PREFACE.

For nearly a quarter of a century the author has held the position of counsel for the Board of Poor Directors of his county. During this time he has often felt the need of a work on the poor laws in a more compact form than the various digests of the laws and decisions of the courts, covering nearly two hundred years of legislation.

Some years ago he commenced to arrange the decisions under the acts which had required judicial construction, and finally led to the present work.

As nearly all legislation in reference to the poor prior to the act of June 13, 1836, has been repealed, or rather embodied in the latter act, the plan adopted was to take that act section by section and under each give the decisions of the courts construing them, and in doing so the author has not confined himself to the courts of last resort, but has digested the cases of all the lower courts that he thought of any value.

There are instances where certain sections of the act of 1836 have been supplemented or modified to some extent by later legislation, and wherever it was possible these supplemental acts were placed immediately under the section meant to be modified.

It has been the object to compile a work which would, if possible, be complete in itself and relieve the reader or student of the necessity of resorting to the reports. In order to accomplish this, it was necessary, occasionally, to insert the same case, or at least portions of it under different sec

tions, as for instance Section 9, which prescribes the different modes of gaining a settlement, and Section 16, which relates to orders of removal, both sections raise identical questions, and are governed by the same decisions, but for convenience should be kept separate.

He has also, in endeavoring to elucidate the different points decided by the courts, eliminated such matter from the opinion as had no direct bearing upon the question, but in doing so it was often difficult to draw the line, and has in many instances inserted the whole opinion at the risk of tiring the reader, rather than lose anything of value.

If this work will in any manner alleviate the labor of his brethren of the Bar, and aid those who are interested in the welfare of the poor, his object will have been accomplished.

HISTORY OF THE POOR LAWS OF

PENNSYLVANIA.

For a history of the rise and progress of the poor laws, we refer the student to a little work, entitled, "The History of the Poor Laws, with Observations," by Richard Burn,. LL. D., published in London, in 1764.

It is an exhaustive work, commencing with all the acts of Parliament, on the subject, as far back as the 43 Elizabeth,. and followed with observations upon the statutes.

It then gives an account of various schemes for reforming the poor law by the most eminent men of that period: (among whom we find the name of Lord C. J. Hale), and concludes by saying: "Thus hath the wisdom of the nation in Parliament, and of individuals, been employed for ages in providing properly for the poor, and yet they are not properly provided for."

The same difficulty has been encountered in our own laws, the sequel shows frequent changes, and while they are possibly as near right as human wisdom can make them, yet time, as it speeds on, will ever and anon turn up new objects in its course, requiring the attention of our lawmakers.

The earliest legislation on record, for the relief of the poor of Pennsylvania, was enacted by the Colonial Assembly A. D. 1700, and was entitled, "An act for the better provision for the poor."

This act was repealed by the act of February 7, 1705, entitled, "An act for the relief of the poor."

"An act imposing a duty on persons convicted of heinous crimes, and to prevent poor and impotent persons being im

ported into the province of Pennsylvania," was passed February 14, 1729-30, 1 Dallas' Laws, 250.

Next follows the act of March 9, 1771, I Dallas's Laws, 569, which repeals and supplies all former acts relating to the poor, and was in its turn repealed by subsequent legislation, most sweeping of which is the act of June 13, 1836. This last act, by its forty-seventh section, repeals all laws altered or supplied, so far as they are inconsistent with it; there is, however, still a doubt whether some of the sections of the act of 1771 are not yet in force. Mr. Dunlop, in his "Laws of Pennsylvania," in a note commenting on the forty-seventh section, says: "How much those kind of repealing clauses leaves of the old law, it is difficult to declare. Judge Stroud has retained in his edition the fifteenth and thirty-third sections of the act of 1771. And I have also retained the sixteenth and twenty-first sections."

In view of the uncertainty expressed by these two eminent compilers, in reference to these sections, as well as the fact that the act of June 13, 1836, was largely taken from that of 1771, we have, for convenience of examination and comparison, given the latter act in full.