15 April 1867 § 1.

P. L. 84.

District accepting under an order to

pauper removed

be liable for costs.

13 June 1836 § 20. P. L. 545.

removing said poor person, for costs and charges, in the same manner and to the same extent, that they would have been, had the case been determined against said district, by the court of quarter sessions, upon an appeal from said order of removal.(o)

VII. Of the appeal.

64. For the more effectual preventing of vexatious removals and frivolous appeals, the court of quarter sessions, upon every appeal in a case of settlement, or Costs on appeals. upon proof being made before them of notice thereof, as aforesaid (though the appeal be not afterwards prosecuted), shall, at the same session, order to the party in whose behalf such appeal shall be determined, (p) or to whom such notice did appear to have been given, such costs and charges as the said court shall consider reasonable and just, to be paid by the overseers or other persons against whom such appeal shall be determined, or by the person that gave such notice. And if the court shall determine in favor of the appellant, that such poor person was unduly removed, they shall, at the same session, on demand, award to such appellant, so much money as shall appear to them to have been reasonably paid by the city or district appellant, towards the relief of such poor person, between the time of such undue removal and the determination of such appeal, with costs, as aforesaid.

Ibid. § 21. How recoverable.

Ibid. § 22.

From overseers.

.

9 March 1771 § 15. 1 Sm. 388.

65. If any person, ordered to pay costs or charges as aforesaid, other than overseers as aforesaid, shall live out of the jurisdiction of such court, it shall be the duty of any magistrate of the county in which such person shall reside, on request to him made, and on the production of a copy of such order, certified under the seal of such court, to issue his warrant to levy the same by distress; and if no sufficient distress can be had, to commit such party to the common jail, there to remain without bail or mainprise, until such costs or money be paid, or until he be otherwise legally discharged.

66. If any overseer be ordered to pay costs and charges as aforesaid, and the township liable therefor be out of the jurisdiction of such court, it shall be the duty of the court of quarter sessions of the county in which such township is situate, on request to them made, and on the production of a copy of such order, certified under the seal of the court making the same, to compel payment of such costs and charges, according to law.

VIII. Property of paupers.

67. All gifts, grants, devises and bequests, hereafter to be made, or any houses, lands, tenements, rents, goods, chattels, sum or sums of money, not exceeding in the whole, including all gifts, grants, devises and bequests, heretofore made, the to poor to vest in yearly value of five hundred pounds, to the poor of any borough or township

Gifts and devises

Overseers.

13 June 1836 § 38. P. L. 546.

To recover property of paupers.

4 April 1877 § 1. P. L. 51.

within this province (except the township (q) as before excepted), or to any other person or persons for their use, by deed, or by the last will and testament of any person or persons, or otherwise howsoever, shall be good and available in law, and shall pass such houses, lands, tenements, rents, goods and chattels, to the overseers of the poor of such borough or township, for the use of their poor respectively.

68. It shall be lawful for the directors of the poor of any county, and for the overseers of any district, as the case may be, in which any person shall have become chargeable, to sue for and recover any real or personal estate belonging to such person, and to sell or otherwise dispose of the personal property, and to collect and receive the rents and profits of the real estate, and to apply the proceeds, or so much thereof as may be necessary, to defray the expenses incurred in the support and funeral of such person; and if any balance shall remain, the same shall be paid over to the legal representatives of such person, after his death, upon demand made and security being given to indemnify such directors or overseers from the claims of all other persons.(r)

69. It shall be lawful for the directors of the poor of any county, and for the 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 lease real estate of apply the proceeds, or so much thereof as may be necessary, to defray the expenses

Directors may

paupers.

Application of rents and profits.

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.

(0) The jurisdiction is in the courts of the accepting district. Williamsport v. Philadelphia, 7 W. N.C. See Blair County v. Clarion, 91 P. S. 431. Moore v. Philadelphia, 13 Phila. 425.

222.

(p) Where the order is in part confirmed, and in part quashed, neither party is entitled to costs. Bucks

County v. Philadelphia, 1 S. & R. 387. See Bedford
County v. Licking Creek, 2 Chest. Co. R. 310.
(q) The excepted townships are Moyamensing,
Passyunk and Northern Liberties, in the county of
Philadelphia. See § 4 of this act.

(r) See Commonwealth v. Deitzler, 1 Leg. Rec. R. 181. County v. Nyce, 34 W. N. C. 371.

P. L. 51.

70. All such leases heretofore made by any directors or overseers, for a term not 4 April 1877 § 2. 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 Prior leases valiact, and the proceeds thereof shall be payable as provided in the, preceding sec- dated. tion; and if the said real estate leased shall escheat to the commonwealth, the same shall remain subject to the lease during its continuance.

24 May 1887. P. L. 208.

of insane paupers.

71. In all cases where any insane person or persons are or shall, in any manner, become chargeable as insane paupers upon any county, township or borough of the commonwealth of Pennsylvania, and who shall be the owner or owners of Overseers may any real estate when becoming so chargeable, the overseers of the poor of such take charge of and county, township or borough shall immediately, upon receiving such insane sell the real estate pauper or paupers, with the consent of the court of quarter sessions of the proper county, shall sell or dispose of such real estate by public or private sale, in such manner as the said court may deem best, and to apply the proceeds, or so much thereof as may be necessary, to defray the expenses incurred in the Proceeds of sale. support, maintenance and funeral of such insane pauper or paupers. And in case of death of such insane pauper or paupers, or when they shall in any way In case of death. cease to be a charge as aforesaid, the balance or residue of such proceeds, if any shall remain, shall be paid to the legal representatives of such pauper, upon indemnity being made to such overseers to secure them from the claims of all other certain insane Not to apply to persons: Provided, That the provisions of this act shall not apply to insane paupers. paupers having wife, husband or children.

72. The said overseers of the poor shall, with like consent of the said court as aforesaid, also have power and authority to borrow money and mortgage the real estate of any pauper as aforesaid as security therefor, for the support and maintenance of such pauper or paupers when necessity may require it.

Ibid. § 2.

May borrow money on mortgage.

18 May 1889 § 1.

P. L. 201.

73. Whenever any person shall have become legally chargeable, as a poor person, to any county or poor district of this commonwealth, it shall be lawful for the directors of the poor of such county, or the overseers of the poor of such poor May recover sums district, to sue for and recover any and all sums of money which may be due to due poor persons. such poor persons in the present, or to become due in the future, whether the same be claimed by such poor person upon an express or an implied contract, by judgment, mortgage, order or decree of any court having jurisdiction of the subject-matter; and for this purpose the said directors or overseers of the poor are authorized to employ any and all legal means which such poor person might have employed, had he or she not become chargeable as aforesaid.

Ibid. § 2.

74. In all suits brought under section one of this act the writ or process shall issue in the name of the owner of the chose in action, for the use of the directors Proceedings for or overseers of the poor of the proper county or poor district, and at the hearing, collection. proof that the owner of the right of action has become legally chargeable to the county or poor district whose directors or overseers of the poor are the use plaintiffs, shall be conclusive of their right to recover whatever may be legally due or to become due to the poor person, so found to be chargeable. If the amount due shall have been already ascertained and judgment entered, the proof that the said plaintiff has become chargeable as aforesaid shall be conclusive of the right of the proper directors or overseers of the poor to be subrogated as plaintiffs in the said judgment, and if the sum due such poor person shall be founded on an order or decree of a court of competent jurisdiction, then proof before such court on a rule to show cause, that such poor person has become chargeable to any county or poor district, shall be conclusive of the right of the directors or overseers of the poor of such county or poor district to recover the same, whether the same be due in the present or in the future, or be due in one or several instalments; and the said court shall make all the orders necessary to carry the provisions of this section into effect. Any defendant upon whom notice has been served of intention to begin proceedings under the provisions of this act, to recover the Payment to amount owing by him to a person chargeable to any county or poor district, who another after noshall after this notice pay the same or any portion thereof to any other person tice, not to release than the proper directors or overseers of the poor, shall not thereby be released from any liability, but shall be liable to pay his entire indebtedness to the said directors or overseers of the poor.

the defendant.

Ibid. § 3.

75. Should any person chargeable to any county or poor district in this commonwealth, become self-sustaining or cease to be chargeable, by being supported Moneys not exby a relative or other person, then any moneys originally belonging to such poor pended to be person which may have been recovered under the provisions of this act by the direc- refunded. tors or overseers of the poor of such county or poor district, and not expended in

the care and support of such poor person, shall belong to such poor person, the same

as if no proceedings under this act had been instituted; and on the death of any In ease of death to person chargeable to any county or poor district, any moneys originally belong- be paid to heirs. ing to such poor person, which may have been recovered under the provisions of this act and not expended in the care, support or funeral of such poor person, shall belong to the heirs of such poor person, the same as if it had never been obtained by the directors or overseers of the poor under the provisions of this act: Provided, That if the entire amount expended in the care, support and

P. L. 201.

13 May 1889 § 3. funeral of such poor person, shall exceed the amount recovered under the provisions of this act, nothing shall be refunded to the said poor person or his heirs in any event.

IX. Overseers and directors.

9 March 1771 § 33. 1 Sm. 338.

Suits against over

76. If any action shall be brought against any overseer or other person, who, in his aid and by his command, shall do anything concerning his office, he may plead the general issue, and give this act and any special matter in evidence; and if the Double costs to be plaintiff shall fail in his action, discontinue the same, or become nonsuit, he shall pay double costs.

seers.

recovered.

13 June 1836 § 42. P. L. 546.

Penalty for neglect of duty by over

seers.

15 May 1874 § 1. P. L. 180.

lic contracts.

77. If any overseer shall neglect or refuse to perform any duty enjoined upon him by law, and not otherwise provided for, he shall be liable to an indictment for a misdemeanor, and shall be punished by a fine, not exceeding one hundred dollars, at the discretion of the court, to be recovered by the process thereof.

78. It shall not be lawful for any director of the poor, in any county of this commonwealth where said office exists, to be concerned or personally interested in Directors not to be any contract for furnishing supplies for the maintenance of the poor, or for the concerned in pub- construction or improvement of property under their control. Any violation of the provisions of this act shall be deemed a misdemeanor in office, and upon conviction thereof, the party or parties so offending shall be fined in a sum not exceeding five hundred dollars, and shall be adjudged by the court to be removed from office: Provided, That nothing herein contained shall be construed to prevent such director of the poor from receiving his lawful compensation while necessarily attending in his official character to any of the duties enjoined upon him by his office.

13 June 1836 § 34. P. L. 546.

Accounts to be settled annually.

13 May 1889 § 1. P. L. 200.

79. It shall be the duty of the directors of the poor of the several counties in which poor-houses are or may be erected, once in every year, after the accounts shall have been audited and settled, to make out a full and correct statement of their receipts and expenditures for the preceding year, together with a statement of the number of poor persons supported, specifying their sex, age, or infirmity, if any, and of the profits arising from all farms under their directions; and it shall be the duty of such directors, annually, in the month of March, to publish such accounts and statement, at least twice, in two or more newspapers printed in such county, the expense of which shall be paid out of the county treasury, and forthwith transmit a copy of such accounts and statement to the governor, to be by him transmitted to the legislature: Provided, That the accounts of the guardians for the relief and employment of the poor of the city of Philadelphia, the district of Southwark, and the townships of the Northern Liberties and Penn, shall be audited at the almshouse of said corporation, in the township of Blockley, in Philadelphia county.

80. From and after the passage of this act, directors of the poor and county commissioners of this commonwealth shall be allowed their travelling expenses necessarily incurred in the discharge of their official duties, and the same shall penses to be paid be paid on warrants drawn in their favor on the county treasurer out of the county

Travelling ex

directors.

Exception.

Ibid. § 2. Repealing clause.

13 June 1836 § 35. P. L. 549.

Justices receiving fines to make record thereof.

To deliver transcript to constable, and pay to overseers on demand.

Ibid. § 36.

Penalty for neglect.

funds: Provided, That this act shall not apply to poor directors in counties having local or special laws, under which each poor director is allowed an annual compensation of one hundred and fifty dollars or more.

81. So much of all general acts heretofore passed as are inconsistent herewith are hereby repealed, but this act shall not apply to any local law regulating the

same.

X. Fines and penalties.

82. It shall be the duty of every justice who shall, by virtue of any law of this commonwealth, receive any fine, penalty or forfeiture appropriated by law for the use of the poor, forthwith to enter at length on his docket, the name of the person convicted, the offence committed, the amount of such fine, penalty or forfeiture, and the time when the same was paid, and forthwith to deliver a correct transcript of such entry to a constable of the township; and such justice shall, on demand, pay over the same to the overseers of the poor lawfully entitled thereto; and shall annually, if required, exhibit his docket to the inspection of the township auditors.

83. If any justice shall wilfully neglect or refuse to perform the duties enjoined on him as aforesaid, touching any fine, penalty or forfeiture appropriated to the use of the poor, he shall, on conviction thereof in the court of quarter sessions of the proper county, be deemed guilty of a misdemeanor in office, and fined, for the use of the poor of the township in which he shall reside, any sum not exceeding twenty dollars; and if he shall be convicted of neglecting or refusing to pay over, on demand, to the proper overseers, any money which he shall have received as aforesaid, he shall be fined, over and above the last-mentioned sum, any sum not exceeding double the amount which he shall have received as aforesaid; which sums shall be recovered by process of said court.

84. It shall be the duty of the overseers of every district to demand from every 18 June 1836 § 37. justice the amount of any fine, penalty or forfeiture that may have been received P. L. 549. by him for the use of the poor, and if the same be not paid to them, within Overseers to detwenty days, to proceed to recover the same by suit against such justice, in the such fines from manner that debts of the like amount are or may be by law recoverable. justices.

mand and recover

85. It shall be the duty of the clerk of every court by whom any fine shall be Ibid. § 38. imposed, which by law is to be appropriated, in whole or in part, to the use of Clerks of courts to the poor, forthwith to deliver a written notice of the same to a constable living deliver notice of in or near the township in which the person fined resides; for which service such fines imposed, to clerk shall receive the sum of twenty-five cents from the proper overseers, and no

more.

constables.

86. It shall be the duty of the constable to whom any transcript or certificate Ibid. § 39. shall be delivered by a justice of the peace or clerk of the court as aforesaid, Constables to deunder a penalty of ten dollars, to be recovered before any other justice of the liver transcripts proper county, to deliver such transcript or certificate to one of the overseers of the and certificates to district to which such fine, penalty or forfeiture belongs; and for such service such constable shall be entitled to receive from such overseers the sum of twenty-five cents, and no more.

Overseers.

Ibid. § 40.

87. It shall be the duty of every sheriff who shall have received any fine, penalty or forfeiture which by law may be appropriated to the use of the poor, to Sheriffs to pay over pay the same, on demand, to the proper overseers; and if he shall fail to do so, fines to overseers. within ten days after demand, he shall, on conviction thereof in the court of quarter sessions of the proper county, be fined and pay to the use of the poor of the Penalty for proper district, any sum not exceeding double the amount received by him, to be neglect. recovered by the process of the said court.

88. In all cases where there are no poor persons supported at the expense of a district, or where there shall remain in the hands of the overseers, at the end of the year, an unexpended balance, arising from fines, penalties or forfeitures received for the use of the poor, it shall be the duty of the overseers to pay all such fines, penalties and forfeitures as may have been received by them, and such unexpended balance, to the supervisors of the highways, to be applied to the repairs of the public roads in such district, unless the township auditors shall judge it necessary that the whole or part thereof should be retained as a fund for the use of the poor.

Ibid. § 41.

Unexpended balances to be paid to supervisors.

Ibid. § 43.

89. The several fines, forfeitures and penalties, and other sums of money imposed or directed to be paid by this act, and not herein directed to be other- How fines and wise recovered shall be levied and recovered by distress and sale of the goods penalties to be reand chattels of the delinquent or offender by warrant, under the hand and seal coverable. of any one magistrate of the city or county where such delinquent or offender dwells, or where such goods and chattels may be found; and after satisfaction made of such fines, forfeitures and penalties, and sums of money, together with the legal charges, on the recovery thereof, the overplus, if any, shall be returned to the owner of such goods and chattels, his executors or administrators.

Ibid. § 44.

Parties may

90. If any person shall be aggrieved by the judgment of any one or more magistrates, in pursuance of this act, he may appeal to the next court of quarter sessions for the county in which such magistrates reside (except in cases herein- appeal. before specially provided for), whose decision, in all such cases, shall be final and conclusive.

POOR RELATIVES.

See DESERTION AND SUPPORT.

PORT PHYSICIAN.

See PORT REGULATIONS.

PORT REGULATIONS.

See HARBOR MASTER; HARBOR REGULATIONS; PORT WARDENS.