of a physician approved by the supervisor of the town, as their jurisdiction over the several cases may require, to send all such indigent persons requiring medical or surgical care and treatment to the nearest hospital, the incorporation and management of which have been approved by the state board of charities, provided transportation to such hospital can be safely accomplished. The charge for the care and treatment of such indigent persons in such hospitals, as herein provided, shall not exceed one dollar per day for each person, which shall be paid by the several counties or towns from which such persons are sent, and provi sion for which shall be made in the annual budgets of such counties and towns. (Added by chapter 103 of the Laws of 1901.)

ARTICLE III.

SETTLEMENT AND PLACE OF RELIEF OF POOR PERSONS.

Section 40. Settlements, how gained.

41. Qualification of last section.

42. Poor persons not to be removed. and how supported.

43. Proceedings to determine settlement.

44. Hearing before superintendents.

45. How to compel towns to support poor persons.

46. Proceedings to determine who are county poor.
47. In counties without almshouse.

48. Decisions to be entered and filed.

49. Appeal to the county court.

50. Penalty for removing.

51. Proceedings to compel support.

52. Liability, how contested.

53. Neglect to contest.

54. Actions, when and how to be brought.

55. Penalty for bringing foreign poor into this state.

56. Poor children under sixteen years of age.

57. Persons having real or personal property.

§ 40. Settlements, how gained.-Every person of full age, who shall be a resident and inhabitant of any town or city for one year, and the members of his family who shall not have

gained a separate settlement, shall be deemed settled in such town or city, and shall so remain until he shall have gained a like settlement in some other town or city in this state, or shall remove from this state and remain therefrom one year. A minor may be emancipated from his or her father or mother and gain a separate settlement:

1. If a male, by being married and residing one year separately from the family of his father or mother.

2. If a female, by being married and having lived with her husband; in which case the husband's settlement shall be deemed that of the wife.

3. By being bound as an apprentice and serving one year by virtue of such indentures.

4. By being hired and actually serving one year for wages, to be paid such minor.

The place of birth of an infant pauper is, prima facie, his place of settlement, but it may be removed to the last legal settlement of the parents when discovered. Overseers of Vernon v. Overseers of Smithville, 17 Johns. 89; and see, also, Delavergne v. Noxon, 14 Johns. 333; Overseers of Berne v. Overseers of Knox, 6 Cow. 433; Niskayuna v. Albany, 2 Cow. 537.

If it do not appear that one has gained a settlement in his own right, his settlement follows that of his father.

But a change in the settlement of the father will not affect that of the son, if the father's settlement is obtained after the emancipation of the

son.

To acquire settlement by apprenticeship, the servant must be under an Indenture, or a deed, contract or writing not indented; a parole binding is not sufficient.

The place of birth is, prima facie, the place of settlement; but if the father's settlement be in another place, the settlement of the child follows his. Overseers of Niskayuna v. Overseers of Albany, 2 Cow. 537.

A father, who has acquired a legal settlement in a town, cannot by any deed, release or act of emancipation, devest his son, who has not arrived at 21 nor acquired a settlement for himself, of his right of settlement derived from his father; though the son, since such deed of emancipation, had not resided in his father's family, but had acted in all things for himself and worked entirely for his own benefit. Adams v. Foster, 20 Johns. 452. Until a poor person acquires a settlement in his own right, his settlement is that of his father or mother. Stillwell v. Kennedy, 51 Hun, 114.

Italian laborers, who come to the United States in search of work, leaving their families in Italy, are employed in constructing railroads, liable to be discharged at any time, and free to leave their employment when they see fit and living in rough shanties built by the railroad contractors,

do not give a settlement in a town in which they work for a year, under 3 Rev. Stat. (Banks 8th ed.) p. 2111, § 29, providing that every person of full age, who shall be "a resident and inhabitant of any town one year," shall be deemed settled in said town. In re Town of Hector, 24 N. Y. Supp. 475. See Smith v. Williams, 13 Misc. 761; s. c., 69 St. Rep. 611.

The overseer is the sole judge as to who are paupers in his town, and should be relieved by him, and the exercise of that power cannot be reviewed collaterally either in the supreme court or by the town auditors. Christman v. Phillips, 58 Hun, 282; s. c., 34 St. Rep. 444.

The town is charged with the support of the poor when there is no action taken by the supervisors to abolish the distinction between town and county poor. The city stands under the Poor Law in the place of the town. Nuns v. L. I. City, 48 Hun, 306.

A person living on and working a farm or shares for two years or more gains a settlement. Overseers v. Overseers, 14 Johns, 365.

An estate situate in a town without residence there, does not gain the owner a settlement in that town. Sherburne v. Norwich, 16 Johns. 186. A bastard child is settled in the town where it was born until it acquires a settlement for itself. Delavergne v. Noxon, 14 Johns. 333.

Where a town is divided by an act of the legislature into two towns, and the poor are also directed to be divided between the two, those who afterwards become paupers, are to be considered as settled in the towns within which they were respectively born, and not where they happened to reside at the time of the division. Washington v. Stanford, 3 Johns. 193.

A person cannot gain a settlement in any town until he shall have resided there for at least one year, whether such person be a pauper or not. When a settlement is once legally gained in any town it must necessarily remain there until one is subsequently established in some other town or county. Sitterly v. Murray, 63 How. Pr. 367.

An adjudication as to the settlement of paupers for whose relief expenditures have been incurred by a town, may be made subsequent to such expenditures. People v. Supervisors of Oswego, 2 Wend. 291.

The question of settlement cannot be tried in an action on a bond given to indemnify the town for the support of a bastard; the obligor is estopped by his bond from contesting that question. Falls v. Belknap, 1 Johns, 486.

If a pauper having no settlement, be removed to another town to relieve the overseers from the burden of supporting him, and the overseers of the town to which he is removed are compelled to support him, the latter may recover by an action for reimbursement, against the overseers of the town which improperly removed him. Pittstown v. Plattsburgh, 15 Johns. 436.

An overseer or superintendent of the poor who finds a pauper in his county or town, has no right to remove such pauper to another town or county where he believes he belongs; but he must provide for the pauper and then pursue the remedy afforded by the laws. Smith v. Brundage, 17 Weekly Dig. 266.

A day laborer, who supported his family in one county, until immediately after moving into another county he becomes disabled and a county charge, is not a pauper as intended by the statutes. Wood v. Simmons, 51 Hun, 325; 8. c. 21 St. Rep. 390; 4 N. Y. Supp. 368.

Rev. St. N. Y. pt 1, tit. 1, c. 20, § 59, as amended by chap. 546, L. 1885, provides that, when a pauper strays or is removed from one municipality to another, the county superintendents of the poor shall give the overseers of the poor of the pauper's town notice of such improper removal, and require them to take charge of the pauper. Held, that a notice which does not state that the pauper was a pauper while in the town from which he came, nor that his voluntary change of residence was improper was insufficient. McKay v. Walsh, 6 N. Y. Supp. 358; 2 Sil. s. c. 463.

It is not necessary that a written denial of responsibility for the support of pauper by an overseer or superintendent should follow the exact language of the statute. Stillwell v. Coons, 122 N. Y. 242; affirming s. c. 12 St. Rep. 745.

Appeal is debarred from an order of removal which has not been executed owing to the death of the pauper. Adams v. Foster, 20 Johns. 452. Though an overseer abandon the appeal from an order of removal and takes back the pauper, yet the unreversed order is not conclusive evidence of settlement in the appellate town. Vernon v. Smithville, 17 Johns. 89. See also People v. Supervisors of Cayuga County, 2 Cow. 530.

On appeal from an order of removal of a pauper, the order is no evidence of the facts it contains; but the respondents are bound to begin de novo; and make out their case independent of the order. Otsego v. Smithfield, 6 Cow. 760.

The sessions may allow costs on appeals to them, from orders of removal. Newburg v. Plattekill, 1 Johns. 330.

The force of an order requiring a relative to pay a certain sum per week to the county superintendent of the poor, for the support of an alleged dependent poor person, until the further order of the court, is terminated by the termination of the person's dependency upon the public for sup port, as, by a discharge from the poorhouse followed by self-support; the doctrine of res adjudicata does not preclude the defendant, against whom such an order has been made, from setting up such a defence. Aldridge v. Walker, 151 N. Y. 527; reversing s. c. 82 11 un, 614.

A widow with children, who has a little personal property and is sick and unable to work, and whose husband's funeral expenses were paid by the town, and who has received aid from the town without objection from the overseer, is a poor and indigent person, within the meaning of the statute against the removal of poor persons from one town or county to another, with the intent to charge such town or county with their support. Bartlett v. Ackerman, 49 St. Rep. 296; 8. c. 66 Hun, 629.

The individual, under whose roof a poor person dies, is bound to carry the body, decently covered, to the place of burial. Griffin v. Condon, 18 Misc, 236; s. c. 41 N. Y. Supp. 380..

Where a man and his wife resided for some years in Cattaraugus county, when they removed to Chemung, where the wife became insane and was taken to the asylum in Cattaraugus county, and the husband then moved to Buffalo and procured his wife's discharge and took her to his home, but shortly afterwards he took her back to the asylum, it was held, that when the wife was removed from the asylum, she ceased to be an insane pauper, that the husband acquired a settlement in Erie county,

and his settlement became that of his wife, and an action for her support at the asylum could be maintained against Erie county. Superintendent of Cattaraugus v. Superintendent of Erie, 50 St. Rep. 347; 8. c. 66 Hun, 636.

§ 41. Qualification of last section.-A woman of full age, by marrying, shall acquire the settlement of her husband. Until a poor person shall have gained a settlement in his or her own right, his or her settlement shall be deemed that of the father, if living, if not, then of the mother; but no child born in any almshouse shall gain any settlement merely by reason of the place of such birth; neither shall any child born while the mother is such poor person, gain any settlement by reason of the place of its birth. No residence of any such poor person in any almshouse, while such person, or any member of his or her family is supported or relieved at the expense of any other town, city, county or state, shall operate to give such poor person a settlement in the town where such actual residence may be.

§ 42. Poor person not to be removed, and how supported.No person shall be removed as a poor person from any city or town to any other city or town of the same or any other county, nor from any county to any other county except as hereinafter provided; but every poor person, except the state poor, shall be supported in the town or county where he may be, as follows:

1. If he has gained a settlement in any town or city in such county, he shall be maintained by such town or city.

2. If he has not gained a settlement in any town or city in the county in which he shall become poor, sick or infirmed, he shall be supported and relieved by the superintendents of the poor at the expense of the county.

3. If such person be in a county where the distinction between town and county poor is abolished, he shall, in like manner, be supported at the expense of the county, and in both cases, pro ceedings for his relief shall be had as herein provided.

4. If such poor person be in a county where the respective towns are liable to support their poor, and has gained a settlement in some town of the same county other than that in which