false repre 1891, 343. 1 SECTION 36. Whoever knowingly and wilfully makes any false Penalty for 2 representations in writing to the overseers of the poor, to their sentations. 3 agent or to the state board of charity or its agents, for the purpose 1898, 433, § 24. 4 of causing any person to be supported in whole or in part as a pau5 per by a city or town or by the commonwealth, shall be punished 6 by a fine of not more than two hundred dollars or by imprisonment 7 for not more than one year. and his own ceased pauper, 1837, 54. 117, 186, § 6. G. S. 70, § 21. 6 Pick. 462. 1 SECTION 37. Upon the death of a pauper who at his decease is Estate of de2 actually chargeable to a place within this commonwealth, the over- by whom sold. 3 seers of the poor thereof may take possession of all his real 4 personal property; and if administration is not taken upon 5 estate within thirty days after his decease, they may in their 6 names sell and convey so much thereof as may be necessary to 7 reimburse the expenses incurred for the pauper. If any part of 8 such property is withheld from said overseers, they may in their 9 own names sue for and recover possession of the real property, and 10 shall have the same remedy for the recovery of the personal prop11 erty or its value as an administrator might have in like case. prosecute. 1793, 59, $14. R. S. 46, 26. 1863, 240, § 2. 1 SECTION 38. In all actions and prosecutions founded on the Overseers may 2 provisions of the preceding sections, the overseers of the poor of 3 any place or any person appointed by a writing under their hands 4 shall appear and prosecute or defend the same in behalf of such 5 place. 1 SECTION 39. G. S. 70, § 22. P. S. 84, § 33. -to keep records of paupers. Overseers of the poor shall keep full and accurate 2 records of the paupers fully supported, the persons relieved and 3 partially supported, and the travellers and vagrants lodged at the 120. 4 expense of their cities and towns and of the amount paid for such 5 support and relief. 1 SECTION 40. They shall annually, in April, for the year ending 2 on the last day of March, return to the state board of charity the 3 number of such persons supported and relieved, the cost thereof, 4 and a record of those fully supported. 1 SECTION 41. In the year nineteen hundred and five and in every 2 tenth year thereafter the return of the overseers of the poor shall 3 contain true and correct answers to the following inquiries: P. S. 84, § 34. to make annual return. 1837, 194, § 1. 1844, 146. 1841, 116, § 1. 1864, 307, § 6. 1867, 209, § 2. -to make 4 How many persons have been relieved or supported by your town during the P. S. 84, § 36. 5 year ending September 30? Of those, how many have a legal settlement in 6 your town? How many are foreign born? How many of the foreign born are 7 from England and Ireland? How many state paupers have you sent to the 8 state hospital? How many of the poor assisted in your town or sent to state 9 hospital were foreigners? How many of your insane do you support in state 10 insane hospitals? How many of your idiotic poor are in the Massachusetts 11 School for the Feeble-Minded? Have you an almshouse? How many acres of 12 land are attached to your almshouse? What is the estimated present value of 13 your almshouse establishment? Real estate? Personal? How many persons 14 have been supported in your almshouse during the whole or any part of the 15 year? What is the average number supported in the almshouse? What is the 16 average weekly cost of supporting each pauper in the almshouse? How many 17 inmates of your almshouse have been unable to perform any kind or amount 18 of labor? What is the estimated value of all the labor performed by the poor Penalty for failure. 1837, 194, § 3. G. S. 70, § 24. 1867, 209, § 3. P. S. 84, § 37. in your almshouse? How many persons, including their families, have you 19 supported outside of the almshouse during the whole or a portion of the year? 20 What is the average weekly cost of supporting each pauper outside of the alms- 21 house? How many have you aided outside of the almshouse? How many have 22 you supported or relieved who were insane? How many who were idiots? 23 How many persons, relieved or supported during the year in your town, have 24 become dependent by reason of insanity or idiocy? How many of your poor, 25 supported at the public charge, have been made dependent by their own intem- 26 perance? How many by the intemperance of those who ought to have been 27 their supporters? What is the total net amount of expense of supporting or 28 relieving the poor in your town during the year, including interest on your 29 almshouse establishment? How many are supported in your almshouse at the 30 present time? How many are supported outside of the almshouse at the present 31 time? How many are assisted outside of the almshouse at the present time? 32 They shall, at the same time, make correct returns of the name, 33 age and sex of every child in such city or town under fourteen 34 years of age who is supported at the public charge. 35 SECTION 42. If the overseers of a city or town refuse or neglect 1 to comply with the requirements of the three preceding sections, 2 such city or town shall forfeit one dollar for each day's neglect, 3 Top. A. G. 95. and the amount of such forfeiture shall be deducted from any 4 amount to which said city or town may be entitled in reimburse- 5 ment for relief of state paupers as provided in sections fifteen and 6 sixteen of chapter eighty-five; and if no such reimbursement shall 7 be due to said city or town, the forfeiture shall be deducted from 8 any money which may be due to it from the commonwealth. 9 Semi-annual returns Information to 153. SECTION 43. Overseers of the poor shall make and forward 1 returns, on or before the tenth day of January and July in each 2 year, to the state board of charity relative to all minor children 3 over the age of four years who are supported at the expense of such 4 city or town in an almshouse or elsewhere on the first day of said 5 months. Said returns shall be made in such form and shall contain 6 such information relative to said minor children as may be prescribed 7 by the state board. SECTION 44. A treasurer of a savings bank, institution for 1 savings, benefit association, insurance company or safe deposit 2 G. S. 57, § 151, company who, upon request in writing signed by an overseer of the 3 poor of a city or town, unreasonably refuses to inform him of the 4 amount deposited in the corporation or association to the credit of 5 a person named in such request who is a charge upon such city or 6 town as a pauper, or who wilfully renders false information in reply 7 to such request, shall forfeit for each offence fifty dollars, to the 8 use of such city or town. 1876, 203, § 25. P. S 116, § 43. 1894, 317, § 48. 1898, 425, § 6. NOTES. - Sect. 11. This section has been printed exactly as it was enacted in St. 1898, c. 425; but an examination of the legislative documents leads to the belief that certain changes were apparently the result of inadvertence. House Document No. 112 of 1898 proposed to amend Pub. Sts. c. 84, § 7 by striking out in the tenth line, the words six months' and inserting in place thereof the words two years' so as to read as follows": and purported to reenact the section with the amendment proposed; but in so doing, omitted the words and apportion upon such of the kindred as it finds to be of sufficient ability and in." In a new draft, House Document No. 1113 of 1898 proposed the same amendment, but in that bill the words "sitting in equity" were inserted although not stated in the preamble. Subsequently House Document, 9 No. 1230 being "House, No. 1113 as passed to be engrossed" proposed to strike out Pub. Sts. c. 84, § 7 entirely and substitute a new section therefor, which followed and which was the same as § 4 of St. 1898, c. 425. The question whether the words sitting in equity" were advisedly added and the words above quoted were advisedly omitted is suggested for the consideration of the legislature. Sect. 33. The words at the end of the section have been added, in view of the decision in Easton v. Wareham, 131 Mass. 10. 1 CHAPTER 82. OF THE MAINTENANCE OF BASTARD CHILDREN. Complaint. 1692-3, 18, § 5. R. S. 49, § 1. C. L. 55, § 2. 1785, 66, § 2. 1846, 266, § 1. 1853, 57, § 11. 1859, 239, § 1. G. S. 116, § 17. 1875, 15, § 11. SECTION 1. Upon complaint of a woman who has been delivered 2 of a bastard child, or who is pregnant with a child, which, if born 3 alive, may be a bastard, to a police, district or municipal court, to a 4 clerk thereof or to a trial justice, against the man whom she accuses 5 of being the father of the child, the court, clerk or trial justice 1857, 300. 6 shall take her accusation and examination, in writing under oath, G. S. 72, § 1. 7 relative to the person accused, the time when and place where the 1866, 292, § 2. 8 complainant was begotten with child, and such other circumstances 1876, 227, §§ 4, 6. 9 as the court, clerk or trial justice considers necessary for the dis-, § 1. 10 covery of the truth of such accusation. The court, clerk or trial 1897, 237, § 2. 11 justice may issue a warrant against the person accused, which may 3 Met. 209 12 be returnable before the same or any other court or trial justice & Cush. 111. 13 having jurisdiction thereof in the county. The warrant shall run 14 throughout the commonwealth, and any officer qualified to serve 15 civil or criminal process in any county, to whom it is directed, 16 may serve it and apprehend the defendant in any county. 1 1885, 289. 6 Pick. 104. 13 Gray, 538. 15 Gray, 50. 2 Allen, 402. 4 Allen, 365, 435. 9 Allen, 459. 10 Allen, 389. 13 Allen, 472. if woman 1859, 239, § 3. 1863, 240, § 2. SECTION 2. If a woman who is entitled to make a complaint Complainant, 2 refuses or neglects so to do when requested by an overseer of the refuses. 3 poor of the place where she resides or has her settlement, or by G. S. 72,$2. 4 one of the state board of charity, or by the superintendent of the 179,291, § 3. 5 state hospital, or by a person authorized by any of them to make PS. 85, $2. 6 the request, or by either of her parents or her guardian, the person 1906, 123 7 so requesting may make the complaint; and if, after it has been 3 Allen, 477, 481. 8 made, she dies, or refuses or neglects to prosecute the same, any of 10 Allen, 389. 9 said persons may prosecute the case to final judgment for the 10 benefit of the parent, guardian, city, town or commonwealth. 1886, 101, § 4. 433, § 24. 8 Allen, 334. 138 Mass. 370. state pauper, 1859, 239, §§ 2, 6. 1 SECTION 3. If such woman is an inmate of the state hospital, a Complaint by 2 complaint by her or in her behalf may be made either in the county where made. 3 in which she then is, or in the county in which she last had her G. S. 72, §3. 4 usual place of abode before becoming such inmate, and the warrant P. S. 85, § 3. 5 shall be returnable in the latter county or the county in which the 6 defendant resides. If a complaint is made in the county of Suffolk, 7 by or in behalf of an inmate of the house of correction at Deer 8 Island, the warrant shall be returnable before the municipal court 9 of the city of Boston. 1 Bond. SECTION 4. A person who is arrested upon such warrant may be Release from 2 released upon giving a bond with sufficient surety or sureties, in 1571, 12 3 not less than three hundred dollars, for his appearance before the s 42, § 1. 113 Mass. 268. Form of bond, etc. 1871, 42, § 2. 1875, 109. P. S. 85, § 5. 1891, 367. 1899, 262. Continuance of hearings. 1863, 127, § 1. P. S. 85, § 6. 1891, 367. Removal of case to superior court. 1863, 127, § 2. P. S. 85, § 7. 126 Mass. 233. 143 Mass. 126. 153 Mass. 369. Surrender of 1863, 127, § 3. Defendant 11 Cush. 197. Notice to complainant, etc. 1863, 127, § 4. P. S. 85, § 10. 1885, 384, § 5. court or trial justice having jurisdiction of the complaint, at a time 4 to be specified in said bond. 5 SECTION 5. The bond shall be made to the party for whose 1 benefit the complaint is made or prosecuted, and the sureties may 2 be examined and the bond approved by a justice, special justice 3 or clerk of a police, district or municipal court, by a trial justice 4 or by a bail commissioner or master in chancery. 5 SECTION 6. The court or trial justice may continue from time to 1 time the hearing of such complaint, may take a bond from the 2 defendant to the complainant, in a sufficient sum and with sufficient 3 surety or sureties, with condition that he will appear before the 4 court or trial justice at any time to which the hearing of the com- 5 plaint may be continued, and from time to time thereafter, until the 6 final disposition of said complaint before said court or trial justice 7 and not depart without leave; and may order him to be committed 8 until he gives such bond, which may be approved as provided in the 9 preceding section. 10 SECTION 7. If the defendant does not appear before the court or trial justice at any time to which the hearing is continued, or de- 2 parts without leave, his default shall be recorded, and the bond, 3 a copy of the complaint and warrant and of the record of the 4 court or trial justice shall be transmitted to the superior court in 5 the same county, and the complaint shall be there entered and de- 6 termined in the manner herein provided in similar cases. If, on the 7 final hearing, the defendant is adjudged by the superior court to be 8 the father of the child of which he is accused, the bond shall be 9 security for the performance by him of any order of the court under 10 the provisions of section fifteen. 11 SECTION 8. The surety on a bond given under the provisions 1 of section six may surrender the principal to the court or trial jus- 2 tice before whom the complaint is pending, or to the superior court 3 if the complaint is pending therein, and upon such surrender, the 4 bond shall be void and the court or trial justice to whom the sur- 5 render is made may require a new bond from the defendant, with 6 sufficient surety or sureties, and the defendant shall stand committed 7 until he gives it; but if the surrender is made in the superior court, 8 the new bond shall be for the appearance of the defendant to answer 9 to the complaint in, and abide the order of, said court. 10 SECTION 9. The court or trial justice before whom the warrant 1 is returnable may after due hearing require the defendant to give 2 bond with sufficient surety or sureties to appear and answer to the 3 complaint at the next return day of the superior court, and abide 4 the order of the court thereon; and may order him to be committed 5 until such bond is given. 8 Allen, 334. 108 Mass. 233. 6 153 Mass. 369. 157 Mass. 417. 3 Allen, 153. 110 Mass. 152, 317. 116 Mass. 198, 263, 360. 138 Mass. 367. 150 Mass. 292, 113 Mass. 268. 119 Mass. 167, 228. 143 Mass. 126. 451. 167 Mass. 543. 174 Mass. 117. SECTION 10. If the court or trial justice requires the defend- 1 ant to give bond under the provisions of the preceding section, or 2 if the defendant makes default, the court or trial justice shall, before 3 4 the next return day of the superior court in the same county, if the 5 complaint was made by the woman entitled to make the same, send 6 written notice by mail or otherwise to the person authorized to 7 make the complaint under the provisions of section two that such 8 complaint has been made, and that the defendant has been required 9 to give bond, or has made default, as the case may be. P. S. 85, § 11. 3 Allen, 151. 1 SECTION 11. A surety upon a bond given under the provision of Surrender of principal to 2 section six may, if the court in which the complaint is pending is not jailer, when. 1878, 48. 3 in session, surrender his principal to the keeper of any jail in the 4 county in which the complaint is pending. The surety shall deliver 5 to the jailer a copy of the bond, attested by the officer having custody 6 thereof, which shall be a sufficient warrant to the jailer, although 7 the surrender and commitment prove to be unlawful on the part of 8 the surety. Such surrender shall have the same effect as a sur9 render under the provisions of section eight, and like proceedings 10 may be had thereafter. 1 defendant on non-entry, how. SECTION 12. If the defendant is committed under the provisions Discharge of 2 of section nine and the complaint is not entered at the return day of he 3 the superior court at which he was required to appear, may make 1865, 161. 4 application to said court to be discharged; and if it appears, after P.5.85 $12. 5 such notice as the court may order, that there is no ground to hold 6 him to answer further to the complaint, the court shall order him 7 to be discharged. 1 1885, 384, § 5. case. R. S. 49, SECTION 13. If, at the sitting of the superior court to which the Continuance of 2 defendant is held to answer, such woman has not been delivered or 1692-3, 18, § 5. 3 is not able to attend, or if there is any other sufficient reason there- 166,2. 4 for, the court may order a continuance of the cause, and the bond 5 shall remain in force until final judgment; but if the sureties 6 thereon, at any time, object to being longer held liable, or if the 7 court finds it proper, a new bond may be required, and the de8 fendant shall stand committed until it is given. S. 12 Pick. 195.1 119 Mass. 59. 3 Allen, 151, 153. 138 Mass. 369. after commit ment, how. G. S. 72, § 6. 1 SECTION 14. If the defendant is committed on account of in- Discharge 2 ability to give bond, he shall be discharged from imprisonment at 3 any time thereafter upon giving the required bond, approved in the 4 manner provided in section five. the If 1856, 34, § 2. P. S. 85, § 14. 1898, 157. Trial by jury. C. L. 55, § 2. 1785, 66, § 2. G. S. 72, § 7. 5 Mass. 517. 4 Gray, 69. 1 SECTION 15. Upon the trial of the complaint, the issue to 2 jury shall be whether the defendant is guilty or not guilty. 3 the jury find him guilty, or if he is defaulted, he shall be adjudged 4 by the court to be the father of such child, and shall stand charged 5 with the maintenance thereof, with the assistance of the mother, in 2 Mass. 155. 6 such manner as the court shall order, and shall give bond with suffi- 14 Mass. 386. 7 cient surety or sureties to perform said order, and to indemnify and 3 Allen, 481. 8 save harmless against all charges of maintenance the parents of the 112 Mass. 60. 9 mother and any city or town or the commonwealth chargeable with 118 Mass. 569. 10 the maintenance of such child; and he may be committed until he 128 Mass. 211. 11 gives such bond. If the jury find him not guilty, the court shall 12 order him to be discharged. The verdict in either case shall be 13 final. 108 Mass. 233. 113 Mass. 268. 145 Mass. 18. |