POOR. to provide, as is hereinafter directed, for every poor person within the district, 18 June 1836 § 1. having a settlement therein, who shall apply to them for relief. (x) 31. If such poor person be able to work, but cannot find employment, it shall be the duty of the overseers to provide work for him, according to his ability; and for this purpose they shall procure suitable places and a sufficient stock of materials. P. L. 541. vide relief. Ibid. § 2. Overseers to pro And employment. 32. It shall be lawful for the overseers of any district, with the concurrence and under the directions of the supervisors of the township, to employ such poor on the roads. person, being a male of sufficient ability, in opening or repairing any road or highway within the district. Ibid. § 4. 33. If such poor person, by reason of age, disease, infirmity, or other disability, be unable to work, it shall be the duty of the overseers to provide him with the Subsistence for necessary means of subsistence. those unable to Ibid. § 5. To relieve persons 34. It shall also 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 not having a settlesettlement.(y) ment. 30 June 1885. for poor. 35. It shall be lawful for the overseers of every district to contract with any person(z) for a house or lodging for keeping, maintaining and employing such poor persons of the district, as shall be adjudged proper objects of relief, and there to Overseers may keep, maintain and employ such poor persons; and, with the approbation of the contract for house court of quarter sessions of the proper county, for the same purpose to purchase suitable real estate in fee or for a term of years, and to improve the same, and to receive the benefit of their work and labor, for and towards their maintenance and support; and, if any poor person shall refuse to be kept and employed in such house, or upon such real estate, he shall not be allowed to receive relief from the overseers during such refusal.(a) P. L. 546. 36. If any person shall come out of any city or district in this commonwealth, 13 June 1836 § 23. into any other district, and shall happen to fall sick (b) or die, before he have out of their places gained a settlement therein, so that he cannot be removed, the overseers of such How expenses of district shall, as soon as conveniently may be, give notice to the guardians or over- relieving paupers seers of the city or district where such person had last gained a settlement, or to of settlement to be one of them, of the name, circumstances and condition of such poor person; and recovered. if the guardians or overseers to whom such notice shall be given, shall neglect or refuse to pay the moneys expended for the use of such poor person, and to take order for relieving and maintaining him, or in case of his death before such notice could be given, shall, on request made, neglect or refuse to pay the moneys expended in maintaining and burying such poor person; in every such case, it shall be the duty of the court of quarter sessions of the county where such poor person was last settled, upon complaint to them made, to compel payment by such guardians or overseers, of all such sums of money as were necessarily expended for such purpose, in the manner directed by law, in the case of a judgment obtained against overseers.(c) P. L. 184. borne by counties 37. In all counties of this commonwealth, where poor or almshouses are not 25 June 1885 § 1. provided by law for indigent persons in and for said counties, and where said individuals are found travelling about, and not residents of said counties, and meet Care and burial of with accidents or injuries, from any cause whatever, so as to render them either non-residents to be temporarily or permanently injured, or a charge, or causing their death, all the without poorexpenses so incurred shall be borne by the county in which said accident, or injury or death may have occurred, and not by the boroughs or townships wherein said accident, or injury or death did occur. 38. It shall, however, be temporarily the duty, when such persons are injured, of the overseers of the poor of said boroughs (d) or townships, wherein said acci § 16. 1 Sm. 338. See Overseers v. Kline, 9 P. S. 219. They are not jointly liable for money collected by each other in their official capacity. Huling v. Overseers, 3 W. & S. 367. () And to pay the funeral expenses of such destitute person, after his decease. Directors of the Poor It is an indictable offence, v. Wallace, 8 W. & S. 94. to sell the keeping of paupers to the lowest bidder. Milton v. Williamsport, 9 P. S. 48-9. (y) They are bound to maintain every poor person within their districts, not having a settlement therein, who shall apply to them for relief, until he can be removed to the place of his last settlement; and if, in an attempt so to remove him, he be left in a township not legally chargeable with his support, he may be returned to the township where he first became chargeable. Kelly v. Union, 5 W. & S. 535. Milton v. Williamsport, 9 P. S. 46. (2) By act 15 April 1845, § 20, the overseers of York county are forbidden to sell any provisions of their own raising, to the almshouse and hospital of said county, under a penalty of $100. P. L. 470. houses. Ibid. (a) This is an amendment of the act 13 June 1836, § 7, P. L. 541. (b) If a person suddenly fall sick, and after an order for his relief, die, the township of his legal setand burial. South Huntingdon v. East Huntingdon, tlement is liable for the expenses of his maintenance 7 W. 527. The township where a person, not having Verany legal settlement in the state, first becomes disabled by a hurt, is liable for his maintenance. sailles v. Mifflin, 10 W. 360. (c) The remedy hereby given must be pursued; an action of assumpsit will not lie in the common pleas. Chester County v. Malany, 64 P. S. 144. Delaware v. See Renovo v. Half-Moon, Greenwood, 66 Ibid. 63. 78 Ibid. 301. (d) The overseers of a borough cannot compel the travelling about, if his sickness be produced from no Overseers v. county to pay for the relief of a poor person, found injury or hurt from external causes. County, 1 C. C. 593. 1704 25 June 1885 § 1. P. L. 184. Boroughs or town ships to take temporary charge. Expenses to be refunded. Ibid. § 2. Information to Ibid. § 3. POOR. dents occur, to look after and attend to the wants of all such parties, injured or killed, and, as soon as convenient thereafter, inform the county commissioners, or their regularly authorized clerk, of the injuries, or condition or death of all such parties; and any expenses thereby incurred, by said boroughs or townships, shall be paid or refunded by the counties, through their county commissioners. 39. When such accident, or injury or death occurs, any individual may give the information, to either the borough, or township poor authorities, or to the county commissioners, or their authorized clerk, and it shall be the duty of any of those parties so informed to look after and attend to the same. 40. Should any of the aforementioned officials, the county commissioners, their Penalty for neglect regularly authorized clerk, or the overseers of the poor of any borough or townon part of officials. ship, when notified or informed of the same, neglect or refuse to attend to the duties herein imposed upon them, it shall be considered a misdemeanor in office, for which they shall be liable in law, as for all other neglects or refusal to perform their legal duties as county, borough or township officials. Ibid. covered from localities legally liable. 41. The provisions of this act shall in nowise prevent the county commissioners of Expenses to be re- said counties so rendering aid and assistance to parties whose residences are elsewhere and can be ascertained, from recovering the same off the localities, where the last settlement of said parties is; and it shall be their duty and they are hereby authorized so to do, in the same manner that like claims are now recoverable by one poor district against another: Provided further, That this act shall not apply to the aforementioned counties, which have a poor or almshouse erected for the care of parties of this character. 6 June 1893 § 1. Overseers to provide support and burial for persons tlement is un 42. In each and every county of this commonwealth in which a poor or almshouse for the support, care and shelter of the needy and indigent is not maintained by and at county expense, it shall be the duty of the poor directors or overseers of the poor of the several poor districts in such counties to provide all whose place of set- needy, sick and injured indigent person or persons in their said several districts with necessary support, shelter, medicine, medical attendance, nursing, and in case of death, burial, whether said needy, sick and injured indigent person or persons have a legal settlement in the poor district in which they thus require and receive assistance or not; but all expenses thus incurred for the relief, support, nursing, care or burial of such indigent person or persons whose legal settlement is unknown shall be borne by the county in which the poor district furnishing such relief is located. known. Expense to be borne by county. Ibid. Action against county for expenses. Ibid. § 2. Repealing clause. 18 June 1836 § 8. P. L. 541. To bind poor children apprentices. Ibid. § 45. Definition of term "district." Ibid. § 6. Orders of relief. 43. And in the event of any such poor district having assumed or paid the expenses thus incurred for the relief or burial of any indigent person or persons whose legal settlement is unknown, the county in which such shall be liable to such poor district in an action of assumpsit in a civil court for poor district is located the amount thus expended or incurred, and the want of an order of relief or approval order shall not be a bar to recovery. 44. All acts or parts of acts inconsistent herewith be and the same are hereby repealed. 45. It shall be lawful for the overseers of every district, with the approbation and consent of two or more magistrates of the same county, (e) to put out as apprentices, all poor children whose parents are dead, or by the said magistrates found to be unable to maintain them,(g) so as that the time or term of years of such apprenticeship, if a male, do expire at or before the age of twenty-one years, and if a female, at or before the age of eighteen years. 66 "" 46. The word "district in this act, shall be construed and taken to mean 'township " and "borough," and every other territorial or municipal division, in and for which officers charged with the relief and support of the poor are directed or authorized by law to be chosen ;(h) but nothing in this act contained shall be taken to repeal or otherwise interfere with any special provision made by law for any city, county, township, borough or other territorial or municipal divisions. 47. No person shall be entered on the poor-book of any district, or receive relief from any overseers, before such person, or some one in his behalf, shall have procured an order(i) from two magistrates(k) of the county for the same; and in (e) The assent of the parent is not necessary; nor that the infant should join in the indenture. Commonwealth v. Jones, 3 S. & R. 158. By the 46th section of the act of 13 June 1836, the directors of the poor in Washington county may bind, without the approbation of two justices. And so may those of Delaware county, by act 1 March 1867, P. L. 319. (g) If there be grand-parents of sufficient ability to maintain the children, a binding by the overseers is void. Whiting's Case, 3 Pitts. 129. (h) Where a pauper was chargeable to a township, which was divided, it was held that the overseers of the township which maintained him after the division, might maintain assumpsit against the other township, for a ratable proportion of the expense. Whitehall v. South Whitehall, 3 S. & R. 117. North see Hopewell v. Independence, 12 P. S. 92. And order of maintenance, and the township would be liable without such order. Roxborough v. Bunn, 12 (i) In cases of emergency, relief must precede the physician may recover for medical services rendered S. & R. 292. Milton v. Williamsport, 9 P. S. 47. A to a pauper, in case of emergency, without a previous Directors v. Murry, 32 Ibid. 178. And an order oborder of relief, if such order be subsequently obtained. tained two years afterwards is not too late. Directors order of maintenance. Lampiter v. Lancaster, 2 Y. v. Worthington, 38 Ibid. 160. No appeal lies from an 164. See Tioga v. Lawrence, 2 W. 43. By act 25 January 1853, this section is repealed as to the cities of Pittsburgh and Allegheny; and the guardians and directors of the poor in said cities are authorized to relieve without an order. P. L. 12. (k) Orders for relief may be made by a single case any overseer shall enter in the proper book or relieve such poor person with- 18 June 1836 § 6. out an order, he shall forfeit a sum equal to the amount of value given, unless such entry or relief shall be approved of by two magistrates as aforesaid. P. L. 541. 48. Any overseer or poor director of any poor district, who is or shall be ap- 18 May 1879 § 1. pointed by the court of quarter sessions, according to law, in any of the counties P. L. 59. of this commonwealth, may, at his discretion, and without order or certificate Relief may be from a justice of the peace or alderman, enter upon the poor-book, grant relief to, granted, without or admit to the poor-house of his proper district, any poor or indigent person or order of justices. persons, entitled by the laws of this commonwealth to such aid or relief; and in no case shall such order be required or fees allowed to any justice or justices, alderman or aldermen therefor. 23 May 1893. P. L. 116. 49. Hereafter no poor district in this commonwealth shall be held or adjudged liable to any person for or on account of relief of any kind or nature whatsoever afforded by him to any poor, sick or destitute person for more than ten days im- District not liable mediately preceding the time when an order for the relief of such poor person shall relief more than 10 have been procured and delivered to the overseers of the poor of the district days preceding wherein such relief shall have been afforded. V. Of settlements. 50. A settlement may be gained in any district :(1) I. By any person who shall come to inhabit in the same, and who shall, for himself and on his own account, execute any public office, being legally placed therein, during one whole year. II. By any such person who shall be charged with and pay his proportion of any public taxes or levies, for two years successively.(m) III. By any person who shall bonâ fide take a lease(n) of any real estate, of the yearly value of ten dollars, (o) and shall dwell upon the same, for one whole year,(p) and pay the said rent.(q) IV. By any person who shall become seised of any freehold estate within such district, and who shall dwell upon the same, for one whole year. (r) V. By any unmarried person, not having a child, (s) who shall be lawfully bound or hired as a servant, within such district, and shall continue in such service during one whole year.(1) VI. By any person who shall be duly bound an apprentice by indenture, and shall inhabit in the district, with his master or mistress, for one whole year. VII. By any indented servant, legally and directly imported from Europe into this commonwealth, who shall serve for the space of sixty days in the district into which he shall first come: Provided, That if such servant shall afterwards duly serve in any other district, for the space of twelve months, either with his first employer or his assignee, he shall obtain a legal settlement in such other district.(u) justice, in the counties of Northampton, Schuylkill and Somerset, by act of 4 March 1850, P. L. 122. And see acts 30 April 1855, P. L. 380, and 6 March 1860, P. L. 113, as to the counties of Bradford, Fayette, Greene and Washington. (1) The place of settlement of the father is that of the children, until the latter acquire a new settlement. Lewis v. Turbut, 15 P. S. 145. Toby v. Madison, 44 Ibid. 60. Nippenose v. Jersey Shore, 48 Ibid. 402. Burrell v. Pittsburgh, 62 Ibid. 472. Northumberland v. Monroe, 1 C. P. Rep. 149. The place of birth is prima facie that of settlement, when the settlement of the parents is unknown. Wayne v. Jersey Shore, 32 Sm. 264. See Limestone v. Chillisquaqua, 87 P. S. 294. Middle Coal Field v. Parryville, 41 L. I. 366. Davidson v. Moreland, 7 W. N. C. 12. Williamsport v. Eldred, 84 P. S. 429. Lake District v. South Canaan, 87 Ibid. 19. An idiot à nativitate can acquire no settlement. Shippen v. Gaines, 17 P. S. 38. See Upper Milford v. Lower Macungie, 3 Wh. 71. (m) Payment of a United States tax is not sufficient. Bucks County v. Briar Creek Township, 10 S. & R. 179. But a county tax is within the act. Bucks County v. Philadelphia, 5 S. & R. 417. And it need not be a personal tax. Toby v. Pine, 19 Pitts. L. J. 73. See Scranton v. Danville and Mahoning, 15 W. N. C. 183. (n) Such lease need not be in writing. Beaver v. Hartley, 11 P. S. 254. Nor is it necessary that it should be for any fixed period of time. Lower Dublin v. Byberry, 3 Bright. Dig. 3604, pl. 13. And see Harmony v. Forest County, 91 P. S. 404. Denison v. Pittston, 1 Kulp 340. Beaver v. Rose, 29 Pitts. L. J. 338. A widow, by leasing property, may acquire a settlement. Burrell v. Pittsburgh, 62 P. S. 472. (0) Increased to ten pounds, in Philadelphia, by act 25 May 1840. P. L. 513. (p) The fraction of a day is not to be regarded in to person affording order of relief. 13 June 1836 § 9. P. L. 542. How settlements may be gained. the computation. Regina v. St. Mary, 1 Ellis & Bl. 816. See Lenox v. Nicholson, 3 Luz. L. Obs. 310. (q) Payment by a surety is sufficient. Butler v. Sugarloaf, 6 P. S. 262. And such payment need not be in money; it may be in labor, or otherwise, if of the value of $10 per annum. Beaver v. Hartley, 11 P. S. 254. Laporte v. Hillsgrove, 95 Ibid. 269. (r) A pauper gains a settlement by contracting for a lot, under a yearly rent-charge, and building and residing thereon, though he obtain no need for it. Respublica v. Caernarvon, 2 Y. 51. Tenancy by the curtesy initiate is not such a freehold as gives a person a settlement. Overseers of Penn. v. Overseers of Locust, 14 C. C. 162. (s) This means a legitimate child; an unmarried woman having a bastard child, may acquire a settlement by hiring and services. Overseers of Buffalo v. Overseers of Lewisburg, 42 L. I. 434. (t) It is not necessary that the hiring, but only that the service should be for a year. Heidleberg v. Lynn, 5 Wh. 430. Byberry v. Orford and Lower Dublin, 2 Ash. 9. But the service must be by virtue of a hiring; service alone, without hiring, will not gain a settlement. Lewistown v. Granville, 5 P. S. 283. Plum Creek v. South Bend, 1 Penny. 408. To constitute a hiring, the consideration need not be paid in money. Briar Creek v. Mount Pleasant, 8 W. 431. See Tioga v. Lawrence, 2 Ibid. 43. Reading v. Cumree, 5 Binn. 81. But a contract that one shall provide a shop, loom and tackle, and the other shall perform the labor of weaving, and that each shall receive one-half of the profits, constitutes a partnership, and not a hiring within the statute. Gregg v. HalfMoon, 2 W. 342. See Montour v. Chillisquaqua, Leg. Gaz. 42. Allegheny County Home v. South Buffalo, 26 Pitts. L. J. 115. () An indented servant gains a settlement where he first serves sixty days, either with the master to 13 June 1836 § 9. P. L. 542. Ibid. § 10. Settlement of married women. Ibid. § 11. Illegitimate children. Ibid. § 12. VIII. By any mariner coming into this commonwealth, and by any other healthy person coming directly from a foreign country into the same, if such mariner or other person shall reside for the space of twelve months in the district in which he shall first settle and reside. (v) 51. Every married woman shall be deemed, during coverture, and after her husband's death, to be settled in the place where he was last settled; (w) but if he shall have no known settlement, (x) then he shall be deemed, whether he be living or dead, to be settled in the place where she was last settled before her marriage. 52. Every illegitimate child shall be deemed to be settled in the place where the mother was legally settled, at the time of the birth of such child. (y) 53. If the last place of settlement of any person who shall have become chargeable, shall be in any township which shall have been divided by the authority of Where township is the laws, such person shall be supported by that township within the territory of which he resided at the time of gaining such settlement.(z) divided. Ibid. § 13. Housekeepers to give notice of re 54. It shall be the duty of every housekeeper who shall receive into his house any person who has not gained a legal settlement in some part of this commonwealth (all mariners coming into this commonwealth, and every other healthy perception of transient son coming from a foreign country immediately into this commonwealth, only excepted), within ten days after receiving such person, to give notice thereof, in writing, to the overseers of the proper district. (a) poor. Ibid. § 14. Penalty for neglect. Ibid. § 15. How enforced. Ibid. § 25. ing paupers from another state. 55. If any housekeeper shall fail to give notice as aforesaid, and if the person so received shall become poor and unable to maintain himself, and cannot be removed to the place of his last legal settlement in any other state, if any such he hath, such housekeeper shall be obliged to provide for and maintain such poor person; and in case of the death of such poor person, without leaving wherewithal to defray the expense of his funeral, such housekeeper shall pay the overseers so much as they shall reasonably expend for such purpose. 56. If such housekeeper shall refuse to pay the charges aforesaid, the overseers shall assess upon him the amount necessary to maintain such poor person, weekly, or such sum as shall be necessary to pay such funeral charges, and shall have power to collect the same by warrant of distress; but if such delinquent shall have no goods or chattels liable to distress, he may be committed to jail, there to remain until he shall have paid the same, or shall be otherwise legally discharged. 57. If any person shall bring, or cause to be brought, any poor person from any Penalty for bring place without this commonwealth to any place within it, where such person was not legally settled, and there leave, or attempt to leave such person, he shall forfeit and pay the sum of seventy-five dollars for every such poor person, to be sued for and recovered by the overseers of the district, into which such poor person may have been brought, and moreover, shall be obliged to convey such poor person out of the commonwealth, or support him at his own expense. 18 June 1836 § 16. P. L. 546. Proceedings to remove pauper. VI. Of orders of removal. 58. On complaint made by the overseers of any district to one of the magistrates of the same county, (b) it shall be lawful for the said magistrate, with any other magistrate of the county, where any person has or is likely to become chargeable to such district into which he shall come, by their warrant or order, (c) directed whom he was indebted, or with his assignee; and it is of no consequence, that the assignment is voidable by the servant, provided he perform his service under it. Although the assignment may be absolutely void, yet a service performed to the assignee, in one township, with the consent of the master, in another, is a service with the master in the township of the assignee, and obtains a settlement there. Reading v. Cumree, 5 Binn. 86. (v) Where a person abandons his settlement and acquires another in another state, his status, on returning, is that of a foreigner. Juniata Co. v. Delaware Township, 107 P. S. 68. (1) She will not lose her husband's settlement by a divorce. Buffaloe v. Whitedeer, 15 P. S. 182-4. Lake District v. South Canaan, 87 Ibid. 19. And though she has a legal settlement in the township where her husband was settled at the time of his death, this does not prevent her from acquiring a new settlement by her own act, after his decease. Mifflin v. Elizabeth, 18 P. S. 17. (x) An order removing a married woman to the place where she was last legally settled, before her marriage, is not defective, because it omits to state that her husband had no known legal settlement; the court will not presume that he had any such settlement. Reading v. Cumree, 5 Binn. 81. (y) See Nippenose v. Jersey Shore, 48 P. S. 402. Lower Augusta v. Selinsgrove, 64 Ibid. 166. (2) The settlement of the father is that of the child, until the latter acquire a new one; and if the township in which the father was settled be divided after his death, the place of settlement of the child is in the township in the territory of which the father resided at his death. Lewis v. Turbut, 15 P. S. 145. And that territory is to maintain the pauper, whether he had been chargeable to the parent township or not. Hopewell v. Independence, 12 P. S. 92. See North Whitehall v. South Whitehall, 3 S. & R. 117. Davidson v. Moreland, 7 W. N. C. 12. (a) See Roxborough v. Bunn, 12 S. & R. 292-6. Ross (b) Justices of the peace are incompetent, on the ground of interest, to grant an order of removal from their own township. Upper Dublin v. Germantown, 2 Dall. 213; s. c. 1 Y. 250. Washington v. Beaver, 3 W. & S. 548. McVeytown v. Union, 5 Ibid. 434. Poor District, 13 Luz. L. Reg. 439. The aldermen of Pittsburgh have authority to grant orders of removal. St. Clair v. Moon, 6 W. &. S. 522. A township cannot be made chargeable with the expense of maintaining a pauper, otherwise than by the previous order of two justices. Overseers v. Baker's Executors, 2 W. 280. (e) The order must state that the complaint was made by the overseers, and an adjudication that the pauper was likely to become chargeable. Dromore v. West Hanover, 1 Y. 366. But it need not set forth the evidence. Fallowfield v. Marlborough, 1 Dall. And no intendment will be made against the order. Reading v. Cumree, 5 Binn. 81. The pauper 28. POOR. P. L. 546. to such overseers, to remove such person, at the expense of the district, to the city, 18 June 1836 § 16. 59. Provided, That it shall not be lawful, by virtue of any order of removal, to separate any wife from her husband. Ibid. § 17. arated from hus- Wife not to be sep Ibid. § 18. 60. It shall be the duty of the guardians or overseers of the city or district to ing to receive pauwhich such poor person may be removed, by warrant or order as aforesaid, to receive such poor person, and if any such guardian or overseer shall refuse or neglect Penalty for refusso to do, he shall forfeit for every such offence the sum of twenty dollars, to be re- per so removed. covered as hereinafter provided, and applied to the use of the poor of the district from which such poor person may be removed as aforesaid.(h) Ibid. § 19. Parties may appeal 61. Provided always, That any person aggrieved by any such order of removal, defect any may appeal (i) to the next court of quarter sessions, (k) for the county from which such poor person may be removed, and not elsewhere; and if there be of form in such order, (1) the said court shall cause the same to be amended, (m) moval. without cost to the party, and after such amendment, if the same be necessary, shall proceed to hear and determine the cause upon its truth and merits;(n) but no such cause shall be proceeded in, unless reasonable notice shall have been given by the party appellant, to the overseers of the district from which the removal shall have been made, the reasonableness of which notice shall be determined by the said court, at the session to which the appeal may be made; and if it shall appear to them, that reasonable notice was not given, they shall adjourn the appeal to their session, and then determine the same. Ibid. § 24. 62. If any magistrate shall refuse to grant a warrant or order of removal as aforesaid, it shall be lawful for the overseers aggrieved by such refusal, to appeal to the next court of quarter sessions of the county in which such magistrate resides, who order of removal is shall thereupon hear and finally determine the same. Remedy where 63. It is the true intent and meaning of the existing laws of this common- 15 April 1867 § 1. wealth, that the district so accepting such poor person, shall be liable to the district himself is not a party. West Buffaloe v. Walker, 7 W. 173. But he cannot be removed, whilst so ill that his life will be endangered by it. Kelly v. Union, 5 W. & S. 536. The order may be amended. Chillisquaqua v. Lewisburg, 2 Penny. 487. An order of removal is void unless founded on a previous order of relief, except, perhaps, in cases of emergency. Elk Township Overseers v. Jordan Township Overseers, 10 C. C. 245. (d) A pauper cannot be removed, except to his Jordan v. Mount last place of legal settlement. Pleasant, 10 Pitts. L. J. 115. If an unmarried indented female servant become pregnant, and be removed by her mistress into another township, for the purpose of lying-in, the expenses of which the mistress is able and agrees to pay, the overseers of that township may, notwithstanding before the birth of the child, remove her to the place of her last legal settleWhere ment. Philadelphia v. Bristol, 6 S. & R. 562. children under the age of seven years are sent to the place of their mother's settlement for nurture, the expense of their maintenance is to be borne by the place from which they are removed, and not by Bucks County v. Philathat to which they are sent. delphia, 1 S. & R. 387. The settlement of a pauper can only be decided by two justices, or in a court of quarter sessions, on appeal; it cannot be collaterally determined, in an action before a single justice, or in An a court of law. Point v. Lycoming, 2 R. 26. order of removal, followed by an ineffectual attempt to appeal, after the time has elapsed for that purpose, is conclusive evidence of his place of settlement, in a In such subsequent proceeding for that purpose. case, it is most proper to proceed on the first order of removal. Westmoreland County v. Conemaugh, 34 P. S. 231. See Sugarloaf v. Schuylkill County, 44 Ibid. 481. Schuylkill County v. Montour, Ibid. 484. Our courts have no power to order the removal of a pauper to his place of settlement in another state; there is no mode by which such order can be carried into execution. Limestone v. Chillisquaqua, 87 P. S. 234. (e) See Toby v. Madison, 44 P. S. 60. Limestone v. Chillisquaqua, 87 Ibid. 294. An (g) Where there is no appeal, the overseers may P. L. 84. removing the pauper and leaving her at the house of a resident of the accepting district. Houston Overseers v. Jay Overseers, 9 C. C. 412. (h) See Sugarloaf v. Schuylkill County, 44 P. S. 481. (i) If the justice have no jurisdiction, an appeal does not lie. St. Clair v. Moon, 6 W. & S. 522. No tices for the removal of a pauper. Bradford v. appeal lies from an order, vacating one of two jusGoshen, 57 P. S. 495. (k) The appeal must be taken to the next court, whether notice of the order was given or not. Sugar Creek v. Washington, 62 P. S. 479. Cherry v. Marion, See Chester County v. Malaney, 64 96 Ibid. 528. Ibid. 144. Northampton County v. Limestone, 68 Ibid. 386. (1) An informality in the proceedings of the justices cannot be taken advantage of, after an appeal, and decision on the merits. Tioga v. Lawrence, 2 W. 43. The quarter sessions is to decide on the merits, without regard to defects in the order. Reading v. Cumree, 5 Binn. 81. (m) This is to receive a liberal construction. Cumberland v. Jefferson, 25 P. S. 463. West (n) It must be decided on legal evidence. Walker v. West Buffaloe v. Walker, 7 W. 171. Bucks County v. Philapart, and quashed in part. Buffaloe, 11 P. S. 97. The order may be confirmed in delphia, 1 S. & R. 387. An order confirmed, is conclusive against the appellant, in favor of all the world; an order discharged, is conclusive between the parties litigant; an order quashed, is conclusive on neither. West Buffaloe v. Walker, 8 P. S. 177. Walker v. West Buffaloe, 11 Ibid. 95. The decision is conclusive upon a new township, subsequently created, by a division of one of them. Gibson v. Nicholson, 2 S. & R. 422. On a certiorari, the supreme court is confined to a revision of the regularity South Huntingdon v. East of the proceedings. Shippen v. Gaines, 17 P. S. 38. Westmoreland County v. Conemaugh, 34 Huntingilon, 7 W. 527-9. Ibid. 231. Bradford v. Goshen, 57 Ibid. 495. PlunAnd kett's Creek v. Fairfield, 58 Ibid. 209, There is no mode by which the facts can be legitimately before that court. Derry v. Brown, 13 P. S. 390. therefore, no appeal lies. Mifflin v. Elizabeth, 18 P. S. 17. Mauch Chunk v. Nescopeck, 21 Ibid. 46. See District of Huntingdon v. District of New Columbus, 42 L. I. 479. |