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mall, by warrant from any two justices of the peace of such city, or of such county in which such town shall lie, be apprehended and retransported as aforesaid ; and shall, by every constable into whole charge such person shall come, if the justices so removing him or her fall think proper and to direct, be whipped ; if a man, not exceeding thirty-nine lashes, and if a woman, not exceeding twenty-five lashes; and 10, as often as he or she shall return after such transportation.

XI. And be it further enabled by the authority aforesaid, Over feers of one. That if any person be removed by virtue of this act, from ceive a person fent by one city or town to another within this state, by warrant town, to forfeit Tule under the hands and seals of any two justices of the peace as

aforesaid, the overseers of the poor of the city or town to which the said person shall be so removed, are hereby required to receive the faid perfon; and if they or any of them shall refuse or neglect lo to do, the overseer or overseers fo refusing or neglecting, hall, if-thereof convicted by the oath of two witnesses, forteit and pay, for each ofience, the sum of ten pounds, to tbe use of the poor of the city or town from which the said person was so removed; to be recovered, with cotts of fuit, in any court having cognizance thereof, by the overseers of the poor of such city or town from which juch person was so removed as aforesaid.

XII. Provid:d always, and be il further enacted by the au/hority aforesaid, That no person or persons, his, her or their child or children, sall acquire or gain a settlement in the city or town to which he, le or they shall be fo removed by virtue of this act; but his, her or their settlement shall be and remain in the same place where it was before such re:moval; any thing in this act to the contrary notwithstanding.

XIII. And whereas niany poor persons resident in this state, cannot find employment in the city or town where they are legally settled, and are not able to give security that they and their families shall not become chargeable to any other city or town where they can find employ: For remedy whereof, Be it firker enabled by ihe ull: huily aforcaid, That if any person Poor persons who

or persons, who shall think proper to remove out of any cannot find employ one city or town within this state, into any other, there to in their own town; inhabit or reside, and shall at the same time procure, bring acher uport producing and deliver to the overleers of the poor of the city or town their own own, ac. where he, she or they shall so come to inliabit or refide, or knowledging them as inhabitants.

to any one of them, a certificate under the hands and seals

of the overseers oi the poor, or of any two of them, of the city or town of his, her or their last legal settlement, attested by two or more credible witnesses, thereby owning.or acknowledging the perfon or perfons mentioned in such certificate, to be an inhabitant or inhabitants legally settled in the city or town menticned in such certificate as aforefaid, which certificate shall be either acknowledged by the overseers of the poor giving the same, or shall be duly proved by the witneles who shall have attested the execution thereof, or one of them, before any justice of the peace of the city, or of the county wherein the town from whence any such certificate shall come, shall lie, and Mall be approved of and subscribed by such juttice of the peace ; then, and in such case, it all and may be lawful for every such person, with his or her family (if he or lhe have any) upon the delivery of such certificate as aforesaid, to continue, abide and remain in any such city or town to which he, she or they shall remove as aforesaid, and to follow any honest employmeilt within the fanie ; and the overfects Vol. II.

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of the poor shall deliver every such certificate to the town-clerk of the city or town in which any such person or persons shall come to reside as aforelaid, who is hereby required to file and record the fame. And further, That every fuch certificate to acknowledged or proved and allowed as aforesaid, thall be deemed, taken and allowed, in all courts whatsoever within this Nate, as duly and fully proved; and shall be taken and received as evidence, without any other proof thereof.

XIV. And be it further enafled by the authority aforesaid, Any perfon bering That whenever any person, with his or her family (if he becoming a civarse or she have any) or any part thereof, so remaining by virle removed, may be tue of the certificate or certificates aforesaid, shall become fint bar hits the place chargeable, or be obliged by sickness or otherwise, to ask fach certificate. relief of the city or town into which he, she or they were

received as aforesaid, that then, and not before, it shall and may be lawful for any two justices of the peace of the city or county into which such person or persons were received by virtue of such certificate as aforesaid, to remove and convey all and every such person or persons, with all and every of his or her family, and his or her children, though born in such city or town, and his or her servants and apprentices, not having otherwise acquired a legal fettlement there, to the city or town from which fuch certificate was brought as aforesaid; the overseers of the poor of which city or town are in such case hereby required and obliged to receive and provide for every such person and his or her family as aforesaid.

XV. And be it further enacted by the authority aforesaid, of persons removing That no persua who shall come to reside in any city or virtue or fuck certiti- town, by virtue of any such certificate as aforesaid, shall

be deemed or adjudged by any act whatsoever of him or her, to have gained a legal settlement in such city or town during the time he or The shall reside there by virtue of such certificate, unless he or she shall, really and bona fide, purchase 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 fall have executed a public annual office or charge in such city or town, for one whole year as aforesaid.

XVf. And be it further cnačied by the authority aforesaid, That when any person or persons, or their families, iesiding in any city or town, or fent thither by certificate, and becoming chargeable as aforesaid, shall be removed back to the city or town to which such person or persons shall belong, the overseers of the poor shall be reimbursed such reasonable charges as he or they may have been put unto, in maintaining and removing such person or persons, by the overseers of the poor of the city or town to which such perfun or persons is, are or fhall be removed ; the faid charges having been tist ascertained and allowed by two or more of the justices of the peace of the city, or of the county, in which such town from which such removal Bill be made, shall lie : Which said charges, so ascertained and allowed, fhail, in case of refuful of payment, be levied by distress and sale of the goods and chutels of the overseers of the poor of the city or town to which such Certificate person or persons shall be removed as aforesaid, by warrant or warrants, under the hands and leals of any two justices of the peace of the city or county where the overseers of the poor shall reside (who are hereby authorized and required to issue the fame) directed to some constable of such city or town ; returning the overplus, if any there be, after deducting alle bawful costs and charges of such fale

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XVII. And whereas it often happens that poor persons having a residence in one city or town, remove from thence into another city or town within this state, without such certificate às aforesaid, and there become fick, lame, or otherwise so in firm that they camot be removed, and sometimes die before they can be legally sent back, whereby the inhabitants of such city or town where such poor persons become fick, lame, or die, are put to charge and expence in the maintenance or burying such poor persons : And whereas it is just and reasonable that such charges and expences should be repaid, There: fore, Be it further enacted by the authority aforefuid, That if any poor person shall remove, or coine out of any city or iown where he or she is or shall be legally settled, into any other city or town within this state, and shall be taken fick or lame, so that he or she cannot be conveniently removed back to the place of his or her last legal settlement, then the overseers of the poor of such city or town into which such poor person shall so come as aforenid, or one of them, shall give notice in writing, to the overseers of the poor of the city or town out of which fuch poor person shall have come as aforesaid, of the name, condition and circumstances of such poor person, and request fuch overseers of the poor, or one of them, to take care of, relieve and main. tain such fick or lame poor person, during his or her illness; and also to provide for his or her funeral, if he or she should die there ; and if such overseer or overseers of the poor, having notice as aforesaid, shall neglect or refuse so to do, then, and in such case, it Ihall be lawful for any two justices of the peace of the city, or of the county in which such town shall lie, where such poor person had his or her last legal place of fettlement, upon complaint inade to them, to cause all such fum and sums of money as shall be neceslarily expended in the maintenance of such poor person, in his or her fickness or lameness, or on his or her funeral, to be levied by distress and là le of the goods and chattels of the said overseer or overseers of the poor, fo neglecting or refusing to take care of and provide for such poor person as aforesaid, after fuch notice given to him or them as aforesaid, by warrant or warrants under the hands and feals of fuch justices (who are hereby authorized and required to issue the fame) directed to some constable of the city or town where fuch overseer or overfeers of the poor shall reside ; returning the overplus, if any there be, after deducting all lawful costs and charges of fuch fale as aforesaid: And such sum or sums of mortey so recovered, shall be paid to the overseers of the poor, or to one of them, of such city or town where such poor person shall be fick, lames or die, as aforesaid.

XVIII. Prorided always, and be it further enacted by the Any per Corelinking au hority aforesaid, That all and every person and persons dhe justices proceed. who Ihall think himself, herself or themselves aggrieved by the next senions of any judgment or order of any justice or justices of the peace, the peace.

or by warrant of removal of any poor person, may appeal to the next general sessions of the peace, to be holden in and for such city, or in and for the county in which such city or town shall lie, where such judgnient or order shall be made, or from which fuch poor person shall be removed as aforesaid, who are hereby authorized and required to hear and determine such appeals, and to co justice therein, according to the merits of the respective cases. And further, That no juftice of the peace, who shall reside in any city or town where any dispute Mall happen (except in the city and county of New York) shall fit in court upon such appeal.

XIX. And be it further enncted by the authorily afurcsaid, That on every appeal to te inade to the court of general sessions of the peace, to be holdt:

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in and for the city and county of New-York, the justices who shall de ese mine such appeal, shall, upon request, itate the cale specially, particularly and at large, that all and every person or persons who hall think himself, herft! or themfelves aggrieved by the determination on such appeal, may liave remedy thereupon in the fupreme court,

XX. did be it further cnated by the authority afore suid, Noappeal to be pro: That no appeal or appeals, from any judgment or order se stice in writing, to whattoever of any justice or justices of the peace, or from any thereby.

order of removal of any poor person or persons whatsoever,

from one city or town to another, shall be proceeded upon, in any court of general sellions of the peace, unlels reasonable notice in writing be given by the overseers of the poor of the city or town or the person or persons who shall make such appeal unto the overseers of the poor, or one of them, of such city or town as shall be affected by such judgment of order, or from which such poor person shall be removed; the reasonableness of which notice to be determined by the juflices of such general sessions of the peace, to which the appeal is made; and it it shall appear to them that reafonable time of notice was not given, then they shall adjourn such appeal to the next general fellions of the peace, and then and there finally hear and determine the same.

XXI. And for the preventing vexatious removals and frivolous appeals, Be it further ended by the authority aforcfuid, That if the juttices shall, at their general sellions of the peace, to be holden in and for any city or county within this state, upon any appeal before them there to be had and prosecuted, for and concerning the settlement of any poor person or persons, determine in favour of the appellant or appellants, that such poor person or persons was or were unduly removed, that then the said justices (hall, at the same general fellions, order and award, to such appellant or appellants, so much money (besides his or their costs and charges) as shall appear to the faid justices to have been reafonably paid and expended by the overseers of the poor of the city or town on whose behalf fuch appeal was made, for or towards the relief of such poor person or persons, between the time of such undue re. moval and the determination of such appeal. And further, That upon every appeal before them there to be had, for or concerning any judgment or order of any juslice or justices, for and concerning the settlement of any poor perfon, or upon any proof before them there to be had of notice of any such appeal to have been given, by the overseers of the poor of one city or town, or by any other person or persons, to the overseers of the poor of another city or town, or to any other person or persons, though he, The or they did not afterwards profecute such appeal, the justices at the fame general fellions of the peace, shall award and order to the party for whom and in whose favour such appeal shall be determined, or to whom such notice did appear to have been given as aforesaid, such costs and clarges in the law, as by the said justices, in their discretion, shall be thought reafonable and just, to be paid by the overlevers of the poor of the city or town, or other person or pertons against whom such appeal shall be determined, or who gave notice of such appeal as aforesaid, and did not profecute the fame. And further, If in any of the cases aforesaid, the person or persons ordered to pay such monies and colls

, and charges aforesaid, shall refide in any city or county out of the jurisdiction of such court of general feflions of the peace, it shall and may be lawful for the overseers of the poor, to whom such monies were, hy order of such court of general fellions of the peace, directed to be paid, to lue for

and recover the same monies against the person or persons against whom such award or order was made, with colls of suit, in an action for monies had and received to the plaintiffs use, in any court in this itate having cog. nizance thereof, where the person or persons against whom suck: determination shall be given as aforesaid, Ihall reside ; in which action a true copy of the award and order of such justices in their court of general seslions of the peace, figned by the clerk and sealed with the feal of the fame court, when produced, shall be sufficient evidence for the recovery of such sum or suins of money so awarded and ordered to be paid as aforesaid.

XXII. And be it further enačied by the authority aforesaid, That the father and grand-father, mother and grand-mother (being of fufficient ability) of any poor, blind, lame or decrepid person or persons whomsoever, not being able to maintain himself or herself, and becoming chargeable to any city or 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 aforesaid, Ihall severally and respectively, at his, her or their charges and expences, relieve and maintain every such poor person as aforesaid, in such manner as the juflicts of the peace of the city or county where such fufficient person Niall dwell, at their general sessions of the peace, shall order and direct, on pain of forfeiting and paying ten shillings for each person so ordered to be relieved, for every week he, The or they shall fail therein; to be sued for and recovered with costs of fuit, by the overseers of the poor of the city or town to which such poor person or persons shall be chargeable, for the use of the poor of such city or town, in the manner herein before directed with respect to costs and charges upon an appeal,

XXII. And whereas it sometimes happens that persons ruit away or abfcond from their places of abode and legal settlement, and leave their wives and familes a charge to the city or town in which they are fettled, although such persons have fome estate, real or personal, whereby such city or town might be eased in whole or in part; Therefore, Be it further enacted by the au hority aforesaid, That it shall and may be lawful for the overseers of the poor of any city or town within this state, where any father or husband shall run-away or absent himself from his wife or children, or where any widow shall run away or absent herself from her child or children, and leave him, her or them, a charge to such city or town, to apply to any two justices of the peace of the city or county where such estate, real or personal, or any part thereof, may be, and by warrant under the hands and seals of the faid two justices, who are hereby authorized and required to issue the same, 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 such father, husband or mother, fo absconding as aforesaid, for and towards the maintaining, bringing up and providing for such wife, child, or children so left as aforesaid ; and io soon as the faid seizure shall be allowed of and confirmed by the justices in their general sessions of the peace, it shall and may be lawful for the laid overfeers of the poor, or any two of them, from time to time, and as often as the case may require, to sell and dispose of so much and so many of the said goods and chattels at public vendue, to the highest bidder, and to receive the faid rents and profits, or so much thereof as shall be ordered by the said telions, and to apply the money ariling thereby towards the maintenance of such poor family or person fo left as aforesaid. And further, That the said overSers of the poor shall be accountable to the justices of the peace in their faid

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