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such poor person may be; but no child of school age shall be compelled by this section to labor contrary to the child labor laws.

(2) Upon failure of any such relative so to do the said authorities or board shall apply to the county judge of the county of which such poor person is a resident for an order to compel such relief.

(3) At least fourteen days prior to the hearing on said application notice thereof shall be served upon the person to whom it is directed in the manner provided for the service of summons in courts of record.

(4) At the time and place fixed in said notice the county judge shall in a summary way hear the allegations and proofs of the parties and by order require relief and maintenance from such relatives, if living and of sufficient ability, in the following order: First the husband or wife; then the father; then the children; and lastly the mother. Such order shall specify a sum which will be sufficient for the support of such poor person, to be paid weekly, during a period fixed therein, or until the further order of the court. If satisfied that any such relative is unable wholly to maintain such poor person, but is able to contribute to his support, the judge may, in his discretion, direct two or more such relatives to maintain him and prescribe the proportion each shall contribute, and if satisfied that such relatives are unable together wholly to maintain such poor person, but are able to contribute something therefor, the judge shall direct a sum to be paid weekly by each such relative in proportion to his ability. At any time during the pendency of said order, upon application of any party affected thereby and upon like notice and procedure, the said judge may modify such order. The costs and expenses of the original application shall be paid by such relative or relatives. Full obedience to every such order may be enforced by proceedings as for a contempt.

(5) Any party aggrieved by any such order may appeal therefrom to the circuit court pursuant to the provisions of chapter 175, so far as applicable and necessary; but when the appeal is taken by the authorities having charge of the poor person an undertaking need not be filed. [Stats. 1917 s. 1502, 1502a, 1502b, 1503, 1504; 1919 c. 345 s. 13.]

49.12 Action against relatives. If any relative who shall have been required by such order to relieve or maintain such poor person shall neglect to do so as prescribed in said order, the said authorities or board may recover in an action on behalf of the municipality or institution against such relative the sum so prescribed for every week the said order shall have been disobeyed up to the time of judgment, with costs of suit, for the use of the poor. [Stats. 1917 s. 1505; 1919 c.

345 s. 14.]

49.13

(1) When

Abandonment of wife or children. ever the father, or mother, being a widow or living separate from her husband, shall abscond or be about to abscond from his or her children, or a husband from his wife, or when such father, mother, or husband shall be about to remove permanently from the town, village, or city in which he or she may reside, leaving a wife or children, or both, chargeable or likely to become chargeable upon the public for support, or shall neglect or refuse to support or provide for such wife or children, the mayor of the city, president of the village or supervisors of the town where such wife or children may be may apply to the county judge or any justice of the peace of any county in which any estate, real or personal, of the said father, mother or husband may be situated for a warrant to seize the same.

(2) Upon due proof of the facts aforesaid such judge or justice shall issue his warrant authorizing such mayor, president or supervisors, respectively, to take and seize the goods, chattels, effects, things in action, lands and tenements of such person, wherever found in said county; and they shall, respectively, be vested with all the rights and title, as limited in this section, to any such property and things in action which such person had at the time of his departure; and may seize and take the same into their possession. They shall immediately make an inventory thereof and return the same with said warrant and their proceedings thereon to the county court. All sales and transfers of any real or personal property or things in action left in the county from which any

such person shall have absconded, made by him after the issuing of such warrant, whether in payment of an antecedent debt or otherwise, shall be absolutely void.

(3) Upon such return the county court may inquire into the facts and circumstances and may confirm such seizure or discharge the same; and if the same be confirmed shall from time to time direct what part of the personal property shall be sold and how much of the proceeds of such sales and the rents and profits of the real estate shall be applied toward the maintenance of the wife or children of such person. All such sales shall be at public auction.

(4) The mayor, president or supervisors, respectively, shall receive the proceeds of all property so sold and the rents and profits of the real estate of such person and apply the same to the maintenance and support of the wife or children of such person; and they shall account to the said court for the moneys so received and for the application thereof from time to time.

(5) If the person whose property shall have been so seized shall return and support the wife or children so abandoned or give security to the mayor, president or supervisors, respectively, to be approved by them, that such wife or children shall not thereafter be chargeable to such city, village, or town, the said court shall discharge such warrant and order the restoration of the property seized by virtue thereof and remaining unappropriated, or the unappropriated proceeds thereof, after deducting the expenses of such proceedings. [Stats. 1917 s. 1506 to 1510; 1919 c. 345 s. 15.]

COUNTY ADMINISTRATION OF POOR RELIEF

49.14 County poorhouse; officers of the poor. (1) Each county, whether having abolished the distinction between county poor and town, village or city poor or not, may establish a county poorhouse for the relief and support of the county poor, pursuant to the provisions of section 46.17.

(2) In all counties whose population is less than two hundred and fifty thousand such poorhouse shall be governed pursuant to sections 46.18, 46.19 and 46.20; and the trustees

and superintendents of the poorhouse shall also have charge of all county poor relief outside of the poorhouse, and may administer oaths concerning any matter submitted to them, or either of them, in connection with their functions.

(3) In all counties in which a county poorhouse is not established the county board may place all county relief of the poor in charge of a board of trustees and superintendent, governed pursuant to sections 46.18 and 46.19, so far as applicable; or may provide for the support and maintenance of the county poor in such other manner as they shall direct.

(4) Each municipality in which a poorhouse is established shall not contract with any person to conduct the same or to support and maintain the inmates thereof; and all agreements in violation of this subsection are void. [Stats. 1917 s. 1518, 1522, 1523, 1526; 1919 c. 345 s. 16.]

COUNTY SYSTEM OF POOR RELIEF

49.15 Adoption of county system. The county board of any county may, at an annual meeting or at a special meeting called for that purpose, by a resolution adopted by an affirmative vote of a majority of all the supervisors entitled to a seat in such board, abolish all distinction between county poor and town, village and city poor in such county, and have the expense of maintaining all the poor therein a county charge; and thereupon the county shall relieve and support the poor in said county, and all the powers conferred and duties imposed by this chapter upon towns, villages and cities shall be exercised and provided for pursuant to section 49.14. [Stats. 1917 s. 1519; 1919 c. 345 s. 17.]

49.16 Abandonment of county system. Any such county. may, at an annual meeting or at a special meeting called for that purpose, by a similar vote repeal said resolution; and thereafter the poor of such county shall be supported in the same manner as if such distinction had never been abolished. [Stats. 1917 s. 1525; 1919 c. 345 s. 19.]

49.17 Special laws not repealed. Nothing in this chapter shall be construed to repeal any law making special provisions for the management and support of the poor in any county. [Stats 1917 s. 1529; 1919 c. 345 s. 20.]

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