when to be allowed moneys paid out by them.

SEC. 12. If it shall appear that any such poor person so applying

TITLE IX.

CHAPTER 38.

order amount to

for relief as aforesaid, requires only temporary relief, or is so sick, lame, or otherwise disabled that he cannot be safely or conveniently removed to the poor-house, and the application be made to a director, When justice to he shall apply to a justice of the peace of the same township, who be expended for shall examine into the facts and circumstances, and shall, in writing, temporary relief. order such sum to be expended for the temporary relief of such poor person as he shall deem the circumstances of the case to require.

to pay amount expended, &c.

SEC. 13. Such order shall entitle the director to receive any sum Connty treasurer which he may have paid out or contracted to pay within the amount therein specified, from the county treasurer; but no greater sum than twenty dollars shall be so expended or paid for the relief of any one person, or one family, without the sanction, in writing, of one of the superintendents of the poor of the county, which shall be presented to the county treasurer with the order of the justice.

Provision for support of idiots

SEC. 14. The superintendents may provide for the support of paupers that may be idiots or lunatics, out of the county poor-house, in and lunatics out such place, and in such manner as shall best promote the interests of of poor house. the county, and conduce to the comfort and recovery of such paupers.

removing pau

er.

SEC. 15. Any person who shall send, carry, transport, remove or Punishment for bring, or who shall cause or procure to be sent, carried, transported, per from one removed or brought, any poor or indigent person from any county, county to anothinto any other county, without legal authority, and there leave such poor person, or who shall entice such poor person so to remove, with intent to make any such county to which the removal shall be made, chargeable with the support of such pauper, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be imprisoned in the county jail not exceeding one year, or fined not exceeding two hundred dollars, or both, in the discretion of the court.

Paupers remov

to be maintained.

SEC. 16. The pauper so brought, removed or enticed, shall be maintained and provided for by the superintendents of the poor of the ed, &c., where county where he may be, and the said superintendents may give no- Notice may be tice to either of the superintendents of the poor of the county from given. which such pauper removed, or was brought or enticed, informing them of such improper removal, and requiring them forthwith to take charge of such pauper.

to pay expenses,

moval within

SEC. 17. The superintendents to whom such notice may be directed Superintendents shall, within thirty days after the service thereof, take and remove receiving notice such pauper to their county, and pay the expenses incurred in giving &c., or deny the such notice, and in maintaining such pauper from the time of his be- allegation of recoming a charge to the county in which he is maintained; or they twenty days. shall, within the time aforesaid, notify the superintendents from whom such notice was received, or either of them, that they deny the allegation of such improper removal or enticing.

tice is given omit

per, &c., they

SEC. 18. If the superintendents to whom a notice shall have been If superintend-' given as provided in the sixteenth section of this chapter, shall omit ents to whom noto take and remove such pauper, and also neglect to notify such de- to remove paunial within the time aforesaid, they shall be liable for said expenses and their successo long as such pauper shall remain a charge; and an action for such sors liable. expenses may be maintained from time to time by, and in the name of the superintendents incurring the same, or their successors in office, against the superintendents so made liable, and their successors in office.

SEC. 19. Upon receiving any such notice of denial as aforesaid, the superintendents upon whom the same may have been served, shall,

TITLE IX.

CHAPTER 38.

tice of denial, action to be com

within three months thereafter, commence an action against the superintendents of the poor of the county to whom the first notice was On receiving no directed, for the expenses of supporting such pauper, as for moneys paid, laid out and expended, and shall prosecute the same to effect; menced; conse- and if such action be not commenced within the time aforesaid, the quence of neglect. same shall be forever barred, and no action shall thereafter be brought for any expenses incurred in supporting or maintaining such pauper. SEC. 20. No supervisor of any township, prosecuting attorney of any county, county clerk, or county treasurer, shall be appointed to, or hold the office of superintendent of the poor.

Who not to be superintendent.

Keepers exempt

SEC. 21. The keeper of every poor-house shall be exempt from all from militia ser- service in the militia, and from serving on juries during the time he shall be such keeper.

vice, &c.

Places provided

by superintend

ents to be deem

SEC. 22. The places which shall be provided for the reception of the poor, by the county superintendents, pursuant to the provisions of ed poor-houses. this chapter, shall in all cases be deemed to be the county poor-house; and all the provisions of this chapter, applicable to county poorhouses, shall extend and apply to such places.

Education of

SEC. 23. The superintendents of the poor of each county shall pauper children. cause the paupers of such county, who may be over five and under sixteen years of age, to be taught and educated, in the same manner that other children are taught in the primary schools of this state, at least one-half of the time such paupers shall remain under their charge; and the expense thereof shall be paid in the same manner as other contingent expenses are paid for the support of such pau

Liability of person removing pauper from another state.

Magistrate may

pers.

SEC. 24. Any person who shall bring or remove, or cause to be brought or removed, any poor or indigent person, from any place without this state, into any county within it, with intent to make such county chargeable with the support of such paupers, shall forfeit and pay fifty dollars, to be recovered before any justice of the peace of the county into which such pauper shall be brought, or in which the offender may be; and shall also be obliged to convey such pauper out of the state, or support him at his own expense.

SEC. 25. It shall be lawful for the justice or court before whom such require security. person shall be convicted for a violation of the provisions of the preceding section, to require of such person satisfactory security that he will, within a reasonable time to be named by the justice or court, transport such person out of the state, or indemnify such county for all charges and expenses which may have been, or may be incurred in the support of such pauper; and if such person shall neglect or refuse to give such security when required, it shall be the duty of the justice or court, to commit him to the county jail for a term not exceeding three months.

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SEC. 26. All moneys which shall be received for licenses to tavern keepers, common victuallers or retailers of spirituous liquors, in any township, city or incorporated village, shall be paid over by the offcers respectively receiving the same, to the county treasurer, within thirty days after the receipt thereof; and any officer who shall neglect to pay over such moneys within the time aforesaid, shall forfeit and pay the sum of fifty dollars, and shall also be liable to an action by, and in the name of the county treasurer, as for money had and receiv ed, for all moneys so received by him, with interest thereon from the time when the same should have been paid over.

CHAPTER 38.

superintendents

treasurer, &c.

SEC.27. All moneys which shall be collected by any superintendents, TITLE IX: or by the directors of the poor of any township, or received by any of them on any bond or other security given for the benefit or indemnity Moneys received of any county, or of any township; and all other moneys which shall by directors and be received by such superintendents or directors for the benefit of the to be paid to poor, shall be by them paid over, within thirty days after the receipt of the same, to the county treasurer; and if not so paid, the same may be recovered in an action as for money had and received, to be brought by, and in the name of the county treasurer, with interest, at the rate of ten per cent. from the time the same should have been paid over.

neglect to ac

count, &c,

SEC. 28. Every superintendent who shall neglect or refuse so to Liability of eu. render an account or statement, or to pay over any moneys as required perintendents for in this chapter, shall forfeit the sum of two hundred and fifty dollars, and shall also be liable to an action by, and in the name of the county treasurer, as for moneys had and received, for all moneys which may be in his hands after the expiration of his term of office, with interest thereon, from the time when the same ought to have been paid over.

poor, and collec

SEC. 29. The superintendents of the poor in each county shall pre- Estimate of sent to the board of supervisors at their annual meeting in each year, amount necessaan estimate of the sum which, in their opinion, will be necessary du- ry for support of ring the ensuing year for the support of the county poor; and the said tion thereof. supervisors shall cause such sum as they may deem necessary for that purpose, to be assessed, levied and collected, in the same manner as the other contingent expenses of the county; to be paid to the county treasurer, and by him to be kept as a separate fund, distinct from the other funds of the county.

rectors and justi

SEC. 30. The accounts of the directors of the poor, and of justices of the peace, for any personal or official services rendered by them Accounts of dis in relation to the poor, shall be audited and settled by the superinten- ces, how audited dents, and be paid on their order by the county treasurer; but no al- and paid. lowance shall be made to any officer for attending any board with accounts, for the purpose of having the same audited or paid.

superintendents.

SEC. 31. It shall be the duty of the superintendents of the poor of each county, on or before the twentieth day of December in each Annual report of 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, the whole expense of such support, specifying the amount paid for the transportation of paupers, and any other items which do not constitute any part of the actual expense of maintainining such paupers, and the allowance made to superintendents, directors, 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.

SEC. 32. Any superintendent who shall neglect or refuse to make Penalty for neg. such report as aforesaid, or who shall wilfully make any false report, lect to make reshall forfeit one hundred dollars; and the secretary of state shall give port, &c. notice to the prosecuting attorney of the county, of every such neg

lect or refusal, or misconduct.

SEC. 33. The secretary of state shall annually lay before the legislature, during the first month of its session, an abstract of said report.

Duty of recreta.

ry of state.

TITLE IX. CHAPTER 39.

CHAPTER 39.

What persons

ly.

OF DISORDERLY PERSONS.

SECTION 1. All persons who threaten to run away and leave their deemed disorder wives and children a burden on the public; all persons pretending to tell fortunes, or where lost or stolen goods may be found; all common prostitutes and all keepers of bawdy houses, or houses for the resort of prostitutes; all drunkards, tiplers, gamesters, or other disorderly persons; all persons who have no visible calling or business to maintain themselves by, but who do for the most part support themselves by gaming; all jugglers, common showmen, and mountebanks, who exhibit or perform for profit any puppet show, wire or rope dancing, or other idle shows, arts, or feats; all persons who keep in any public highway, or in any public place, any gaming table, wheel of fortune, box, machine, instrument or device for the purpose of gaming; all persons who go about with such table, wheel or other machine, instrument or device, exhibiting tricks or gaming therewith; all persons who play in the public streets or highways, with cards, dice, or any instrument or device for gaming, shall be deemed disorderly persons.

Apprehension of offenders, and security for good

behavior.

When record of

made, and offen

SEC. 2. Upon complaint made on oath to any justice of the peace, against any person as being disorderly, he shall issue his warrant for the apprehension of the offender, and cause him to be brought before such justice for examination; and if it shall appear by the confession of the offender, or by competent testimony, that he is a disorderly person, the justice may require of the offender a recognizance with sufficient sureties for his good behavior for the term of one year thereafter.

SEC. 3. In default of such sureties being found, the justice shall conviction to be make up, sign and file in the county clerk's office, a record of convicder committed. tion of such offender as a disorderly person, specifying generally the nature and circumstances of the offence, and shall by warrant under his hand, commit such offender to the common jail of the county, there to remain until such sureties be found, or such offender be discharged according to law.

What deemed a

SEC. 4. The committing of any of the acts which constitute the perbreach of recog- son so bound, a disorderly person, shall be deemed a breach of the condition of such recognizance.

nizance.

When new secu.

SEC. 5. Upon a recovery being had upon any such recognizance, rities may be re- the court before which such recovery shall be had, may in its discrequired or offender committed. tion, either require new sureties for good behavior to be given, or may commit the offender to the common jail of the county, for any time not exceeding six months.

How person committed may be discharged.

Duty of jailer to furnish list to circuit court.

SEC. 6. Any person committed to the common jail for not finding sureties for good behavior, may be discharged by any two justices of the peace of the county, upon giving such sureties for good behavior as were originally required from such offender.

Sec. 7. It shall be the duty of the keeper of every jail, to lay before the circuit court for his county, on the first day of the term next after the commitment of any disorderly person to such jail, a list of persons so committed and then in his custody, with the nature of their offences, the name of the justice committing them, and the time of their imprisonment.

the

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