ment shall not extend to any expense for the relief afforded more than six months previous to the filing of such complaint. (1) Proviso. And such court may further assess and apportion upon Ibid. them, such weekly sum, for the future, as they shall Further assessment judge sufficient for the support of such pauper, to be as to the future sup port of the pauper. paid quarterly, till further order of court, and upon application from time to time of the town, district or kindred, to whom the same shall have been ordered to be paid, the clerk of said court shall issue, and may renew a warrant of distress for the arrears of any preceding may be renewed. quarter. Warrants of distress Ibid. kindred with whom dred, not named And the court may further order, with whom of such kindred, that may desire it, such pauper shall live and be Court may in their relieved, and for such time with one, and such with order designate the another, as they shall judge proper, having regard to the the pauper shall live. comfort of the pauper, as well as the convenience of the kindred. And, upon suggestion, other kindred of ability, on suggestion kinnot named in the complaint, may be notified, and the pro- in the complaint, may cess may be continued, and upon due notice, whether process be continued for that purpose. they appear or are defaulted, the court may proceed Proceedings against them. against them in the same manner as if they had been named in the complaint. But if such complaint be not entered, or be discontinued, or withdrawn, or be adjudg ed groundless, the respondents shall recover costs. And such court may take further order, from time to time, in the premises, upon application of any party in (1) The kindred of a pauper cannot be called upon to contribute to his support, but by the overseers of the town, where he has his legal settlement, or by some other of his kindred. Salem v. Andover. 3 Mass. Rep. 436. The only remedy for a town, other than that wherein he is set ́tled, which has provided for a pauper, is by an action against the town where he has his settlement. Ibid. In such action, the declaration must aver the settlement and notice to the town liable, within three months from the commence be notified, and the Costs to respondents. Ibid. ment of the expense. Ibid. Further power of the terested, and may alter such assessment and apportions ment, as the circumstances may vary. court. Ibid. s. 9. IV. Duty of overseers to provide for distressed persons, not having a legal settlement in their town. It shall be the duty of overseers, in their respective towns or districts, to provide for the immediate comfort make such provison. and relief of all persons residing, or found therein, not belonging thereto, but having lawful settlements in other Duty of overseers to perses against the town wherein the pauper has his legal Bettlement. towns or districts, when they fall into distress, and stand in need of immediate relief, and until they shall be reAction lies for the ex- moved to the places of their lawful settlements; the expenses whereof, incurred within three months next before notice given to the town or district, to be charged, as also of their removal, or of their burial, in case of their decease, may be sued for and recovered, either in a civil action, by the town or district incurring the same, against the town or district wherein such person had such settlement, or in the method by complaint, prescribed by the act. Provided, such action or complaint such action must be for damages, be commenced or preferred within two years after the cause of action arose, but not otherwise, And in such civil action, the settlement of the pauper pauper not to be con- shall not be contested by the defendants, if it hath been then adjudged to be in their town or district, upon such process as is prescribed by the act, otherwise it may be, And a recovery in such action shall bar the town or district, against which the same shall be had, from disA recovery shall bar puting the settlement of such pauper, in such town or which the recovery is district, within the town or district so recovering, in any Within what time commenced. Settlement of the tested in certain cases. Ibid. the town against had, from disputing pauper in any future action. the settlement of the future action or process, brought and prosecuted for the support or removal of any such pauper. (2) (2) In a prosecution against a town for the support of a person alleged to be a pauper, it is competent to the defendants to prove his ability to maintain himself. Freeport v. Edgecumbe, 1 Mass. Rep. 459. V. Of the relief, removal and burial of paupers, hav ing no legal settlement within this commonweath. The overseers shall also relieve and support, and in case of their decease, decently bury all poor persons residing or found in their towns or districts, having no lawful settlements within this commonwealth, when they stand in need, and may employ them as other paupers may be; the expense whereof may be recovered of their relations, if they have any, chargeable by law for their support, in manner pointed out by the act; otherwise it shall be paid out of the treasury of the commonwealth by warrant from the governor, by and with advice of council, an account thereof having been first exhibited to, and examined and allowed by the general court. Ibid. s. 13. Relief, support and burial of such paupers. Expenses of such relief, etc. recoverable of their kindred; otherwise to be paid out of the treasury of the commonwealth. Ibid. paupers. And upon complaint of such overseers, any justice of the peace, in their county, may, by warrant directed to, and which may be executed by any constable of their Removal of such town or district, or any particular person by name, cause such pauper to be sent and conveyed, by land or water, to any other state, or to any place beyond sea, where he belongs, if the justice thinks proper, if he may be conveniently removed, at the expense of the commonwealth; but if he cannot be so removed, he may be sent to, and relieved, and employed in the house of correction, or work-house, at the public expense. VI. Of the removal of paupers, by complaint to a justice of the peace. All persons actually chargeable, or who, through age or infirmity, idleness or dissoluteness, are likely to become chargeable to the places wherein they are found, but in which they have no lawful settlements, may be removed to the places of their lawful settlements, if they have any within the commonwealth and in order to efmurrer. Otherwise on a special demurrer, assigning for cause, that it amounted to the general issue. Ibid. Ibid. s. 10. fect such removal, (and also to recover the expenses incurred for the relief of such persons, if the overseers choose that mode in preference to a civil action) said. overseers may apply by complaint, to any justice of the peace in their county, not an inhabitant of their town or district. The form of this complaint is prescribed by statute, See Append. No. 14. and may be seen in the appendix. Stat. 1793, c. 59, s. 10. Summons to the town. See Append. No. 15. Stat. 1793, c. 59, s. 10. Ibid. Summons to the party to be removed. Judgment of the justice. See Append. No. 16. Stat. 1793, c. 59, s. 10. Costs. Ibid. Warrant of removal. VII. Proceedings upon such complaint. Upon such complaint, the justice shall make out and annex thereto a summons directed to the sheriff or his deputy, of the county wherein the town to be summoned is situated. The form of this summons is prescribed by statute, and may be seen in the appendix. And such officer shall serve and return the same, his being an inhabitant of the town to be summoned notwithstanding, for the same fees, as for other writs of sum mons. And such justice shall summon the party to be removed, and other witnesses, and may, if he see cause, compel the appearance of the former, by warrant, to be examined; and shall hear his objections to such removal, and may, for good cause, continue the process once, not exceeding three months; and after due examination, whether the town summoned appears or not, shall proceed to give judgment for or against the complainants, and make a record thereof. The form of this record is prescribed by statute, and may be seen in the appendix. No costs can be awarded for such town, if defaulted; but if the complaint be not entered or be discontinued, or not prosecuted, the town complained of appearing, and praying therefor, shall recover costs. And upon judgment of removal, such justice may issue his warrant of removal, directed to, and to be exe cuted by, any constable of the town from whence the person is to be removed, or to any particular person by name. The form of the warrant of removal is prescribed by see Append. No. 17. statute, and may be seen in the appendix. And such overseers shall be obliged to receive and Stat. 1793, c. 59, s. 10, provide for such person accordingly; and said justice Execution for dama may also award execution for damages and costs; and ges and costs. may tax, in costs, a reasonable sum for the expense of removal; and the execution may be issued to, and may be executed by a proper officer, in the county where the town is, against which it issues. And in all the proceedings aforesaid, the word district shall be inserted instead of the word town, where the cases require it. VIII. Right of appeal from the judgment of the justice, and proceedings in the appellate court. Either party, as also any person who shall be adjudged likely to become chargeable, and ordered to be removed, aggrieved at the judgment of the justice, may appeal therefrom to the next court of common pleas, to be holden in and for the same county; and shall produce copies, and enter and prosecute the same as other appeals are. And said court shall hear and determine the same without a jury, and may award like warrant for removal, and like execution for damages and costs, mutatis mutandis ; or may, on complaint, affirm the judgment of the justice, with additional damages and costs, where the appeal is not prosecuted; and carry such judgment into exc cution. IX. Of the removal of paupers, by complaint to the court of common pleas. Ibid. s. 10. Such complaint may be originally made by the over- Ibid. s. 11. seers, if they see fit, to the court of common pleas in their county, by filing the same with the clerk of said court, and procuring a like summons from him, mutatis mutandis, and causing the same to be served in time |