fall, by warrant from any two juftices of the peace of fuch city, or of fuch county in which fuch town fhall lie, be apprehended and retransported as aforefaid; and fhall, by every conttable into whole charge fuch perfon fhall come, if the juftices fo removing him or her fhall think proper and fo direct, be whipped; if a man, not exceeding thirty-nine lafhes, and if a woman, not exceeding twenty-five lafhes; and io, as often as he or she fhall return after fuch transportation.

town refufing to re

town, to forfeit 101.

XI. And be it further enacted by the authority aforefaid, Overfeers of one That if any perfon be removed by virtue of this act, from ceive a perfon fent by one city or town to another within this ftate, by warrant warrant from another under the hands and feals of any two juftices of the peace as aforefaid, the overfeers of the poor of the city or town to which the faid perfon fhall be fo removed, are hereby required to receive the faid perfon; and if they or any of them fhall refufe or neglect fo to do, the overfeer or overfeers fo refufing or neglecting, fhall, if thereof convicted by the oath of two witnefles, forfeit and pay, for each offence, the fum often pounds, to the ufe of the poor of the city or town from which the faid perfon was fo removed; to be recovered, with cotts of fuit. in any court having cognizance thereof, by the overfeers of the poor of fuch city or town from which such perfon was fo removed as aforefaid.

XII. Provided always, and be it further enacted by the authority aforefaid, That no perfon or perfons, his, her or their child or children, fhall acquire or gain a fettlement in the city or town to which he, fhe or they fhall be fo removed by virtue of this act; but his, her or their fettlement fhall be and remain in the fame place where it was before fuch removal; any thing in this act to the contrary notwithstanding.

may remove to any

a certificate from

XIII. And whereas many poor perfons refident in this ftate, cannot find employment in the city or town where they are legally fettled, and are not able to give fecurity that they and their families fhall not become chargeable to any other city or town where they can find employ: For remedy whereof, Be it further enacted by the authority aforefaid, "That if any perfon or perfons, who fhall think proper to remove out of any Poor perfons who cannot find employ one city or town within this flate, into any other, there to in their own town, inhabit or refide, and fhall at the fame time procure, bring ether upon producing and deliver to the overfeers of the poor of the city or town their own town, ac- where he, fhe or they fhall fo come to inhabit or refide, or knowledging them as inhabitants. to any one of them, a certificate under the hands and feals of the overfeers of the poor, or of any two of them, of the city or town of his, her or their laft legal fettlement, attefled by two or more credible witne fles, thereby owning or acknowledging the perfon or • perfons mentioned in fuch certificate, to be an inhabitant or inhabitants legally fettled in the city or town mentioned in fuch certificate as aforefaid, which certificate fhall be either acknowledged by the overfeers of the poor giving the fame, or fhall be duly proved by the witnefes who shall have attefted the execution thereof, or one of them, before any juflice of the peace of the city, or of the county wherein the town from whence any fuch certificate fhall come, fhall lie, and fhall be approved of and fubfcribed by fuch juftice of the peace; then, and in fuch cafe, it fhall and may be lawful for every fuch perfon, with his or her family (if he or the have any) upon the delivery of fuch certificate as aforefaid, to continue, abide and remain in any fuch city or town to which he, fhe or they fhall remove as aforefaid, and to follow any honeft employment within the fame; and the overfeers Vol. II.

S

of the poor fhall deliver every fuch certificate to the town-clerk of the city or town in which any fuch perfon or perfons fhall come to refide as afore faid, who is hereby required to file and record the fame. And further, That every fuch certificate to acknowledged or proved and allowed as aforefaid, fhall be deemed, taken and allowed, in all courts whatsoever within this fate, as duly and fully proved; and fhall be taken and received as evidence, without any other proof thereof.

fuch certificate and

to the town to which

from which he bro't

XIV. And be it further enacted by the authority aforefaid Any perfon having That whenever any perfon, with his or her family (if he becoming a charge or the have any) or any part thereof, fo remaining by virhe removed, may be tue of the certificate or certificates aforefaid, fhall become fent back to the place chargeable, or be obliged by fickness or otherwife, to afk fuch certificate. relief of the city or town into which he, fhe or they were received as aforefaid, that then, and not before, it shall and may be lawful for any two juftices of the peace of the city or county into which fuch perfon or perfons were received by virtue of fuch certificate as aforefaid, to remove and convey all and every fuch perfon or persons, with all and every of his or her family, and his or her children, though born in fuch city or town, and his or her fervants and apprentices, not having otherwife acquired a legal fettlement there, to the city or town from which fach certificate was brought as aforefaid; the overfeers of the poor of which city or town are in fuch cafe hereby required and obliged to receive and provide for every fuch perfon and his or her family as aforefaid.

into any town, by

cate.

XV. And be it further enacted by the authority aforefaid, Of perfons removing That no perfon who fhall come to refide in any city or virtue of fuch certifi- town, by virtue of any fuch certificate as aforefaid, shall be deemed or adjudged by any act whatsoever of him or her, to have gained a legal fettlement in fuch city or town during the time he or she shall refide there by virtue of fuch certificate, unless he or she fhall, really and bona fide, purchafe a freehold of the value of thirty pounds or upwards, or, really and bona fide, have rented and occupied a tenement of the yearly value of twelve pounds or upwards, for two whole years, or fhall have executed a public annual office or charge in fuch city or town, for one whole year as aforefaid.

XVI. And be it further enacted by the authority aforefaid, That when any perfon or perfons, or their families, refiding in any city or town, or fent thither by certificate, and becoming chargeable as aforefaid, shall be removed back to the city or town to which fuch perfon or perfons fhall belong, the overfeers of the poor fhall be reimbursed fuch reafonable charges as he or they may have been put unto, in maintaining and removing fuch person or perfons, by the overfeers of the poor of the city or town to which fuch perfon or perfons is, are or fhall be removed; the faid charges having been firft afcertained and allowed by two or more of the juftices of the peace of the city, or of the county, in which fuch town from which fuch removal fhall be made, fhall lie: Which faid charges, fo afcertained and allowed, fall, in cafe of refufal of payment, be levied by diftrefs and fale of the goods and chattels of the overfeers of the poor of the city or town to which fuch certificate perfon or perfons fhall be removed as aforefaid, by warrant or warrants, under the hands and feals of any two juftices of the peace of the city or county where the overfeers of the poor fhall refide (who are hereby authorized and required to iffue the fame) directed to fome conftable of fuch city or town; returning the overplus, if any there be, after deducting all lawful cofts and charges of fuch fale

XVII. And whereas it often happens that poor perfons having a refidence in one city or town, remove from thence into another city or town within this ftate, without fuch certificate às aforefaid, and there become fick, lame, or otherwife fo infirm that they cannot be removed, and fometimes die before they can be legally fent back, whereby the inhabitants of fuch city or town where fuch poor perfons become fick, lame, or die, are put to charge and expence in the maintenance or burying fuch poor perfons: And whereas it is just and reasonable that fuch charges and expences fhould be repaid, There fore, Be it further enacted by the authority aforefaid, That if any poor perfon fhall remove, or come out of any city or town where he or she is or fhall be legally fettled, into any other city or town within this ftate, and fhall be taken fick or lame, fo that he or he cannot be conveniently removed back to the place of his or her laft legal settlement, then the overfeers of the poor of fuch city or town into which fuch poor perfon fhall fo come as aforefaid, or one of them, fhall give notice in writing, to the overfeers of the poor of the city or town out of which fuch poor perfon fhall have come as aforefaid, of the name, condition and circumstances of fuch poor perfon, and request fuch overfeers of the poor, or one of them, to take care of, relieve and maintain fuch fick or lame poor perfon, during his or her illness; and alfo to provide for his or her funeral, if he or the fhould die there; and if fuch overseer or overfeers of the poor, having notice as aforefaid, fhall neglect or refufe fo to do, then, and in fuch cafe, it fhall be lawful for any two juftices of the peace of the city, or of the county in which fuch town hall lie, where fuch poor perfon had his or her laft legal place of fettlement, upon complaint made to them, to caufe all fuch fum and fums of money as fhall be neceffa rily expended in the maintenance of fuch poor perfon, in his or her fickness or lameness, or on his or her funeral, to be levied by diftrefs and fale of the goods and chattels of the faid overfeer or overfeers of the poor, fo neglecting or refufing to take care of and provide for fuch poor perfon as aforefaid, after fuch notice given to him or them as aforefaid, by warrant or warrants under the hands and feals of fuch juftices (who are hereby authorized and required to iffue the fame) directed to fome conftable of the city or town where fuch overfeer or overfeers of the poor fhall refide; returning the overplus, if any there be, after deducting all lawful cofts and charges of fuch fale as aforefaid: And fuch fum or fums of money fo recovered, fhall be paid to the overfeers of the poor, or to one of them, of fuch city or town where fuch poor perfon fhall be fick, lame, or die, as aforefaid.

the peace.

XVIII. Provided always, and be it further enalled by the Any perfon thinking authority aforefaid, That all and every perfon and perfons himfelf aggrieved by the juftices proceed. who fhall think himself, herself or themfelves aggrieved by ings, may appeal to the next feflions of any judgment or order of any juftice or juftices of the peace, or by warrant of removal of any poor perfon, may appeal to the next general feffions of the peace, to be holden in and for fuch city, or in and for the county in which fuch city or town fhall lie, where fuch judgment or order fhall be made, or from which fuch poor perfon shall be removed as aforefaid, who are hereby authorized and required to hear and determine fuch appeals, and to do juftice therein, according to the merits of the refpective cafes. And further, That no juftice of the peace, who shall refide in any city or town where any difpute fhall happen (except in the city and county of New-York) fhall fit in court upon fuch appeal.

XIX. And be it farther enacted by the authority aforefaid, That on every appeal to be made to the court of general feffions of the peace, to be holder

in and for the city and county of New-York, the juftices who fhall deter mine fuch appeal, fhall, upon requeft, ftate the cafe fpecially, particularly and at large, that all and every perfon or persons who hall think himself, herself or themfelves aggrieved by the determination on fuch appeal, may have remedy thereupon in the fupreme court.

cended upon without

thereby.

XX. And be it further enacted by the authority aforefaid, No appeal to be pro- That no appeal or appeals, from any judgment or order notice in writing, to whatfoever of any juftice or juftices of the peace, or from any the party affected order of removal of any poor perfon or perfons whatsoever, from one city or town to another, fhall be proceeded upon, in any court of general feflions of the peace, unless reasonable notice in writing be given by the overfeers of the poor of the city or town or the perfon or perfons who fhall make fuch appeal unto the overfeers of the poor, or one of them, of fuch city or town as fhall be affected by fuch judgment or order, or from which fuch poor perfon fhall be removed; the reasonableness of which notice to be determined by the juftices of fuch general feflions of the peace, to which the appeal is made; and if it fhall appear to them that reafonable time of notice was not given, then they fhall adjourn fuch appeal to the next general feflions of the peace, and then and there finally hear and determine the fame.

XXI. And for the preventing vexatious removals and frivolous appeals, Be it further enadled by the authority aforefaid, That if the juftices fhall, at their general feffions of the peace, to be holden in and for any city or county within this ftate, upon any appeal before them there to be had and profecuted, for and concerning the fettlement of any poor perfon or perfons, determine in favour of the appellant or appellants, that fuch poor perfon or perfons was or were unduly removed, that then the faid juftices fhall, at the fame general fellions, order and award, to fuch appellant or appellants, fo much money (befides his or their cofts and charges) as fhall appear to the faid juftices to have been reafonably paid and expended by the overfeers of the poor of the city or town on whofe behalf fuch appeal was made, for or towards the relief of fuch poor perfon or perfons, between the time of fuch undue removal and the determination of fuch appeal. And further, That upon every appeal before them there to be had, for or concerning any judgment or order of any juftice or juflices, for and concerning the fettlement of any poor perfon, or upon any proof before them there to be had of notice of any fuch appeal to have been given, by the overfeers of the poor of one city or town, or by any other perfon or perfons, to the overfeers of the poor of another city or town, or to any other perfon or perfons, though he, the or they did not afterwards profecute fuch appeal, the juftices at the fame general fellions of the peace, fhall award and order to the party for whom and in whose favour fuch appeal fhall be determined, or to whom fuch notice did appear to have been given as aforefaid, fuch cofls and charges in the law, as by the faid juftices, in their difcretion, fhall be thought reafonable and juft, to be paid by the overfeers of the poor of the city or town, or other perfon or perfons against whom fuch appeal fhall be determined, or who gave notice of fuch appeal as aforefaid, and did not profecute the fame. And further, If in any of the cafes aforefaid, the perfon or perfons ordered to pay fuch monies and cols, and charges aforefaid, fhall refide in any city or county out of the jurifdiction of fuch court of general feflions of the peace, it fhall and may be lawful for the overfeers of the poor, to whom fuch monies were, by order of fuch court of general feflions of the peace, directed to be paid, to fue for

and recover the fame monies against the perfon or perfons against whom fuch award or order was made, with colls of fuit, in an action for monies had and received to the plaintiffs ufe, in any court in this ftate having cognizance thereof, where the perfon or perfons against whom fuck: determination fhall be given as aforefaid, fhall refide; in which action a true copy of the award and order of fuch juftices in their court of general feflions of the peace, figned by the clerk and fealed with the feal of the fame court, when produced, fhall be fufficient evidence for the recovery of fuch fum or fums of money fo awarded and ordered to be paid as aforefaid.

XXII. And be it further enacted by the authority aforefaid, That the father and grand-father, mother and grand-mother (being of fufficient ability) of any poor, blind, lame or decrepid perfon or perfons whomsoever, not being able to maintain himfelf or herself, and becoming chargeable to any city of town within this state, and the children and grand-children being of fufficient ability) of every poor, old, blind, lame or impotent perfon, not being able to maintain himself or herself, and becoming chargeable as aforefaid, shall seve rally and respectively) at his, her or their charges and expences, relieve and maintain every fuch poor perfon as aforefaid, in such manner as the justices of the peace of the city or county where fuch fufficient perfon fhall dwell, at their general feffions of the peace, shall order and direct, on pain of forfeiting and paying ten fhillings for each perfon fo ordered to be relieved, for every week he, the or they fhall fail therein; to be fued for and recovered with cofts of fuit, by the overseers of the poor of the city or town to which fuch poor perfon or perfons fhall be chargeable, for the ufe of the poor of fuch city or town, in the manner herein before directed with refpect to cofts and charges upon an appeal.

XXIII. And whereas it fometimes happens that perfons run away or abfcond from their places of abode and legal fettlement, and leave their wives and familes a charge to the city or town in which they are fettled, although fuch perfons have fome eftate, real or perfonal, whereby fuch city or town might be eafed in whole or in part; Therefore, Be it further enacted by the authority aforefaid, That it fhall and may be lawful for the overfeers of the poor of any city or town within this ftate, where any father or husband shall run-away or abfent himself from his wife or children, or where any widow fhall run away or abfent herfelf from her child or children, and leave him, her or them, a charge to fuch city or town, to apply to any two juftices of the peace of the city or county where fuch eftate, real or perfonal, or any part thereof, may be, and by warrant under the hands and feals of the faid two juftices, who are hereby authorized and required to iffue the fame, to take and feize the goods and chattels, and to let out and receive the annual rents and profits of the lands and tenements of fuch father, husband or mother, fo abfconding as aforefaid, for and towards the maintaining, bringing up and providing for fuch wife, child, or children fo left as aforefaid; and fo foon as the faid feizure fhall be allowed of and confirmed by the juftices in their general feffions of the peace, it shall and may be lawful for the faid overfeers of the poor, or any two of them, from time to time, and as often as the cafe may require, to fell and difpofe of fo much and fo many of the faid goods and chattels at public vendue, to the highest bidder, and to receive the faid rents and profits, or fo much thereof as fhall be ordered by the faid feflions, and to apply the money arifing thereby towards the maintenance of fuch poor family or person fo left as aforefaid. And further, That the faid overers of the poor fhall be accountable to the juftices of the peace in their faid,