Jersey Shore borough, requiring them to receive and provide for the said Christian Dolby as a legaily settled inhabitant of said borough. James G. Ferguson. Frederick Stover.

(Affidavit as in Form No. 864.)

2. For Relief of Pauper Until Removal can be Made.

Union County, ss.

Form No. 15373.1

To the Overseers of the Poor of the Township of Lewisburg, in the County of Union:

Whereas notice hath been given unto the subscribers, two of the justices of the peace in and for the county of Union, by John White, of the county aforesaid, that a certain Richard White is (Here describe situation of pauper and cause of illness, if known, stating that he or she hath no settlement in the township):

These are therefore to authorize and require you to receive the said Richard White into your care and make suitable provision for him until he can be removed (or as the case may be).

Witness our hands and seals, at Vicksburg, this twentieth day of June, in the year of our Lord 1898.

Abraham Kent, (SEAL)
John Grant, (SEAL)
Justices of the Peace.

VI. PROCEEDINGS FOR UNLAWFULLY BRINGING PAUPER INTO

STATE OR TOWN.

1. Civil Action.

a. For Penalty.

Form No. 15374.'

(Commencement as in Form No. 5912.)

1. On the tenth day of April, 1890, the defendant did bring from the town of Windsor, into the town of Hartford, in the county of Hartford, and leave in said town of Hartford, one Polly Smith, an indigent

1. Pennsylvania.- It shall be the duty of the overseers of every district to furnish relief to every poor person within the district, not having a settlement therein, who shall apply to them for relief, until such person can be removed to the place of his settlement. Bright. Pur. Dig. (1894), p. 1703. § 34.

See also list of statutes cited supra, note I, p. 25.

This form is substantially the order set out in Graydon's F. (Pa. 1845), p. 419.

2. Connecticut. Every person who shall bring into and leave, or cause to be brought and left in any town in this state, any indigent person who is not an inhabitant of such town, and who shall become chargeable within one year after having been so brought and left in such town, shall, on demand of the selectmen thereof, remove such indigent person out of such town to the town from whence he came; and if such person so bringing and leaving, or causing to be brought

person who was not an inhabitant of said town of Hartford, and was known by said defendant to be an indigent person, and not to be an inhabitant of said town of Hartford.

2. Said Polly Smith within one year after having been so brought and left in said town became a charge on the town of Hartford.

3. On the first day of July, 1890, the selectmen of said town of Hartford made due demand on defendant to remove the said Polly Smith out of said town of Hartford to said town of Windsor, the town from which she came.

4. Defendant neglected and refused, and still neglects and refuses, to comply with such demand of said selectmen and to remove said Polly Smith.

The plaintiff claims, by force of the statute in such case made and provided, seventy dollars damages.

(Concluding as in Form No. 5912.)

b. To Recover for Support Rendered Pauper by Town.

Form No. 15375.1

(Aikens' Prac. F. (Supp.), No. 78.)

(Commencement as in Form No. 15067) in a plea of the case, for that the said John Doe, heretofore, to wit, on the fifteenth day of July in the year of our Lord one thousand eight hundred and ninety-six, did transport and bring one Richard Roe, the said Richard Roe being a poor and indigent person, and unable to maintain himself, from the town of Chelsea, in the county of Orange, being a town in this state, to the said town of Montpelier, being another town in this state, [without an order for the removal of the said Richard Roe, as provided by law,]2 with intent to charge said town of Montpelier with the

and left, such indigent person into any town in this state as aforesaid, shall, on demand of the selectmen of such town, neglect or refuse to remove such indigent person out of such town to the place from whence he came, he shall forfeit and pay to the town in which such indigent person shall have been left the sum of seventy dollars; and if such indigent person shall have been so brought and left in such town, with the intent on the part of the person so bringing and leaving him, or causing him to be so brought and left, to make him chargeable or any expense to such town, such person so bringing and leaving, or causing to be so brought and left, such indigent person, shall forfeit and pay to the town in which such person shall have been brought and left the sum of one hundred dollars, and all the expenses incurred by such town in the maintenance of such indigent person. Gen. Stat. (1888), §

3294.

See also list of statutes cited supra, note J, p. 25.

1. Vermont. If a person brings a poor and indigent person from any town in the state to another town in the state, or aids therein, with intent to charge such town with his support, he shall forfeit to the town a sum not exceeding five hundred dollars; and if such town is not liable for the support of such poor and indigent person, the person making such removal, or aiding therein, shall also, from time to time, be liable to pay such town such damages as accrue for the support of such poor person, which, as well as the penalty, may be recovered by an action on the case, in the name of the town. Stat. (1894), § 3191.

See also list of statutes cited supra, note I, p. 25.

2. The matter within [] is not by the present statute necessary. An earlier statute, upon which this form was framed, provided that, to recover, the

support of the said Richard Roe, contrary to the form, force and effect of the statute in such case made and provided. And the said plaintiffs aver, that great damages have accrued to them in the support of the said Richard Roe, so transported and brought by the said John Doe into the said town of Montpelier as aforesaid, and that they have expended divers large sums of money, amounting in the whole to a large sum, to wit, the sum of fifty dollars, in the support and maintenance of the said Richard Roe, to wit, from the said fifteenth day of July in the year of our Lord one thousand eight hundred and ninety-six to the day of the date of this writ, to wit, at Montpelier aforesaid. By reason of all which, and by force of the statute in such case made and provided, an action hath accrued to the said town of Montpelier to recover from the said John Doe the said sum of fifty dollars; yet the said John Doe, though often requested, hath never paid the same, but neglects and refuses so to do, to the damage (concluding as in Form No. 15067).

2. Criminal Prosecution.1

Form No. 15376.9

(Commencing as in Form No. 10707, and continuing down to *) did unlawfully bring into said town of Haverhill in said county and state, and did in said town of Haverhill leave one Jane Doe, a poor and indigent person having no settlement in said state of New Hampshire and having no visible means of support, and having a settlement in the state of Vermont, he, the said John Doe, then and there well knowing the said Jane Doe to be poor and indigent as aforesaid, and not to have a legal settlement in said state of New Hampshire, contrary to (concluding as in Form No. 10707).

68

said, or shall hire or procure such person to be so brought, or shall aid or assist therein, he shall be fined not exceeding five hundred dollars or be imprisoned not exceeding one year, and shall be liable to any town or county for all sums of money expended by it for the support of such poor and indigent person, to be recovered in an action on the case. Pub. Stat. (1891), c. 85, § 13.

See also list of statutes cited supra, note I, p. 25.

This form follows in part the indictment in State v. Benton, 18 N. H. 47. Volume 14.

POSSE, REFUSAL TO JOIN.

See the title SHERIFFS.

POSSESSION, WRIT OF.

BY HAROLD N. ELDRIDGE.

I. WHERE ISSUED AS OF COURSE, 70.

1. Præcipe, 70.

2. Writ, 71.

a. In General, 72.

(1) For Possession Only, 72.

(2) For Possession and Damages, 74.
(3) With Execution Against the Body, 81.
(4) With Execution for Costs, 82.
(5) From Chancery Court, 84.

b. On Foreclosure of Mechanics' Lien, 84.
c. On Foreclosure of Mortgage, 85.

d. Under Delinquent Tenants Act, 86.

3. Return of Writ, 87.

II. WHERE ISSUED SUBSEQUENT TO SALE OF PREMISES ON EXECU

For Forms of Writs of Assistance, see the title ASSISTANCE, WRIT

OF, vol. 2, p. 289.

For other Forms of Writs of Possession, see the title EJECTMENT,

vol. 7, p. 279.

For Forms of Executions Against Person, see the title EXECUTIONS AGAINST PERSON, vol. 7, P. 953.

For Forms of Executions Against Property, see the title EXECUTIONS AGAINST PROPERTY, vol. 8, p. 1.

For Forms of Writs of Restitution, see the title RESTITUTION, WRIT OF.

See also the GENERAL INDEX to this work.

I. WHERE ISSUED AS OF COURSE.1

1. Præcipe.2

Form No. 15377.3

In the Superior Court of the state of Delaware, in and for New Castle county.

subs. 6.

Wyoming. subs. 3.

Rev. Stat. (1887), § 2720,

In cases of a conditional verdict, the writ of habere facias possessionem is not of course as in ordinary cases of judgment in ejectment, but can be issued only by leave of the court. In other words, the party asking for the writ must show to the satisfaction of the court that he is justly entitled to it. Connolly v. Miller, 95 Pa. St. 513; Shaw v. Bayard, 4 Pa. St. 257.

2. For the formal parts of a præcipe in a particular jurisdiction see the title PRÆCIPE, post, p. 127.

3. See, generally, supra, note 1, this

New York. - Code Civ. Proc., 1373. page.