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ing such poor person against the tenor of this act shall be obliged to provide for and maintain such poor and indigent person or persons, and in case of such poor person's death shall pay the overseers of the poor so much money as shall be expended on the burying of such poor and indigent person or persons, and upon refusal so to do, it shall be lawful for the overseers of the poor of the said city, borough, township or place respectively, and they are hereby required to assess a sum of money on the person or persons so convicted from time to time by a weekly assessment for maintaining such poor and indigent person or persons, or assess a sum of money for defraying the charges of such poor person's funeral, as the case may be; and in case the party convicted shall refuse to pay the sum of money so assessed or charged to the overseers of the poor for the uses aforesaid, the same shall be levied on the goods and chattels of the offender in the manner hereinafter directed; but if such persons so convicted have no goods or chattels to satisfy the money so assessed for him or her to pay, that then it shall and may be lawful for the said magistrates or justices to commit the offender to prison, there to remain without bail or mainprise until he or she hath paid the same or until he or she shall be discharged by due order of law.

[Section XXIV.] And be it further enacted by the authority aforesaid, That if any person be removed by virtue of this act from one county, city, borough, township or place to another by warrant or order under the hands and seals of two justices of the peace or magistrates as aforesaid, the overseers of the poor of the city, borough, township or place to which the said person shall be so removed are hereby required to receive the said person; and if any of the said overseers shall refuse or neglect so to do, he or they so offending, upon proof thereof by one or more credible witnesses upon oath or affirmation before any one of the magistrates or justices of the peace of the city or county where the offender doth reside, shall forfeit for every such offense the sum of five pounds to the use of the poor of the city, borough, township or place from which such person was removed, to be levied by distress and sale of the offender's goods by warrant under the hand and seal of the said magistrate or justice of the peace, which he is hereby required and empowered to make, directed to the constable of the city, borough, township or place where such offender or offenders dwell, returning the overplus, if any be, to the owner or owners, and for want of sufficient distress, then the offender to be committed to the gaol of the county where he dwells, there to remain without bail or mainprise for the space of forty days.

And whereas it often happens that poor persons, sometimes with certificates and sometimes without, come from the city of Philadelphia into some township or place within this province, and from some place or township of this province into the said city of Philadelphia, or into some other township of this province, and conceal themselves until they become sick or lame and cannot be removed, or die before they can be removed, by reason whereof the inhabitants of the city, borough, township or place where such poor person or persons fell sick or died are put to charges without any means to relieve themselves from the payment of the moneys expended for the maintenance or burying of such poor person or persons:

[Section XXV.] Be it therefore enacted by the authority aforesaid, That if any poor person or persons shall come out of the city of Philadelphia into any borough, township or place within this province, or shall come out of any borough, township or place within this province into the city of Philadelphia, or any other township or place within this province and shall happen to fall sick or die before he or she have gained a legal settlement in the city, borough, township or place to which he or she shall come, so that such person or persons cannot be removed, the overseers of the poor of the city, borough, township or place into which such person or persons is or are come, or one of them, shall, as soon as conveniently may be, give notice to the overseers of the poor of the city, borough, township or place where such person or persons had last gained a legal settlement or to one of them of the name; circumstances and condition of such person or persons; and if the overseers of the poor to whom such notice shall be given shall neglect or refuse to pay the moneys expended for the use of such poor person or persons and to take order for relieving and maintaining such

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poor person or persons, or in case of his, her or their death before notice can be given, as aforesaid, shall, on request being made, neglect or refuse to pay the moneys expended in maintaining and burying such poor person or persons, then and in every such case it shall be lawful for any two justices of the peace of the city or county where such poor person or persons were last legally settled and they are hereby authorized and required, upon complaint made to them, to cause all such sums of money as were necessarily expended for the maintenance of such poor person or persons during the whole time of his, her or their sickness, and in case he, she or they die, for his, her or their burial, by warrant under their hands and seals, to be directed to some constable of the city or county respectively, to be levied by distress and sale of the goods and chattels of the said overseer or overseers of the poor so neglecting or refusing, to be paid to the overseer or overseers of the city, borough, township or place where such poor person or persons happened to be sick or to die, as aforesaid, and the overplus of the moneys arising by sale of such goods remaining in the constable's hands after the sum of money ordered to be paid, together with the costs of distress are satisfied, shall be restored to the owner or owners of the said goods.

Provided always, That if any of the overseers shall think him or themselves aggrieved by any sentence of such justices or by their refusal to make any order as is aforesaid, he or they may appeal to the justices of the peace at their next court of quarter sessions for the county where such justices reside and not elsewhere, who are hereby authorized and required to hear and finally to determine the same.

[Section XXVI.] And be it further enacted by the authority aforesaid,- That the father and grandfather and mother and grandmother and the children of every poor, old, blind, lame and impotent person or other poor person not able to work, being of sufficient ability, shall, at their own charges, relieve and maintain every such poor person as the magistrates or the justices of the peace at their next general quarter sessions for the city or county where such poor persons reside shall order and direct, on pain of forfeiting forty shillings for every month they shall fail therein.

And whereas it sometimes happens that men separate themselves without reasonable cause from their wives and desert their children, and women also desert their children, leaving them a charge upon the said city or upon some borough, township or place aforesaid, although such person may have estates which should contribute to the maintenance of such wives or children:

[Section XXVII.] Be it therefore enacted by the authority aforesaid, That it shall and may be lawful for the overseers of the poor of the said city, having first obtained a warrant or order from two magistrates of the said city, or for the overseers of any borough, township or place where such wife or children shall be so left or where such wife or children shall be so neglected, having first obtained a warrant or order of any two justices of the peace of the county, to take and seize so much of the goods and chattels and receive so much of the annual rents and profits of the lands and tenements of such husband, father or mother as such two magistrates or justices shall order and direct for providing for such wife and for maintaining and bringing up such child or children, which warrant or order being confirmed at the next quarter sessions for the city or county respectively, it shall and may be lawful for the justices there to make an order for the overseers to dispose of such goods and chattels by sale or otherwise, or so much of them for the purposes aforesaid as the court shall think fit, and to receive the rents and profits or so much of them as shall be ordered by the said sessions of his or her lands and tenements for the purposes aforesaid; and if no estate, real or personal, of such husband, father or mother can be found wherewith provision may be made as aforesaid, it shall and may be lawful to and for the said justices in their court of quarter sessions for the city or county respectively to order the payment of such sums as they shall think reasonable for the maintenance of any wife or children so neglected, and commit such husband, father or mother to the common gaol, there to remain until he or she comply with the said order, give security for the performance thereof or be other

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wise discharged by the said justices; and on complaint made to any magistrate of the city of Philadelphia or to any justice of the peace in any county of any wife or children being so neglected, such magistrate or justice shall take security from the husband, father or mother neglecting as aforesaid for his or her appearance at the next general quarter sessions, there to abide the determination of the said court, and for want of security to commit such persons.

[Section XXVIII.] And be it further enacted by the authority aforesaid, That the several fines, forfeitures and penalties, sum and sums of money, imposed or directed to be paid by this act and not herein otherwise directed to be recovered, the same and every of them shall be levied and recovered by distress and sale of the goods and chattels of the delinquent or offender by warrant under the hands and seals of one or more of the aldermen of the city of Philadelphia for the said city, and under the hand and seal of any one justice of the county where the delinquent or offender dwells or is to be found, and after satisfaction made of the respective forfeitures, fines, penalties and sums of money directed to be levied by such warrant as aforesaid, together with such legal charges as shall become due on the recovery thereof, the overplus, if any, to be returned to the owner or owners of such goods and chattels, his or her executors or administrators.

Provided always, That if any person or persons shall find him or themselves aggrieved with any judgment of the justices given out of their sessions in pursuance of this act, such person or persons may appeal to the next general quarter sessions of the peace for the county or city where sentence was given (except in cases of removals and cases of poor persons becoming chargeable in one place, who are legally settled in another, as is otherwise provided for by this act) whose decision in all such cases shall be conclusive.

[Section XXIX.] And be it further enacted by the authority aforesaid, That if any action shall be brought against any overseer or other person, who in his aid and by his command shall do anything concerning his office, he may plead the general issue and give this act and any special matter in evidence; and

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