(2.) Contracts.

555. The provisions of the twentieth and twenty-first sections of the act of April 21 April 1858 § 3. twenty-first, one thousand eight hundred and fifty-five, entitled "A supplement to

P. L. 386.

warrant be coun

the act consolidating the city of Philadelphia," are hereby extended to the board Contracts not to of health and the board of guardians of the poor. No contract made by either of be binding unless the said boards shall be binding upon the city unless a warrant therefor shall be tersigned. issued and countersigned in such manner, and by such officers as councils may by ordinance prescribe, and such officer shall give bond to the city of Philadelphia Bond of officer. in such amount, and with surety as shall be approved by councils conditioned for the faithful performance of the duties imposed upon said officer by law or ordinance, and that he will not countersign any warrant upon the city treasurer except Countersigning. such as may be authorized by law or ordinance, and within the appropriations made by councils.(n)

(3.) Powers.

556. Each and all of the [directors of charities and corrections] of the said city 31 March 1812 § 8. shall have full power and authority, in all cases appertaining to their office, to 5 Sm. 394. receive and execute such warrants of arrest as may be issued by any alderman or To execute warmagistrate of the said city, and to bring and carry the offender or offenders, rants of arrest. named therein, before the alderman or justice who issued such warrants, or before any other alderman or magistrate of the said city, for examination, and each and all of the said [directors] shall have full power and authority, under his or their hand and seal, to constitute and appoint any person as his or their deputy to execute such warrant.

557. The said [directors], during their continuance in office, shall be exempted from the duties of jurors, and from military services.

(4.) Liabilities.

5 March 1828 § 1. P. L. 162. Exemption from jury duty and military service.

4 Sm. 57.

558. If any person appointed to be one of the guardians of the poor within this 29 March 1803 § 15. corporation, not having before served therein as aforesaid, shall refuse or neglect to take upon himself the said office, he shall forfeit sixty dollars to the said corpo- Refusal of guardian ration, for the use of the poor of the said city, district and township, to be levied to take office. by warrant issued by the mayor of the city of Philadelphia, or of two justices of the township of the Northern Liberties or the district of Southwark. And if any Removal. guardian of the poor shall remove from said city, district and township, he shall, before such his removal, deliver over to some other guardian of the poor of the said city, district or township, his accounts, books, papers, money and other things concerning his office. And upon the death of any guardian, his executors or ad- Death. ministrators shall, within forty days after his decease, or within forty days after they undertake the execution of the will or administration of the estate, of such deceased guardian, deliver over all things concerning his office to some other guardian as aforesaid, and shall also pay out of the assets all moneys remaining due, which he received by virtue of his office, before any of his other debts are paid, saving funeral charges.

4 Sm. 57.

559. If any action shall be brought against any [director] or other person, who, 29 March 1803 § 33. in [his] aid, and by his command, shall do anything concerning his office, under this act, he may plead the general issue, and give this act, and any special matter Action against. in evidence; and if the plaintiff shall fail in his action, discontinue the same, or become nonsuited, he shall pay double costs.

P. L. 403.

560. Upon conviction in any court of criminal jurisdiction of any member or 7 April 1859 § 8. members of said board of any wilful misapplication of the funds or property of the city of Philadelphia, or of any fraudulent and corrupt official act, he or they so offending, Misapplication of and convicted, shall be sentenced to pay a fine of not less than one hundred nor funds. more than one thousand dollars, and undergo an imprisonment in the county prison for a term not exceeding one year, at the discretion of the court.

(5.) Property.

nesses and arbitra

561. All moneys due to jurors, witnesses and arbitrators, residing within the 14 March 1814 § 9. district aforesaid, which shall remain in the hands of the sheriff of the city and 6 Sm. 188. county of Philadelphia, or any of the clerks, prothonotaries or officers of any of the Unclaimed moneys courts, or in the hands of the county commissioners, or their clerks, within the said due jurors, witcity and county, and shall not be demanded by, or paid over to the person or per- tors. sons lawfully entitled to receive the same within three months from and after the passing of this act, and also all moneys that may hereafter be received by the said sheriff, clerks, prothonotaries, or officers or county commissioners, as aforesaid, and which shall not have been paid over or demanded within twelve months from the

(n) The board cannot make a binding contract for the purchase of supplies after its annual appropriation is exhausted. Matthews v. Philadelphia, 93 P. S. 147. One who, at the request of the president of

the board, furnished coal to the almshouse for the balance of the price of a defaulting contractor, was held to have no right of action against the city. Spofford v. Philadelphia, 43 L. I. 184.

6 Sm. 138.

14 March 1814 § 9. receipt thereof, shall belong to the said [department], and shall be paid over to them; and the said sheriff, clerks, prothonotaries, officers and county commissioners shall keep separate accounts of the said moneys, and furnish copies thereof to the said [department] on the first Tuesday in the month of January, in each and every year, and pay over the same forthwith to the said [department] for the use of the poor.

14 March 1850 § 7. P. L. 217.

Streets not to be opened through the almshouse grounds.

2 Feb. 1854 § 19. P. L. 33.

the guardians.

562. The real estate held by said guardians in the township of Blockley, and county of Philadelphia, shall not be subject or liable to have any public road, street, lane or alley laid out or opened through it, except by and with the consent of the said guardians.

563. Upon organization all the estate whatsoever, real and personal, that shall then be by law or otherwise vested in or be in possession of the guardians for the Property to vest in relief and employment of the poor of the city of Philadelphia, the district of Southwark, and the townships of Northern Liberties and Penn, shall forthwith vest in the city of Philadelphia, subject to all the trusts, conditions and liabilities now legally applicable thereto; and the present guardians and officers of said body shall cease their functions, and the said guardians shall be vested with all the powers, faculties, rights, privileges and immunities of the present guardians of the poor, and subject to the performance of the duties thereof, except as hereby otherwise Laws to continue. provided; and all laws of this commonwealth, creating, governing and regulating the said corporation, shall continue in force and operation, and shall govern and regulate the guardians of the poor of the city of Philadelphia, except as the same may hereafter be altered by law or ordinance; and all sums of money due, payable to, or received by the board of guardians of the poor, shall be paid into the city treasury, and all sums expended by or for the purposes of the board of guardians of the poor shall be paid by the city treasurer, upon orders drawn under appropriation regularly made by councils.

5 March 1828 § 8. P. L. 168.

Visitors of the poor.

(6.) Out-door relief.

564. The board shall appoint suitable persons as visitors of the poor; the said visitors shall be continued in office at the discretion of the board, and shall give It such security for the faithful performance of their duty as may be required. shall be the duty of the visitors to act as agents, under the direction of the board, and when called upon by an applicant for relief, or by a citizen, in behalf of any poor person, to visit such party without delay, and after full examination, to report in writing the particulars of the case to the next meeting of the board, stating the residence, name, age, sex, color, birthplace, number of children, if any; on receipt of which report, the board, if satisfied of the necessity of the case, shall direct the mode and determine the amount of relief to be furnished to such applicant, and shall also cause the name, residence and amount of relief directed to be furnished, Sudden emergen- to be entered into a book to be kept for that purpose: Provided, That in all cases of sudden emergencies, when the party cannot be removed to the hospital or almshouse, it shall be the duty of the visitor, with the consent and approbation of one of the [board], to administer such relief and assistance as the case may require; the particulars of the case and the amount of relief to be reported to the next meeting of the [board], who shall take such order therein as they may think proper: And provided also, That after the necessary accommodations are prepared in the hospital, almshouse or other buildings, all relief granted to the out-door poor shall be temporary, and consist entirely of fuel, provisions, clothing, medicines and medical attendance: Provided always, That said [board] may, from time to time, appoint such number of sub-visitors, and also such other officers, as they may deem necessary, for the purpose of carrying the objects and provisions of this law into effect.

cies.

5 Jan. 1840 § 1. P. L. 12.

Relief in money.

29 March 1819 § 1. 7 Sm. 206.

565. So much of the act to which this is a supplement as prohibits the granting of out-door relief in money, be, and the same is hereby repealed; but no relief shall be granted unless a report from one of the visitors of the poor, as is now required by law, be first made; nor without the consent of a majority of the board at a stated meeting, and the ayes and noes taken thereon, and entered on the minutes; and no relief shall be granted to any individual or family for a longer period than six months, but the said relief, to any individual or family, may at any time be renewed for a like period upon a report from a visitor, and the same proceedings had thereon as before, and the relief authorized by this act, may at any time be suspended by the board by a vote taken and entered in the manner before directed.

(7.) Paupers.

566. Whenever any person is chargeable on any township, county or city, the overseers of the poor, or the directors of the poorhouse in any county, as the case may be, shall, and they respectively are hereby authorized to sue for, recover and Guardians may sue for property be- collect any money due or property belonging to such person, to be applied in longing to paupers, defraying the expenses of keeping such paupers; and if after the death of any such pauper, any debts or property shall be discovered which were due or belong

7 Sm. 206.

ing to him or her, the said overseers or directors shall have power to sue for and 29 March 1819 § 1. collect the same, and to apply the whole or so much thereof as may be necessary to defray the expenses incurred by the support and funeral of the said pauper; and if any balance remain, the same shall be paid over by the said overseers or directors to the legal heirs and representatives of such pauper upon demand, and the delivery of a bond to them, with sufficient surety, to indemnify such overseers or directors from the claims of all persons. (0)

P. L. 171.

567. The said board of guardians are hereby authorized, whenever any person 5 March 1828 § 14. or persons shall be received into the said almshouse, to inquire into the situation and circumstances of such persons, and into the causes which have produced his May open an acor her application for relief: and if in the opinion of said guardians the case shall count against a be such as to make it expedient, they shall cause to be opened in the books of the pauper. almshouse an account with the person or persons so received, and shall charge him, her, or them a fair and moderate price for the maintenance and other articles furnished for their relief; and shall credit such persons with a just and liberal allowance for any work they may perform or services they may have rendered; and persons who may be sent to the hospital and cured of any disease brought on by vicious habits shall be removed to the house of employment; and Vagrants may be also, any idle, disorderly and vagrant person who may be sent to the said compelled to work. almshouse by any of said guardians, may be detained in the said house by the board of guardians, and compelled to perform such work and services as the said board may order and direct, until they have compensated by their labor for the expenses incurred on their account, unless discharged by special permission of the board of guardians;(p) and it shall be the duty of said board of guardians to furnish such person or persons as aforesaid with sufficient work and employment, according to their physical abilities, so that the opportunity of reimbursement may be fully afforded; and for the more complete carrying into effect the provisions of this law, the said board of guardians are hereby authorized and empowered to exercise such power as may be necessary to compel all persons within the said almshouse and house of employment to do and perform all such work, labor and services as may be assigned to them by the said board of guardians: Provided, The same be not inconsistent with the condition or ability of such person. 568. It shall be lawful for the directors of the poor of any county, and for the 4 April 1877 § 1. overseers of any district, as the case may be, to make leases for a term of years of the real estate of any pauper, and receive the rents, issues and profits thereof, and May lease the real apply the proceeds, or so much thereof as may be necessary, to defray the expenses estate of pauper. incurred in the support and funeral of such pauper, and the balance or residue thereof shall be paid to the legal representatives of such pauper, after his or her death, upon indemnity being made to such directors or overseers to secure them from the claims of all other persons; and after the payment of the claims of such directors or overseers, the rents, issues and profits arising under such lease shall be payable to the legal representatives of such pauper.

P. L. 51.

Ibid. § 2.

569. All such leases heretofore made by any directors or overseers, for a term not exceeding twenty years from the date thereof, when possession has been taken thereunder, shall be good and valid, as though made subsequent to and under this Leases validated. act, and the proceeds thereof shall be payable as provided in the preceding section; and if the said real estate leased shall escheat to the commonwealth, the same shall remain subject to the lease during its continuance.

tice

P. L. 172.

poor

children.

570. The said board or a majority of them, be, and they are hereby authorized 5 March 1828 § 15. to put out as apprentices to some trade or calling all poor children who may become chargeable, (4) that is, the children of such poor persons as are dead without leav- Board may apprening any property, or any kindred bound by law to maintain them, or who, if living, have deserted them; males to the age of twenty-one, and females to the age of eighteen years: And whereas, It frequently happens that children who have been receiving public support for indefinite periods are claimed by their parents when they arrive at a proper age for being bound out as aforesaid, to prevent such binding; therefore, That the said [board] are authorized to bind out as aforesaid all children that have or may receive public support (r) either in the almshouse or children's asylum, although their parents may demand their discharge from said institutions, unless the expenses incurred in their support be refunded: Provided

(0) Where a person whom another is bound by contract to support becomes a public charge, the overseers, in consideration of the payment of a gross sum, have no power to relieve such person from the obligation of his contract. Humphrey v. Worth Township, 29 Pitts. L. J. 325.

(p) See act 1 June 1885, supra, pl. 552.

(q) The directors have no power to bind a child as an apprentice who has not become chargeable to the public. Commonwealth v. Martin, 1 Pears. 30. A child that has a grandfather or other relative, of sufficient ability, and liable for its support, is not a "poor child" within the meaning of the statute; and

cannot be bound apprentice by the guardians of the poor. Ex parte Whiting, 3 Pitts. 129.

(r) The guardians have power to bind out a child who has received out-door relief. Commonwealth v. Farley, 3 Clark. 49. They may apprentice a boy for a shorter time than when he arrives at twenty-one years of age. War. Op. 1885, 93. It is not necessary that the infant should join in the indenture. Commonwealth v. Jones, 3 S. & R. 158. The child must have a legal settlement. Commonwealth v. Jennings, 1 Bro. 197. Ex parte McDonald, 7 Leg. Gaz. 333. See Commonwealth v. Williams, 14 L. Bar 16.

5 March 1828 § 15.

P. L. 172.

21 April 1855 § 11.

L. 267.

Indentures.

6 April 1862 § 1. P. L. 538.

Children may be

always, That care be taken to put all children as aforesaid to proper persons, and in respectable families.

571. All indentures of apprenticeship by the [said board] shall be executed in the name of the said city; and the assent of the city thereto, and to all contracts, bonds and obligations entered into by any of the said departments, shall be evidenced by the signature of the president and secretary of such department affixed thereto.

572. It shall and may be lawful for any judge, mayor, alderman or justice of the peace of the city of Philadelphia, to indenture, bind or commit to the St. John's tice or committed orphan asylum, or the St. Vincent's home, located in the city of Philadelphia, orphan, destitute, abandoned or vagrant children.(s)

indentured by jus

to St. John's or

phan asylum or St. Vincent's home.

29 March 1803 § 24. 4 Sm. 61.

Entertaining perlegal settlement.R

(8.) Transient poor.

573. If any housekeeper, or inhabitant of the said city, district or township, shall hereafter take into, receive or entertain in his or her house or houses, any person or persons whomsoever (all mariners coming into this state, and every other healthy sons not having a person coming from any foreign port immediately into the said state, only excepted), being persons who have not gained a legal settlement in some other township, borough or place within this state, and shall not give notice in writing, which they are hereby required to do within three days next after the taking into or entertaining any person or persons in his or her house, within the said city, district or township, to the guardians of the poor, or some one of them, of the said city, district and township, such inhabitant or housekeeper being thereof legally convicted by testimony of one credible witness, on oath or affirmation before any one alderman of the city of Philadelphia, or before any one justice of the peace residing in the said district or township, shall forfeit and pay the sum of four dollars for every offence, the one moiety for the use of the poor of said city, district and township, and the other moiety to the informer, to be levied on the goods and chattels of the delinquent, in the manner hereinafter directed, and for want of sufficient distress, the offender to be committed to the jail of the city and county of Philadelphia, there to remain without bail or mainprise for the space of ten days.

Ibid.

Housekeeper liable for maintenance and funeral expenses.

29 March 1803 § 19. 4 Sm. 58.

Certificate of settlement.

574. In case the person or persons so entertained or concealed shall become poor, and unable to maintain him or herself, and cannot be removed to the place of his or her last legal settlement in this or any other state, if any such he or she hath, or shall die, and not have wherewithal to defray the charges of his or her funeral, then and in such case the housekeeper or person convicted of entertaining or concealing such poor person, against the tenor of this act, shall be obliged to provide for and maintain such poor and indigent person or persons; and in case of such poor person's death shall pay the guardians of the poor so much money as shall be expended on the burying of such poor and indigent person or persons; and upon refusing so to do, it shall be lawful for the guardians of the poor in the said city, district and township, and they are hereby required, to assess a sum of money on the person or persons so convicted, from time to time, by weekly assessment, for maintaining such poor and indigent person or persons, or assess a sum of money for defraying the charges of such poor person's funeral, as the case may be; and in case the party convicted shall refuse to pay the sum of money so assessed or charged, to the guardians of the poor for the uses aforesaid, the same shall be levied on the goods and chattels of the offender, in the manner hereinafter directed; but if such person so convicted have no goods or chattels to satisfy the money so assessed for him or her to pay, then it shall and may be lawful for the said alderman or justice to commit the offender to prison, there to remain until he or she hath paid the same, or until he or she shall be discharged by due course of law.

(9.) Settlements. (t)

575. If any person or persons shall come out of any borough, township or place within this state, into the said city, district or township of the Northern Liberties, there to inhabit and reside, and shall at the same time procure, bring and deliver unto the guardians of the poor in the said city, district and township, a certificate under the hands and seals of the overseers of the poor of the borough, township or place whence he, she or they removed, to be attested by two or more credible witnesses, thereby acknowledging the person or persons mentioned in the said certificate to be an inhabitant or inhabitants legally settled in that borough, township or

(s) The acts 5 April 1872, P. L. 42, and 24 April 1869, give the board of public charities supervision of the guardians of the poor and almshouses.

(t) The settlement of a pauper is the place of his birth until he acquires another. Toby v. Madison, 44 P. S. 60. Wayne v. Jersey Shore, 1 W. N. C. 341. The settlement of the parent is that of the child until another is acquired. Northumberland v. Monroe, 1 C. P. Rep. 149. But the settlement of an emancipated son does not follow that of his father on the latter's

change of residence. Washington v. Beaver, 3 W. & S. 548. So, an able-bodied child, of full age, does not, by a removal with his father's family, to another township, and a residence therein, without a contract of hiring, acquire a settlement in the latter township. Davidson v. Moreland, 7 W. N. C. 12. The legal settlement of an idiot à nativitate follows that of his father. Shippen v. Gaines, 17 P. S. 38. Under what circumstances a settlement by birth is regained. Upper Milford v. Lower Macungie, 3 Whart. 71.

4 Sm. 58.

place; every such certificate having been allowed of and subscribed by one or more 29 March 1803 § 19. justices of the peace of the county where such borough, township or place doth lie, shall oblige the said borough, township or place, to provide for the persons mentioned in the said certificate, together with his or her family, as inhabitants of that place, whenever he, she or they shall happen to become chargeable, or be obliged to ask relief of the said city, district and township; and then, and not before, it shall and may be lawful for any person, and his or her children, though born in the said city, district or township, and his or her servants and apprentices, not having otherwise acquired a legal settlement therein, to be removed, conveyed and settled in the borough, township or place whence such certificate was brought; and the witnesses who attest the execution of the certificate by the overseers, or one of the said witnesses, shall make oath or affirmation, according to law, before the justice or justices who are to allow the same, that such witness or witnesses did see the overseers of the poor, whose names and seals are thereunto subscribed and set, severally sign and seal the said certificate, and the names of such witnesses attesting the said certificate are of their own proper handwriting; which said justice or justices shall also certify that such oath or affirmation was made before him or them; and every such certificate so allowed, and oath or affirmation of the execution thereof so certified by the said justice or justices, shall be taken and received as evidence without other proof thereof; and no person so coming by certificate into the said city, dis- New settlement. trict or township, nor an apprentice or servant to such person, shall be deemed or adjudged by any act whatsoever to have gained a legal settlement therein, unless such person shall, after the date of such certificate, execute some public annual office, being legally placed therein in the said city, district or township.

Ibid. § 20.

576. No person whomsoever, who shall come into the said city, district or township, without such certificate as aforesaid (mariners and other healthy persons com- Persons coming ing from Europe excepted), (u) shall gain a legal settlement therein, unless such without certificate. person shall give security, if required, at his or her coming into the same, or within three months thereafter, for indemnifying and discharging the said city, district

and township, to be allowed by any one alderman of the said city, or justice of the

peace residing in the district or township aforesaid.

577. No person who shall hereafter come from any state or territory of the 81 March 1812 § 4. United States, to inhabit in the said city, district or township, not having a legal 5 Sm. 392. settlement therein, except persons who shall heretofore have gained a legal settle- Persons coming ment in the state of Pennsylvania, shall be adjudged and deemed to gain a legal from other states settlement, but on the same terms and conditions on which such person would be and territories. entitled to gain a legal settlement in the state or territory from which such person shall have so removed to the said city, district or township.

P. L. 172.

578. If any person who has or shall come to inhabit in the said city, district or 5 March 1828 § 16. townships, shall for himself and on his own account, execute any public office, being legally placed therein, in the said city, district or townships, during one How a settlement whole year, or if any person shall be charged with and pay his or her share towards may be acquired. the public taxes (v) or levies for the poor of the said city, district or townships, for two years successively, or if any person shall really and bonâ fide take a lease of any lands or tenements in the said city, district or townships, of the yearly value of ten pounds, (w) and shall dwell in or upon the same for one whole year at one and the same time, and pay the said rent(x) or shall become seised of any freehold estate(y) in any lands or tenements in the said city, district or townships, and shall dwell in or upon the same for one whole year; and if an unmarried person, not having children or child,(z) shall be lawfully bound or hired as a servant in the said city, district or townships, and shall continue and abide in such service during one whole year, (a) or if any person shall be duly bound an apprentice_by indenture, and shall inhabit the said city, district or townships, with his or her

(u) By the act 13 June 1836, § 9, P. L. 542, such persons can gain a settlement if they reside for the space of twelve months in the district in which they shall first settle.

(c) A settlement may be gained by the payment of a county tax only. Directors v. Guardians of Philadelphia, 5 S. & R. 417. But the voluntary payment by a tax collector, in the settlement of his duplicate, does not confer a settlement on the person charged with the tax. Beaver v. Rose, 29 Pitts. L. J. 338.

(c) See act 25 May 1840, § 4, P. L. 513.

(z) By living in a house for a year, and by agreement with the lessee, paying a proportion of the rent, exceeding $10, the party gains a settlement. Over seers v. Forest County, 91 P. S. 404. But it is not necessary that the lease should be for any fixed period of time. Lower Dublin v. Byberry, Q. S. Phila., temp. Rush, P. J., MS. A pauper may gain a settlement by residing in one or more tenements in the same district, and paying at least ten dollars rent, though the rent be paid from the earnings of a minor son. Dennison v. Pittston, 1 Kulp 340. But the party must dwell therein for one whole year, and pay

the rent; an occupancy of another house, before the expiration of the year, belonging to the same owner, but without his permission and without payment of rent, cannot be tacked to the occupancy of the first, so as to confer a settlement. Beaver v. Rose, 29 Pitts. L. J. 338. The payment need not be made in money. Laporte v. Hillsgrove, 95 P. S. 269.

(y) The holding of an estate at will for more than a year does not confer a settlement. Northumberland v. Monroe, 1 C. P. Rep. 149.

(z) A widow with a child cannot gain a settlement by one year's service within the district. Allegheny County Home v. South Buffalo, 26 Pitts. L. J. 115. But an unmarried woman with a bastard child can. Township v. Borough, 1 C. C. 121.

(a) It is sufficient, if there have been a service for a year, under one or more contracts; a temporary absence with the leave of the master does not break the continuity of the service. Heidelberg v. Lynn, 5 Whart. 430. Byberry v. Oxford, 2 Ash. 9. But there must be a contract for the payment of wages, which could be enforced by suit at law. Plum Creek v. South Bend, 1 Penny. 408.