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160 Mass. 507.

1 SECTION 19. The mayor and aldermen of a city or the select- Soldiers' relief, 2 men of a town shall furnish such relief without a vote of the city 1893, 237. 3 council or of the town authorizing them thereto.

Such relief shall 190, 189. 4 be furnished only, by, through or under the agency or direction of 5 city or town officers who are authorized to disburse state or military 6 aid. If the mayor and aldermen or the selectmen fail to furnish it, 7 any person who is aggrieved may apply to the commissioners of 8 state aid, who shall forthwith make a thorough investigation of the 9 qualifications and circumstances of the applicant and shall deter10 mine the amount of relief, if any, to be given to him. Their 11 decision shall be final, but may at any time be amended or reversed 12 by them.

BURIAL OF INDIGENT SOLDIERS. 1 SECTION 20. The mayor of each city and the selectmen of each Burial agent, 2 town or, in Boston, the soldiers' relief commissioner shall designate 189,335, 1. 3 a burial agent, who shall serve without compensation, shall not be 1897, 161; 441. 4 one of the overseers of the poor or be employed by them, and who 10p. A. G. 408 5 shall, under regulations established by the commissioners of state 6 aid, cause to be properly interred the body of any honorably dis7 charged soldier, sailor or marine who served in the army or navy 8 of the United States during the war of the rebellion, and his wife,

9. widow or dependent mother, if they die without sufficient means to 10 defray funeral expenses; but no wife or widow of any soldier or 11 sailor shall be entitled to the benefits of this section unless she was 12 married to him prior to the year eighteen hundred and seventy. If 13 an interment has taken place without the knowledge of the burial 14 agent, application may be made to him within one week after the 15 date of death, and if upon investigation he shall find that the de16 ceased was within the provisions of this section and the rules of the 17 commissioners of state aid, he may certify the same as provided in 18 the following section.

1894, 62.

1 SECTION 21. The expense of such burial shall not exceed thirty- Limit of 2 five dollars. It shall not be made in any cemetery or burial ground Remburse3 or portion thereof which is used exclusively for the burial of the ment:

1889, 395, $$ 2, 3. 4 pauper dead.

dead. Relatives of the deceased who are unable to bear the 1892, 184. 5

expense of burial may be allowed to conduct the funeral. The full 1876, 279, $ 2. 6 amount so expended, the name of the deceased soldier, sailor or 7 marine, the regiment, company or vessel in which he served, the 8 date of death, place of interment, and in case of a wife or widow the 9 name of the husband and date of marriage, and such other details 10 as the commissioners of state aid may require, shall be certified 11 under oath to them, in such manner as they may approve, by the 12 burial agent and the treasurer of the city or town expending the 13 same, within ninety days after the burial, and said commissioners 14 shall indorse upon them their allowance of such amounts as in their 15 judgment have been paid and reported according to this chapter, 16 and shall transmit such certificate to the auditor. The amounts 17 legally paid and so allowed, but with no expense for disbursement, 18 shall be reimbursed by the commonwealth to the several cities and 19 towns before the first day of December in the year after the ex20 penditures have been made.

STATE PENSION AGENT.

State pension
agent.
1888, 396, § 1.
1891, 196, § 1.

SECTION 22. The governor, with the advice and consent of the 1 council, shall appoint a citizen of this commonwealth to be a state 2 agent for the settlement of pension, bounty and back pay claims of 3 citizens of this commonwealth against the government of the United 4 States. He shall receive an annual salary of two thousand dollars 5 and shall hold office until his successor is appointed and qualified. 6 He shall be provided with a suitable office and clerical assistance 7 and shall be allowed his necessary travelling and other expenses. 8 Expenses so incurred shall be paid by the commonwealth.

9

Duties.
1888, 396, $ 3.

SECTION 23. He shall furnish information, prepare papers and 1 expedite the adjudication of claims, and assist claimants in proving 2 their cases, keep a record of the work done in his office and make 3 an annual report thereof to the general court.

4

Bounty money
of minors.
1865, 235.
P. S. 149, $ 23.
97 Mass. 169.

BOUNTY MONEY OF MINORS. SECTION 24. The bounty and pay of a minor who is enlisted in 1 the military or naval service of the United States shall not be sub- 2 ject to legal process on account of debts due from his parent, and 3 the transfer of such bounty or pay by the parent to such minor 4 shall not be deemed fraudulent as to creditors.

5

NOTE. Sect. 14. The date of reimbursement has been changed from the first to the tenth day of December at the suggestion of the auditor's office to conform to the date of settlement of accounts between the commonwealth and cities and towns.

CHAPTER 80.

OF THE SETTLEMENT OF PAUPERS.

Legal settle-
ments.
C. L. 123, $ 2.
1692-3, 28, § 9.
1700-1, 23, $ 5.

SECTION 1. Legal settlements may be acquired in any city or town in the following manner, and not otherwise :

1 2

1789, 14.
1793, 34, $ 2.

R. S. 45, $ 1.
G. 8. 69, § 1.

1878, 190, $ 1.
P. S. 83, § 1.

1766-7, 17, $ 6.
97 Mass. 382.
138 Mass. 305,

- by married
women.
1789, 14, $ 3.
12 Maks. 363.
13 Allen, 88.

First, A married woman shall follow and have the settlement of 3 her husband if he has any within the commonwealth ; otherwise, she 4 shall retain her own at the time of marriage if she then had any. 5

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- by legitimate
children.
1789, 14, $ 3,
12 Mass. 428.
13 Mass. 468.
15 Mass. 237.
16 Mass. 134.

has any.

1 Pick, 197. 114 Mass. 554.

3 Pick. 172.

8 Cush. 528.

18 Pick. 264.

– by illegiti.
mate children.
1789, 14, $ 3.
13 Mass. 381.
8 Cush. 75.
8 Allen, 551.

Second, Legitimate children shall follow and have the settlement 6 of their father if he has any within the commonwealth ; otherwise, 7 they shall follow and have the settlement of their mother if she 8

9 6 Allen, 31. Third, Illegitimate children shall have the settlement of their 10 mother at the time of their birth if she then has any within the 11 commonwealth ; [but neither legitimate nor illegitimate children 12 shall acquire a settlement by birth in the place where they are born 13 if neither of their parents then has a settlement therein).

14 Fourth, A person of the age of twenty-one years who has an 15 estate of inheritance or freehold in any place within the common-16

- hy freehold
ers, etc.
1789, 14, $ 1.

17 wealth and lives thereon three consecutive years shall thereby acquire 1821, 94, $ 2; 18 a settlement in such place.

, § 1. 1871, 379, $ 1.

1 Pick, 153.
21 Pick. 233.
3 Met. 165.
5 Met. 350.

4 Cush. 172.
8 Cush, 525.
1 Gray, 619.
6 Allen, 431.

9 Allen, 137.
107 Mass, 598.
110 Mass. 113.
125 Mass. 521.

127 Mass. 510.
131 Mass. 18.
140 Mass. 224.
159 Mass. 491.

.

19 Fifth, A person of the age of twenty-one years who resides in Legal settle. 20 any place within this commonwealth for five consecutive years and dents and tax 21 within that time pays all state, county, city or town taxes duly 18, 19, $ 1. 22 assessed on his poll or estate for any three years within that time 154, 338, 11: 23 shall thereby acquire a settlement in such place.

1874, 274, $$ 1, 3.
1898, 425, $ 1.
13 Mass. 501.

16 Maks. 236.
7 Pick. 42.
8 Pick. 379.
10 Met. 115.

12 Met. 35.
4 Cush. 557.
15 Gray, 496.
6 Allen, 508.

99 Mass. 587.
105 Mags, 293.
126 Mass. 477.
130 Mass. 370.

132 Mass. 495, 519.
153 Mass. 192.
159 Mass. 491.
1 Op. A. G.519.

24

Sixth, A woman of the age of twenty-one years, including a -- by women, 25 married woman who has no settlement derived by marriage under 1870, 392, 3 1. 26 the provisions of the first clause, and a widow, who resides in any 1879 242, . 27 place within this commonwealth for five consecutive years, shall 130 Mass: 334. 28 thereby acquire a settlement in such place.

136 Mass. 424. 137 Mass. 152.

140 Mass. 243, 325.
144 Mass. 25.

155 Mags. 359.
165 Mass. 251.

Op. A. G. Jan. 10,
Feb. 2, Sept. 20, 1899.

1 Pick, 129.

4 Cush. 553.

by apprentices, etc.

quired by

29 Seventh, A person who is chosen and actually serves one whole -- by town 30 year or for such period as is included between two successive annual 12 Mass. 262. 31 town elections as clerk, treasurer, selectman, overseer of the poor, 32 assessor, constable or collector of taxes in any place shall thereby 33 acquire a settlement therein. 34 Eighth, A settled ordained minister of the gospel shall acquire by settled 35 a settlement in the place wherein he is settled as a minister. 7 Allen, 90. 36 Ninth, A minor who serves an apprenticeship to a lawful trade 37 for four years in any place, and actually sets up such trade therein 38 within one year after the expiration of said term, being then twenty39 one years of age, and continues there to carry on the same for five 40 years, other than as a hired journeyman, shall thereby acquire a 41 settlement in such place. 42 Tenth, A person who was enlisted and mustered into the mili- - how ac. 43 tary or naval service of the United States, as a part of the quota soldiers and 44 of a city or town in this commonwealth, under any call of the Presi- 1865, 230

, $$ 1, 3. 45 dent of the United States during the war of the rebellion or who 1838 328, 3; 46 was assigned as a part of the quota thereof after having been 1871

, 313, 2. 47 enlisted and mustered into said service, and who served for not 97 Mass. 382 48 less than one year, or died or became disabled from wounds or 104 Mass. 46, 49 disease received or contracted while engaged in such service, or 115 Mass. 342

. 50 while a prisoner of the enemy, and his wife or widow and minor 132 Mass. 498, 51 children, shall be deemed thereby to have acquired a settlement in 138 Mass. 256, 52 such place; and any person who would otherwise be entitled to a 139 Mass. 15. 53 settlement under this clause, but who was not a part of the quota of 160 Mass. 126. 54 any city or town, shall, if he served as a part of the quota of the 55 commonwealth, be deemed to have acquired a settlement in the 56 place where he actually resided at the time of his enlistment. But 57 these provisions shall not apply to any person who was enlisted and 58 received a bounty for such enlistment in more than one place unless 59 the second enlistment was made after an honorable discharge from 60 the first term of service, nor to any person who has been proved 61 guilty of wilful desertion, or who left the service otherwise than by 62 reason of disability or an honorable discharge. 63 Eleventh, Upon the division of a city or town, every person hav- Settlements 64 ing a legal settlement therein, but being absent at the time of such or incorpora 65 division, and not having acquired a legal settlement elsewhere, shall 1872, 280.

1 Pick. 144.
24 Pick. 164.
6 Met. 484.
4 Cush, 183,
1 Allen, 75.
125 Mass. 304.

have his legal settlement in the city or town containing the last 66 dwelling place or home which he had in the city or town so divided ; 67 and if a new city or town, composed of a part of one or more 68 other cities or towns, is incorporated, every person legally settled 69 in the places of which such new city or town is so composed, and 70 who actually dwells and has his home within the bounds of such new 71 city or town at the time of its incorporation, and any person duly 72 qualified as provided in the tenth clause of this section, who, at the 73 time of his enlistment, dwelt and had his home within such bounds, 74 shall thereby acquire a legal settlement in such new place; but no 75 person residing in that part of a place which upon such division is 76 incorporated into a new city or town, and who then has no legal 77 settlement therein, shall acquire any by force of such incorporation 78 only; nor shall such incorporation prevent his acquiring a settle- 79 ment therein within the time and by the means by which he would 80 have gained it there if no such division had been made.

81

Settlement not acquired while

as a pauper. 1874, 274, $ 4. 1879, 242, $ 1. P. S. 83, § 2.

SECTION 2. No person shall acquire a settlement, or be in proc- 1 receiving relief ess of acquiring a settlement, while receiving relief as a pauper, 2

unless, within five years after the time of receiving such relief, he 3 reimburses the cost thereof to the city or town furnishing the same.

4

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Inability to maintain wife,

SECTION 3. No person who actually supports himself and his 1 etc., in insane' family shall be deemed to be a pauper by reason of the commitment 2 hospital, election of his wife, child or other relation to an insane hospital or other 3 one pauper. institution of charity, reform or correction by order of a court or 4 Toys, 133, 23. magistrate, and of his inability to maintain such wife, child or rela- 5 tion therein. 13 Allen, 88.

6

19 Pick, 480. 15 Gray, 15.

105 Mass. 293.

138 Mass. 101.

160 Mass. 232.

Provision for persons who acquire settlements. R. S. 45, $ 2. G. S. 69, § 2. 1878, 190, $ 2. P. S. 83, § 4.

SECTION 4. No person who has begun to acquire a settlement by 1 begun to the laws in force at and before the time when this chapter takes 2

effect, in any of the ways in which any period of time is prescribed 3 for a residence, or for the continuance or succession of any other 4 act, shall be prevented or delayed by the provisions hereof; but 5 he shall acquire a settlement by a continuance or succession of the 6 same residence or other act, in the same time and manner as if the 7 former laws had continued in force.

8

Settlements to continue, etc.

SECTION 5. Except as hereinafter provided, every legal settle- 1 1793, 34, 82, cl. ment shall continue until it is defeated or lost by the acquisition of 2

a new one within this commonwealth ; and upon the acquisition of 3

such new settlement all former settlements shall be defeated and 4 P. S. 83, § 5. lost.

13 Gray, 586.

5

12.
R. S. 45, $ 3.
G. S. 69, $ 3.
1878, 190, $ 3.

11 Mass. 441.

13 Met. 192.

6 Cush. 61.

- lost, when. 1870, 392, $ 2. 1871, 379, $ 3. 1878, 190, § 4. P. S. 83, $ 6. 1898, 425, $ 2.

SECTION 6. Any settlement which was not fully acquired subse- 1 quent to the first day of May in the year eighteen hundred and sixty 2

is hereby defeated and lost, unless such settlement prevented a sub- 3 116 Niss. 570. sequent acquisition of settlement in the same place; but if a settle- 4 10. Mar. 4, July ment acquired by marriage is so defeated, the former settlement 5

of the wife, if not also so defeated, shall be revived. A person who 6 is absent from the commonwealth for ten consecutive years shall 7 lose his settlement.

8

10 26, 1899.

NOTES. — Sect. 1, cl. 2. The words “ until they gain a settlement of their own" have been omitted as superfluous. See Petersham v. Dana, 12 Mass. 428.

Sect. 1, cl. 3. The words - follow and” have been omitted since they render the statute ambiguous. See Boylston v. Princeton, 13 Mass. 381.

The commissioners recommend the striking out of the words in brackets, as having no additional force or effect. Since a settlement can be obtained only as provided in this chapter, birth itself cannot give one.

Sect. 1, cl. 6. Pub. Sts. c. 83, § 1, cls. 6, 7 have been combined, but the latter portion of clause 7 has been omitted as a temporary provision. That clause was taken from St. 1879, c. 242, § 2, which provided that a settlement should be acquired upon the completion of the prescribed term of residence " although the whole or a part of the same accrues before the passage of this act." The act was approved April 22, 1879. The effect of the provision quoted was to allow the prescribed term of residence to accrue entirely or in part at any time -- either before or after the passage of the act. Its omission simply leaves the clause to be governed by the rules of construction applicable to all other clauses of this section in which a required residence for a given period of time may begin at any time, if it is subsequent to May 30, 1860, which is the period of limitation prescribed by St. 1898, c. 425, § 2.

CHAPTER 81.

OF THE SUPPORT OF PAUPERS BY CITIES AND TOWNS.

1 SECTION 1. Every city and town shall relieve and support all Towns to sup. 2 poor and indigent persons lawfully settled therein, whenever they C. L. 123, $ 2. 3 stand in need thereof.

1692-3, 28, $ 9. 1788, 61, § 1. 1793, 59, $ 1.

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duties of over

P. S. 84, $ 2. 10 Cush. 238.

1 SECTION 2. The overseers of the poor shall have the care and Powers and 2 oversight of all such poor and indigent persons so long as they seers of the 3 remain at the charge of their respective cities or towns, and shall 1768, 61, $1. 4 see that they are suitably relieved, supported and employed, either R. 9. 16, $2. 5 in the workhouse or almshouse, or in such other manner as the city G. s.10, $ 2. 6 or town directs, or otherwise at the discretion of said overseers. 7 They may remove to the almshouse such children as are suffering is Wing 737 8 destitution from extreme neglect of dissolute or intemperate parents 128 Mass. 148. 9 or guardians, except as hereinafter provided. 1 SECTION 3. In towns in which paupers are provided for in Care of pau2 families, the overseers of the poor shall investigate each place where pers in fami3 the town paupers are to be so provided for, and shall endeavor by 1897, 34, 41 4 contract to secure their proper care and maintenance. A full and 10p. A. G. 463. 5 complete record of each case shall be kept, showing the terms of 6 the contract and what services, if any, are to be rendered by the 7 paupers. A majority of the overseers of the poor shall certify 8 upon the records that such investigation has been made in each 9 case, and that they are satisfied that the paupers will be properly 10 cared for. The overseers of the poor, either by one of their own 11 number or by a duly appointed agent, shall, at least once in every 12 six months, visit each place where the town paupers are supported, 13 and a record of each visit and of the condition of the paupers visited 14 shall be kept.

1 SECTION 4. The state board of charity may visit and inspect all visitation of 2 places where town paupers are supported in families. 1898, 396, $ 2.

1897, 374, $ 3.

charity.

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