Overseers to place pauper children in families. 1879, 103, § 1. P. S. 84, § 3. 1893, 197, § 1. Board of charity to place pauper chil. dren in 1887, 401. 1893, 197, § 2. 1898, 433, § 24. SECTION 5. In every city and town, said overseers shall place 1 every pauper child who is in their charge and is over four years 2 of age in a respectable family in the commonwealth, or in an asylum 3 therein, to be there supported by the city or town according to the 4 laws relative to the support of the poor until they can be otherwise 5 cared for. The overseers, personally or by agent, shall visit such 6 child at least once in three months and make all needful inquiries 7 as to his treatment or welfare. 8 SECTION 6. If said overseers of any city, except Boston, or 1 of any town, fail to place out any pauper child according to the pro- 2 families, when. visions of the preceding section for two months after the date of 3 receiving such child, the state board of charity, to the exclusion of 4 said overseers, shall perform such duty, and such child shall, under 5 the direction of said board, be supported by the city or town in 6 the same manner as if placed out by the overseers, and shall be 7 subject to visitation by the officers or agents of said board until the 8 board is satisfied that the overseers will properly care for him. Such children not to be re houses, unless 9 SECTION 7. No such child who can be cared for as provided in 1 tained in alms- section five without inordinate expense shall be retained in an alms- 2 state paupers, house unless he is a state pauper or an idiot, or otherwise so 3 defective in body or mind as to make his retention in an almshouse 4 desirable, or unless he is under the age of eight years and his 5 mother is an inmate thereof and is a suitable person to aid in 6 taking care of him. etc. Powers of 1828, 142, § 2. Liability of pauper. 1817, 186, § 5. 1882, 113. 12 Mass. 327. Certain kin dred to support. 7 SECTION 8. The overseers of the poor shall have the same power 1 and authority over persons placed under their care which directors 2 or masters of workhouses have over persons committed thereto. 3 SECTION 9. A pauper, his executor or administrator shall be 1 liable in an action of contract to a city or town in which he has a 2 settlement for expenses incurred by it for his support. 3 SECTION 10. The kindred of such poor persons, in the line or 1 degree of father or grandfather, mother or grandmother, children 2 or grandchildren, by consanguinity, living in this commonwealth, 3 and of sufficient ability, shall be bound to support such poor per- 4 sons in proportion to their respective ability. The mother shall be 5 under the same legal obligation to support her pauper children as 6 the father, but she shall not be liable to criminal prosecution for the 7 128 Mass. 137, enforcement of such obligation. 1692-3, 28, § 9. 1788, 61, § 1. 1793, 59, § 3. R. S. 46, § 5. G. S. 70, § 4. P. S. 84, § 6. 1898, 425, § 3. 15 Pick. 159. 10 Cush. 238. 6 Allen, 586. 288. Superior court to assess such kindred. 1692-3, 28, § 9. 1793, 59, § 3. R. S. 46, § 6. SECTION 11. A justice of the superior court sitting in equity in 1 the county in which any one of such kindred to be charged resides, 2 1788, 61, §§ 1, 2. upon complaint of any city, town or kindred who has been at ex- 3 pense for the relief and support of such pauper, may on due hearing 4 assess and proportion thereto such amount as he shall consider rea- 5 sonable for or towards the support of the pauper to the time of such 6 assessment, and may enforce payment thereof by execution in com- 7 mon form; but such assessment shall not extend to any expense for 8 G. S. 70, § 5. 1898, 425, § 4. 10 Cush. 238. 11 Cush. 24. 5 Gray, 28. 128 Mass. 137. 9 relief afforded more than two years previous to the filing of the 10 complaint. 1 assessment for penses. § SECTION 12. The court may further assess and apportion upon Superior court, 2 said kindred such weekly amount as it finds sufficient for the future future ex3 support of the pauper, which shall be paid quarterly until the further 17, 59, § 3. 4 order of court; and upon application from time to time of the city, R. S. 46, 7. 5 town or kindred, to whom it is ordered to be paid, the clerk of P. S. 84, § 8. 6 said court shall issue and may renew an execution for the arrears of 7 any preceding quarter. 1 may order SECTION 13. The court may, from time to time, upon application Superior court 2 of any party interested, make further orders, alter such assessment with whom 3 and apportionment according to circumstances and may order with Pauper shall 4 and by whom of such kindred as desire it, such pauper shall live and 173, 5, 3. 5 be relieved, and the length of time he shall live with different G. S. 70, §§ 8, 6 kindred, having regard to the comfort of the pauper as well as the P. S. 84, §§ 10, 7 convenience of the kindred. 1 SECTION 14. The complaint, made as provided in section eleven, 2 shall be filed in the clerk's office, and a summons, directed to any 3 officer qualified to serve civil process, shall be thereupon issued re4 quiring the kindred therein named to appear and answer thereto; 5 and it shall be served like an original summons. 1 R. S. 46, § 9. 13. Proceedings 1793, 59, § 3. G. s. 70, § 9. on complaints. R. S. 46, § 10. taxed. 1834, 103. SECTION 15. The court may award costs to either party and if Costs, how 2 it adjudges two or more of the kindred of a pauper to be of suffi3 cient ability to contribute to his support, it shall tax no more costs 4 against any one respondent than is occasioned by his default or 5 separate defence. 1 1793, 59, § 3. G. S. 70, §§ 7, 11. may be sum1793, 59, § 3. G. S. 70, § 10. SECTION 16. Upon suggestion that there are other kindred of Other kindred 2 ability not summoned in the original process, they may be sum- moned. 3 moned, and after due notice, whether they appear or are defaulted, R. S. 46, § 11. 4 the court may proceed against them in the same manner as if they P. S. 84, § 12. 5 had been summoned upon the original complaint. 1 provide for lief of strang1701-2, 9, § 2. G. S. 70, § 12. SECTION 17. The overseers of the poor, in their respective places, Overseers to 2 shall provide for the immediate comfort and relief of all persons immediate re3 residing or found therein, having lawful settlements in other places, ers. Action. 4 when they fall into distress and stand in need of immediate relief, 1798, 59, § 9. 5 and until they are removed to the places of their lawful settle- R. S. 46, § 13. 6 ments. The expense thereof and of their removal, or burial in case P. S. 84, § 14. 7 of their decease, may be recovered in an action of contract against 6 Mass. 501. 8 the place liable therefor, if commenced within two years after the 9 cause of action arises, but nothing shall be recovered for relief 10 furnished more than three months prior to notice thereof given to 11 the defendant. clusive. SECTION 18. A judgment for the plaintiff in such action shall be Judgment con2 conclusive as to the settlement of such pauper in any future action 1793, 59, § 9. 3 between the same parties for his support. Aid to state paupers, P. S. 84, § 18. 1898, 425, § 5. 1898, 433, § 24. 7, 1899. SECTION 19. If a pauper is supported in a place in which he has 1 no settlement, the place liable for his support shall not be re- 2 quired to pay therefor more than at the rate of two dollars a week 3 if it causes him to be removed within thirty days after receiving 4 legal notice that such support has been furnished. 5 2 SECTION 20. The overseers of the poor of each place shall also 1 relieve and support and may employ all poor persons residing or found therein, having no lawful settlements within this common- 3 wealth, until their removal to the state hospital, and if they die 4 shall decently bury them. They shall also decently bury all deceased 5 persons who, although without means of support while living did 6 not apply for public relief, and all unknown persons found dead. 7 The expense thereof may be recovered of their kindred, if any, chargeable by law for their support in the manner herein before 9 provided; and if the expense of their burial is not paid by such 10 kindred, an amount not exceeding fifteen dollars for the funeral ex- 11 penses of each pauper over twelve years of age, and not exceeding 12 ten dollars for the funeral expenses of each pauper under that age, 13 shall be paid by the commonwealth. 14 SECTION 21. A city or town may furnish aid to poor persons 1 found therein, having no lawful settlements within the common- 2 wealth, if the overseers of the poor consider it for the public in- 3 terest; but, except in cases of illness, not for a greater amount than 4 two dollars a week for each family during the months of May to 5 September inclusive, or three dollars a week during the other 6 months; and the overseers shall in every case give immediate notice 7 Op. A. G. Feb. by mail to the state board of charity, which shall examine the case 8 and if it directs a discontinuance of such aid, shall remove such 9 persons to the state hospital or to any state or place where they 10 belong, if their necessities or the public interest requires it, and 11 the superintendent of said hospital shall receive the persons re- 12 moved thereto as if they were sent there in accordance with the 13 provisions of section seven of chapter eighty-five. A detailed 14 statement of expenses so incurred shall be rendered, and after ap- 15 proval by the state board, such expenses shall be paid by the 16 commonwealth. Strangers to P. S. 84, § 19. Paupers to work in almshouse. 1895, 445, § 2. 17 SECTION 22. The overseers of the poor and the officer in charge 1 of premises provided by a city or town for the purpose of supplying 2 food or lodging may require any person applying for and receiving 3 food or lodging to perform a reasonable amount of labor in return 4 therefor, and may detain him for not more than twenty-four hours 5 after the time of such application until the labor required of him as 6 aforesaid has been performed. 7 SECTION 23. A person who receives aid in an almshouse or 1 workhouse of a city or town may be required by the officer in 2 charge thereof to perform such labor as the official physician shall 3 certify to be suited to his age, strength and capacity. 4 fusal to work. 1 SECTION 24. Whoever refuses or neglects to perform any labor Penalty for re2 required of him under the provisions of the two preceding sections, 1895, 445, § 3. 3 or while performing such labor wilfully damages any property of the 1898, 448, § 1. 4 city or town requiring the same, shall be punished, in the county 5 of Suffolk, by imprisonment in the house of correction for not more 6 than one year, and in other counties, in the house of correction for 7 a like term, or at the state farm. 1 tablish hos 1873, 192. SECTION 25. A city or town may erect, establish and maintain Towns may es 2 a hospital for the reception of persons who by misfortune or poverty pitals. 3 require relief during temporary sickness. City councils and select- P. S. 84, § 20. 4 men may make such ordinances, rules and regulations as they may 5 consider expedient for the appointment of trustees and all other 6 officers and agents necessary for managing such hospital. 1 lums. with 1867, 230, § 3. 1883, 232, § 1. 1886, 101, § 4. P. S. 84, § 21. SECTION 26. The overseers of the poor of a city or town and What children 2 the superintendent and board of trustees of the state hospital may infant asy 3 place deserted and destitute infants in the care of the Massachu4 setts Infant Asylum or St. Mary's Infant Asylum, and such amount 5 as may be agreed upon shall be paid for the temporary support of 6 such infants; but such overseers and the state board of charity 7 shall use all reasonable care to collect the cost of such temporary 8 support from parties justly chargeable with the same, and to re9 move infants which were not born in this commonwealth or have 10 no settlement therein. comply with P. S. 84, § 22. 1 SECTION 27. An incorporated charitable institution to which the Institutions to 2 custody of an infant less than four years of age has been delegated certain laws. 3 by state, city or town officers charged with the custody of destitute 1879, 95122 4 children shall comply with all the provisions of law, and be subject 5 to all the restrictions concerning such infant, applicable to such 6 officers. 1 abandoned SECTION 28. If an infant lawfully in the custody of a char- may put out 2 itable institution as aforesaid has been wilfully deserted and aban- children, when. 3 doned for more than four months by its parents or natural guardians, P.S, 84, $ 23. 4 the officers of such institution may procure any suitable person in 5 this commonwealth to take and support such child for such time as 6 may be specified in a written agreement made for that purpose, not 7 exceeding the time when the child shall be fourteen years old. The 8 form and conditions of such agreement shall be prescribed by the 9 state board of charity, and the agreement, with a descriptive list of 10 the origin, name, age and person of the infant, so far as known, and 11 the name, residence and recommendations of the person taking the 12 child, shall be returned to the state board in such form as it may 13 prescribe. All such children shall be subject to the visitation and 14 control provided by law for children put out or apprenticed from 15 state institutions; but nothing herein contained shall diminish the 16 legal rights of parents, guardians and next of kin. 1 bate to author SECTION 29. Overseers of the poor shall not remove, nor allow Judge of pro2 the removal of, a minor under their control beyond the limits of the ize removal of 3 commonwealth without the approval of the judge of probate, state. 4 granted upon application and after notice to all parties interested 1868, 279, 55 1,2. minors from P. S. 84, §§ 24, 25. Pauper may be removed out of state, when. 1868, 328, § 2. P. S. 84, § 26. Towns liable 1793, 59, § 13. and a hearing unless such minor has a settlement in another state. 5 Nor shall they withhold information relative to the maintenance of 6 such minor from any person entitled to receive the same. Who- 7 ever violates the provisions of this section shall be punished by 8 a fine of not more than five hundred dollars. SECTION 30. A person actually chargeable as a pauper to a city 1 or town in which he has a settlement, who subsequently acquires a 2 settlement in a place out of this commonwealth, may be removed 3 thereto by the overseers of the poor of such city or town by a 4 written order directed to any person therein designated. 5 SECTION 31. Every city and town shall be liable for any expense 1 1742-3, 18, § 4. necessarily incurred for the relief of a pauper therein by any person 2 who is not liable by law for his support, after notice and request made 3 to one or more of the overseers thereof, and until provision is made 4 R. S. 46, § 18. G. S. 70, § 16. P. S. 84, § 27. 2 Mass. 547. 15 Mass. 286. Pauper may be removed to place of settlement. 12. by them. SECTION 32. The overseers of a place to 5 which a person has 1 actually become chargeable may give written notice thereof to, and 2 1793, 59, §§ 10, request his removal by, the overseers of the place where his settle- 3 ment is supposed to be, who may, by an order in writing, directed 4 to a person therein designated, cause such removal to be made. R. S. 46, § 19. G. S. 70, § 17. P. S. 84, § 28. 23 Pick. 156. Process in case 23 Pick. 156. 145 Mass. 535. Notices, etc., sent by mail; effect. 1828, 142, § 1. R. S. 46, § 21. G. S. 70, § 19. P. S. 84, § 30. 16 Mass. 110. Penalty for leaving pau. settled. 1788, 61, § 9. 1793, 59, § 15. 5 SECTION 33. If, within one month after receiving such notice, 1 the overseers of the latter place do not cause such removal to be 2 made or a statement in writing signed by one or more of them 3 of their objections to the removal to be transmitted to the overseers 4 requesting such removal, the overseers who requested the removal 5 may, by a written order directed to a person therein designated, 6 cause the pauper to be removed to the place of his supposed settle- 7 ment; and the overseers thereof shall receive and provide for him; 8 and such place shall be liable in an action to the place incurring the 9 same for the expenses of his support and removal, and shall be barred 10 from contesting the question of settlement in such action unless the 11 settlement is denied in said statement. 12 SECTION 34. The notice and statement mentioned in the two 1 preceding sections may be sent by mail; and if directed to the over- 2 seers of the poor of the place intended to be notified or answered, 3 postage prepaid, shall be a sufficient notice or answer, and shall be 4 considered as delivered to the overseers to whom it is directed at 5 the time when it is received in the post office of the place to which 6 it is directed and in which they reside. 7 SECTION 35. Whoever brings into and leaves a poor and in- 1 pers where not digent person in any place in this commonwealth, wherein he is not 2 lawfully settled, knowing him to be poor and indigent, and with 3 intent to charge such place with his relief or support, shall forfeit 4 not more than one hundred dollars for each offence, to the use of 5 such place. R. S. 46, § 24. 1849, 66. G. S. 70, § 20. P. S. 84, § 31. 16 Mass. 393. 6 1 Pick. 465. 21 Pick. 83. 102 Mass. 216. 105 Mass. 336. |