Digitized by the Internet Archive in 2015 https://archive.org/details/manualforuseofov00bost_0 t }‘ *v» • **4 ,* V i ‘ * V ♦ * A MANUAL FOR THE USE OF THE OVERSEERS OF THE POOR IN THE CITY OF BOSTON. PREPARED BY A COMMITTEE OF THE BOARD. BOSTON: J. E. FARWEI.L AND COMPANY, PRINTERS TO TIIE CITY, 37 Congress Strerjf. 1 8 6 6 . 57 l#U MAR 9 1988 0O0IQH gSL’-K- L1BB&M Kill, fAA 02167. * \ P 11 E F A C E . The following Manual has been prepared for the use of “ The Over- seers of the Poor in the City of Boston,” by a Committee of that Board. It is not designed as a Treatise on the Poor Laws, nor even to include all such information as might be required by these officers in other cities or towns of the Commonwealth. In this city a portion of the jurisdiction, conferred upon Overseers of the Poor by the general laws, has been transferred to other officers, while, on the other hand, * ^ they exercise in Boston certain powers giv§n by special acts, and are charged, in a corporate capacity, with the^dministration of various Charitable Trusts for the Poor. The purpose of the Committee in the preparation of this Handbook has been simply to furnish such a com- pilation of the laws, ordinances, instruments, and rules under which the Overseers exercise their powers, and such other information? in regard to practical matters, as they may desire to consult in the per- formance of their duties. Some historical and other matter has been added. During the progress of the work, enactments have been made, which will be found at the close of the volume, containing some modifications of statutes previously inserted. In the preparation of this book the Committee have fallen upon an early example of a similar publication. “ I have met,” says Sir Greorge Nicholls, in his History of the Eng- lish Poor Law, “ with a small book, entitled, an * Ease for Overseers of IV PREFACE. the Poor,’ printed at Cambridge, in 1601 ; and, therefore, most likely written before the passing of the 43d of Elizabeth in the same year.” The modest address with which the author submits his work to the reader may not be inappropriate for a similar offering, after the lapse of two hundred and sixty-five years. “ I have set forth this Treatise, not for ambition, as Nimrod did the Tower of Babel, to get a name ; nor for vainglory, as Absalom did a pillar, to preserve his name (for which cause I forbear my name), but of mere affection to my native country, to further it. If there be any- thing omitted, amend it ; if there be something worth the following, use it ; if it be a little defective, excuse it.” Boston , August 1, 1866. TABLE OF CONTENTS. Law of Settlement * 1 Overseers of the Poor 13 Overseers of the Poor in Boston 17 General Laws and Ordinances 24 Paupers 2f > Statutes 28 Returns to be made by Overseers of the Poor, etc 33 An Act concerning Returns of Sheriffs, Keepers of Jails and Houses of Correction, and Overseers of the Poor, (1864,) . 36 Admissions 37 Discharges 37 Paupers fully supported 39 Persons relieved and partially supported 39 Travellers lodged, and persons sent to the State Alms- house 39 State Almshouses 40 An Act concerning the admission of sick persons to the State Almshouses, (1865,) 44 Bastard Children 45 Commitment, support, discharge, etc., of Insane in State Lunatic Hospitals 46 An Act to amend an Act in relation to State Charitable and Correctional Institutions, (1864,) 49 Masters, Apprentices, and Servants 51 An Act concerning Masters and Apprentices, (1865,) 55 Settlement of Paupers 56 An Act relating to the settlement and relief of persons who have served in the Army and Navy of the United States, (1865,) 59 Dead Bodies 60 House of Industry 62 Pines 65 Sales of Land by Guardians 65 An Act in relation to State Charitable and Correctional Institu- tions, (1863,) / 65 A Digest of Decisions 71 Vi TABLE OF CONTENTS. Apprentices , 71 Overseers of the Poor 71 Paupers 72 I. What constitutes a Pauper, and who can acquire a Settlement 72 II. Settlement of Paupers — how acquired or lost 73 (а) By approbation, and not being warned out 73 (б) By derivation 74 Married W omen 74 Legitimate Children 74 Illegitimate Children 75 Slaves 76 (c) By living on a freehold estate, &c 76 ( in the name of the Overseers of the Poor, reported to the Town, that ’twas their opinion, it would be much for the service of the said Town, that it be divided into twelve wards, and proposed the military division of the Town to their consideration ; ” where- upon it was “ Voted, that the gentlemen the Overseers of the Poor be a Committee to project a division of the Town into twelve wards, and to make their Report thereof to-morrow, in 1 Anc. Chart. 429. 20 OVERSEERS OF POOR IN BOSTON. order to the Town’s proceeding thereon.” On the next day Mr. Wendell submitted the following Report : — “Pursuant to a vote of the Town, of the 8th instant, desir- ing the Overseers of the Poor to divide the Town into twelve wards, they have accordingly attended that service, and are of opinion that the following division will best serve the same.” After stating the proposed division of the wards, the report is signed by “JACOB WENDELL, WILLIAM TYLER, JEFFERY BEDGOOD, JOHN HILL, THOMAS HUBBARD. 1 “ Boston, 9th March, 1735.” Whereupon it was — “Voted, that the Report of the said Committee be accepted — And that the Town of Boston be, and hereby is, divided into twelve Wards or Districts according to the said Report. And that it so remain and continue until the Town shall see cause to alter the same.” “ In the year 1772, a Statute was passed by the General Court (12 Geo. III. c. 3), which, — after reciting that many charitably disposed persons have given and bequeathed con- siderable sums of money and other estate to the poor of the town of Boston, and their use, and that many other persons were well inclined to make charitable donations to the same good purpose ; but the Overseers of the Poor of the same town, not being incorporated, the good intentions of those who had made, and those who were inclined to make such charitable donations, had been either wholly frustrated or not carried into full effect, — created the Overseers (for the time being) of the town of Boston a body corporate, and vested in the new Corporation all real and personal property at any time theretofore given, or at any time thereafter to be given to the poor of the town, and for their use ; such personal estate not to exceed sixty thousand pounds, lawful money, and such real estate not to exceed, by the year, five hundred pounds. 1 There were then nine Overseers. OVERSEERS OF POOR IN BOSTON. 21 The purpose and effect of this Act (and of the Act of Feb- ruary 3, 1803,) were not to limit the parental authority of the Board annually elected, but to make it, as a corporate body, the sole depositary and almoner of the funds given by private persons for town charities. Thus, the property devised and bequeathed to the poor of Boston, or for their use, passed, not into the Treasury of the Town, but to another Corporation, whose members were, indeed, chosen by its citizens, but whose powers, so far as these donations were concerned, were confer- red by the State ; and it was doubted whether the new Corpo- ration was subject to the authority of the town in supervising its action, or examining its accounts, as to these private chari- ties. 1 . . . In the year 1712 complaints were made of the Almshouse. Subscriptions were occasionally raised to relieve its inmates ; and in 1782, the Overseers reported them to be in want of the necessaries of life ; and the keeper of the Almshouse to be greatly in debt from his efforts to assist them. In the year 1821, it contained in one building, persons of all ages and colors, with various vices, misfortunes, and diseases, subjects of an almshouse, a hospital, a lunatic asylum, and a prison. At a town meeting held on the 7th day of May in that year, a com- mittee appointed at a previous meeting, reported by its chair- man, the Hon. Josiah Q,uincy, ‘ that the accommodations pro- vided for the poor at the Almshouse in Boston are not such as comport with the honor and interest of the town.’ They re- commended the establishment of anew almshouse, and, to make the change complete, to call it by a new name : the ‘ House of Industry/ The town adopted their recommendation, instructed the Committee to purchase land and erect buildings ; and fur- ther, ‘ particularly to inquire into the general state of the poor within the town, and concerning the operations, effects, modes, and principles of extending relief to the poor, adopted by the various charitable institutions existing in it, and from time to time to report such measures in relation to the whole, or any of the subjects aforesaid, as they may deem it expedient for the town to adopt.’ On the third of May, 1822, the Committee Report on Organization, p. 4, 22 OVERSEERS OF POOR IN BOSTON reported 4 that they apprehend that the power of devising rules for the management and discipline of the Institution (the House of Industry) is vested in the Board of Overseers of the Poor, under the Act of 8 and 9, George II. (a. d. 1735.”) After a reference to the Board of Overseers, and the Committee jointly, this joint Committee recommended an application to the legislature for an Act authorizing the establishing of a Board of Directors of the House of Industry, which Act was approved February 3, 1823, and gave the Directors like authority and power in using, regulating, and governing said House of Indus- try as are had and exercised by Overseers of the Poor within this Commonwealth ; and they may send such persons to said house, and for such purposes, as Overseers of the Poor are by law authorized to do; and by statute 1826, ch. Ill, it was provided that the Directors should ‘ have and exercise all the powers and perform all the duties relative to paupers, and the binding out of children and other persons committed to said House of Industry for support, as the Overseers of the Poor of the several towns in this Commonwealth now have and exercise in relation to paupers and the binding out of children and other persons.’ A controversy soon arose between the Directors of the House of Industry and the Overseers of the Poor, as to their respective authority, and in the year 1825 resolutions were passed by the City Council authorizing the Overseers of the Poor to grant permits for admission to the House of Industry concurrently with its Directors ; to visit the House of Industry, inquire into the condition, treatment, and employment of its inmates, and to make representations and suggestions, from time to time, to the City Council touching the same; and plac- ing under the joint control of the Directors and Overseers the vehicle employed to transport the poor. The Hon. William Prescott, Charles Jackson, and Daniel Webster, were subse- quently consulted by the City Council ; and in conformity with their written opinion, (Quincy’s Hist, of Boston, p. 172,) the Council passed three additional resolutions, defining what per- sons were to be subjects of in-door relief in the House of Indus- try, and what of out-of-door relief at their own houses, and also OVERSEERS OF POOR IN BOSTON. 23 defining the jurisdiction of the rival boards. They were in sub- stance, — 1. That the Overseers of the Poor cause all persons who cannot be removed without danger to life, by reason of ac- cident or illness, to be relieved or supported in the place where they are, until capable of removal, and then to be forthwith re- moved to the House of Industry. 2. That they may grant partial relief and small supply of necessaries, at their own houses, to those who in their opinion require it, and who may thus be rendered more comfortable than by being wholly sup- ported in a poorhouse. 3. That they see that all poor and indigent persons standing in need of relief, and having their settlement in Boston, other than those named in the two pre- ceding classes, be suitably relieved, supported, and employed in the House of Industry, according to the regulations and under the superintendence of the Directors. This was the position of the Overseers prior to the late statute. As a Corporation, they held the charitable donations, which exceed $ 100, 000, 1 the city exercising no visitatorial power over them. As officers of the city, they exercised the ordinary functions of Overseers, under the statute, excepting that the in-door relief was under the charge of the Directors of Public Institutions, viz : the House of Industry, the House of Correction, and the Lunatic Asylum, into which the Almshouse had been divided : the Overseers having only the concurrent right to admit persons to the House of Industry, and the right to visit it, and make recommendations for its government to the City Council. The Act of April 2, 1864, made four changes only. It changed the election of the Board from one by wards, for a single year, to one at large by the City Council, for three years, four going out of office annually ; it gave the City Council power to remove an Overseer, for cause ; it made the Corpora- tion directly accountable to the city ; and it prohibited the mem- bers of it, and those in their employ, from being interested in any contract, unless the same is authorized by a recorded vote of the Board. 2 ” 1 Amounting Jan. 1, 1866, to $177,888.81. Report on Organization, p. 7. GENERAL LAWS AND ORDINANCES. The following Digest of the General Laws and Ordinances at present in force, is taken from the last Revision of the City Or- dinances in 1864, to which the subsequent Acts and Ordinances, including the legislation of 1865, and a large number of refer- ences to recent and former decisions have been added. The Spe- cial Acts, and the Ordinance relating to the Overseers of the Poor of the Town or City of Boston, are then appended in their chronological order. PAUPERS . 1 STATUTES. Support of Paupers by Cities and Towns. 1. Towns to support poor. 2. Powers and duties of Overseers of the poor. 3. Same subject. 4. Certain kindred to support, &c. 5. Superior Court may assess such kindred for past expenses. 6. May also assess for future ex- penses. 7. Costs, how taxed. 8. Court may order with whom pau- pers shall live. 9. Proceedings on complaints. 10. Other kindred than those named may be summoned. 11. Court may make new orders. 12. Overseers to provide for imme- diate relief of strangers, &c. 13. Recovery to establish settlement. 14. Liability when the pauper is re- moved, &c. , 15. Overseers shall support, and in case of decease bury, indigent strangers. Compensation there- for. I 16. Towns liable to individuals. 17. Paupers may be removed, &c. 18. Process in case of removals ; if a removal is not made or objected to by the town notified, then, &c. 19. Effect of notifications, &c., sent by mail. 20. Penalty for leaving paupers where not settled, &c. 21. Overseers of poor may sell estate of deceased paupers, and apply proceeds to reimburse expenses. 22. Overseers may prosecute, &c. RETURNS TO BE MADE BY OVERSEERS OF THE POOR, ETC. 23. Overseers, &c., to return to sec- retary of commonwealth state- ment respecting paupers. 24. Same subject. Penalty for not making returns. 25. Secretary to furnish blanks an- nually. 26. Penalty on directors, &c., fornot making returns. 27. Secretary to prepare abstract of returns annually. [ l For decisions upon the meaning of this word, see 11 Pick. 459, 540; 14 Pick. 341 ; 19 Pick. 473 ; 1 Met. 572. See also § 89, post.] LAWS AND ORDINANCES. 25 28. Strangers, &c., where inquests are held, burial of, by whom paid. [1. Blanks to he prepared by Secre- tary of Board of State Charities, for periodical returns by keepers of prisons, &c. 2. Schedule of returns by sheriffs, &c. 3. County Commissioners to furnish sheriff with a return of sums expended for supplies. 4. Penalty for omitting to answer, &c. 5. District Attorney to be notified, and to make complaint, &c. 6. Semi-annual returns as to pau- pers, &c. to be made to Board. Porm of return. 7. Interrogatories to be answered in October, annually. 8. Repeal of St. 18G2, c. 220, c. 112, §§ 1, 2, 3, and G. S. inconsist- ent, &c.] [state almshouses.] 29. Cities may send State paupers to State almshouses. 30. May send sick State paupers to Rainsford Island. 31. Lunatics, dangerous, not to be sent to State almshouses. Becom- ing furious, to be removed to State lunatic hospitals. 32. Idiots having no known settle- ments may be sent to State alms- houses. 33. When almshouses are full, cities, &c. to take charge of State pau- pers at expense of State. Notice thereof. 34. Cities, &c. liable for support of their paupers in State alms- houses. 35. Husband and wife to be supported where she has a settlement. 36. Expense to be paid by State. 37. Discharged convicts may be re- moved from prison to State alms- houses when no settlement is known. 38. If settlement is ascertained, to be removed from almshouse to place of settlement, which place shall refund all expenses. 39. No allowance for State paupers, except, &c. 40. Accounts of cities, &c. against State, how audited, &c. 41. Paupers may be sent out of State, &c. 42. Foreign paupers may be sent where they belong by order of court. 43. State lunatic paupers may be sent where they belong. 44. Overseers to perform duties of superintendent of alien passen- gers in certain cases. [1. Persons infected with smallpox, &c. not to be sent to State alms- houses. How supported. Notice, &c. 2. Expenses to be reimbursed, &c. 3. Penalty on mayor or overseers for violation of act.] BASTARD CHILDREN. 45. Who may complain, if the woman refuses or neglects. 46. Who may complain when the woman is in State almshouse, Rainsford, or Deer Island. 47. Complaint not to be settled with- out consent of Overseers of the poor or other persons. 48. Settlement made by mother and father not to relieve the father from his liability to city, &c. 49. Party charged as the father of child and committed to jail, may take poor debtor’s oath. 50. Mother, city, &c. to have rem- edy against father after taking oath. 51. Certain public officers may com- promise prosecutions. Other provisions of law, note. 26 LAWS AND ORDINANCES. COMMITMENT, 8DPPORT, DISCHARGE, ETC. OF INSANE IN LUNATIC STATE HOSPITALS. 52. Insane persons, how committed. Certificate and statement to be filed, note. 53. Notice to be given to mayor. 54. Cases how and where heard by court. 55. Fees of officers. 56. Pauper, insane, may be sent to hospital by Overseers of the poor. 57. Expense of persons having known settlements, by whom paid. 58. Expense of those having no known settlements, by whom paid. [1. Charge for lunatics in State hos- pital. 2. Takes effect on passage.] 59. How harmless, incurable insane may be discharged. 60. After discharge and removal may be recommitted. 61. How other insane or idiots may be discharged or removed. 62. Same subject, and note. 63. Expense of clothing, burial, &c. by whom paid. 64. Remedy of towns for expense of lunatics committed to hospitals. APPRENTICES AND SERVANTS. 65. Minors may be bound as appren- tices or servants. 66. How bound when under fourteen years. 67. When above fourteen. 68. Overseers of poor may bind. 69. Until what age, and upon what terms. 70. Indenture to be of two parts, &c. 71. One part to be kept for minor. 72. Money, &c. to be for use of ap- prentice. 73. Parents, selectmen, &c., to in- quire into treatment of children. 74. Complaint for misconduct of master or servant may be filed in superior court, &c. 75. Court may discharge apprentice, &c. 76. May award costs. 77. Master liable to action on inden- ture. 78. By whom action may be brought, 79. Proceedings therein, when brought by overseers. 80. Limitation of action by appren- tice. 81. If judgment for plaintiff, court may discharge apprentice. 82. Apprentice absconding may be arrested, &c. 83. Proceedings in such case. 84. Costs therein, of wfTom recover- able. 85. Apprenticeship discharged by death of master. 86. Mistresses. 87. Common law right. 88. Powers and duties, in whom vest- ed in cities. [1. Minors not to be bound appren- tices, without bonds to and by master. When bound by State, &c. authorities, bond to master may be waived. 2. Bond by master how to be pre- served, &c. 3. G. S. c. Ill, §§ 18, 19, 20 re- pealed ] SETTLEMENT OF PAUPERS. 89. Settlements, how acquired. [1. By married women. 2. By legitimate children. 3. By illegitimate children. 4. By living on freehold estate, &c. 5. By being assessed five successive years, &e. 6. By serving one year in certain town offices. 7. By settled and ordained minis- ters. 8. By persons admitted inhibitants by vote. 9. By incorporation of an unincor- porated place. LAWS AND ORDINANCES. 27 10. Where to be upon division or incorporation of town. 11. Acquired by serving apprentice- ship four years, &c. 12. By residence and paying taxes.] 90. Provision for persons who have begun to acquire settlements. 91. Settlements to continue until, &c. [1. Settlement acquired by military or naval service. 2. Town to relieve persons and their families in need who have served in military service, &c. as a part of quota of such town. 3. Act not to apply to persons who have received bounty from more than one town, or who have de- serted.] DEAD BODIES . 1 2 92. Overseers of the poor, &c. to permit physicians to take dead bodies in certain cases. 93. Physicians, &c. to give bond on receiving a dead body. 94. Persons having charge of poor- house, &c. to give notice of death. 95. Dead bodies not to be given to physicians if claimed by friends, or if deceased requested to be buried, &c. 96. Violation of sepulture, penalty for. 97. Buying or having dead body for purpose of sale, penalty for. HOUSE OF INDUSTRY. 98. Directors, nine in number, of house of industry to be chosen ; vacancies to be filled. Super- intendent and other officers. Powers and duties. 99. Directors may bind out children, and have all the powers of Over- seers of the poor relating to pau- pers. 100. Police Court authorized to sen- tence to House of Industry rogues, vagabonds, &c. 101. Same. 102. Directors to make reports to City Council ; and rules and regulations to be approved by City Council. 103. Directors increased to twelve ; vacancies ; powers and duties as provided in former acts. 104. Expenses of support of paupers in House of Industry, how re- covered. 105. Powers, duties, rights, &c. o directors transferred to Board of Directors for Public Institu- tions. FINES . 3 106. One half of the fines for violat- ing provisions as to livery sta- bles, gunpowder, acting as porter without license, &c. and obstruct- ing streets, &c. to go to the use of the poor. SALES OF REAL ESTATE BY GUARDIANS. 107. No license to be granted to guar- dians, except of minors, without approbation of Overseers of the poor. BOARD OF STATE CHARITIES. [1. Board of State charities constitu- ted, appointments, &c. 2. General agent, duties, &c. 3. Secretary, duties, and compen- sation. 4. To have rooms at State house, hold meetings, make rules, inves- tigate and supervise system of 1 Laws and Ordinances, 1863, p. 286. 2 Ibid. p. 372. 3 Ibid. pp. 89, 236, 472, 702. 28 LAWS AND ORDINANCES. Town to sup- port poor. G. S. 70, § 1. 9 Met. 495. Powers and du- ties of Over- seers of the Poor. public charitable institutions, transfer paupers, &c. To have no compensation except for ex- penses. 5. To prepare and print full report annually. 6. Office of commissioners and su- perintendent of alien passengers abolished, and duties to be per- formed by secretary and agent, &c. Compensation. 7. Compensation of general agent. Assistants of secretary and agent may be employed, &c. 8. Secretary and agent to give bonds, &c. 9. Expense of support of State luna- tic paupers, how paid, and at what rates. 10. Repeal, &c. 11. When act takes effect.] STATUTES. 5 Gray, 28. 6 Gray, 416, 420. 3 Allen, 515. 5 Allen, 576. 7 Allen, 284. 1. Every city and town shall relieve and sup- port all poor and indigent persons lawfully settled therein, whenever they stand in need thereof. 1 2. The Overseers of the Poor shall have the care and over- sight of all such poor and indigent persons so long as they remain in charge of their respective cities or towns, 2 and shall 1 City Solicitor's Office , Boston, April 14, 1863. Dear Sir : To your inquiry as to the rights of the Overseers of the Poor in Boston, in the expenditure of moneys appropriated to them by the city, I reply that their duty is to make no expenditure for the use of any person who has not a legal claim upon the city for support or assistance ; and no person has such claim to support, either in whole or in part, unless he has a legal set- tlement in Boston. If a person not having a legal settlement in Boston falls into distress here, it is the duty of the Overseers to afford him temporary relief at the expense of the town in which he has a settlement, if he has a settlement in this Common- wealth ; and if he has no such settlement, then they ought forthwith to take the necessary steps to have him removed to one of the State almshouses. The relief that may be afforded here to persons not having a settlement in the city, and falling into distress here, is limited to a provision for their neces- sities, until they can be removed to the towns which are bound to provide for them, or to a State almshouse. Cities and towns are not empowered to raise or appropriate moneys for the support of paupers not belonging to them, to a greater extent than I have indicated. Very respectfully, Your obedient servant, J. P. HEALY. 2 As to children of female convicts, see Gen. Sts. c. 178, §§ 29, 30; as to the expense of supporting prisoners, see the same chapter; and, as to certain expanses for discharged convicts, St. 1864, c. 169. LAWS AND ORDINANCES. 29 see that they are suitably relieved, supported, and employed, either in the workhouse or almshouse, or in such other manner as the city or town directs, or otherwise at the discretion of said overseers. They may remove to the almshouse such children as are suffering destitution from extreme neglect of dissolute or intemperate parents or guardians. 3. The Overseers of the Poor shall have the same power and authority over persons placed under their care, which di- rectors or masters of workhouses have over persons committed thereto. 4. The kindred of such poor persons, in the line or degree of father or grandfather, mother or grandmother, children or grandchildren, by consanguinity, living in this State, and of suffi- cient ability, shall be bound to support such paupers, in propor- tion to their respective ability. 5. The superior court in the county where any one of such kindred to be charged resides, upon complaint of any city, town, or kindred who shall have been at expense for the relief and support of such pauper, may, on due hearing, assess and apportion upon such of the kindred as they shall find to be of sufficient ability, and, in proportion thereto, such sum as they shall deem reasonable for or towards the support of the pauper to the time of such assessment ; and may enforce payment thereof by execution in common form ; provided , that such assessment shall not extend to any expense for relief afforded more than six months previous to the filing of the complaint. 6. The court may further assess and apportion upon said kindred such weekly sum as they shall deem sufficient for the future support of the pauper, to be paid quarter-yearly until the further order of court ; and upon application from time to time of the city, town, or kindred to whom the same is ordered to be paid, the clerk of said court shall issue and may renew an execution for the arrears of any preceding quarter. 7. When the court adjudges two or more of the kindred of a pauper to be of sufficient ability to contribute to his support, G. S. 70, § 2. 1 Pick. 26, 123. 20 Pick. 267. 29 Maine, 313. 7 N. H. 298. 7 Allen, 285. 8 Allen, 73. Same subject. G. S. 70, $ 3. Certain kindred to support, &c. Ibid. § 4. 10 Cush. 239. 3 Allen, 515. 6 Allen, 585. 8 Allen, 551. Superior Court may assess kindred for past expenses. G. S. 70, § 5. I Q. 66.* 3 Mass. 436. 5 Mass. 244. 10 Cush. 239. II Cush. 24. May also assess for future expenses. G. S. 70, § 6. Costs, how taxed. Ibid. § 7. Quincy’s Massachusetts Reports. 30 LAWS AND ORDINANCES. Court may order with whom pauper shall live. Ibid. § 8. Proceedings on complaints. Ibid. § 9. Other kindred than those named may be summoned. Ibid. § 10. Court may make new orders. Ibid. § 11. Overseers may provide for immediate relief of strangers, &c. Ibid. § 12. 3 Mass. 436. 4 Mass. 273. 5 Mass. S6, 323, 434. 6 Mass. 501. 8 Mass. 104. G. S. 70, § 12. 10 Mass. 411. 11 Mass.483, 327. 12 Mass. 262. 307,316,355,452. 13 Mass.501,547. 14 Mass. 184, 186. 15 Mass. 248. they shall tax no more costs against any one respondent than is occasioned by his default or separate defence. 8. The court may further order with whom of such kindred, that may desire it, such pauper shall live and be relieved, and such time with one, and such time with another, as they shall deem proper, having regard to the comfort of the pauper as well as the convenience of the kindred. 9. The complaint made as provided in section five, shall be filed in the clerk’s office, and a summons shall be thereupon issued requiring the kindred therein named to appear and answer thereto ; which summons shall be directed to any officer qualified to serve civil process between the parties, and served like an original summons, fourteen days at least before the sitting of the court to which it is returnable. 10. Upon suggestion that there are other kindred of ability, not summoned in the original process, they may be summoned, and after due notice, whether they appear or are defaulted, the court may proceed against them in the same manner as if they had been summoned upon the original complaint. 11. The court may take further order from time to time in the premises, upon application of any party interested, and may alter such assessment and apportionment according to circum- stances ; and upon all such complaints they may award costs to either party as justice requires. 16 Mass. 102 , no. 12. Said overseers, in their respective places, 2 nick. 34i. 4 ° shall provide for the immediate comfort and relief 5 Pick 190 * P ersons residing or found therein, having 8 Pick. 3ss, 563. lawful settlements in other places, when they fall 10 Pkk. 22, 150. . 1 n • .. 12 Pick. i. into distress and stand in need of immediate relief, 17 pick. 63 *. and they are removed to the places of their 23 Pick. 159 . lawful settlements : the expenses whereof, incurred 133. within three months next before notice given to the 9 Met! 539. place to be charged, as also of their removal, or 2Cush 5^>~" burial in case of their decease, may be recovered by i Gray, 515. the place incurring the same against the place liable 5 Gray, 390. 1 ® . . 11 Gray, 107 . therefor, in an action at law, to be instituted within LAWS AND ORDINANCES. 31 two years after the cause of action arises, but not 5 AIlen ' 576 - 13 Gray, 589 . . 7 Allen, 284. 1 Allen, 23. Otherwise. 8 Allen, 73. 4 Allen, 574. 13. A recovery in such action shall bar the place against Recovery to which it shall be had from disputing the settlement of such pauper with the place so recovering, in any future action Ibid * § u ' brought for his support. 14. When a person is supported in a place other than that Liability when in which he has his settlement, the place liable for his support removed* &c shall not be required to pay therefor more than at the rate of ibid. §14. ^ A . J . 4 Pick. 45. one dollar a week; provided , that the place so liable shall 7 Pick. 155 . cause the pauper to be removed within thirty days from the Sec time of receiving legal notice that such support has been fur- 8 Cush - 37L nished. 15. The overseers of the poor of each place shall also overseers shall relieve, support, and employ all poor persons residing or found therein, having no lawful settlements within this State, until bur y indigent 0 f strangers. their removal to a State almshouse, and in case of their decease compensation shall decently bury them ; the expense whereof may be recovered ^ ^70, § 15. of their kindred, if they have any chargeable by law for their support in the manner hereinbefore provided ; and if, in case of their burial, the expense thereof is not paid by such kindred, there shall be paid from the treasury of the commonwealth, five dollars for the funeral expenses of each pauper over twelve 1 In addition to the statute remedy it has been settled by the supreme court, that when the overseers of the poor relieve the wants of the wife whose husband has a legal settlement in another town, an account lies at common law for the town whose overseers furnished the relief, against the husband, not- withstanding the statute remedy against the town wherein he is settled. Inhab- itants of Hanover v. Turner , 14 Mass. 227, (1817). See, also, City of New Bedford v. Chace, 0 Gray, 28 (1855), and Inhabitants of Honson v. Williams , 6 Gray, 416 (1856). [So if a married woman has been committed as a lunatic to a State lunatic hospital by a judge of probate, the town of her settlement may maintain an action against her husband to recover sums which it has been obliged to pay for her support there, although he is in destitute circumstances. Brookfield v. Alien, 6 Allen, 585. But a person who needs relief, and receives it from a town is not liable to an action by the town to recover compensation for such relief, although he had property at the time when relief was furnished. Groveland v. Medford , 1 Allen, 23 ; ^010 v. Sawyer , 3 Allen, 515.] 32 LAWS AND ORDINANCES. g. s. 70, § is. years of age, and two dollars and fifty cents for the funeral expenses of each pauper under that age. 1 Towns liable to 19 Pick. 473. individuals. 20 Pick. 506. G. S. 70, § 16. 7 Met. 214. 2 Mass. 547, 564. 9 Met. 492. 5 Mass. 244, 328. 4 Cush. 199. 15 Mass. 286. 6 Cush. 399. 4 Pick. 101. 10 Cush. 3. 7 Pick. 333. 8 Allen, 73. 10 Pick. 24. 9 Allen, 134. 18 Pick. 470. 16. Every city and town shall be held to pay any expense necessarily incurred for the relief of a pauper therein by any person who is not liable by law for his support, after notice and request made to the overseers thereof, and until provision is made by them. Paupers may be 17 . The overseers of any place may send a written notifica- gTtm*?: t * on > statl * n o f acts relating to any person actually become chargeable thereto, to one or more of the overseers of the place where his settlement is supposed to be, and requesting them to remove him, which they may do by a written order directed to 23 Pick. 156. 4 Met. 433. 13 Met. 199. 8 Mass. 104. 6 Mass. 501. 5 Mass. 86. 5 Allen, 545. Process in case any person therein designated, who may execute the same. 18. If such removal is not effected by the last-mentioned of removals, overseers within two months after receiving the notice, they If a removal is ° J not made or shall within said two months send to one or more of the over- the e t & c. to return to city of Boston, and the overseers of the poor of the other Secretary of several cities and towns in the Commonwealth, shall, on or statement 5 1 And see G. S. c. 71, §§ 4, 25. 34 LAWS AND ORDINANCES. respecting paupers. 1862 , 112 , § 1 . before the fifteenth day of October in each year, prepare and return to the Secretary of the Commonwealth a statement, under oath, of the number and condition of the paupers in such city or town, as they were during the year ending on the last day of the month preceding, which return shall contain true and correct answers to the following inquiries, namely : — (1.) What number of persons have been relieved or sup- ported by your town, within and out of the almshouse, during the whole or any part of the year ending September thirtieth ? (2.) What number have received full support in your alms- house during the whole or any part of the year? (3.) What number, including children, have received full support out of the almshouse during the whole or any portion of the year? (4.) How many persons have you aided, or assisted with partial support, out of the almshouse? (5.) What was the number of inmates being fully supported in your almshouse September thirtieth ? (6.) How many persons were being fully supported out of the almshouse? (7.) How many were receiving partial support out of the almshouse ? (8.) What has been the average number, weekly, during the year, supported in the almshouse? (9.) What number of the inmates of your almshouse were unable to perform any labor? (10.) How many supported or relieved in your town within and out of the almshouse, were insane? (11.) How many insane persons have been supported by your town in the State lunatic hospitals? (12.) Plow many have been supported in hospitals out of the State? (13.) How many supported or relieved in your town within and out of the almshouse were idiots ? (14.) How many idiotic persons have been supported by LAWS AND ORDINANCES. 35 your town in the Massachusetts school for idiotic and feeble- Pauper returns, minded youth ? (15.) What number of all those supported and relieved were made dependent by intemperance in themselves ? (16.) What number by intemperance in those who ought to have been their supporters ? (17.) Of the whole number relieved and supported, how many had a legal settlement in your town ? (18.) How many were naturalized citizens (of foreign birth) ? (19.) How many were aliens (not naturalized) ? (20.) How many were born in England and Ireland? (21.) How many State paupers have you sent to the State almshouses ? (22.) Has your town an alipshouse ? (23.) What number of acres of land is attached to your almshouse ? (24.) What is the estimated present value of your alms- house property? 1. Value of real estate? 2. Value of personal property? (25.) What is the average weekly cost ot fully supporting a pauper in the almshouse, not including in the estimate of said cost, interest on the value of almshouse, or the income of the farm ? (26.) What has been the average weekly cost of the full support of a pauper out of the almshouse ? (27.) What is the total net amount of expense of supporting and relieving the poor in your town, within and out of the alms- house, including interest on the cost of the establishment. (28.) What is the estimated value of the labor performed by the poor in your almshouse ? (29.) What number of persons have been provided for under section twenty-five, chapter seventy-one, of the General Statutes ? 24. The said directors and overseers shall, at the same time, Directors, &c. prepare and return in manner aforesaid, correct statements of me nt of pauper all children in such city or town under fourteen years of age £ 36 LAWS AND ORDINANCES. Secretary to furnish blanks. 1862, 112, § 3. Penalty for not making return. G. S. 70, § 24. 1862, 112, § 4. Secretary to prepare abstract of returns. G. S. 70, § 25. Coroner, when to bury the body, &c. Costs, how paid. G. S. 175, § 14. who have been fully supported at the public charge during the whole or any part of the year, specifying therein the name, age, and sex of each. 25. The secretary of the commonwealth shall, in the month of September, annually furnish the said board of directors and overseers of the poor with blank forms of returns, which shall contain, in substance, the foregoing interrogatories and require- ments. 26. If the board of directors for public institutions of the city of Boston, or the overseers of the poor of any other city or town, refuse or neglect to make any of the returns as aforesaid, they shall forfeit a sum not less than fifty nor more than one hundred dollars for each offence ; and the secretary of the com- monwealth shall forthwith notify the district attorney of the district in which such directors or overseers reside, of such refusal or neglect, and he shall immediately prosecute for the same. 27. The secretary shall, as soon after the fifteenth day of October of each year as practicable, make out an abstract of the returns made to him, together with such explanatory remarks as he deems proper, and cause the same to be printed for the use of the legislature. 28. When a coroner takes an inquest upon a view of the dead body of a stranger, or being called for that purpose does not deem it necessary on view of such body that an inquest should be taken, he shall cause the body to be decently buried, unless its dissection has been allowed by lawful authority ; and if the coroner certifies that, to the best of his knowledge and belief, the person found dead is a stranger, not belonging to this State, the expenses of burial and of the inquisition, if any is taken, and other necessary expenses, with the coroner’s fees, shall be paid from the State treasury. In all other cases the expenses of the burial shall be paid by the town or city where the body is found, and all other expenses by the county. [An Act concerning returns of Sheriffs, Keepers of Jails and Houses of Correction, and Overseers of the Poor. 2?e it enacted , tyc. as follows : — St. 1864, c. 307. LAWS AND ORDINANCES. 37 Sect. 1. The secretary of the board of State charities shall furnish from time to time, to the keepers of the several prisons and workhouses throughout the Commonwealth, including the State prison, and the houses of industry, reformation, and cor- rection, in the city of Boston, the following blank schedule for periodical returns, which shall be made weekly, from all prisons where the commitments average ten a week and upwards ; monthly from all prisons where the commitments average be- tween two and ten a week ; and once in six months from all other prisons. Admissions . Registered number ; name ; color ; age ; sex ; birthplace : parents both Americans ; parents both temperate ; parents both or either convicts ; ever married ; intemperate ; what education ; what property ; ever in army or navy ; ever in Reform School ; when committed ; why committed ; number of former commit- ments ; when discharged ; how discharged ; length of sentence ; number of days sick ; number of times punished in prison. Discharges, Registered number ; name ; when committed ; why commit- ted ; when discharged ; how discharged ; time in prison ; num- ber of days sick ; number of times punished in prison ; number remaining by last report ; number committed since last report ; number discharged ; number transferred from other jails, &c. ; number transferred to other jails, &c. ; number now in confine- ment. Sect. 2. The said secretary shall also furnish the sheriffs of the several counties, the board of directors for public institu- tions for the city of Boston, and the warden of the State prison, with the following blank schedule for annual returns, to be made on the first day of October in each year, and lodged with the said secretary before the fifteenth of October : 1. Names and salaries of every officer employed and paid in and about the prison. [Name.] [Duty.] [Salary.] 2. Sum expended for provisions. 3. Sum expended for Weekly returns of commit- ments, &c. to be made. 1804 , 307 , § 1 . Annual returns of expenses, &c. to be made. Ibid. § 2. 38 LAWS AND ORDINANCES. 1864, 307, § 2. County com- missioners to make return to sheriff in certain cases. Ibid. $ 3. Penalty for neglect to make returns. Ibid. § 4. District attor- ney to make complaint. Ibid. § 5. Returns of paupers to be made semi- annually. Form of return. Ibid. § 6. clothing. 4. Sum expended for fuel and light. 5. Sum ex- pended for beds and bedding. 6. Sum expended for medicine and medical attendance. 7. Sum expended for instruction of prisoners. 8. Sum allowed to discharged prisoners. 9. Sum allowed to witnesses. 10. Sum expended for all other pur- poses. 11. Total amount expended. 12. Amount received for labor of prisoners. 13. Nature of instruction given. 14. Number of volumes in the prison library. 15. Number of prisoners vaccinated. 16. Number of persons committed for non-payment of fine and costs. 17. Number of persons who paid fine and costs. 18. Amount received for fines and costs. Sect. 3. The board of county commissioners in any county, when applied to therefor by the sheriff, shall make a return to him on or before the tenth day of October, of the amount expended by them, or with their approval, to provide all necessary supplies for the jails and houses of correction, necessary to enable him to comply with the requirements of the preceding section. Sect. 4. Every sheriff or prison officer who omits to make and transmit, according to the provisions of this act, true answers to the inquiries contained in the schedules, and every director or county commissioner, when his board omits to make and transmit such answers, shall forfeit one hundred dollars. Sect. 5. The secretary, when he finds that a sheriff, county commissioner, or director is liable to a forfeiture under the provisions of this act, shall forthwith notify the district at- torney for the district in which such sheriff or director resides, who shall immediately institute a complaint therefor, and the forfeiture recovered shall be applied by the county for the relief of discharged convicts. Sect. 6. The board of directors for public institutions and the overseers of the poor in the city of Boston, and the over- seers of the poor in the other cities and towns shall, twice in the year, namely, on the first day of March and the first day of October, prepare and return to the secretary of the board of State charities, full answers to the following schedules of questions. LAWS AND ORDINANCES. 39 Paupers fully supported . Registered number; name color; age; sex; birthplace; naturalized or not ; settlement in the town ; able to perform labor ; intemperate ; insane or idiotic ; when registered as pauper ; where supported ; ceased to be supported ; average weekly cost. Persons relieved and partially supported . Registered number ; number in family ; color ; age ; sex ; birthplace ; came into the State ; naturalized or not ; settlement in the town ; intemperate ; insane or idiotic ; when aided ; ceased to be aided ; residence when aided ; whole amount paid. Travellers Lodged and Persons sent to the State Almshouse. Name ; date ; color ; age ; sex ; height ; complexion ; sent to State Almshouse. Sect. 7. During the month of September, the secretary of the board of State charities shall furnish to the officers named in the sixth section, the following schedule of general interrog- atories, to be answered by them on the first of October, and returned in the form of a statement under oath to the secretary of the board of State charities, on or before the tenth of Octo- ber : — 1. Has your town an almshouse? 2. If not, in what man- ner are your paupers provided for? 3. If so, how long has it been built ; what are its dimensions, number of rooms, and number of windows? 4. How much land is connected with it? 5. What is the estimated value of your almshouse property? (1) Value of real estate? (2) Value of personal property? 6. What sum has been paid during the present year for the superintendence of your almshouse property ? 7. What further sum, if any, has been paid by the town for the support of the poor' at the almshouse ? What sum for the support of the poor out of the almshouse? 8. What is the estimated value of the labor performed by your almshouse poor during the past year ? 9. What number of persons have been provided for under 1804,307, § 6. Annual return to be made in October. Ibid. $ 7. 40 LAWS AND ORDINANCES. 1864, 307, § 7. Repeal of Sts. 1862, c. 112, §§ 1,2, 3, c. 220, and G. S inconsistent. Ibid. § 8. Cities and towns may send State pau- pers to State almshouses. G. S. 71, § 36. Commissioners may allow towns to send sick paupers to hospital. G. S. 71, § 30. section twenty-five, chapter seventy-one, of the General Stat- utes? 10. How many State paupers have been sent to State Almshouses? 11. What have been the whole number, and what the average number of paupers fully supported at your almshouse during the year? 12. How many of these have been vaccinated ? Sect. 8. Chapter two hundred and twenty, and the first, second, and third sections of chapter one hundred and twelve of the acts of eighteen hundred and sixty-two, and also so much of the General Statutes as is inconsistent with this act, are hereby repealed. Approved May 14, 1864.] State Almshouses. 29. The several cities and towns may at their own expense send to the State almshouses, to be maintained at the public charge, all paupers who may fall into distress therein, not hav- ing a settlement within the commonwealth ; that is to say, the cities and towns in the counties of Suffolk, Middlesex, and Essex, may send such persons to the State almshouse at Tewks- bury; the cities and towns in the counties of Norfolk, Bristol, Plymouth, Barnstable, Nantucket, and Dukes county, to the State almshouse at Bridgewater ; and the remaining cities and towns, to the State almshouse at Monson ; provided that the alien commissioners may direct the mayor of any city, or the overseers of the poor of any town, to send such paupers to either of the State almshouses ; and if any place is so directed to send a pauper to a greater distance than would be required by the preceding provisions of this section, the necessary additional expense shall be paid by the State. 30. The board of alien commissioners 1 may allow any city or town in the State to send sick State paupers to the hospital at Rainsford Island, and such paupers, their kindred, and the places of their settlement, shall be subject to the same liability as if they had been sent to a State almshouse, to be enforced in like manner. 1 On the first day of October, 1863, the powers belonging to the board of alien commissioners and to the superintendent of alien passengers were transferred to the “ Board of State Charities.” See Act of 1863, c. 240. LAWS AND ORDINANCES. 41 31. No city or town shall send to either almshouse any per- Not to send son who by reason of insanity would be dangerous if at large. a re dangerous. And if an inmate of such establishment becomes so insane, the Inma,< " beco,nr Ing furiously inspectors thereof may apply to the judge of a police court, or mad may be . . p p . ' . . sent to State any two justices ot the peace and ot the quorum, in the county lunatic hospt- in which the institution is situated, who shall have the same g 71 §37 power and authority in regard to such application and the com- mitment of such person to either of the State lunatic hospitals, as judges of probate courts have in regard to lunatics furiously mad ; provided , that it shall not be necessary to give notice of such application to the officers of any place. 32. When it is made to appear on application in writing to idiots having any two justices of the peace, one of whom shall be of the settlement may quorum, or to a police court, that any person having no known bo «ent to state settlement in this State is idiotic and ought to be confined, said ibid. $3s. justices or court shall send such person to the nearest State almshouse, there to be supported, governed, and employed, in the same manner as persons sent thereto by overseers of the poor. 33. When, by reason of all the State almshouses being full, when «n state a city or town is unable to obtain admission for a State pauper, f*™ 8 *™ 8 ® 8 ^ r e e such place shall take charge of the pauper until notified by the t( > t» k e charge . i ° . 11 of State pau- supermtendent to whom application for admission has been pers at expense made, that the pauper can be received. The superintendent Noficethereof. shall give notice by mail when the pauper can be received, Ibid - §46> having regard in so doing to the priority of applications ; and until notice is given, the city or town shall receive payment for the support of the pauper from the treasury of the common- wealth. 34. If a pauper having a legal settlement in any place be- Towns liable comes an inmate of either of said almshouses, such place shall [hei^paup^rs^ be liable to the commonwealth for the expense incurred for him, ®* 8t g e c ^ ma ‘ in like manner as one town is liable to another in like cases ; g. s. 7 1, § 49. ... .6 Gray, 455. and the same measures shall be adopted by the inspectors, in regard to notifying towns so liable, the removal of the pauper, and the recovery from towns of expenses incurred for him, as are prescribed for towns in like cases. 42 LAWS AND ORDINANCES. Husband and wife not to be separated. 1861, W, § 1. Expense to be paid by State. Ibid. § 2. But see § 40. 13 Mass. 501. Discharged convict paupers to be removed to almshouses in certain cases. G. S. 71, § 40. When settle- ment is discov- ered in this State, such paupers to be removed to the place, &c. Ibid. § 41. Allowance tor State paupers. Ibid. § 56. 35. When the operation of any provisions of law in relation to poor and indigent persons might cause a separation of hus- band and wife, by reason of her having a legal settlement in some place in the commonwealth, he being a State pauper, both parties shall be supported at the place where she has a legal settlement. 36. The expense of thus supporting the person who is such State pauper, shall be paid by the commonwealth, and the accounts therefor shall be audited and allowed by the inspectors of the State almshouse to which such pauper would otherwise belong, reference being had to the expense of supporting such person at the State almshouse, if there committed. 37. When a convict discharged from the State prison or any jail or house of correction, having no settlement in this State known to the warden, keeper, or master thereof, is at the time of his discharge incompetent, by reason of age, infirmity, or disease to support himself by labor, such warden, keeper, or master shall cause him to be removed to one of the State alms- houses ; the expense of which removal shall be certified to the auditor of the commonwealth, upon whose approval thereof the same shall be paid out of the treasury. 1 38. If after such removal it appears to the inspectors of the almshouse to which such discharged convict is removed, that he has a legal settlement in this State, they shall cause him to be removed to the place of his legal settlement, which shall be liable to refund to the commonwealth all expenses incurred in behalf of such convict from the time of his discharge from the State prison, jail, or house of correction ; to be recovered by a suit to be instituted by the attorney-general in the name of the commonwealth. 39. Nothing shall be allowed from the treasury of the com- monwealth to any county, city, or town, for expenses incurred on account of any State pauper, except in cases expressly pro- vided by law. 1 Convicts too sick to be removed, are to be taken care of at the prisons until they are able to be sent to the State almshouse. See Gen. Stats, c. 71, § 42. LAWS AND ORDINANCES. 43 40. All accounts against the commonwealth for allowance to counties, cities, and towns on account of State paupers, shall be rendered to the board of alien commissioners 1 on or before the third Wednesday of January annually; and shall be so made as to include all claims for such charges up to the first day of said January, and if approved by said board, and certi- fied by the auditor of accounts, shall be paid from the treasury of the commonwealth. The commissioners may require such accounts to be accompanied with such statement of particulars and facts, and substantiated by such affidavits as may seem to them proper. 41. Any person having received a permit from the overseers of the poor of any city or town to become an inmate of any State almshouse or hospital, and expressing a preference to be sent to any State or place where said pauper may have a legal settlement, or friends willing to support him, the board of alien commissioners 1 shall have power to remove said pauper, previous to his committal to any State institution, if, in their judgment, the interest of the commonwealth and of the pauper will be pro- moted thereby ; provided , that no person shall be so removed, unless, in the judgment of said overseers and commissioners, he will become a charge to the State for at least one year ; and said commissioners shall return, in their annual report, the names of all persons removed under the provisions of this act, the places whence removed, and the cost of the several removals. 42. Any justice of the superior court, trial justice, or police court, upon complaint of the overseers of the poor of any place or of a superintendent of alien passengers, in term time or vaca- tion, may by warrant directed to a constable or other person therein designated, cause any pauper not born, nor having a settlement, in this State, who may conveniently be removed, to be conveyed, at the expense of the State, to any other State, or, if not a citizen of the United States, to any place beyond sea where he belongs. Accounts of counties, &c. how audited, &c. G. S. 71, § 57. See § 36. Paupers may be sent out of State. 1860, 83. Foreign pau- pers may be carried where they belong. G. S. 71, § 52. 1 By the Act of 1863, c. 240, the board of alien commissioners was abol- ished, October 1, 1863, and all its powers and duties were transferred to a new board to be called the “ Board of State Charities.” [See this Act at length in a subsequent portion of this volume.] 44 LAWS AND ORDINANCES. State lunatic paupers may in game manner be sent home. G. S. 71, § 53. Overseers of poor, when to perform duties of superinten- dent of alien passengers. Ibid. § 24. St. 1865, 162. Persons infect- ed with small- pox, &c. not to be sent to State almshouses. How cared for, &c. G. S. c. 71. § 36. Expenses reim- bursed, &c. Penalty on may* or or overseers for violation of act, &c. 43. Upon complaint of the trustees of any State lunatic hos- pital, the county commissioners of a county, the inspectors of a State pauper establishment, or the overseers of the poor of a place, a judge of the probate court shall have the same powers as are given by the preceding section, to cause the removal of State lunatic paupers under their charge to any other State, or beyond sea, where they belong. 44. The overseers of the poor in any place where there is no superintendent of alien 'passengers, or where such superin- tendent is unable to perform his duties by reason of absence or ill health, shall perform the duties and exercise the authority of superintendents ; and shall in like manner render their accounts to the State treasurer, and pay over the money received, deduct- ing therefrom a reasonable compensation for their services. \_An Act concerning the admission of sick persons to the State almshouses . 1. No city or town authorities shall be allowed to send to either of the State almshouses any person infected with small- pox or other disease dangerous to the public health, nor any other sick person whose health would be endangered by removal, but all such persons, liable to be maintained by the commonwealth, shall be supported during such sickness by the city or town in which they are taken sick, and notice of such sickness shall be given to the board of State charities, who shall have authority to examine the case and order the removal of the patient if they deem expedient. 2. The expense incurred by any city or town under the pro- visions of the first section of this act, after notice shall have been given as therein required, and the bills for said support having been approved by the agent of the board of State chari- ties, shall be reimbursed by the commonwealth to an amount not exceeding at the rate of the average weekly cost of the sup- port of similar patients at the Rainsford Island Hospital. 3. Any mayor or overseer of the poor who shall knowingly offend against the provisions of the first section of this act, shall be subject to a penalty of not less than fifty or more than one hundred dollars. Approved April 27, 1865 . ] LAWS AND ORDINANCES. 45 Bastard Children . 45. If a woman entitled to make a complaint refuses or who may com neglects so to do when requested by an overseer of the poor of woman refuses, the place where she resides or has her settlement, or one of the ^kncn’ 477 . alien commissioners , 1 the superintendent of a State almshouse or 3Aiien,48i. . ^ . 8 Allen, 334. of the hospital at Rainsford Island, or a person authorized by either of them to make the request, or either of her parents, or her guardian, the person so requesting may make the complaint ; and when already made, if she refuses or neglects to prosecute the same, either of said persons may prosecute the case to final judgment, for the benefit of the parent, guardian, city, town, or State. In such cases the bond shall be made to the party for whose benefit the complaint is made or prosecuted. 46. When a woman is an inmate of either of the State alms- if woman is houses, a complaint by her or in her behalf, may be made either house, com in the county where she then is, or where she last had her usual where place of abode before becoming such inmate, and the warrant Ibid -§ 3. shall be returnable in the latter county or the county where the defendant resides. When a complaint is made in the county of Suffolk, by or in behalf of an inmate of the hospital at Rainsford Island or the house of industry at Deer Island, the warrant shall be returnable before the police court of the city of Boston. 47. No complaint shall fye withdrawn, dismissed, or settled complaint not by agreement of the mother and the putative father, without the draw^without consent of the overseers of the poor of the city or town in which consent, &c. . J Ibid. § 9 . she has her settlement or residence, or of one of the other offi- 3 Alien, 14 s. cers named in section forty-five, or of her parent or guardian, unless provision is made to the satisfaction of the court, to relieve and indemnify any parent, guardian, city, town, or the State, from all charges that have accrued or may accrue for the maintenance of the child, and for the costs of complaint and prosecution thereof. 48. No settlement made by the mother and father, before Liability for or after complaint is made, shall relieve the father from liability to any city or town, or the State, for the support of a bastard child. 1 See note on p. 43. 46 LAWS AND ORDINANCES. Party charged as father may take poor debtor’s oath. G. S. 72 , § 11. 3 Allen, 151. Mother, &c., to have remedy, &c. Ibid. § 12. 32 Maine, 21. Public officers may compro- mise suits. 1862, 213. Insane person, how committed. 1862, 223, § 3. 11 Gray, 107. 49. Whoever has been imprisoned ninety days for having failed to comply with any order of the court, as provided in chapter seventy-two of the General Statutes, shall have the benefit of the laws for the relief of poor prisoners committed on execution ; provided, that he procures like notification of his in- tention to take the oath prescribed to poor debtors, to be served upon the clerk of the city or town where the child of which he is the reputed father has its legal settlement, if there is such place in this State, and also upon the complainant, if living, thirty days at least before the time appointed for taking the oath. 50. The mother of such child and said city or town, or the State respectively, may at all times after the liberation of such prisoner or taking said oath, recover by action of contract any sum of money which ought to have been paid to them respec- tively by him, in pursuance of such order of court. 51. Public officers authorized to institute prosecutions and make complaints under the provisions of section forty -five, may with the consent of the mother or of her parent or guardian, compromise the same on receipt of a fixed sum or security for the payment thereof, for the benefit of the city, town, or com- monwealth as the case may be, instead of prosecuting the same to final judgment. 1 COMMITMENT, SUPPORT, DISCHARGE, ETC. OF INSANE IN STATE LUNATIC HOSPITALS. 52. Any of the judges of the supreme judicial, superior, and probate courts, and, in the city of Boston, of the police court, may commit to either of the State lunatic hospitals, any insane person who, in their opinion, is a proper subject for its treatment or custody. But in all cases, the evidence and certificate of at least two respectable physicians, shall be required to establish the fact of insanity. In all cases the judge shall certify in what place the lunatic resided at the time of his commitment ; or if ordered to be confined by any court, the judge shall certify in 1 For further provisions of law relating to the maintenance of bastard children, see Gen. Stats, c. 72, and Act of 1863, c. 127. LAWS AND ORDINANCES. 47 what place the lunatic resided, at the time of the arrest in pur- suance of which he was held to answer before such court ; and such certificate shall, for the purposes of this act, be conclusive evidence of his residence . 1 * * * * 53. Any person applying for the commitment or for the Notlceto th0 admission of a lunatic to a State lunatic hospital, under the pro- mayor, &c. visions of the Act of eighteen hundred and sixty-two, chapter two hundred and twenty-three, shall first give notice in writing to the mayor, or one or more of the selectmen, of the place where the lunatic resides, of his intention to make such applica- tion ; and satisfactory evidence that such notice has been given shall be produced to the judge in cases of commitment, and to the trustees upon applications for admission. 54. The judge may hear and determine such applications, Caseshowand in respect to persons alleged to be insane, at such times and heard by places as he may appoint ; and the presence of the alleged luna- R> id - § 6 - tic at the hearing may be required or dispensed with, in the discretion of the judge; and the court may, in its discretion, A j urymaybe issue a warrant to the sheriff or his deputy, directing him to summoned summon a jury of six lawful men, to hear and determine whether the alleged lunatic is insane. Whenever a jury is summoned, pursuant to the provisions of this section, the same proceedings shall be had and the same fees and expenses paid as are pro- Fees and ex _ vided by the General Statutes, chapter seventy-three, sections penses - twelve, thirteen, fourteen, fifteen, and sixteen. 55. Whenever application shall be made to any judge of Fees of officers, probate for the commitment of an insane person under the pro- Ibld * § 7 ’ visions of the Act of eighteen hundred and sixty-two, chapter two hundred and twenty-three, he may allow to the sheriff, deputy-sheriff, or constable, or other person to whom a precept is directed by name, who may serve the same, the same fees as are allowed to officers upon the commitment of persons to prison, 1 When application is made to a court for the commitment of an insane person to a hospital, there must be filed a certificate of two physicians, that the person is a fit subject to be committed to the hospital, and also a statement of other facts relating to said insane person. See Lunatic Hospital , Laws and Ordinances (1863), pp. 334, 335, §§ 15, 16. 48 LAWS AND ORDINANCES. Panper insane may be sent to hospital by overseer of the poor. 1862, 223, § 9. Expenses of support of per- sons having set- tlements. Ibid. § 10. 16 Pick. 71. 18 Pick. 379. 9 Gray, 32. 13 Gray, 544. 6 Allen, 585, Support of those having no know n set- tlements. Ibid. § 11. 16 Pick. 71. 18 Pick. 379. 9 Gray, 32. 13 Gray, 544. 6 Allen, 585. and such further sum for expenses incurred in said commitments, or in bringing such lunatic before the judge as to him may seem reasonable; and the sums so allowed shall be certified and paid, as provided in the General Statutes, chapter seventy-three sec- tion sixteen. 56. Any insane person who is supported by any place as a pauper, may be committed by the overseers of the poor thereof to either of the State lunatic hospitals, with the consent of the trustees, and shall be kept for a sum not exceeding the actual expense of his support. And the trustees shall receive into the hospital any other insane person having a settlement or resi- dence in this commonwealth, for such compensation as they may determine. 57. The expenses of the State lunatic hospitals for the sup- port of lunatics having known settlements in this State, shall be paid quarterly, either by the persons obligated to pay, or by the place in which such lunatics had their residence at the time of their commitment, unless other sufficient security is taken to the satisfaction of the trustees for such support. If any place or person refuses to pay whatever sum may be charged and due according to the by-laws of the hospital, on account of the sup- port of such patient therein, or for the removal of any patient whom the trustees are authorized by law to remove, for thirty days after the same has been demanded by the treasurer, in writing, of the mayor and aldermen of the city, or of the selectmen of the town, or of the person liable therefor, the same, with interest from the time of such demand, may be re- covered for the use of the hospital in an action to be instituted by the district-attorneys, or other prosecuting officers, in the name of the treasurer, against such delinquent city, town, or person. 58. The expenses of the hospitals for the support of luna- tics not having known settlements in this State, committed thereto, shall be paid quarterly by the Commonwealth at the same rates charged for city and town pauper lunatics therein, but not to exceed the sum of two dollars and sixty-two cents per week ; and the same may afterwards be recovered by the LAWS AND ORDINANCES. 49 treasurer of the commonwealth, of the lunatics themselves, if of sufficient ability to pay the same, or of any person or kindred obligated by law to maintain them, or of the place of their set- tlement if any such is ascertained ; and the district-attorneys, or other prosecuting officers, shall institute suits therefor when re- quested. [An Act to amend an Act in Relation to State Charitable and st. 1864 , c. 138 . Correctional Institutions. 1. The ninth section of chapter two hundred and forty Rate of charge of the acts of the year one thousand eight hundred and sixty- state hospitals, three is hereby so amended that the expenses of the lunatic G - s - 73 * J r # 1862, 223, § 11. hospitals for the support of the persons therein named to be paid 1863, 240, § 9. by the commonwealth shall not exceed two dollars and seventy- 1 ’ ’ § ^ five cents a week for each lunatic. 2. This act shall take effect upon its passage. Approved April 8 , 1864.] Takes effect on passage. 59. Any judge of the supreme judicial or superior court, at now harmless anv term held within and for the county in which either hospital incurable in * - J 1 sane may be is located, or the iudo-e of the probate court of such county or discharged. J ° 1 J 1862, 223, §14. the trustees of such hospital may on application in writing for the discharge from such hospital of any insane person who has remained there a sufficient time to make it appear that he is in- curable and not dangerous to the peace and safety of the com- munity, cause him to be delivered to the agents of any place in which he has a legal settlement, or on which he has a legal claim for support, or to his friends, when it appears that it would not be to his injury, and that he would be comfortably and safe- ly provided for by any parent, kindred, friend, master, or guar- dian, place or institution. When application has been made to any judge for the discharge of any insane person, any person in- terested in said discharge may request a trial upon said applica- tion by a jury, and the judge before whom the trial is to be held shall issue a warrant to the sheriff of the county, or his deputy, directing him to summon a jury of six lawful men, to hear and Jury. 7 50 LAWS AND ORDINANCES. 1862 ^ § 14 determine whether such insane person is incurable, and may be comfortably and safely provided for according to the terms of Summons, this section. The proceedings shall be the same in selecting expenses, &c. j urors> conducting the trial, and allowing the costs, as are pro- vided in sections twelve, thirteen, fourteen, fifteen and sixteen of chapter seventy- three of the General Statutes. After removal, 60. If after the discharge of an incurable lunatic under the ab^° supported, preceding section, it is made to appear on complaint by any per- &c. may be re- son under oath to the judge of the probate court for the county committed. # . . 1 . G. s. 73, §31. in which the lunatic has his legal settlement or is placed, that he is not comfortably supported, or that the public safety is en- dangered by him, said judge shall order his recommitment to said hospital. And the same proceedings may be had in deter- mining these questions by a jury, upon the request of any person interested therein made in writing to said judge, as are provided How other in- sane and idiots may be dis- charged or removed. Ibid. § 29. Same subject. 1802, 223, § 15. in the preceding section. 61. Any two trustees of either hospital, or either of the justices of the supreme judicial court or superior court, at any term held within and for the county in which the hospital is lo- cated, may, on application in writing for that purpose, discharge from confinement, after the cause of such confinement has ceas- ed, any lunatic committed thereto. The trustees may also re- move any idiot or other patient to the place where the judge or court committing him shall certify that he resided, when in their opinion he ceases to be dangerous and is not susceptible of men- tal improvement by remedial treatment at the hospital, if such place shall not remove him after reasonable notice in writing from the trustees. 62. The several judges of probate in the counties where the State lunatic hospitals are located, shall have the same authority at any time to discharge 1 from confinement lunatics committed to the hospitals, as is conferred upon the trustees and the justices of the supreme judicial and superior courts by the preceding section. 1 When all the State lunatic hospitals are crowded, trustees may remove a certain class. See Lunatic Hospital , Laws and Ordinances (1863), p. 335, § 17. LAWS AND ORDINANCES. 51 63. The money and cost of clothing which the trustees of Expense of any State lunatic hospital may by law furnish to discharged buriai°&c. pauper lunatics, the expense of pursuing such as elope there- 1862> 2231 5 16 ‘ from and of burial of pauper lunatics dying in the hospitals, shall be reimbursed to the trustees by the places of legal settle- ment of city and town paupers, and by the commonwealth in the case of State paupers. 64. Every city and town paying expenses for the support or Remedy of removal of a lunatic committed to either hospital, shall have like p°n“ C s o°fiu^a- rights and remedies to recover the full amount thereof, with tics committed . t to hospitals. interest and cost, of the place of his settlement, as if such ex- g. s.73, § 25 . penses had been incurred in the ordinary support of the lunatic ; .' 5 S and the lunatic, if of sufficient ability to pay the same, and any J Gray ,’390,* 393 kindred obligated by law to maintain him, shall be liable for all 11 Gray, 107. 1 -it • . , 6 Allen, 585. such expenses paid by any city or town in either case. MASTERS, APPRENTICES, AND SERVANTS. 65. Children under the age of fourteen years may be bound Minors may be as apprentices or servants until that age ; and minors above the apprentices or age of fourteen years may be bound as apprentices or servants, ^g***®' § l females to the age of eighteen years or to the time of their marriage within that age, and males to the age of twenty-one O 7 O j years. 66. Children under the age of fourteen years may be bound How bound by their father, or in case of his death or incompetency, by their fourteen years, mother or legal guardian. If illegitimate, they may be bound q 1 ^ 52 ' by their mother during the lifetime of the putative father as well 2 Mass - loy - J ® r 12 Mass. 387,433. as after his decease. If they have no parent competent to act, and no guardian, they may with the approbation of the selectmen of the town where they reside, bind themselves. The power of a mother to bind her children shall cease upon her subsequent 1 The 8th, 9th, 10th, 11th, 19th, 20th, 21st, 22d, 23d, 24th, 27th, 28th, and 30th sections of the 73d, and the 15th section of the 171st, and the 17th section of the 172d chapter of the General Statutes, are repealed by Act of 1862, c. 223, in which other provisions relating to the insane are made. 52 LAWS AND ORDINANCES. G. S. Ill, §2. When above fourteen. Ibid. § 3. 5 Cush. 417. Overseers of poor may bind. Ibid. § 4. 7 Greenl. 457. 4N. H. 139. 2 Pick. 451. At what age and upon what terms they may be bound. Ibid. § 5. 5 Pick. 250. 16 Pick. 44. Indenture to be of two parts, &c. Ibid. § 6. One part of indenture to be kept for minor. Ibid. § 7. Money, &c. to be for use of apprentice. Ibid. § 8. Parents, over- seers, &c. to inquire into treatment of children. Ibid. § 9. marriage, and shall not be exercised by herself or husband during the continuance of such marriage. 67. Minors above the age of fourteen years may be bound in the same manner, but when bound by their parent or guar- dian, the minor’s consent shall be expressed in the indenture and testified by his signing the same. 68. A minor child who is, or either of whose parents is, chargeable to a town as having a lawful settlement therein, or supported there at the expense of the State, maybe bound as an apprentice or servant by the overseers of the poor. 69. Such children, whether under or above the age of four- teen years, may be so bound, females to the age of eighteen years or to the time of their marriage within that age, and males to the age of twenty-one years ; and provision shall be made in the contract for teaching them to read, write, and cipher, and for such other instruction, benefit, and allowance, either within or at the end of the term, as the overseers may deem rea- sonable. 70. No minor shall be so bound unless by an indenture of two parts, sealed and delivered by both parties ; and when made with the approbation of the selectmen, they shall certify such approbation in writing upon each part of the indenture. 71. One part of the indenture shall be kept by the parent or guardian executing it, for the use of the minor ; and when made with the approbation of the selectmen or by the overseers of the poor, shall be deposited with the town clerk, and safely kept in his office for the use of the minor. 72. All considerations of money or other things paid or allowed by the master upon a contract of service or apprentice- ship made in pursuance of the seven preceding sections, shall be paid or secured to the sole use of the minor bound thereby. 73. Parents, guardians, selectmen, and overseers, shall in- quire into the treatment of all children bound by them re- spectively, or with their approbation, and of all bound by, or with the approbation of, the predecessors in office of any of them, and defend them from all cruelty, neglect, and breach of contract, on the part of masters. LAWS AND ORDINANCES. 53 74. Complaints by parents, guardians, selectmen, or over- complaint for seers, for misconduct or neglect of the master, and by the mas- master or' s^ ter, for gross misbehavior, or refusal to do his duty, or wilful I? n .\ m o y . neglect thereof on the part of the apprentice or servant, may be court, &c. filed in the Superior Court in the county where the master re- 2 rick. 451. sides, setting forth the facts and circumstances of the case. The court shall order notice to the adverse party, and, if the complaint is by the master, to all persons who have covenanted in behalf of the apprentice or servant, and to the selectmen who approved of the indenture, or their successors in office, and shall hear and determine the case with or without a jury, as the allegations of the parties may require. 75. The court may render a judgment or decree, that the Court may dis- minor be discharged from his apprenticeship or service, or the ticc^&o. J1,picI master from his contract, and the minor thus discharged may 451 be bound out anew. 76. Costs may be awarded to the prevailing party, and Court may execution issued therefor ; but no costs shall be awarded Ibid . § 12 . against selectmen or overseers, unless it appears that the com- plaint was made without just and reasonable cause. Costs in favor of the master may be recovered of the parent or guardian who executed the indenture, or, if there is no parent or guardian liable therefor, such costs may be recovered in an action against the minor when he arrives at full age. 77. Every master shall be liable to an action on the inden- Master liable to ture for the breach of any covenant on his part therein contained, “denture. All damages recovered in such action, after deducting the ne- Ibid - § 13 * cessary charges in prosecuting the same, shall be the property of the minor, and may be applied and appropriated to his use by the person who recovers the same, and the residue shall be paid to the minor, if a male, at the age of twenty-one years, and if a female, at the age of eighteen years, or at the time of her marriage within that age. 78. Such action may be brought by the parent or his execu- By whom tors or administrators, the guardian, or any one who succeeds brought!' ^ b ° him in that trust, or the overseers or their successors in office ; IbldL § 14, or it may be brought in the name of the minor by his guardian 54 LAWS AND ORDINANCES. G. s. ill, § 14. Proceedings therein when brought by overseers. Ibid. § 15. Limitation of action by apprentice. Ibid. § 16. If judgment for plaintiff, court may discharge apprentice. Ibid. § 17. Apprentice absconding may be arrested, and returned or imprisoned. Ibid. § 18. Proceedings in such case. Ibid. § 19. Costs therein, of whom recoverable. Ibid. § 20. or next friend, as the case requires ; or by himself after the expiration of the term of apprenticeship or service. 79. If the action is brought by the overseers, it shall not abate by the death of any of them* or by their being succeeded in office ; but shall proceed in the names of the original plaintiffs, or the survivor of them, or the executors or administrators of the survivor ; and the money recovered therein shall be deposited in the city or town treasury, to be applied and disposed of as pro- vided in section seventy-seven. 80. No such action shall be maintained, unless commenced during the term of apprenticeship or service, or within two years after the expiration thereof. 81. If judgment in such action is rendered for the plaintiff, the court may upon motion of the plaintiff discharge the minor from his apprenticeship or service, if not already done as before provided, and the minor may be bound out anew. 82. If an apprentice or servant, bound as aforesaid, unlaw- fully departs from the service of his master, any police court or justice of the peace, upon complaint on oath made by the master or any one in his behalf, may issue a warrant to apprehend the apprentice or servant, and bring him before the court or justice. If the complaint is supported, the court or justice may order the offender to be returned to his master, or commit him to the jail or house of correction for a term not exceeding twenty days, unless sooner discharged by his master. 83. The warrant when directed to an officer or other person by name, shall authorize him to convey the offender to the place of residence of the master in any county in the State. 84. All costs incurred in such process against a servant or apprentice, shall be paid in the first instance by the complain- ant. If the complaint is supported, the costs may be recovered by the master in an action on the indenture, if executed by a parent or guardian, and if recovered against a guardian, he may charge the amount paid by him in his guardianship account. If the indenture was executed by overseers of the poor, or the minor with the approbation of the selectmen, the costs may be recovered in an action against the minor after he arrives at full LAWS AND ORDINANCES. 85. No indenture of apprenticeship or service made in pur- Apprenticeship suance of this chapter shall bind the minor after the death of dea^tTot master, his master, but the apprenticeship or service shall be thence- G ' s - in * $ 21 * forth discharged, and the minor may be bound out anew. 86. All the foregoing provisions shall apply as well to mis- Mistresses. . , Ibid. § 22. tresses as to masters. 87 . Nothing contained in the preceding sections G °™™ on * lftW shall affect the father’s right at common law to ibid. § 23. assign or contract for the services of his children during their 7 Mass. 147. 9 Gray, 381. 1 Mason, 78. 8 Johns. 328. 1 Ashm. 207. 3 B. & A. 586. minority. 88 . Everything prescribed in preceding sections to be done rowers and by the selectmen of a town shall and may be done by the Invested Mayor and Aldermen of a city ; and everything prescribed to be done by the Overseers of the poor of a town shall and may be done by the Overseers of the poor of a city, or the direc- tors of the house of industry, or such other officers as have charge of the poor therein. [An Act concerning masters and apprentices. st. 1865, c. 270. 1 . No minor shall be bound as an apprentice or ser- Minors not t0 vant unless his parent or guardian, or some responsible person be b ° und a ?‘ 1 0 1 1 prentices with- in his behalf, shall give a written bond in the sum of two hun- out bonds to dred dollars to the master, with condition that the minor shall except, &c. serve him for the full term of such apprenticeship or service, and that the master shall be held harmless from any loss or damage from the breach of such condition, provided that minor children, who have no parents able to give such bond, may be so bound by giving a bond in such sum as may be agreed upon by and between the master and the parents or guardians of such minor. And the master shall also give bond to the minor, in a like sum, with condition that he shall comply with the conditions of the indenture, and shall not be guilty of any misconduct towards the apprentice or servant, and shall hold the apprentice or servant harmless from any loss or damage by reason of any failure on his part to comply with the terms of the indenture or contract, provided that, whenever minors are bound by State, town, or municipal authorities, or authorized 56 LAWS AND ORDINANCES. 1865, 270, § 1. Bond by mas- ter, how to be preserved, &c. Ibid. § 2. G. S. Ill, §§ 18, 19, 20, repealed. Ibid. § 3. agents, the bond required to be given to the master may be waived by the parties. 2. The bond given by the master shall be kept for the use of the minor by the parent or guardian, and, when there is no parent or guardian, it shall be deposited with the Town Clerk where the master resides, and safely kept in his office for the use of the minor. 3. Sections eighteen, nineteen, and twenty, of chap- ter one hundred and eleven of the General Statutes are hereby repealed. Approved May 16, 1865.] SETTLEMENT OF PAUPERS. Settlements, how acquired. G. S. 69, § 1. 13 Mass. 547. 15 Mass. 260. 2 Pick. 394. 1 Met. 580. 10 Cush. 517. 89. Legal settlements may be acquired in any city or town, so as to oblige such place to relieve and support the persons acquiring the same, in case they are poor, and stand in need of relief, in the manner following, and not otherwise, namely : — By married women. 9 Mass. 201. 12 Mass. 363. 1 Pick. 506. 13 Pick. 303. 23 Pick. 242. First. A married woman shall follow and have 32 n. h. 245. the settlement of her husband, if he has any within the State ; otherwise her own l at the time of marriage, if she then had any, shall not be lost or suspended by the marriage. 1 By legitimate 4 Pick. 174. children. 7 Pick. 140. 4 Mass. 493. 18 Pick. 264. 13 Mass. 469,472. 23 Pick. 245. 15 Mass. 237,260. 12 Met. 37, 38. 4 Alien, 458. Second. Legitimate children shall 6 Allen, 31. ° 8 Alien, 551. follow and have the settlement of their 24 Me H 28 i. 1,M2 ' father, if he has any within the State, 16 Mass. 135. 8 Cush. 528. 17 Mass. 398. 10 Cush. 517. until they gain a settlement of their own ; but, i Pick. 197, 506. 13 Gray, 34i. if he has none, they shall, in like manner, fol- low and have the settlement of their mother, if she has any. 2 [* Under St. 1845, c. 222, Gen. Sts. c. 107, § 2, the validity of a marriage cannot be questioned on account of insanity or idiocy, in a suit to recover for expenses incurred after its passage in the support of a pauper, whose settle- ment is sought to he established by a marriage existing before its passage. 4 Allen , 458. 2 Under St. 1853, c. 253, if the parents of illegitimate children marry, and the father acknowledges them as his, they are made legitimate to all intents and purposes, and thereupon take his settlement, although this may change that already acquired by them at birth from the mother. 8 Allen, 551.] LAWS AND ORDINANCES. 57 Third. Illegitimate children shall follow and have the set- By illegitimate tlement of their mother at the time of their birth, if she then 1# has any within the State ; but neither legitimate nor illegitimate 8 • 383,429 children shall gain a settlement by birth in the place where 23 1>ick - 242 * & : * 8 Cush. 75. they may be born, if neither of their parents then has a settle- 8 Alien, 551. ment therein. Fourth. Any person of the age of twenty-one By living on 5 Met. 350. . . . . pi* 1 n 1 freehold estate. 13 Met. 192 . years, being a citizen ot this or any other ot the 4 Mass. 384 . 4 Cush. 172. United States, and having an estate of inheritance J* ^ 1 Gray, eia. or freehold in any place within the State, and living 2 Pick. 29, 530. 13 Gray, 92. on the same three years successively, shall thereby 19 Pick. 294. g A lien, 431, 477. . x 1 • 1 1 21 Pick. 233. 9 Allen, 137. gain a settlement in such place. 3 Me t. igs, 428. Fifth. Any person of the age of twenty-one By being 15Mass.i60.253. years, being a citizen of this or any other of the United States, and having an estate the principal of 11 Mas8, 327 * 24 Pick. 166. which shall be set at two hundred dollars, or the income at i Met. 178 . twelve dollars in the valuation of estates made by assessors, 4 Cush. 557. and being assessed for the same to State, county, city, or town ^Gray^sl 2 taxes, for five years successively, in the place where he dwells 4 Gra r’ 282 - • 7 J . 1 . 4 Allen, 574 . and has his home, shall thereby gain a settlement therein. e Alien, 477. Sixth. Any person being chosen and actually serving one By serving one whole year in the office of clerk, treasurer, selectman, overseer offices . 1 t0Wn of the poor, assessor, constable, or collector of taxes, in an y 523* place shall thereby gain a settlement therein. For this purpose 1Pi( *. a year shall be considered as including the time between the choice of such officers at one annual meeting and the choice at the next annual meeting, whether more or less than a calendar year. Seventh. Every settled ordained minister of the gospel shall Settlement J . 0 A acquired by be deemed to have acquired a legal settlement in the place ministers. . . . . . 4 Cush. 553 . wherein he is or may be settled as a minister. 7 Alien, 90. Eighth. Any person admitted an inhabitant by any place at By persons a legal meeting, held under a warrant containing an article for fnimbuants that purpose, shall thereby acquire a legal settlement therein. by vote. Ninth. Any citizen of this or any other of the By incorpora- place. TT . . o in* ii* 1*1 • tionofan 4 Mass. 452 . United fetates, dwelling and having his home m unincorporated 6 Mass. 445. any unincorporated place at the time it is incorporated into a J town, shall thereby acquire a legal settlement therein. 8 58 LAWS AND ORDINANCES. Where to be upon division or incorpora- tion of town. G. S. 69, § 1. 4 Mass. 278, 384, 453, 676. 10 Mass. 341. 4 Pick. 117. 13 Pick. 303. 16 Pick. 197. 19 Pick. 426. 6 Met. 484. 4 Cush. 185. 4 Mass. 487. 10 Mass. 342. 1 Allen, 75. 4 Mass. 486. 17 Mass. 398. 4 Pick. 357. By serving apprenticeship four years, &c. By residence and paying taxes. 5 Mass. 430. 10 Mass. 394. 13 Mass. 460, 462, 502. 15 Mass. 254. 16 Mass. 236. Tenth. Upon the division of a city or town, every person having a legal settlement therein, but being absent at the time of such division and not having acquired a legal settlement else- where, shall have his legal settlement in that place wherein his last dwelling-place or home happens to fall upon such division ; and when a new city or town is incorporated, composed of a part of one or more incorporated places, every person legally settled in the places of which such new city or town is so com- posed, and who actually dwells and has his home within the bounds of such new city or town at the time of its incorpora- tion, shall thereby acquire a legal settlement in such new place ; ; provided , that no person residing in that part of a place which upon such division shall be incorporated into anew city or town, having then no legal settlement therein, shall acquire any by force of such incorporation* only ; nor shall such incorporation prevent his acquiring a settlement therein, within the time and by the means by which he would have gained it there if no such division had been made . 1 Eleventh. A minor who serves an apprenticeship to a lawful trade for the space of four years in any place, and actually sets up such trade therein within one year after the expiration of said term, being then twenty-one years old, and continues there to carry on the same for five years, shall thereby gain a settlement in such place ; but being hired as a journeyman shall not be considered as setting up a trade. »£«■ Twelfth. Any person of the age of twenty-one 8 Pick. 408. years, being a citizen of this or any other of the 12 rick! i. ' United States, who resides in any place within this 20 Pick 345 48 °* State for ten years together, and pays all State, 3 Met. 428. county, city, or town taxes, duly assessed on his 10 Met. 115. J J J [* Where part of one existing town is by special statute annexed to another existing town, the inhabitants actually dwelling or having a home in the part annexed, will acquire a settlement in the town to which they are annexed. 7 Mass. 156, 14 Mass. 253, 15 Mass. 248, 1 Pick. 144, 19 Pick. 426. As to agreements between towns, and for other decisions relating to the effect of acts of incorporation, &c., see 6 Mass. 501, 14 Mass. 253, 15 Mass. 254, 257, 260, 261, 16 Mass. 48, 58, 112, 2 Pick. 572 9 Pick. 55, 16 Pick. 197, 24 Pick. 164, 1 Met. 383, 4 Met. 570, 10 Met. 208, 4 Cush. 185, 10 Cush. 517.] LAWS AND ORDINANCES. 59 ,, . A n n VI* -w G. S. 69, § 1. 13 Gray, 586. poll or estate for any five years within said time, 12 Met. 35. 4 Alien, 571. shall thereby gain a settlement in such place. 638,' 557. 19 °* wpiok. i? 8 ’ 90. No person who had begun to acquire a settlement by provisions for the laws in force at and before the time 1 when the preceding have°be^n°to section took effect, in any of the ways in which any time is nre- acquir0 • J J I settlements. scribed for a residence, or for the continuance or succession of ibid. § 2 . any other act, shall be prevented or delayed by the provisions of the preceding section ; but he shall acquire a settlement by a continuance or succession of the same residence or other act in the same time and manner as if the former laws had continued in force. 91. Every legal settlement shall continue till imtu it is lost or defeated by acquiring a new one with- &c - to , Ibid. § 3. m this State, and upon acquiring such new set- 4 Mass. 133. tlement all former settlements shall be defeated l JJass.’ 201! and lost. 10 Mass. 413. 11 Mass. 441. 12 Mass. 363. 15 Mass. 257. 2 Pick. 28, 572. 9 Pick. 55. 24 Pick. 164. 13 Met. 192. 6 Cush. 61, 320. 13 Gray, 589. [An Act relating to the settlement and relief of persons who st. i865,c. 230. have served in the Army and Navy of the United States. 1. Any person who shall have been duly enlisted and settlement, mustered into the military or naval service of the United ^ mSryor States, as a part of the quota of any city or town in this Com- “^ d al § S j rvice * monwealth, under any call of the President of the United g. s. c. go, 70. States, during the recent civil war, and who shall have contin- G - s,Ci 71 » §4 ued in such service for a term not less than one year, or who shall have died or become disabled from wounds or disease re- ceived or contracted while engaged in such service, or while a prisoner in the hands of the enemy, and the wife or widow and minor children of such person, shall be deemed thereby to have acquired a settlement in such city or town ; and all the rights, duties and liabilities pertaining to such settlement, as set forth in chapters sixty-nine and seventy and in section forty-nine of chapters seventy- one of the General Statutes, shall attach there- to, provided such person was, at the time of his enlistment, of the age of twenty-one years, an inhabitant of said city or town, 1 June 1, 1860, when the General Statutes began to be in force. 60 LAWS AND ORDINANCES. Town to furnish relief to per- sons and their families in need who have served in mili- tary service as part of quota of such town. 1865, 230, § 2. G. S. 69, 70. G. S. 71, § 36. Act not to apply to persons who have received bounty from more than one town, unless, &c. or who have deserted. 1865, 230, § 3. and had resided therein for six months next previous to the time of his being mustered into said service. 2. Any person enlisted, mustered and serving as a part of the quota of any city or town as set forth in the first sec- tion of this act, but who shall not be entitled to a settlement therein by reason of the want of age or residence required by said section, shall, nevertheless, be entitled for himself, his wife or widow, and minor children, to relief and support in such city or town, if at any time they should fall into distress therein, or stand in need of such relief or support ; and such city or town shall not send such person, nor his wife or widow, nor his minor children, to any State almshouse nor remove them to any other place nor recover the expenses of their relief or support from any other city or town nor receive the same from the Common- wealth ; and if any city or town shall cause any such person, so entitled to relief therein, to be sent to any State almshouse or removed to any other place, such city or town shall be liable in an action of tort for all expenses of their relief and support thereafter incurred in such almshouse or by any other city or town. But otherwise than as above provided, said city or town shall not be liable to any other city or town, nor to the Common- wealth, for the expenses of any relief or support furnished to such person, or to his wife, widow or minor children, in such other place, or in any State almshouse. 3. The provisions of this act shall not apply to any per- son who shall have enlisted and received a bounty for such enlistment, in more than one town, unless the second enlistment was made after an honorable discharge from the first term of service, nor to any person who shall have been guilty of wilful desertion, or who shall have left the service otherwise than by reason of disability or an h^orable discharge. Approved May 13, 1865.] DEAD BODIES. 1 92. The Overseers of the Poor of a town, the mayor and Overseers of poor, &c. to Laws and Ordinances (1863), p. 301. LAWS AND ORDINANCES. 61 aldermen of a city, and the inspectors and superintendent of a give dead State almshouse, may, to any physician or surgeon, upon his phyllcilns in request, give permission to take the bodies of such persons ^ r y li "-. ca ^ e 1 3, dying in such town, city, or almshouse, as are required to he buried at the public expense, to be by him used within the State for the advancement of anatomical science ; preference being given to medical schools established by law, for their use in the instruction of students. 93. Every physician or surgeon, before receiving any such physicians, & c . dead body, shall give to the board of officers surrendering the J 7 o o receiving a dead same to him a sufficient bond that each body shall be used only bod y- / . . J Ibid. § 2. for the promotion of anatomical science within this State, and so as in no event to outrage the public feeling ; and that, after having been so used, the remains thereof shall be decently buried. 94. Persons having charge of a poorhouse, workhouse, or persons having house of industry, in which a person required to be buried at houses 0 &c°to the public expense dies, shall forthwith give notice of such death give notice of to the Overseers of the Poor of the town or to the mayor and ibid. § 3. aldermen of the city in which such death occurs ; and except in case of necessity, the body of such person shall not be buried until such notice is given, and permission therefor granted by such overseers or mayor and aldermen ; nor without their per- mission shall the body be surrendered for dissection or mutila- tion. 95. If the deceased person during his last sickness, of his when dead own accord, requested to be buried, or if, within twenty-four ^ begiVenTo* hours after his death, any person, claiming to be, and satisfying j^ si g ians> &c ' the proper authorities that he is a friend or of kindred to the deceased, asks to have the body buried, or if such deceased per- son was a stranger or traveller, who suddenly died, the body shall not be so surrendered, but shall be buried. 96. Whoever not being authorized by the Board of Health j Violation of Overseers of the Poor, directors of a workhouse, selectmen, or penaity^for. mayor and aldermen of any city or town, by the Board of 37, Directors for Public Institutions, Overseers of the Poor of the 19 Pick. 304. city of Boston, wilfully digs up, disinters, removes, or conveys 62 LAWS AND ORDINANCES. G. S. 165, § 37. Buying or hav- ing dead body for the purpose of sale, &c. penalty for. Ibid. § 38. Directors of house of indus- try to be chosen : their powers and duties. 1822, 56, §§ 1, 2. Powers and duties of the directors as to binding out children. 1826, c. 111. away, any human body, or the remains thereof, or knowingly aids in such disinterment, removal, or conveying away, and whoever is accessory thereto, either before or after the fact, shall be punished by imprisonment in the State Prison not ex- ceeding one year, or in the jail not exceeding two years, or by fine not exceeding two thousand dollars. 97. Whoever buys, sells, or has in his possession for the purpose of buying or selling, or trafficking in, the dead body of any human being, shall be punished by fine of not less than fifty nor exceeding five hundred dollars, or by imprisonment in the jail not less than three months, nor exceeding three years. HOUSE OF INDUSTRY. 1 98. The house of industry that was located in that part of the city called South Boston, was completed in 1822 ; 2 and by a special act of the legislature, passed February 3, 1823, the city council were authorized to choose nine directors of the house of industry, who “ should have and exercise the like authority and power in using, regulating, and governing said house of industry as are had and exercised by overseers of the poor within this commonwealth, and may send such persons to said house and for such purposes as overseers of the poor are by law authorized to do.” 3 99. By an act passed March 5, 1827, it was further pro- vided that the directors of the house of industry in the city of Boston should have and exercise all the powers and perform all the duties relative to paupers, y and the binding out of children and other persons committed to said house of industry for sup- port, as the Overseers of the Poor of the several towns in this 1 Laws and ordinances (1863), p. 372. 2 The house of industry was removed from South Boston to Deer Island, in November, 1853. 3 For the general powers and duties of overseers of the poor relating to the support of paupers and the binding out of children, see Paupers , ante , p. 24. For their powers in the city of Boston, and their duties as a corporate body to hold and manage trust funds, see the Statutes and Ordinance relating to the overseers of the poor of said city, post. See also Gen. Sts. cc. 70, 111. LAWS AND ORDINANCES. 63 Commonwealth had and exercised in relation to paupers and 1826 , in. the binding out of children and other persons under and by virtue of the several laws of this Commonwealth ; and all acts of said directors should impose the same duties, liabilities, and obligations in all judicial tribunals, on the city of Boston afore- said, and on the several towns and individuals of this Common- wealth as the same acts would impose if done and performed in the same manner by the overseers of the poor of the several towns in this Commonwealth. 1 100. By the act of February 3, 1823, before mentioned in police court section ninety-eight, it was provided that the justices of the houseoT ^ t0 police court in the city of Boston should have and exercise J^ 8 gJ y g 3 the like authority and power, in ordering commitments to said house of industry, as were vested in justices of the peace as to commitments to houses of correction, according to the pro- 1737 , 54 , § 1 . visions of “ An act for suppressing and punishing rogues, vaga- bonds, common beggars, and other idle, disorderly, and lewd persons,” passed March 26, 1788. 2 * * 101. An act passed April 4, 1860, concerning imprison- police court ment in the county of Suffolk, provides that in all cases in which [ 2 ^? sentence the police court of the city of Boston is authorized to sentence tobouseof industry. to imprisonment in the house of correction or county jail, or i 860 , m. commitment thereto for non-payment of fine and costs, said court may instead, at their discretion, sentence to imprisonment in the house of industry for the city of Boston, or commitment thereto. 102 . The directors were required to make an annual report Directors to to the city council of the inmates and the expenses, and that the tTbe B * rules and orders for the governing and managing the house of a PP rovedb y 0 0 . city council. industry should be approved by the city council. 1822 , 56, §§ 4 , 5 , 6 . 103. By an act passed March 16, 1833, the city council Directors of were empowered, whenever they deemed it expedient, to appoint, ^Xyt^ by concurrent ballot in each board, a sufficient number of per- be cbosen - J 9 1 1833, 126, § 1. 1 See note 3 on preceding page. 2 For the authority of the justices of the several courts to commit offenders to the house of industry, see Houses of Correction and Jails. Laws and Ordinances (1863), p. 336. 64 LAWS AND ORDINANCES. 1833, 126, $ 1. Vacancies to be filled. Ibid. § 4. Superintendent and other officers. Recovery of expenses for the support of paupers. 1824, 28, § 1. 1 Allen, 25. Powers duties, &c., transferred to new board of directors. 1857, 35, §§ 1-10. sons, not exceeding twelve, 1 a majority of whom should consti- tute a quorum for the transaction of business, to be directors of the house of industry in the said city, who should hold their office for the term of one year, and until others were appointed in their place; and said city council were further empowered, in like manner to fill all vacancies which might occur in said board of directors during the year for which it was appointed. And said directors might appoint a superintendent, and any other officers necessary for the government of said house, and should have all the powers, and be subject to all the duties prescribed to said board by virtue of the several acts to which it was in ad- dition. 104. By an act passed June 12, 1824, it was provided that the city of Boston should be entitled to the same remedies in order to recover the expenses of supporting any poor person maintained in the house of industry of said city that towns in this Commonwealth were entitled to for the recovery of the expenses of persons for whom support or relief was provided by overseers of the poor, or under their direction. 2 105. The provisions contained in sections ninety-eight and one hundred and three, relating to the choice of direc- tors for the management of the house of industry, and the provisions in section one hundred and two, relating to reports of the directors and rules and orders, are superseded by other provisions contained in an act passed March 28, 185 7, 3 whereby all the public institutions in the city of Boston, viz : the houses 1 The act of 1822, c. 56, limited the number of directors to nine. See § 98 in the text. Laws and Ordinances (1863), pp. 367-369, §§ 107-113. 2 For the recovery of expenses for support of paupers, see Paupers , ante , p. 24. In case inmates of the house of industry die, for the notice to be given and the disposition of the bodies, see ante , §§ 92-97. 3 For the Act of March 28, 1857, c. 35, and another Act relating to the pub- lic institutions, passed March 27, 1858, c. 112, see Houses of Correction and Jails , Laws and Ordinances (1863), pp. 367-369, §§ 107-113. For the Ordinance of the city relating to the public institutions, see Laws and Ordinances (1863), pp. 369-372. For matters relating to the house of reformation and lunatic hospital, see House of Reformation , Laws and Ordinances (1863), p. 376, and Lunatic Hospital, p. 329. LAWS AND ORDINANCES. 65 of industry and reformation, the lunatic hospital, and the house of correction for the county of Suffolk, were placed under the control of one board, to be styled “ The Board of Directors for Public Institutions,” and to have all the authority and powers, Their powers and to be subject to all the duties now conferred and imposed 35**5 i-io_ by virtue of existing statutes, respectively, upon the directors of the houses of industry and reformation and the overseers of the house of correction, together with such other powers and duties in connection with the lunatic hospital as the city council may provide. FINES. 106. One half of the fines, for livery stables within one FineB to the hundred and seventy feet of a church (St. 1810, c. 124, § 2) ; for keeping or selling gunpowder, &c. contrary to law, when an engineer of the fire department is a witness on the trial of 1799 , 31 , § 8. the prosecution (St. 1837, c. 99, § § 1 and 2) ; for acting as a porter without license (St. 1741, § § 2 and 3) ; and for ob- structing streets, &c. (St. 1799, c. 31, § 8) goes to the use of the poor. 1 SALES OF LAND BY GUARDIANS. 107. No license shall be granted to a guardian except in when over case of minors, unless the Overseers of the Poor of the place ^assentf 001 where the ward is an inhabitant or resides certify in writing G - s * 102 » $ 38, their approbation thereof. [An Act in relation to State charitable and correctional fell* lcuo, C| 210. institutions. 1. The Governor, with the advice and consent of the coun- Board of state cil, shall appoint five persons who, together with the general ^p. agent and secretary hereinafter mentioned, shall constitute the pomtments, &c. 0 ^ 1863 , 240 , § 1 , board of State charities. One of the persons so appointed g. s. c. 71 . shall hold office for one year ; one of them for two years and one for three years ; one for four years and one for five years ^aws and Ordinances (1863), pp. 89, 236, 472, 702. 9 66 LAWS AND ORDINANCES. General agent, duties, 8c c. 1863, 240, § 2. G.S. c. 71,72, 73. Secretary duties, &c. 1863, 240, § 3. G. S. C. 21, 71. 1862, c. 112. unless sooner removed. Appointments to fill vacancies, caused by death, resignation or removal before the expiration of terms, may be made for the residue of such terms by the Governor and council ; and all appointments to fill vacancies caused by expiration of terms shall be made in the same manner. 2. The Governor, with the advice and consent of the coun- cil, shall appoint some suitable person as general agent of State charities, who shall hold his office for three years, unless sooner removed. He shall be a member of the board of State chari- ties, ex officio , and shall, subject to the control and direction of the said board, oversee and cohduct its out-door business, espe- cially the examination of paupers and lunatics, to ascertain their places of settlement and means of support, or who may be re- sponsible therefor ; the removal of paupers and lunatics to their usual homes ; the prosecution of cases of settlement and bas- tardy ; the collection of emigrant head-money ; and the bond- ing of suspicious persons ; and all and singular the duties now devolved by law upon the superintendent of alien passengers for the city of Boston. 3. The Governor, with the advice and consent of the coun- cil, shall appoint some suitable person to be secretary of the board of State charities. He shall hold his office three years, unless sooner removed. He shall keep an accurate record of the proceedings of the board and shall perform such clerical service as they may require. He shall, under the direction and control of the board, examine the returns of the several cities and towns in relation to the support of paupers therein, and in relation to births, deaths and marriages, and he shall prepare a series of inter- rogatories to the several institutions of charity, reform and cor- rection, supported wholly or in part by the Commonwealth, or the several counties thereof, with a view to illustrate in his annual report the causes and best treatment of pauperism, crime, disease and insanity. He shall also arrange and publish in his said report all desirable information concerning the industrial and material interests of the Commonwealth, bearing upon these subjects, and shall have free access to all reports and returns now required by law to be made ; and he may also propose LAWS AND ORDINANCES. r, 7 such general investigations as may be approved by the board. 1803,240, §3. He shall be paid, annually, the sum of two thousand dollars and compensation his actual travelling expenses. 4 . The board of State charities shall be provided with Bo , ir ] suitable rooms in the State House. They shall hold meetings to have r,,om * . 1 at State House, on the first Wednesday of every month. They may make such make rules, rules and orders for the regulation of their own proceedings as supervise * 6 aDd they mav deem necessary. They shall investigate and supervise 8 7 8tem of p u1> the whole system of the public charitable and correctional insti- transfer pau- tutions of the Commonwealth, and shall recommend such changes make pur* and additional provisions as they ‘may deem necessary for their ibfd. e § 4 &C economical and efficient administration. They shall have full J?' ll ' f L J Cr. 0 . 7o, § 2©. power to transfer pauper inmates from one charitable institution or lunatic hospital to another, and for this purpose to grant admittances and discharges to such pauper inmates, but shall have no power to make purchases for the various institutions. They shall receive no compensation for their services except compensation their actual travelling expenses, which shall be allowed a nd exceptfor 0 r 7 expenses. paid. 5 . The board of State charities shall annually prepare and To prepare and print for the use of the legislature a full and complete report por^muaiiy. of all their doings during the year preceding, stating fully and 1863 > 2 i°»§ 5 . in detail all expenses incurred, all officers and agents employed, with a report of the secretary and general agent, embracing all the respective proceedings and expenses during the year, and showing the actual condition of all the State institutions under their control, with such suggestions as they deem necessary and pertinent. 6 . The board of commissioners in relation to alien passen- 0fficeofcom . gers and State paupers, and the office of superintendent 0 f mission f rs \ and 0 1 1 7 1 superintendent alien passengers in the city of Boston are hereby abolished, and of alien pas- 1 , . -ill i ~ ill- senders abol- the duties now required by law to be performed by the meum- ished, and duties bents of said offices shall be performed by the secretary and s^rSary 111 * 41 general agent herein provided for, subject to the control and ^ n “ e ^ e c ral direction of the board of State charities. No compensation ibid. § 6 . shall be allowed for this service except actual travelling ex- penses. LAWS AND ORDINANCES. 68 Compensation of general agent. Assist- ants of secre- tary and agent may be employed, &c. 1863 , 240 , § 7 . Secretary and agent to give bond. Ibid. § 8. 7. The general agent shall be paid annually the sum of two thousand dollars in full for all his services, and his actual travelling expenses. The general agent and secretary, subject to the approval of the board, may employ such assistants, and incur such expenses as they may deem necessary, within the limits of the annual appropriations ; and the balance of appropria- tions already made for the alien commissioners and the superin- tendent of alien passengers, remaining unexpended on the first day of October, eighteen hundred and sixty-three, shall be held subject to the requirements of the board. 8. The secretary and general agent shall respectively give bond to the treasurer of the Commonwealth, with sufficient sureties, for the faithful performance of their duties, in such sums as may be required in their commissions. Expense of 9. The expenses of the lunatic hospitals for the support of support of State # 1 * ri lunaticpaupers, lunatics not having known settlements in this State committed at what 'rate! thereto, shall be paid by the Commonwealth at the same rates g^s 73 charged for other lunatics residing therein, not exceeding two 1862, 223, § u. dollars and twenty-five cents a week for each lunatic. 1 1864 , 138 . 10. All acts and parts of acts inconsistent with this act are Repeal. A 1863, 240, § io. hereby repealed. when act takes H* This act, so far as the appointment of officers under it effect. i s concerned, shall take effect upon its passage ; and for all other purposes, on the first day of October in the year one thousand eight hundred and sixty-three. Approved April 29, 18 63.] 2 1 Ante , p. 49. 2 For further provisions in regard to the board of State charities, see “ An Act relating to insane persons and lunatic hospitals.” St. 1864, c. 288; also, ante, p. 37. A DIGEST OF DECISIONS OF THE SUPREME JUDICIAL COURT OF MASSACHUSETTS, RELATING TO OVERSEERS OF THE POOR AND PAUPERS 180 4 - 1865. 1 1 From the Supplement, published in 1866, to the “Laws and Ordinances,” revised in 1863. A DIGEST OF DECISIONS APPRENTICES. 1. Under St. 1793, c. 59, § 4, (Gen. Sts. c. Ill, §§ 4, 5,) which provides that in certain cases male children may be bound out as apprentices by the overseers of the poor “ until they come to the age of twenty-one years,” the overseers are not authorized to bind out a male child to serve as an appren- tice until he shall he twenty years of age. Reidell v. Cong don, 16 Pick. 44 (1834). 2. The same statute requires that in inden- tures of apprenticeship by overseers of the poor, provision shall be made for instructing the male children “ to read, write, and cipher” and “ for such other instruction, benefit and allowance, either within or at the end of the term, as to the overseers may seem fit and reasonable.” It was held, that an indenture in which the master merely covenanted to give the apprentice “ the privilege of all the town school usually taught in the town ” was void. Ib. 3. An indenture of apprenticeship entered into by overseers of the poor, which does not contain a provision for the instruction of the minor in reading, &c. pursuant to the statutes, is void in regard to all the parties. Butler v. Hubbard, 5 Pick. 250 (1828). 4. The covenants in an indenture of ap- prenticeship that the apprentice shall serve, and that the master shall instruct him and provide for him, are independent; so that if the apprentice, by reason of incurable illness, becomes unable to learn his master’s trade, or to perform the stipulated services, the master cannot of his own authority put an end to the contract. Powers v. Ware, 2 Pick. 451 (1825). 5. So if the apprentice steal his master’s goods. Ib. 6. The selectmen of a town, who were ex officio overseers of the poor, no persons having been especially chosen overseers, bound out a child as an apprentice, by an indenture wherein they designated themselves simply as selectmen. It was held, that the indenture was valid ; and an action brought upon it by overseers of the poor was sustained. Powers v. Ware, 2 Pick. 451 (1825). 7. Where the master cut out his signature from the indenture, by permission of one only of the selectmen, it was held, that he was not discharged of the contract, lb. OVERSEERS OF THE POOR. 1 . In the year 1772 the overseers of the poor of Boston were incorporated by the legisla- ture. The act of 1822, changing the town of Boston to a city, continued this corpora- tion, and did not dissolve or suspend it. Bos- ton v. Sears, 22 Pick. 122 (1839). 2. It was held, also, that the overseers of the poor of Boston were by their incorporation constituted an aggregate corporation, with perpetual and continued succession; that a grant to them of real estate would have car- ried a fee without being to their successors ; and that, in a writ of right, they could count only on their own seisin within thirty years next before the commencement of the action. lb. 3. Where overseers of the poor, upon the decease of a pauper, take possession of his effects, pursuant to St. 1817, c. 186, § 6, (Gen. Sts. c. 70, § 21,) and administration is not taken out within thirty days from his decease, they may sell so much of the property as shall be necessary to repay the expenses in- curred for such pauper, notwithstanding the appointment of an administrator before the sale takes place. Haynes v. Wells, 6 Pick. 462 (1828). 4. In an action by the administrator of a pauper against the overseers, to recover the value of articles fairly sold by auction pursu- ant to that statute, and purchased by one of the overseers himself, the sale was held to be valid. Ib. DIGEST OF DECISIONS. 2 5. A pauper having a settlement in a town in this commonwealth, cannot lawfully be car- ried by the overseers, against his will, to a place without the Commonwealth, to be there supported. Westfield v. Southwick, 17 Pick. 68 (1835). 6. If the municipal authorities of a town have provided supplies for distribution among those out of the almshouse who need relief, upon orders of the overseers of the poor, and have given notice thereof to the overseers, the latter have no authority to contract debts in behalf of the town for the support of the poor ; and one who, having knowledge of the facts, furnishes supplies to persons settled in such town upon orders of the overseers, cannot maintain an action against the town to recover for the same. Ireland v. Newbury- port, 8 Allen, 73 (1864). 7. The admission of overseers of the poor, in a binding-out indenture, that a certain pau- per is chargeable to their town, and their acts in paying bills to other towns for his support, are not admissible in evidence against the town in a litigation growing out of subse- quent acts, for the purpose of showing that he and his descendants have their settlement therein. In performing these duties, they act as public officers, and not as agents of the town. New Bedford v. Taunton, 9 Allen, 207 (1864). And see Paupers, 272. 8. A committee appointed by a town to au- dit the accounts of the overseers of the poor, and to demand and receive from them the books of account belonging to the town, held by the overseers in their official capacity, have no such property in the books as will author- ize them to apply in their own names for a mandamus to compel the surrender of the books. Bates v. Plymouth , 14 Gray, 163 (1859). PAUPERS. I. What constitutes a Pauper, and who CAN ACQUIRE A SETTLEMENT. II. Settlement op Paupers ; How ac- quired or LOST. (а) By Approbation, and not being warned out. (б) By Derivation. ( c ) By living on a Freehold Estate, &c. ( d ) By having an Estate, &c., and being assessed therefor. ( e ) By serving as a Town Officer, or being an Ordained Minister. ( f) By Incorporation or Division of Towns. ( g ) By Residence and paying Taxes. (h) How prevented by being relieved as a Pauper. (i) How lost, when once acquired. III. Actions for supporting Paupers. (a) Against the Pauper’s Kindred. ( b ) By Individuals against Towns. (c) By Towns against Individuals. (d) By Towns against Towns. (1) When and for what the Action will lie; and of the Pleadings , Evidence, and Trial. (2) Of the Notice. (3) Estoppel. IY. Removal of Paupers. V. Penalty for bringing a Pauper into a Town. VI. Lunatic Paupers and State Paupers. I. What constitutes a Pauper, and who can acquire a Settlement. 1. The word “ pauper” has long been un- derstood to designate persons receiving aid and assistance from the public, for themselves or their families, under the provisions made by law for the support and maintenance of the poor. Opinion of the Justices, 11 Pick. 540 (1832). 2. Where a person who had been supported by his town as a pauper, had bodily health and strength, though of small mental capacity, and was able to earn more than enough to support himself, and had found an employer, it was held, that he was no longer a pauper ; and consequently, where the town made a contract with the plaintiffs, that they should take care of all the paupers belonging to the town, and be entitled to their services, it was held, that they were not entitled to the services of the person above described. Wil- son v. Brooks, 14 Pick. 341 (1833). 3. In an action between two towns to re- cover the amount of expenses incurred by the plaintiff town in relieving a person ivhose settlement was in the defendant town, the fact that such person might by going a short dis- tance have obtained of his debtor as much money as was expended for his relief, was held not to be conclusive evidence that he was not a pauper. Sturbridgew Holland, 11 Pick. 459 (1831). See Paris v. Hiram, 12 Mass. 262 ; Groveland v. Medford, 1 Allen, 23 (post, 268). 4. A revolutionary pensioner, who was very old and infirm, and had no property other than his wearing apparel and his pension, which was $ 96 a year, was held to be a pauper in the case of Fiske v. Lincoln, 19 Pick.473(1837). 5. Persons who reside on lands purchased by or ceded to the United States for navy yards, forts, and arsenals, where there is no other reservation of jurisdiction to the state 4 DIGEST OF DECISIONS. 73 than that of a right to serve civil and criminal process on such lands, do not gain a settlement in the towns in which the lands are situated, for themselves or their children, by residence for any length of time on such lands. Opinion of the Justices, 1 Met. 580 (1841). 6. Indians, residing within the limits of a town, and being under the guardianship of persons appointed by the government, have no legal settlement in such town. Andover v. Canton, 13 Mass. 547 (1816). 7. Persons confined as convicts in houses of correction are supported as paupers. Wood v. Burlington, 1 Met. 493 (1840). See Opinion of the Justices, 1 Met. 572. 8. A pauper cannot gain a settlement in his own right in the same town in which he derives a settlement from his father. Salem v. Ipswich , 10 Cush. 517 (1852). 9. A British soldier was made a prisoner of war by our army in 1777, and was never exchanged, but, not being confined, volun- tarily continued his residence in this common- wealth until 1824. It was held, that he was a citizen, and capable of gaining a settlement in this commonwealth. Cummington v. Springfield, 2 Pick. 394 (1824). 10. So of one born in England, who deserted from the British army under General Bur- goyne during the Revolution, and who had re- sided in this commonwealth from that time until 1824. Phipps's case, 2 Pick. 394, note (1824). 11. Every person is a pauper who receives relief at the public expense, and such as is provided by law for persons standing in need of immediate relief. Shaw, C. J., in Charles- town v. Groveland, 15 Gray, (1860), cited 6 Allen, 587. 12. Where a bond has been given by one individual to another for the support of a poor person, and the indemnity of the obligee, who was chargeable for such support, the town of the pauper’s lawful settlement is not thereby discharged from the obligation to maintain such pauper. Watson v. Cambridge, 15 Mass. 286 (1818). II. Settlement of Paupers; How ac- quired or LOST. See St, 1865, c. 230. (a) By Approbation, and not being warned out. Sts. 1692, c. 15; 1701, c. 13; 1767, c. 3; 1789, c. 14. Gen. Sts. c. 69, § 1, cl. 8. 13. A warning of a pauper “ and his family ” under Prov. St. 4 W. & M. c. 13, § 9, "is sufficient to prevent the wife and children 10 | of the pauper from gaining a settlement. Shirley v. Watertown, 3 Mass. 322 (1807). 14. If a person, before the Prov. St. of 7 Geo. III. c. 3, had been duly warned to depart from a town, so as to prevent his ac- quiring a settlement in such town, and after the warning, removed from the town without an intention of returning, continuing absent long enough to gain a new settlement, and afterwards came back and dwelt in the town he had been warned to leave, he must have been again warned within a year from his return, or he would have gained a settlement. Chelsea v. Malden, 4 Mass. 131 (1808). 15. A warning under the Prov. St. of 4 W. & M. c. 13, to avoid the gaining of a settlement by a pauper, was without effect unless, either in the warrant or the return thereof, the length of time was stated that the party warned had resided in the town. Hamilton v. Ipswich, 10 Mass. 506 (1813). 16. A warrant which merely stated that the pauper had “lately come to reside” in the town, did not specify with sufficient distinct- ness the length of time that he had resided there. Middleborough v. Plympton, 19 Pick. 489 (1837). 17. A warning was held not to be proved by a record of the court of sessions, stating that “ the selectmen of U. were allowed to enter their caution against C., whom they refuse to admit as an inhabitant, he having been duly warned, as by a warrant, &c. and re- turn thereon, on file, appears,” although it was shown that the warrant and return were lost ; such act of the court of sessions being merely ministerial. Sutton v. Uxbridge , 2 Pick. 436 (1824). 18. Whether such record would have been sufficient evidence, if it had set forth particu- larly the necessary facts, qucere. lb. 19. If, in order to show that a person was prevented from gaining a settlement in a town by being warned to leave within one year after he came to reside there, pursuant to Prov. Sts. 4. W. & M c. 13, and 12 & 13 Will. III. c. 10, it be proved merely that such a warrant was issued, served, and re- turned, it cannot be presumed, in the absence of all other evidence on the subject, that the return on such warrant certified that he was warned within one year after he came to reside in such town. Franklin v.. Dedham, 18 Pick. 544 (1836). 20. Where a stranger was received and entertained by an inhabitant of a town, pre- vious to April 10, 1767, and his residence there was designedly concealed, so that the town officers had no opportunity to warn him to depart, it was held, that he did not gain a settlement. Newbury v. Harvard, 6 Pick. 1 (1827). 74 DIGEST OF DECISIONS. 21. A vote of a town between 1767 and 1789, by which J. S. and others were “con- stituted” one of the school districts of the town, is no evidence of such approbation by the town of his dwelling there as was required by the Prov. St. of 7 Geo. III. c. 3, to give him a settlement in the town. Amherst v. Shelburne , 13 Gray, 341 (1859). 22. Between the years 1767 and 1789 there was no mode of acquiring a new settlement, but by approbation of the inhabitants of the town into which the person might remove. Parker, C. J., in Andover v. Canton, 13 Mass. 550 (1816). 23. Under Prov. St. 7 Geo. III. c. 3, § 4, a person coming into a town to reside could not gain a settlement by an implied “ approba- tion by the town of his dwelling there.” Thus the acceptance by a town of a list of jurymen, as revised by the selectmen, which contained the name of a person who had come into such town to reside, is not such an “ approbation ” as is required by that statute. Orange v. Sudbury , 10 Pick. 22 (1830). 24. According to the statute of 1751, for correcting the calendar, a person born on April 4, 1745, old style, would not come of age until April 15, 1766, new style ; conse- quently, he could not gain a settlement in a town by a year’s residence without being warned out, there being less than a year between the time of his coming of age and the 10th day of April, 1767, after which day (by Prov. St. 7 Geo. III.) a settlement could not be gained by mere residence without being warned out. Danvers v. Boston , 10 Pick. 513 (1830). 25. After the provincial act of 7 Geo. III. c. 3, and before St. 1789, c. 14, no settlement by a residence without being warned out could be gained except by the approbation of the town at a general meeting. Granby v. Amherst, 7 Mass. 1 (1810). 26. The provisions of St. 4 W. & M. c. 13, and St. 1789, c. 14, which required the warn- ing of persons out of a town, to prevent their acquiring a settlement, did not apply to mi- nors, although illegitimate. Somerset v. Dighton, 12 Mass. 383 (1815). 27. A male pauper, being married while under age, was not thereby so emancipated as to acquire a settlement by a year’s residence without being warned out, under Sts. 4 W. & M. c. 13, and 12 & 13 Will. III. c. 10. Taun- ton v. Plymouth , 15 Mass. 203 (1818). 28. A child born to one who had been warned to depart the town, under St. 4 W. & M. c. 13, gained a settlement in such town by a year’s residence, after coming of age, without being warned to depart. Berk- ley v. Somerset, 16 Mass. 454 (1820). 29. Where one, before the 10th of April, 1767, had hired a house, but before the re* | moval of his family into it had gone abroad, and in his absence his family removed into it, and were not warned to depart within twelve months from such removal, he gained a settle- ment in the town in which such house was sit- uated. Hardwick v. Raynham, 14 Mass. 362 (1817). (b) By Derivation. Sts. 1789, c. 14; 1793, c. 34. Rev. Sts. c. 45. Gen. Sts. c. 69. Married Women. 30. A marriage of a man having a legal settlement within the commonwealth gives such settlement to the wife, whether the mar- riage was solemnized within or without the commonwealth. Dalton v. Bernardston , 9 Mass. 201 '( 1812 ). 31. A female does not change the place of her lawful settlement by going through the form of a marriage with a person non compos mentis. Middleborough v. Rochester, 12 Mass. 363 (1815). 32. A man and a woman having their set- tlements in the same town, intermarried, and the town being afterwards divided into two towns, it was held, that the wife took the set- tlement of her husband in one of the two towns, although but for the marriage her set- tlement would have been in the other. North Bridgewater v. East Bridgewater, 13 Pick. 303 (1833). 33. In an action to recover expenses incur- red in support of a pauper, against a town in which his settlement is sought to be estab- lished by reason of a marriage, it cannot be shown in defence that the marriage was inval- id by reason of the insanity of one of the par- ties. Goshen v. Richmond, 4 Allen, 458 (1862). 34. The legislature had power to pass St. 1845, c. 222, (Gen. Sts. c. 107, § 2,) provid- ing that the validity of a marriage shall not be questioned in the trial of a collateral issue, on account of the insanity or idiocy of either party. That statute applies to marriages ex- isting at the time of its passage, lb. Legitimate Children. 35. The children of a woman who marries a pauper follow his settlement. Goshen v. Richmond, 4 Allen, 458 (1862). 36. Upon a father’s gaining a new settle- ment, a child who is of age, voluntarily liv- ing with him, does not thereby gain such new settlement. Springfield v. Wilbraham , 4 Mass. 493 (1808). 37. A woman of twenty-one years of age and upwards does not follow or have the set- tlement of her father, which is acquired by DIGEST OF DECISIONS. 75 him in a town in this commonwealth after she reaches that age ; although she continues to be a member of his family, and he then, for the first time, acquires a settlement in this commonwealth. Shirley v. Lancaster , 6 Al- len, 31 (18G3). 38. The widowed mother of a female pau- per became possessed of an estate sufficient to confer a settlement from three years’ pos- session ; but, before the three years had passed, the daughter was married to an alien ; and, al- though she continued to reside in her moth- er’s family until after the expiration of the three years, it was held, that she derived no settlement from her mother. Charlestown v. Boston , 13 Mass. 469 (1816). 39. The settlement of one who is non com- pos mentis , and has not estate sufficient to give him a settlement in virtue thereof, fol- lows and changes with the settlement of his father, as well after his coming of age as be- fore. Upton v. Northbridge , 15 Mass. 237 (1818). 40. But it is otherwise if he becomes non compos mentis after he becomes of age. Buck- land v. Charlemont , 3 Pick. 173 (1825). 41. And incipient insanity does not incapac- itate one from gaining a settlement of his own. lb. 42. Legitimate children cannot derive a settlement from their mother, unless tlieir father has no settlement within the common- wealth. Amherst v. Shelburne, 13 Gray, 341 (1859). 43. A legitimate child having a settlement by its father cannot acquire the settlement of its mother. Scituate v. Hanover, 7 Pick. 140 (1828). 44. A minor child, having the settlement of its deceased father, does not lose it and ac- quire the settlement of its mother, on her gaining a new settlement by a second mar- riage. Walpole v. Marblehead , 8 Cush. 528 (1851). 45. A husband, having a settlement in this state, after a divorce a vinculo for adultery committed by him, removed to another state, where he married and had children, while his former wife was still living. It was held, that such Carriage being permitted by the laws of that state, the children were legitimate, and that they had their fathers settlement. West Cambridge v. Lexington, 1 Pick. 506 (1823). 46. Minor children, having the settlement of their mother, do not, at the common law, acquire a new settlement gained by her mar- riage, although they remove with her to the place of such new settlement. Freetown v. Taunton, 16 Mass. 52 (1819). But see Gen. Sts. c. 69, § 1, cl. 2. 47. Legitimate children under age, having the settlement of their mother, acquire the new settlement which she gains by another marriage. Plymouth v. Freetown , 1 Pick. 197 (1822). 48. Where a minor, deriving his settlement from his mother, resided in another state, em- ployed in learning a trade, and the mother acquired a new settlement in this common- wealth by a second marriage, before he came of age, it was held, that his settlement fol- lowed that of his mother. Great Barrington v. Tyringham, 18 Pick. 264 (1836). 49. It seems, that the circumstance that the minor was not bound as an apprentice by in- denture, is not material in such case. lb. 50. The settlement of a widow, acquired by her after the death of her husband, is commu- nicated to her infant children. Dedham v. Natick, 16 Mass. 135 (1819). Illegitimate Children. 51. Under St. 1789, c. 14, § 3, the settle- ment of an illegitimate child followed that of his mother, and changed with it. Petersham v. Dana, 12 Mass. 428 (1815). 52. A man and a woman having their settle- ments in the same town intermarried, and the town being afterwards divided into two towns, it was held, that the wife took the settlement of her husband in one of the two towns, al- though but for the marriage her settlement would have been in the other ; and that the settlement of her illegitimate child, born be- fore the marriage and before St. 1793, c. 34, which had acquired no settlement in its own right, changed with and followed the settle- ment of its mother. North Bridgewater v. East Bridgewater , 13 Pick. 303 (1833). 53. But under St. 1793, c. 34, § 2, (Gen. Sts. c. 69, § 1,) cl. 3, an illegitimate child has the settlement of its mother at the time of its birth, and retains it until it gains a new settle- ment by some act of its own. Its settlement does not change with that of its mother. Boyls- ton v. Princeton, 13 Mass. 381 (1816). 54. Under the provincial act of 7 Geo. III. c. 3, illegitimate children acquired no settle- ment by birth, but had the settlement of their mother. Newton v. Braintree, 14 Mass. 382 (1817). 55. An illegitimate child, born after April 10, 1767, and before the passage of St. 1789, c. 14, has the settlement of his mother at the time of his birth, if she then had any. Black- stone v. Seekonk, 8 Cush. 75 (1851). 56. If the parents of illegitimate children intermarry, and the father acknowledges the children as his, they are, by St. 1853, c. 253, (Gen. Sts. c. 91, § 4,) made legitimate to all intents and purposes, and thereupon take the settlement of the father. Monson v. Palmer , 8 Allen, 551 (1864). 76 DIGEST OF DECISIONS. Slaves. 57. Until the ratification of the constitution of this commonwealth, in 1780, the settlement of a slave always followed that of his master, and he could not acquire a settlement in his own right. Winchendon v. Hatfield , 4 Mass. 123 (1808). Dighton v. Freetown, lb. 539. Stockbridge y. West Stockbridge, 12 Mass. 399 (1815). Edgartown v. Tisbury , 10 Cush. 410 (1852). 58. Slaves were not within the provincial statutes relating to the warning of persons in order to prevent their gaining a settlement, or relating to the gaining a settlement by resi- dence. Winchendon v. Hatfield, 4 Mass. 123 (1808). 59. But when manumitted, they could ac- quire a settlement in their own right. Ib. 60. After manumission, a slave retained the settlement of his master until another was gained. Dighton v. Freetown , 4 Mass. 539 (1808). 61. A slave, as the personal property of his master, became upon his master’s decease the property of his master’s executor or adminis- trator, and acquired the settlement of such executor, &c. Ib. 62. But if one purchased the use of a slave from his owner, the slave did not acquire the settlement of the hirer, although he lived ten years in his service. Stockbridge v. West Stock- bridge, 12 Mass. 399 (1815). 63. Children born free of slave parents de- rived no settlement either from their parents or the masters of their parents. Andover v. Canton, 13 Mass. 547 (1816). Lanesborough v. Westfield, 16 Mass. 74 (1819). 64. Where, before the revolution, the pos- session of a slave had been transferred to a grandchild of the owner, the declarations of the parties to such transfer at the time were held to be part of the res gestae, and so admis- sible evidence in a suit respecting the slave. Milford v. Bellingham, 16 Mass. 108 (1819). 65. Although the mother of a child born in Massachusetts in 1772 was then a slave, and her settlement followed that of her mas- ter. yet the child was born free, and derived no settlement from her mother. A slave could not communicate a settlement. Ed- gartown v. Tisbury, 10 Cush. 408 (1852). (c) By living on a Freehold Estate, &c. Sts. 1789, c. 14; 1793, c. 34; 1821, c. 94. Rev. Sts. c. 45, § 1 ; Gen. Sts. c. 69, § 1, Fourth clause. 66. A citizen of the United States, living three years in any town within this state, on land conveyed to him by a warranty deed, gains a settlement in such town, although his grantor had in fact no title to the land. Boyls- ton v. Clinton , 1 Gray, 619 (1854). 67. It is not necessary to prove that the deed was recorded, under which land was held, in order to establish a settlement under Sts. 1789, c. 14, § 1, and 1793, c. 34. Bel- cheitown v. Dudley, 6 Allen, 477 (1863). 68. One may gain a settlement by reason of an estate of which he appears by record and possession to be the lawful owner, although his title may be defeasible. Conway v. Deer- field, 11 Mass. 327 (1814). 69. In order to gain a settlement in a town by having an estate of freehold or inheritance therein, it is sufficient if the person is seised by an apparently good title, and no present right of entry is outstanding in any other per- son. Brewster Dennis, 21 Pick. 233 (1838). 70. Thus, where one having bargained ver- bally for a piece of land and paid therefor, en- tered upon and occupied it for twenty years, without having ever received a deed or any other writing respecting it from the original owner; it was held, that, at the expiration of that period of time, he had gained an estate of freehold within the meaning of the statute. Ib. 71. A person does not gain a settlement by living upon land three years successively as the tenant of one who has a life estate there- in ; although such person is entitled to come into possession of the land on the termination of such life estate. The statutes refer to such an estate as a person has a right to occupy, and not to an estate in expectancy, where there is a preceding estate of freehold in some other person. Ipswich v. Topsfield, 5 Met. 350 (1842). 72. It was held, under St. 1789, c. 14, that one might gain a settlement by virtue of being seised of a freehold estate in right of his wife. Windham v. Portland, 4 Mass. 384 (1808). 73. One who has an estate as tenant by the curtesy initiate in land held by his wife to her sole and separate use, under St. 1845, c. 208, does not gain a settlement by living thereon three years successively. Leverett v. Deerfield, 6 Allen, 431 (1863). 74. A husband who for three years succes- sively occupies land assigned to his wife as dower, obtains a settlement by virtue thereof. Canton v. Dorchester, 8 Cush. 525 (1851). But see Leverett v. Deerfield, 6 Allen, 431. 75. A person under guardianship as a spendthrift gained a settlement by living three years successively on an estate of inheritance or freehold, purchased with his money and conveyed by deed to him, although it was pur- chased by his guardian without the sanction of the probate court. Hopkinton v. Upton , 3 Met. 165 (1841). 76. An estate of freehold or inheritance in trust may give a settlement to the cestui que trusU Orleans v. Chatham, 2 Pick. 29 (1823). DIGEST OF DECISIONS. 77 Scituate v. Hanover , 1G Pick. 222 (1834). Randolph v. Norton , 16 Gray, (I860). 77. A person occupying an estate in a town for three years, having a bond for a deed thereof, with permission granted in said bond to take the rents and profits to his own use, gains a settlement, by reason thereof, in such town. Randolph v. Norton , 16 Gray, (1860). 78. The occupation of an estate of free- hold by the grantor, after a conveyance thereof which is fraudulent and void as against creditors, is not sufficient to give him a settle- ment, although he has a bond for reconvey- ance from the grantee. Canton v. Dorchester , 8 Cush. 525 (1851). 79. A mortgagor, occupying the mortgaged estate by leave of a lessee for years of the mortgagee, who has entered for condition broken, has no estate of inheritance or free- hold in the premises, and cannot, by such oc- cupation, acquire a settlement in the fourth method. Oakham v. Rutland, 4 Cush. 172 (1849). 80. A settlement may be acquired by own- ing an estate of freehold or inheritance, and residing thereon for three years successively, although the land be under mortgage, during the whole time, for its full value. Mount Washington v. Clarksburgh , 19 Pick. 294 (1837). 81. A settlement may be acquired in a town by a residence in a part thereof which is within the actual jurisdiction of the Common- wealth, although within the rightful jurisdic- tion of another state, which afterwards obtains the actual jurisdiction, on the establishment of the boundary line. Somerset v. Rehoboth, 6 Cush. 320 (1850). 82. A settlement in a town is not acquired by living undisturbed thirteen years in a house built by mistake upon the land of an- other, adjacent to land of the bjuilder, under Rev. Sts. c. 45, (Gen. Sts. c. 69,) § 1, cl. 4, which provide that a settlement may be gained in a town by having an estate of inheritance or freehold therein, and living on the same three years successively. Wellfleet v. Truro, 5 Allen, 137 (1862). 83. A person does not acquire a settlement in a town under Rev. Sts. c. 45, (Gen. Sts. c. 69,) § 1, cl. 4, by living therein undisturbed for three years in a house built by mistake upon the land of another, adjacent to his own land, and having outbuildings upon his own land. Wellfleet v. Truro , 9 Allen, 137 (1864). 84. In gaining a settlement by taking the profits for three years of an estate in dower, the time in which they are taken between the assignment of the dower by commissioners, and the ratification thereof by the judge of probate, is to be reckoned as a part of the I three years. Mansfield v. Pembroke , 5 Pick. 449 (1827). 85. When a person having an estate in freehold leased the land for a year in satisfac- tion of an execution, he was considered, with reference to the gaining of a settlement, as taking the rents and profits during the year. lb. 86. In order to give a citizen of the United States, twenty-one years of age, a settlement under St. 1793, c. 34, § 2, cl. 4, by having a freehold “ of the clear yearly income of three pounds, and taking the rents and profits thereof three years successively,” it is not necessary that he should have actually taken and re- ceived that sum yearly free of all charges. Pelham v. Middleborough , 4 Gray, 57 (1855). 87. If one who had an estate yielding an income of the requisite amount to give him a settlement, mortgaged the estate to secure a sum, the interest of which, being deducted from the annual income, reduced the income below the required amount, he could gain no settlement, under St. 1793, c. 34, § 2, cl. 4, by reason of the estate. Groton v. Boxborough , 6 Mass. 50 (1809). Conway v. Deerfield , 11 Mass. 327 (1814). 88. To gain a settlement in the fourth method described in St. 1793, c. 34, § 2, a citizen must dwell in the town the same three years jfchat he held therein an estate of the prescribed value. Boston v. Wells, 14 Mass. 384 (1817). (d) By having an Estate, &c. and being assessed therefor. St. 1793, c. 34, § 2 ; Rev. Sts. c. 45, § 1 ; Gen. Sts. c. 69, § 1, Fifth clause. 89. A person cannot gain a settlement in a town under the fifth mode in St. 1793, c. 34, (Rev. Sts. c. 45, § 1 ; Gen. Sts. c. 69, § 1,) unless for five successive years his estate shall have been introduced into the valuation of estates made by the assessors, and shall have been valued, the principal at £ 60, (now $200,) or the interest at £3 12s., (now $ 12,) and he shall have been actually assessed for the same ; it not being sufficient that he has had estate liable to taxation in the town, and was able to pay taxes, for that period of time. Monson v. Chester, 22 Pick. 385 (1839). 90. The several requisites prescribed for gaining a settlement in the fifth mode are in- dispensable, and if either of them is omitted, it is fatal to the acquirement of a settlemen.. Morton, J. Ib. 390. 91. A settlement is gained in the fifth mode prescribed in the statute by possession of an estate valued at two hundred dollars, and being assessed for the same five years successively, whether the taxes so assessed be paid or not. Westbrook v. Gorham, 15 Mass. 160 (1818). 92. One holding an estate of the requisite 78 DIGEST OF DECISIONS. value under a lease for four years, and after- wards a year by sufferance, and being assessed therefor for the five years, does not thereby acquire a settlement. Templeton v. Sterling, 15 Mass. 253 (1818). 93. The provision that a person shall gain a settlement in a town by “ having an estate, the principal of which shall be set at $200, or the income at $12, in the valuation of estates, and being assessed for the same for the space of five years successively,” applies to personal estate as well as to real. Boston v. Dedham, 4 Met. 178 (1842). 94. A citizen cannot acquire a settlement in the town in which he dwells and has his home, by having an estate therein of the re- quired value, as tenant at sufferance or tenant at will, and being assessed therefor for five successive years. Southbridge v. Warren, 11 Cush. 292 (1853). Dover v. Brighton, 2 Gray, 482 (1854). 95. The person must reside in the town the whole of the five years for which he is as- sessed ; in other words, he must reside there five full years, commencing on the first of May. Southborough v. Marlborough , 24 Pick. 166 (1833). 96. Proof that a citizen, in the town in which he dwelt and had his home, occupied and was assessed five successive yeq,rs for real estate of sufficient value, not owned by him, but of which he had a lease by indenture for one of those years, is not sufficient evi- dence of his having acquired a settlement in that town, in the fifth mode in St. 1793, c. 34, and Rev. Sts. c. 45, (Gen. Sts. c. 69,) to ex- empt another town in which he had previ- ously had his settlement, from liability for his support. Dover v. Brighton, 2 Gray, 482 (1854). 97. Proof that a citizen, in the town in which he dwelt and had his home, was as- sessed five successive years for estate, real and personal, of which he was “possessed on the first day of May,” the income of which was set by the assessors at not less than twelve dollars, and that he had an estate in fee in said real estate during the last two of said years, does not raise a presumption that he had so much as an estate for years in the real estate during any of the other years, and is not therefore such evidence of his having ac- quired a settlement in that town, under St. 1793, c. 34, § 2, or Rev. Sts. c. 45, (Gen. Sts. c. 69,) § 1, cl. 5, as will exempt another town, in which his father had a settlement, from li- ability for his support. Boylston v. Groton , 4 Gray, 282 (1855). 98. When it is shown, in a suit against a town for the support of a pauper, that his per- sonal property was set, in the valuation of the estates of the town, at the required sum, and that he was assessed for the same for five successive years, such town cannot avail itself of the objection that there was not, in the valuation, any such schedule or description of the property as is directed by statute. Bos - ton v. Dedham, 4 Met. 178 (1842). (e) By serving as a Town Officer, or being an Ordained Minister. St. 1793, c. 34, § 2; Rev. Sts. c. 45, § 1 ; Gen. Sts. c. 69, § 1, Sixth and Seventh clauses. 99. To gain a settlement in the sixth mode in St. 1793, c. 34, (Gen. Sts. c. 69,) a person must dwell in a town the whole year in which he serves as a town officer. Barre v. Green- wich, 1 Pick. 129 (1822). 100. If a person chosen into the office of constable is compulsorily removed from the town within the year, as by being committed to prison in another town, so that he is not able to discharge the duties of his office, he gains no settlement by virtue of such choice. Paris x. Hiram, 12 Mass. 262 (1815). 101. The year intended by the statute in that case is a municipal year, or from one election to another. Ib. 102. A collector of taxes for a school dis- trict is a collector of taxes for the purpose of gaining a settlement in a town. Belgrade v. Sidney, 15 Mass. 523 (1819). 103. Where a minister, who has been reg- ularly ordained in one town, is afterwards settled in another, as a pastor, with the full character, rights and duties of a pastor, but without any new ordination or ceremony of induction, he will by such settlement as a minister, acquire a settlement as a pauper in the latter town ; and it is immaterial whether or not he was settled under an engage- ment for a limited time, as for a year. Bel- lingham v. West Boylston, 4 Cush. 553 (1849). 104. By the present usages of the Baptist denomination, a minister can only be settled by the concurrent act of the church and soci- ety. The act of the society, however, need not appear by a formal recorded vote ; but if the church has formally voted to settle the minister, the concurrence of the society may be shown by records recognizing him as fill- ing that place, coupled with proof that he actually performed the duties thereof. Lei- cester v. Fitchburg, 7 Allen, 90 (1863). (f) By Incorporation or Division of Towns. St. 1793, c. 34; Rev. Sts. c. 34; Gen. Sts. c. 69, Ninth and Tenth Clauses. 105. When an old town is divided into two towns, all the inhabitants at the time of the incorporation having settlements there become settled in the towns, respectively, within the DIGEST OF DECISIONS. 79 limits of which they lived at the time of the incorporation. West Springfield v. Granville, 4 Mass. 48G (1808). Westport v. Dartmouth, 10 Mass. 342 (1813). 10G. An inhabitant of a town, living in a part of it which, by an act of incorporation, is formed into a new town, and not having a set- tlement in the old town, gains none by such incorporation. West Springfield v . Granville, 4 Mass. 48G (1808). 107. When part of an existing town is de- tached and annexed to another existing town, the inhabitants of such part, having a settle- ment in the town from which they are detached, acquire by such annexation a settlement in the town to which they are annexed. Groton v. Shirley, 7 Mass. L5G (1810). 108. Where a part of a town was incorpo- rated as a new town, a pauper having a pre- vious settlement in the old town, and -whose place of residence at the time of the incor- poration could not be ascertained, was held to be chargeable to the old town. Westport v. Dartmouth, 10 Mass. 341 (1813). 109. Before St. 1793, c. 34, (Gen. Sts. c. 69,) when a new town was formed of part of an existing one, the settlement of persons absent at the time of the incorporation of the new town continued in the old town, though their former dwelling was in that part of which such new town was formed. Windhamv . Portland, 4 Mass. 384 (1808). Bath v. Bowdoin, lb. 452. 110. When an unincorporated place is made a town by incorporation, the inhabitants gain a settlement therein, and of course lose any former settlement they may have had. Bath v. Bowdoin, 4 Mass. 452 (1808). Buckfield v. Gorham , 6 Mass. 445 (1810). 111. Before the passage of St. 1793, c. 34, (Gen. Sts. c. 69,) a citizen who dwelt and had his home in an unincorporated place, when it was incorporated into a district or town, gained a legal settlement in the district or town, by force of the act of incorporation ; that statute having merely affirmed, in this particular, a preexisting rule of law. Sutton y. Orange , 6 Met. 484 (1843). 112. Where parts of different towns, together with unincorporated territory, are incorpora- ted into a district, a citizen dwelling and hav- ing his home in such unincorporated territory, gains a legal settlement in such district, by force of the act of incorporation, in the same manner as if such district had been wholly composed of territory previously unincorpo- rated. Ib. 113. A pauper whose settlement in a town was acquired in a part which was afterwards incorporated into a new town, but whose home at the time of the division was in the other part, was held not to have a settlement in the new town. Sutton v. Dana, 4 Pick. 117 (1826). 114. Incorporating a district into a town made no alteration in regard to the settlement of persons residing in the territory. Walpole v. llopkinton, 4 Pick. 357 (1826). 115. Under St. 1794, c. 34, (Gen. Sts. c. 69,) upon the division of a town, a person having a legal settlement therein, but not re- siding therein at the time of such division, acquired a settlement in that town in which his last dwelling-place in the original town happened to fall upon such division. Lexing- ton v. Burlington, 19 Pick. 426 (1837). 116. But where a special statute set off an individual, with his family and real estate, from one town, and annexed them to another, it was held, that the settlement in the former town of anot her person, not then residing therein, but whose last residence therein was upon the land set off', was not transferred to the town to which such land was annexed. Ib. 117. Where a new town, A., was incorpo- rated out of part of an old town, B., and the act of incorporation provided that A. should pay to B. a sum of money as a consideration for being exempted from any expense on ac- count of paupers belonging to B. previous to the incorporation, except such as might there- after be returned as paupers from some other town, who were born in or formerly were in- habitants of that part of B. which constituted A. ; it was held, that the paupers returned to B. not born in A. for whose support A. must pay, were those who, when they removed to other towns, removed from the part of B. forming A., and not such as might have once lived in that part of B., not having been born there, but before they dwelt in another town, removed to and lived in the other part of B., and removed thence to other towns. Salem v. Hamilton , 4 Mass. 676 (1808). 118. A pauper had a derivative settlement in a part of the town of A. which was annexed to the town of B. ; but being of age, and out of the Commonwealth at the time of such an- nexation, his settlement continued in A. Afterwards the town of C. was incorporated, and contained within its limits the tract of land in right of which the settlement was held. In the act incorporating C., it was pro- vided that persons who had gained a settle- ment in the part of B. which by the act was made a part of C., and who should thereafter need support, should be supported by C. This latter town was held liable for the sup- port of the pauper. Great Barrington v. Lancaster , 14 Mass. 253 (1817). 119. One cannot affect his settlement by removing from one part to another part of the same town. Therefore, where, upon the incorporation of a new town from parts of several old ones, it was provided by the act of incorporation that the new town should be 80 DIGEST OF DECISIONS. held to support such paupers as had gained a settlement in any of those parts of the old towns which formed the new one ; it was held, that the new town was not liable for the sup- port of paupers who derived their settlement from an ancestor who lived in a part of one of the old towns forming the new one, but who had before acquired a settlement by resi- dence in another part of the same old town. Princeton v. West Boylston , 15 Mass. 257 (1818). 120. The act incorporating the town of A. from part of the town of B., provided that A. should receive and support four tenths of the poor persons then chargeable to B. D. S., one of the said poor persons, whose settle- ment in B. was not derived from his residence on that part of its territory which was formed into A., was, with his wife and children, as- signed to and received and supported by A., in accordance with an agreement made between the two towns pursuant to said act. It was held, that D. S. did not thereby acquire a settlement in A. ; and that his children, born after the agreement, were not chargeable to that town. West Boylston v. Boylston , 15 Mass. 2G1 (1818). 121. Where a new town was created of parts of several towns, and it was provided that the new town should support all such persons as before had been, then were, or thereafter might be, inhabitants of those parts of the former towns then incorporated into such new town, and were or might become chargeable, and who had not a settlement elsewhere ; it was held, that the new town was not chargeable with the support of pau- pers who, at the time of the incorporation* were supported by one of the old towns upon the territory forming part of the new town, but whose settlement was derived from own- ing and occupying real estate in another part of the old town. Southbridge v. Charlton , 15 Mass. 218 (1818). 122. The agreement of towns cannot affect the settlement of their inhabitants. There- fore, where a part of a town was about to be incorporated into a new town, and it was agreed that those who should afterwards become chargeable as paupers, should be supported by the town from whose territory they derived their settlement, it was held, that the old town was still liable to others for the support of one whose settlement was derived from the territory composing the new town, but who was not an inhabitant at the time of the incorporation. Westborough v. Franklin , 15 Mass. 251 (1818). 123. On the separation of East Sudbury ' from Sudbury, an agreement was made between the two towns “ that all paupers who had gained a settlement in the old town before the division should be supported in the town in which they gained their habitancy.” It was held, that a pauper who was born within the limits of East Sudbury had not acquired a new settlement by changing his residence within the town to the territory which re- mained in the old town on the separation. Sudbury v. Fast Sudbury , cited 15 Mass. 260 (1815). 121. By an act incorporating a town from part of an old one, it was provided that the two towns •should bear their proportionable part of the expense of supporting the poor that were at that time relieved by the elder town. Afterwards the two towns made an agree- ment that if any person should thereafter be returned as a pauper, having a right to a support from the elder town, the new town should be bound to support him, if his last residence had been in that territory which constituted the new town. It was held, that the agreement was not binding on the new town, and it was not obliged to support a pau- per so situated. Norton v. Mansfield, 16 Mass. 48 (1819). 125. In an act incorporating a town, which provided that certain remonstrants against the incorporation, who lived within the limits of the new town, should remain with their fami- lies to the old town, upon their leaving their names in the secretary’s office within two years, it was held, that the privilege thus granted was personal to the remonstrants, and did not remain to their descendants. Dil- lingham v. Burgis, 16 Mass. 58 (1819). 126. A new town was formed of parts of sev- eral old towns. Sundry inhabitants within the limits of the new town were, with their estates and the heirs and assigns of such estates, to re- main to the towns to which they had before belonged; but were authorized at their pleas- ure afterwards to transfer themselves and their estates to the new town. A., an inhab- itant thus situated, sold his estate to B., and removed elsewhere. B. afterwards availed himself of the privilege, and became with the estate he had so purchased, a part of the new town. It was held, that the settlement of A. was not thereby affected. Lancaster v. Sut- ton, 16 Mass. 112 (1819). 127. A person having a settlement on the part of Bridgewater •which remains Bridge- water, removed into the part which is now East Bridgewater, and would have gained a settlement there by owning a freehold, if that part had then been a separate town. It was held, that his settlement was still in Bridge- water, under St. 1823, c. 31, incorporating East Bridgewater, which provides that all persons who may hereafter become charge- able as paupers to Bridgewater or East Bridgewater, shall be considered as belonging DIGEST OF DECISIONS 81 to that town on the territory of which they had their settlement at the time of passing the act. East Bridgewater v. Bridgewater , 2 Pick. 572 (1824). S qq Bridgewater x . West Bridgewater , 9 Pick. 55. 128. By St. 1819, c. 147, by which a part of the town of P. was incorporated as a new town by the name of H., it is enacted that “the poor now supported by the town of P., and all such who may hereafter be returned for support in virtue of having acquired a settle- ment in said town, shall be supported in the town of P. or H., as they shall have acquired their settlement within the territorial limits of either town as described in this act.” It was held, that this provision did not apply to a person not then a pauper, who had then ac- quired a settlement in the territory set off as the town of P., but whose dwelling-place was within the territory set off as the town of H., but that such person, upon the incorpora- tion of H., acquired a settlement in that town. Hanson v. Pembroke , 16 Pick. 197 (1834). 129. An act incorporating a part of a town into a separate town, provided that any per- son who might have gained an habitancy within the part thus incorporated, and who should thereafter need to be supported as a poor person, should be supported by the new town. Held , that a pauper who had gained a settlement on that part of the territory which continued to be the old town, but had removed into the other part before it was in- corporated as the new town, retained his set- tlement in the old town. New Braintreex. Boylston , 24 Pick. 164 (1833). 130. Parts of different towns formed into a new town, with a provision that the new town should support all the poor who had their legal settlement in either of the towns from which it was formed, and who had re- moved therefrom, and whose dwelling-place or home was, before such removal, within the limits of the new town. Held, that this provision did not include those poor who had removed from the limits of the new town into another part of the same old town, and from thence into another town; but included those only whose last dwelling-place or home, pre- vious to such removal, was within the limits of the new town. Sutton v. Dana, 1 Met. 383 (1840). 131. Parts of different towns were formed into a district, by an act of incorporation which contained a provision that the inhabi- tants of the district should “ provide for the support of all the poor who were inhabitants within the district before the passing of the act, and shall be brought back for maintenance hereafter.” Held, that the act was limited to those individuals who were before inhabitants | within the district, and might be brought back, and did not include their descendants. Har- vard v. Boxborough, 4 Met. 570 (1842). 132. St. 1842, c. 5, annexing parts of two other towns to the town of Dana, having pro- vided that if persons who had theretofore gained a legal settlement in said annexed territory, should come to want and stand in need of relief and support, they should be relieved and supported by said town of Dana, in the same manner as if they had gained a settlement in that town ; it was held, that the town of Dana was bound to support, from the time the statute was passed, the persons who had gained or derived, in the way mentioned in said section, a legal settlement in said annexed territory, and who might stand in need of relief since the statute was passed, though they had come to want and been relieved as paupers before it was passed. Dana v. Hardwick, 10 Met. 208 (1845). 133. The third section of St. 1811, c. 133, for dividing the town of Rehoboth, and es- tablishing the town of Seekonk, which pro- vided that one half of the paupers for which the town of Rehoboth was chargeable, includ- ing such as had removed therefrom, if law- fully returned there for support, should be delivered over to the overseers of the poor of the new town, to be there supported, did not change, as to the settlement of the paupers referred to in such act, the general law relating to the settlement of the inhabitants of a town, upon a division thereof. West- borough v. Rehoboth, 4 Cush. 185 (1849). 134. The incorporation of the town of Essex from a part of the town of Ipswich, does not exempt the latter town from the support of a pauper who had a settlement in Ipswich at that time, and resided in that part of the town which continued to be Ipswich. Salem v. Ipswich, 10 Cush. 517 (1852). 135. Under St. 1850, c. 62, which divides the town of Bradford, and incorporates a portion thereof into the new town of Grove- land, and which provides that “the paupers now supported by the town of Bradford, and all such as may hereafter require support, in virtue of having acquired a settlement in said town, shall be supported by the town within the territorial limits of which they may have acquired a settlement,” the inhabitants of Groveland are bound to support all paupers who have a settlement within the territorial limits of that town, whether such settlement is derivative, or has been acquired by their own act. North Andover v. Groveland, 1 Allen, 75 (1861). 135 a. When an act incorporating part of a town and constituting it a new town provides that all the debts due to or from the original 11 82 DIGEST OF DECISIONS. town shall be divided between the two towns, in proportion to the state valuation, and that the poor, with which the original town was then chargeable, together with those then re- moved therefrom and afterwards returning for support, shall be divided in the same propor- tion, — the legal construction of such a pro- vision is, that the debts are to be paid to or by the original town, who may be compelled by the new town to pay over to it its propor- tion of debts received, and may compel such new town to reimburse its proportion of debts paid ; and that the charges of maintaining the poor, and not their persons, are to be divided, each town having a remedy against the other for a reimbursement of any excess of such charges beyond its due proportion. Brewster v. Harwich , 4 Mass. 278 (1808). 135 b. Such a provision does not affect the settlement of any of the inhabitants of either of the towns. Ib. (g) By Residence and paying Taxes. St. 1793, c. 34, § 2 ; Rev. Sts. c. 45, § 1 ; Gen. Sts. c. .69, § 1, Twelfth clause. 136. A citizen, having taxable property, and being able to pay the taxes assessed upon him, gains a settlement in a town by dwelling there for ten years together, and half that time paying state and town taxes, although he is omitted in the county tax. Wrentham v. Attleborough , 5 Mass. 430 (1809). 136a. In order to gain a settlement under the twelfth clause, a person must have resided in the town ten years together, and if he has been absent for three months during the term, with the intention not to return, he does not gain a settlement. Billerica v. Chelmsford , 10 Mass. 394 (1813). 137. One residing in a town more than ten years, paying taxes for more than five of them for a small piece of land, which the owner of it permitted him to occupy at a small rent for one year, and which he con- tinued to occupy for the other years without any express contract, being too poor to pay the rent in full, was held to have acquired a settlement in the town. Sudbury v. Stow , 13 Mass. 462 (1816). 138. A person having removed to this state from Vermont, resided in a town in this state for ten years, and paid taxes there during more than five of those years. It was held, that he acquired a settlement in such town, although he left his wife and children upon his farm in Vermont, and occasionally visited them there, and once remained there with them five or six months, during the ten years. Cambridge v. Charlestown , 13 Mass. 601 (1816). 139. The payment of highway taxes for five years, by labor, with the requisite resi- dence of ten years, gave a settlement under St. 1793, c. 34, no other taxes being assessed upon the person during those years. Andover v. Chelmsford , 16 Mass. 236 (1819). 140. A citizen dwelling in a town ten years, and having taxable property five of those years, does not gain a settlement in the twelfth mode mentioned in St. 1793, c. 34, (Gen. Sts. c. 69,) if the assessors, for a sufficient reason, omit to tax him. Reading v. Tewksbury , 2 Pick. 535 (1824). 141. Where a person lived in a town nine years and four months, and then absconded and never returned, but his wife remained there eight months longer, it was held, that he had not resided there ten years actually or constructively, and so had not gained a settle- ment in the twelfth mode in St. 1793, c. 34. Athol v. Watertown, 7 Pick. 42 (1828). 142. Labor performed by an individual in repairing highways to the amount of a high- way tax irregularly and informally assessed upon him, would have no effect towards giv- ing him a settlement. Southampton v. East - hampton , 8 Pick. 380 (1829). 143. Where the assessors assessed more than five per cent over and above the sum committed to them to assess, it was held, that the tax was not “ duly assessed,” within the meaning of the statute relative to gaining a settlement. Charlemont v. Conway , 8 Pick. 408 (1829). 144. But the town cannot setup this defect, to defeat a settlement, where so long a time has elapsed since the payment of the tax that no claim for reimbursement could be sus- tained. Ib. 145. On the question between two towns whether a pauper has acquired a settlement in one of them by a residence there of ten years and payment of all taxes for any five years within that period, the fact that a highway tax assessed on him one year was not includ- ed in his tax bill of the ensuing year, raises a presumption that it was paid ; but this pre- sumption may be rebutted by evidence to the contrary. Attleborough v. Middleborough, 10 Pick. 378 (1830). 146. The burden of proof as to the fact of payment of such highway tax is upon the party alleging that a settlement was acquired in the mode above mentioned, lb. 147. In order to gain a settlement in a town under the twelfth mode prescribed by St. 1793, c. 34, § 2, (Gen. Sts. c. 69, § 1,) a person must pay all the taxes duly assessed upon him for five out of the ten years of his residence in such town; and it is not sufficient if he pays a part only of such taxes, and is dis- charged from the payment of the residue by a DIGEST OF DECISIONS. 8:3 St. 1793, c. 34, § 2, (Gen. Sts. c. G9, § 1,) viz : residing in a town ten years together and pay- ing taxes five of them. Robbins v. Townsend , 20 Pick. 345 (1838). 148. Thq mere neglect of the officers of a town to enforce the payment of a tax which might by due diligence have been collected, will not have the same operation as an actual payment, towards giving the person assessed a settlement in the twelfth mode prescribed by Taunton v. Middleborouqh, 12 Met. 35 (1846). 149. A person, although he has no settle- ment within the Commonwealth, does not acquire a settlement in a town by residing there ten years together, and paying taxes for five of those years, if he receives aid as a pauper, from such town, before the expiration of the ten years. West Newbury v. Bradford , 3 Met. 428 (1841). And see post , 160-171. 150. Or if he is supplied by the town in which he has a settlement, with money to aid him in supporting his helpless children, vote of the town. Shrewsbury v. Salem , 19 Pick. 389 (1837). 151. A person does not acquire a settlement by residing in a town for ten years together and paying all taxes assessed upon him for five years within that time, if during that time the town has paid for his support while con- fined in its workhouse, on conviction for a criminal offence. Worcester v. Auburn , 4 Allen, 574 (1862). See post , 160-171. 152. A person does not gain a settlement by residing in a town for ten years together, and possessing real and personal estate, if the assessors omit to tax him ; though such omis- sion is not on account of his infirmity or poverty, or by mistake, but in order to prevent his acquiring a settlement; evidence, there- fore, that a person, who has resided in a town ten years together, possessed such estate, and that the assessors thus omitted to tax him, is not admissible in proof of his having gained a settlement in such a town. Berlin v. Bolton , 10 Met. 115 (1845). 153. In an action brought by one town against another for the support of a pauper and his family, evidence that the pauper left his former home and came to the defendant town with the intention of removing his family there as soon as practicable, that he boarded and worked there for ten years, and paid taxes there five years of the ten, and that, a year after he came, his family removed there, and continued to re- side with him for the rest of the ten years, after which they all removed to the plaintiff town, is sufficient to warrant a finding by the jury that the pauper had gained a settlement for himself and family in the defendant town. Fitchburg v. Wincheridon, 4 Cush. 190(1849). 154. In order to prove a settlement in the twelfth mode provided by statute, by a resi- dence and the payment of taxes in the town where the settlement was alleged to be, an original document preserved amongst the re- cords of the town, and purporting to be an assessment of taxes for the year 1798, was produced in evidence, from which it appeared that taxes to the amount of #3.03 were as- sessed in that year upon the individual in question for his poll and estate; and it also appeared in evidence that the entry of these taxes on the bill of assessment had been eras- ed by having a line drawn through it, and that the collector for the year 1798 had been al- lowed a credit with the treasurer of the town for a discount of said taxes ; it was held, that whether the production of the bill of 'assess- ment raised any presumption of the payment of the taxes so assessed or not, the circum- stances stated above were competent evidence to prove that the taxes in question were not in fact paid. Boston v. Weymouth. 4, Cush. 538 (1849). 155. The assessment of a tax on real estate to the occupant, and the payment of the same by him, not as of his own estate, but in right of another, are a sufficient assessment and payment of a tax, within the twelfth mode provided by statute, for acquiring a settle- ment as a pauper in the town where the occu- pant resides. Randolph v. Easton , 4 Cush. 557 (1849). 156. Insanity, incurring after a person has become an inhabitant of a town, will not pre- vent his acquiring a settlement by living therein ten years consecutively. Chicopee v. Whately , 6 Allen, 508 (1863). 157. The rule that a domicil once acquired is presumed to continue until a subsequent change is shown, applies to cases of settle- ment. lb. 158. Absence from a town, without a defi- nite purpose at all events to return to it as a home, will not interrupt the residence requisite to a settlement under the twelfth clause, until a new domicil is acquired elsewhere. Worcester v. Wilbraham, 13 Gray, 586 (1859). 159. A citizen of this state resided in Lenox with his family from May, 1823, till the summer of 1828, when he left Lenox for a temporary purpose and remained absent, with- out any intention of changing his residence, until the latter part of May, 1829, when he returned, and thereafter resided in Lenox until May, 1838, paying taxes assessed upon him therein yearly from 1831 to 1838. His wife and children had been left by him in Lenox during his absence, but before his return removed therefrom without his consent or knowledge. Held , that he gained a settle- ment in Lenox in the twelfth mode. Lee v. Lenox , 16 Gray, (1860). DIGEST OF DECISIONS b4 (h) How prevented by being relieved as a Pauper. 160. A person does not acquire a settlement in a town by residing therein for ten years and paying taxes during five of those years, if before the expiration of the ten years he became poor, and was relieved by the over- seers of the poor of the town of his former settlement. East Sudbury v. Waltham , 13 Mass. 460 (1816). 161. A person does not acquire a legal settlement by residing in a town ten years together and paying taxes for any five of those ten years, if within that time he is com- mitted to jail, and while there applies for and receives relief as a pauper from the jailer. East Sudbury v. Sudbury, 12 Pick. 1 (1831). 162. Where one resided in a town for ten years together, and paid all taxes assessed upon him for five of those years, it was held, that he acquired a settlement therein, not- withstanding his wife was, at the same time, receiving support as a pauper from another town in which she resided, it not appearing that she was so supported at his request or with his knowledge, or that he w r as ever applied to for payment of the expenses thereof, or that he was unable to pay them. Berkeley v. Taunton , 19 Pick. 480 (1837). 163. A person will not acquire a settlement by living three years successively on land in which he has an estate of freehold or inheri- tance, if in the course of that period he receive relief as a pauper. Breuster v. Dennis , 21 Pick. 233 (1838). Oakham v. Sutton , 13 Met. 192 1847). 164. A person could not acquire a settle- ment in a town by a residence of ten years therein and paying taxes five years of the ten, if during that time he applied to the overseers of the town for aid, and they supplied his wants, although he afterwards paid for the supplies, and although he had no settlement in the Commonwealth. West Newbury v. Bradford, 3 Met. 428 (1841), overruling on this point Mount Washingtonx . Clarksburgh , 19 Pick. 294 (1837). 165. A parent does not gain a settlement in a town by residing therein ten years to- gether, and paying all taxes assessed on him for five of those years, if, during such resi- dence, he is supplied by the town in which he has a settlement, with money to aid him in supporting his helpless children. Taunton v. Middleborough, 12 Met. 35 (1846). 166. A person who has a settlement within the Commonwealth does not acquire a new settlement by residing in a town ten years to- gether, and paying taxes for five of those years, if his wife is committed to a state luna- tic hospital upon his complaint or by his con- sent, and receives aid from the Common- wealth as a state pauper, before the expiration of the ten years. Charlestown v. Groveland, 15 Gray, (1860). 167. A citizen of the United States, not having a settlement within the Commonwealth, does not gain a settlement in a town by hav- ing a freehold estate therein, and living on such estate three years successively, if before the expiration of the three years his wife is committed to a state lunatic hospital, and is there supported by the Commonwealth as a pauper, although he did not request or consent toiler commitment, if he knew of such commit- ment. Woodward v. Worcester, 15 Gray, (1860). 168. Support granted to a person as a pau- per by the overseers of the poor of the town in which he has a settlement, will prevent his acquiring a settlement in another town in which he resides, although the act of the over- seers, in granting such support, be not ratified by the town of whose poor they are over- seers. Oakham v. Sutton, 13 Met. 192 (1847). 169. A man does not obtain a settlement, under Rev. Sts. c. 45, (Gen. Sts. c. 69,) § 1, cl. 4, in a town where he owns a freehold, if before he has lived therein for three years successively he is committed to a state luna- tic hospital and there supported as a pauper; although his family continue to reside on his land for the residue of the three years. Choate v. Rochester, 13 Gray, 92 (1859). 170. A person does not acquire a settlement by residing in a town for ten years together and paying all taxes assessed upon him for five years within that time, if during that time the town has paid for his support while con- fined in its workhouse, on conviction for a criminal offence. Worcester v. Auburn , 4 Allen, 574 (1862). 171. It is the reception of needed support or aid, furnished by the public, which prevents a person from gaining a settlement, although that support may not ultimately be at the ex- pense of the public. Ib. (i) How lost when once acquired. 172. A settlement gained in another state does not annul a previous settlement in a town within this state. Canton v. Bentley, 11 Mass. 441 (1814). Wilbraham v. Stur- bridge, 6 Cush. 61 (1850). 173. A wife does not lose her settlement, derived from her husband, by means of a di- vorce, except for a cause which shows the marriage to have been void. Dalton v. Bern - ardston, 9 Mass. 201 (1812). See Middle- borough v. Rochester, 12 Mass. 363. 174. A settlement is not lost until another is gained wnthin the state ; therefore, where a pauper, having a settlement derived from his DIGEST OF DECISIONS. 85 father, removed into New Hampshire, and there had a son born, who afterwards came into this state and had children, it was held, that these children had a settlement in this state, derived from their great-grandfather. Townsend v. Billerica , 10 Mass. 411 (1813). 175. A person does not lose or gain a set- tlement by reason of his changing his domicil from one place to another in the same town. Dalton v. Hinsdale , 6 Mass. 501 (1810). Princeton v. West Boylston, 15 Mass. 200 (1818). 170. A person having a settlement in a town in Massachusetts, but living in Maine at the time of its separation from Massachusetts, did not by the separation lose her former set- tlement. Middleborough v. Clark , 2 Pick. 28 (1823). 177. Since the repeal of St. 1789, c. 14, by St. 1793, c. 34, a settlement in any town in this commonwealth is not lost by the acquisi- tion of a settlement in another state, while the St. of 1789 was in force. Wilbraham v. Sturbridge, 6 Cush. 61 (1850). 178. The rule that a domicil once acquired is presumed to continue until a subsequent change is shown, applies to cases of settle- ment. Chicopee v. Whately, 6 Allen, 508 (1863). III. Actions for supporting Paupers. (a) Against the Pauper’s Kindred. St. 1793, c. 59. Rev. Sts. c. 46. Gen. Sts. c. 70. 179. The kindred of a pauper cannot be called upon to contribute to his support ex- cept by the overseers of the poor of the town of his legal settlement or by others of his kin- dred. Salem v. Andover , 3 Mass. 436 (1807). 180. The only remedy for a town other than that wherein he is settled, which has pro- vided for a pauper, is by an action against the town where he has his settlement. Ib. 181. The terms “such poor person,” and “such pauper” in Rev. Sts. c. 46, §§ 5, 6, (Gen. Sts. c. 70, §§ 4, 5,) include all poor and indigent persons, standing in need of re- lief. Hutchings v. Thompson , 10 Cush. 238 (1852). 182. The kindred by affinity of any poor person cannot maintain a complaint under Rev. Sts. c. 46, § 6, (Gen. Sts. c. 70, § 5.) against the father of such poor person, for the expenses of his relief and support. The term “any kindred” extends only to kindred by consanguinity. Farr Flood, 11 Cush. 24 (1853). 183. The word “kindred” includes only blood relations. A husband is not of kin to his wife, nor she to him. Brookfield v. Allen, 6 Allen, 586 (1863.) 184. Upon a complaint to compel kindred of a poor person to contribute towards bis support, the superior court have power, under Gen. Sts. c. 70, § 11, to award costs, and no appeal lies from their decision. South Reading v. Hutchinson, 10 Allen, 68 (1865). (b) By Individuals against Towns. Sts. 1793, c. 59 ; 1826, c. 142 ; 1834, c. 151. Rev. Sts. c. 46. Gen. Sts. c. 70, § 16. 185. Underr St. 1793, c. 59, § 13, an action against the town of a pauper’s legal settle- ment, for supplies furnished the pauper, could not be sustained unless the plaintiff was an inhabitant of such town. Mitchell v. Cornville, 12 Mass. 332 (1815). But the provisions of this statute were changed by Rev. Sts. c. 46, § 18 (Gen. Sts. c. 70, § 16). Underwood v. Scituate, 7 Met. 214 (1843). 186. A surgeon, who has performed a difficult and necessary operation on a pauper, not resident in the town of his settlement, without the request of the overseers of the poor of such town, has no right of action therefor against such town. Miller v. Somer- set, 14 Mass. 396 (1817). 187. Nor can a surgeon recover for such services from the town where the pauper resided, the services having been performed without notice and request made to the over- seers of the poor of such town. Kittredge v. Newbury , 14 Mass. 448 (1817). 188. Where an inhabitant of a town incurs an expense for the relief of a pauper, for which the town is liable after notice and request to the overseers of such town, such notice and request need not be in writing. Watson v. Cambridge, 15 Mass. 286 (1818). 189. An action against the town for the reimbursement of such expense is not limited to two years after the notice, lb. 190. Under St. 1793, c. 59, a town in which a prison was situated was liable to the jailer for the support of a pauper confined in prison for debt, whether he had a legal settlement in any other place or not, after due applica- tion to the overseers. Cargill v. Wiscasset, 2 Mass. 547 (1807). Doggett v. Dedham, Ib. 564 (1805). 191. So where the pauper was confined for not obeying the order of the court in provid- ing for the maintenance of a bastard child, of which he had been adjudged to be the father. Say ward v. Alfred, 5 Mass. 244 (1809). 192. Otherwise, where the pauper had been committed to prison for a crime against the Commonwealth. Adams v. Wiscasset, 5 Mass. 328 (1809). 192 a. When an insane person, who is not able to pay for his own support, is confined in a house of correction, the town in which 86 DIGEST OF DECISIONS. he has a settlement is liable for his support in such house, under St. 1836, c. 223, (Gen. Sts. c. 74, § 6,) if he have no parent, master or kindred, liable by law to support him. Wat- son v. Charlestown, 5 Met. 54 (1842). 193. Under Sts. 1802, c. 22, § 2, and 1826, c. 142, the master of a house of correction, after his accounts had been allowed and cer- tified by the court of sessions, might maintain an action for the amount allowed by that court for the support of a pauper duly com- mitted to the house, against the town of the pauper’s settlement, and want of notice to the town of the claim afforded no defence to the action. Wade v. Salem, 7 Pick. 333 (1828). 193 a. The neglect of the court of sessions to establish rules to govern the persons com- mitted, to provide . materials for their em- ployment, and to keep accounts thereof, as required by St. 1802, c. 22, was no defence to an action by the master of a house of correc- tion against a town. Ib. 193 b. Where the accounts of the master of a house of correction had been allowed by the court of sessions, and one of the towns charged in them appeared by counsel and contested their allowance, the only notice to the town of the claim having been given at the court ; it was held, in an action by the master against the town, to recover the compensation allowed by the court of sessions, that the want of no- tice to the town afforded no defence to the action ; but that the record of the court of sessions was not conclusive as to the liability of the town, which could make in the action any defence to which it might be legally en- titled. lb. 194. The expense incurred on account of an infant nursing at the breast of a woman com- mitted to a house of correction may be recov- ered of the town where the house of correc- tion is situated, after notice and request, but not the expense of extra articles of food fur- nished to the mother, because of her having an infant at the breast. Watson v. Cambridge , 18 Pick. 470 (1836). 194 a. Where an alien woman, having a nursing infant, which stood in need of imme- diate relief, was committed to a jail or house of correction, it was held, that such infant was not within the provisions of any of the statutes providing for the support of convicts and persons confined on criminal prosecu- tions. Ib. 195. Under St. 1834, c. 151, § 10, author- izing keepers of houses of correction to bring actions in certain cases for the support of con- victs against the towns of the convicts’ settle- ment, a personal presentation of an account was held not to be necessary, but a letter from the keeper or some one authorized by him, to the selectmen of the town, making a j demand, was sufficient. Evidence of the au- thority of the agent should be furnished to the selectmen at the time of the demand. Bobbins v. Weston, 20 Pick. 112 (1838). 196. But a demand made under the author- ity solely of the overseers of the house of cor- rection in Boston, was held to be insufficient, al- though afterwards ratified by the board of al- dermen. Bostonv. Weston, 22 Y\ck. 211 (1839). 197. If a person agrees with a town to board a pauper for a year at the rate of a dollar a week, and the pauper dies within the year, so that the contract cannot be fulfilled, such per- son is entitled to recover, on an implied promise, for the part of the contract actually performed, but he cannot recover for the whole year. Willington v. West Boylston , 4 Pick. 101 (1826). 198. If a pauper is ill treated or insuffici- ently provided for by an individual who has agreed with the town to support him, another individual will not have a right to support him without notice to the town, so that it may re- form the abuse or make other provision for the pauper. Worden v. Leyden, 10 Pick. 24 (1830). 199. The plaintiff, beingthe guardian of a per- son whose legal settlement was in the town of L.,and who was incapable of labor, and had no property except a small pension, informed the overseers of the poor of the town of two suc- cessive years that he was running a risk, as lie was obliged to become responsible for the board of his ward, and that when he received the pension it took about one half of it to pay arrearages due for the board, and that the town must take the risk. The ward died, when all the property belonging to him had been exhausted and further expenses had been necessarily incurred by the guardian. It was held, that the ward was in need of relief, and that the plaintiff was entitled to recover of the town for the expenses incurred by him for the ward subsequently to notice and request. Fiske v. Lincoln, 19 Pick. 473 (1837). 200. As the relation of guardian and ward subsisted between the plaintiff and the pauper, the objection that the plaintiff was not obliged to relieve the pauper because the latter was not living with him but with another inhabi- tant of the town, was held to be inapplicable. lb. 201. Where the plaintiff made a contract with the father of a female child to take her into his family, and for her services to main- tain her in sickness and in health during the pleasure of the parties, and afterwards, when she had become ill, gave notice of the fact to the overseers of the poor, and requested as- sistance from the town for her support, it was held, that as he had not given the father notice of his wish to put an end to the contract, it DIGEST OF DECISIONS. 87 continued in force, and he had no right of ac- tion against the town for supporting the child. Peters v. Westborough, 20 Pick. 500 (1838). 202. Since the Rev. Sts. c. 46, § 18, a per- son, though not an inhabitant of the town where a pauper falls into distress, may recover of such town any expense necessarily incurred by him for the relief of the pauper in said town, after notice and request made to the overseers of the poor of the town, and their neglect to provide for the pauper. Underwood v. Scit- uate, 7 Met. 214 (1843). 203. A physician, an inhabitant of the town of H., immediately after attending upon a per- son in the town of S., to whom he had been called, and who had received a wound, and was proper subject of relief by that town, gave notice to one of the overseers of the poor of said town, that said person needed and would need surgical assistance, but did not wish to be considered a pauper. He also requested said overseer to inform him whether the town of S. would pay him for the services which he had rendered and which it would be neces- sary to render. The overseers of the poor of S. took no order on this notice and request, and neglected to make any provision for said person. Held, that this notice and request were sufficient to entitle the physician to re- cover from the town of S. compensation for his services in attending upon said person until he was cured. Ib. 204. The provision in the Rev. Sts. c. 46, § 18, (Gen. Sts. c. 70, § 16,) that “ every town shall be held to pay any expense which shall be necessarily incurred, for the relief of a pauper, by any person who is not liable by law for his support, after notice and request made to the overseers of the said town, and until provision shall be made by them,” ap- plies only to expense incurred in the support of a pauper found or residing in the town. Smith v. Coleraine , 9 Met. 492 (1845). 205. A. agreed with the town of C. to sup- port two of its paupers, for one year, for a certain sum, and removed them into an adjoin- ing town, where they were supported during the year at his charge in the family of their son-in-law. At the end of the year the town agreed with B. to support its paupers for one year at a certain sum. The said two paupers afterwards remained in the adjoining town, in the family of their son-in-law, who was request- ed by A. to support them, at his charge, until they should be removed to the town of C. A. also gave notice to the overseers of the town of C. that said paupers were on his hands, and requested the overseers to provide for them. No provision was made for said paupers by the overseers, and they were supported by their son-in-law at A.’s charge. Held , that the town of C. was not bound to pay to A. the expense incurred by him after the first yean for the relief of these paupers, lb. 206. In an action against a town, by one of the inhabitants thereof, to recover for the support of a pauper therein, the plaintiff cannot prevail, unless he has given to the overseers of the poor of the town the notice required by statute, and it is not enough to show that the overseers had actual knowledge that the pauper wfts at the plaintiff’s house and supported by him. Walker v. Souihbridge, 4 Cush. 199 (1849). 207. The notice and request to overseers of the poor, after which a town is made liable by the statute to an individual for expense in- curred by him in the support of a pauper, are conditions precedent to such liability. Such request must be an intelligible call on the overseers to take charge of the pauper at the expense of the town, and must be made by the individual himself claiming to recover, or by his agent or messenger. Williams v. Brain- tree, 6 Cush. 399 (1850). 208. Where the plaintiff had been rendering assistance gratuitously in the family of her married daughter for some weeks, as nurse and housekeeper, and continued her services there after all the members of the family had become ill of the small pox, and stood in need of relief as paupers, but requested another person “ to call on the overseers of the poor for more help, or a person to take care of said paupers instead of herself, for she could not stand it any longer ; ” in an action against the <* town to recover for services subsequently rendered, it was left to the jury as a question of fact, to find whether the plaintiff intended, by such message, to give notice to the over- seers that she should thereafter render her services on the credit of the town, or only that the famliy needed further assistance in addition to her services, which she should continne to render without compensation. It was held, that the plaintiff had no ground of exception to this ruling. Ib. 209. Where a state pauper, for whose sup- port provision is made in one town, volun- tarily and without any cause of complaint, leaves the place of such support and goes into another town where he is not in any need of immediate relief, and is there supported by an individual, the latter acquires no cause of ac- tion thereby against the last-mentioned town. Shearer v. Shelburne , 10 Cush. 3 (1852). 210. If the municipal authorities of a town have provided supplies for distribution among those out of the almshouse who need relief, upon orders of the overseers of the poor, and have given notice thereof to the overseers, the latter have no authority to contract debts in behalf of the town for the support of the poor; and one who, having knowledge of the facts, 88 DIGEST OF DECISIONS. furnishes supplies to persons settled in such town, upon orders of the overseers, cannot maintain an action against th e town to recover for the same. But if he furnishes supplies upon such orders to persons settled elsewhere, he may recover from the town the amount ac- tually received by it, on account of such supplies, from the towns which were liable to support the persons who were relieved there- by. Ireland v. Newbury port , 8 Allen, 73 (1864). 211. Under Gen. Sts. c. 70, § 16, an indi- vidual cannot recover of the town where a pauper has his settlement for necessary relief fnrnished to the pauper in another town, al- though the former town has made provision, which proves inadequate, for the pauper’s sup- port in the latter town. Hawes v. Hanson, 9 Allen, 134 (1864). (c) By Towns against Individuals. St. 1817, c. 186, § 5. 212. Prior to St. 1817, c. 186, a pauper was not liable to an action by the town where- in he had his lawful settlement, for any moneys paid for his relief as a pauper. Deer Isle v. Eaton , 12 Mass 327 (1815). Medford v. Learned, 16 Mass. 215 (1819). 213. St. 1817, c. 186, was repealed when the revised statutes took effect, and since the passage of the revised statutes a person relieved as a pauper, whether he has or has * not property, is not liable to an action by the town to recover compensation for such relief. Groveland v. Medford , 1 Allen, 23 (1861). 214. The only claim a town now has upon the property of a person supported as a pau- per is to take it after his death, if he was at the time of his death actually chargeable to the town. lb. See Gen. Sts. c. 70, § 21; Haynes v. Welles, 6 Pick. 462. 215. One who, being in need of immediate relief and support, has received the same from the town of his lawful settlement, is not, in the absence of fraud, liable to an action by the town therefor, although he was possessed of property at the time. Stow v. Sawyer, 3 Al- len, 515 (1862). 216. If the overseers of the poor relieve the wants of a wife whose husband has a legal settlement in another town, an action lies at the common law for the town whose overseers furnished the relief, against the husband, not- withstanding the statute remedy against the town of bis settlement. Hanover v. Turner, 14 Mass. 227 (1817). See Brookfield v. Al- len, 6 Allen, 585. 217. A town may maintain an action against an individual for supplies furnished to his wife and children, if they stood in need of support as paupers, but not otherwise. New Bedford v. Chace, 5 Gray, 28 (1855). 218. A town, which supports a wife neglected by her husband and standing in need of relief, may recover of the husband the amount nec- essary for her support as a pauper, but not for further supplies suitable to her condition in life, but not necessary for a pauper. Mon- son v. Williams, 6 Gray, 416 (1856). 219. A contract made with the brother of a female pauper by a committee appointed by a town “ to negotiate the case ” of that pauper, and signed by the committee in their own names, the terms of which are, that the brother shall pay the town a certain sum annually during the life of the pauper, and release all claim to a certain fund in the "hands of an- other relation for her support, and the town shall support her and save him harmless from all litigation with his brothers in relation to such support, which contract is afterwards acted upon by the brother and the town, is valid, and binds the town, though not ex- pressly ratified by them. Palmer v. Ferry , 6 Gray, 420 (1856). (d) By Towns against Towns. (1) When and for what the Action will lie ; and of the Pleadings, Evidence and Trial. 220. A town which voluntarily maintains a pauper having a settlement in another town, cannot recover compensation therefor of such other town, except by virtue of provisions of statute, or on an express promise. Dalton v. Hinsdale, 6 Mass. 501 (1810). 221. In an action by one town against another, under St. 1793, c. 59, § 9, the dec- laration must aver the settlement of the pauper, and notice to the defendant town within three months from the commencement of the expense. Salem v. Andover, 3 Mass. 436 (1807). Wrentham v. Attleborough, 5 Mass. 434 (1809). 222. Such action will not lie if notice has not been given to the defendant town until more than three months after the supplies have ceased to be furnished; but whether this limitation extends to the expenses of the re- moval or burial of the pauper, qucere. Bath v. Freeport, 5 Mass. 325 (1809). 223. Where notice was given of a paupers becoming chargeable in March, 1811, and again in October, 1812, and an action was com- menced in May, 1813, the defendant town was held liable only for the expenses incurred during three months preceding the last notice. Townsend v. Billerica, 10 Mass. 411 (1813). See 23 Pick. 158. 224. No action lies in behalf of another town against the town of a pauper’s settlement for any expenses incurred more than two DIGEST OF DECISIONS. 89 years before the commencement of the action. Readjitld v. Dresden , 12 Mass. 316 (1815). 225. The notice to the town of a pauper’s settlement respecting supplies furnished to the pauper by another town must have been given within two years before the commencement of an action by the latter town against the former to recover for such supplies, in order to main- tain such action, no judgment having been recovered in any former action concerning the pauper’s settlement between the same parties. Needham v. Newton , 12 Mass. 452 (1815). 226. Expenses incurred in the support of a pauper, although within three months prior to giving the notice required by the statute, can- not be recovered if they arose more than two years before the commencement of the action. Harwich v. Hallowed , 14 Mass. 184 (1817). 227. Although the same plaintiffs have, in a former action, recovered from the same de- fendants expenses incurred for the support of the same pauper. And the notice given before the former action does not make a new notice unnecessary. Hallowell v. Harwich , 14 Mass. 186 (1817). See 23 Pick. 159. 228. The limitation of two years, within which the action must be brought, should be computed from the delivery of the notice, and not from its date. Uxbridge v. Seekonk , 10 Pick. 150 (1830). 229. In an action by a town for the support of a pauper, a charge for the expense and trouble of the overseers in providing for the abode and support of the pauper cannot be recovered. Conway v. Deerfield , 11 Mass. 327 (1814). 230. A town which has supported paupers properly chargeable to another town ought to be fully indemnified for all the expense prop- erly incurred, but not for an extravagant sum, paid without notice to such other town. Southbridge v. Charlton , 15 Mass. 248 (1818). But see Gen. Sts. c. 70, § 14. 231. To entitle a town which has supported a pauper belonging to another town, to recover an indemnification, it is not necessary that the pauper be actually resident in the town at the time of giving notice to the town in which he has his legal settlement. It is sufficient that he was then supported at the expense of the town so giving the notice. Marlborough v. Rutland, 11 Mass. 483 (1814). See 12 Pick. 6 ; 1 Gray, 515. 232. When a pauper falls into distress in a place other than that of his settlement, he is to be relieved ; and it does not lie with the town of his settlement to object, in an action against them for his support, that he was able, but unwilling, to provide for himself. Paris v. Hiram , 12 Mass. 262 (1815). 233. Where an inhabitant of the town of A., after a refusal by the overseers, had himself supported a pauper having his lawful settle- 12 ment in B., and afterwards recovered satisfac- tion therefor of the town of A., it was held, that A. could not maintain an action against B., although such satisfaction was recovered within twc^years, the original expense having been incurred more than two years before the commencement of the action. Readfield v. Dresden , 12 Mass. 316 (1815). 234. Where an individual in a town gave notice to the overseers of the poor that he was supporting a pauper, and that he should look to the town for his pay, and the overseers thereupon gave notice to the town where the pauper had his settlement, that he had become chargeable, it was held, that the first town, though they had not paid such individual, might maintain an action against the other town for the support of the pauper. Westfield v. Southwick , 17 Pick. 68 (1835). 235. If a town relieves, as a pauper, a per- son imprisoned in a jail therein, it is no de- fence to an action to recover compensation therefor against the town of the pauper’s set- tlement, that the pauper was unlawfully com- mitted to the jail. Taunton v. Westport, 12 Mass. 355 (18 i5) . 236. A town is not liable to another town for the support of an alien married to a woman having a legal settlement in the defendant town. Cambridge v. Charlestown, 13 Mass. 501 (1816). 237. By an act incorporating a town from part of an old one, it was provided that the two towns should bear their proportionate part of supporting the poor, which were at that time relieved by the elder town. Afterwards the two towns made an agreement that if any per- son should thereafter be returned as a pauper, having a right to a support from the elder town, the new town should be bound to sup- port him, if his last residence had been in that territory which constituted the new town. It was held, that the agreement was not binding on the new town, and that it was not bound to support a pauper thus situated. Norton Mansfield, 16 Mass. 48 (1819). 238. Notwithstanding the proviso in St. 1793, c. 59, § 9, (Gen. Sts. c. 70, § 12,) an ac- tion will lie against a town after two years, upon a verbal express promise of the over- seers of the poor to pay the expenses incur- red in supporting a pauper legally chargeable to the town; such a promise being barred only by the general statute of limitations. Belfast v. Leominster , 1 Pick. 123 (1822). 239. The obligation imposed on a town by statute to support paupers is a good consider- ation for an express promise. Ib. 240. A pauper, for whose support provision was made in the town of W., in which she had a settlement, went into the adjoining town of N. S., and there expenses were in- 90 DIGEST OF DECISIONS. curred for her support, although the pauper herself, the person with whom she there re- sided, and the inhabitants of N. S., all knew that a place was provided for her in W., to which she was able to walk withou'f difficulty. Held, that N. S. could not recover of W. for these expenses. New Salem v. Wendell, 2 Pick. 341 (1824). 241. Upon a question whether a deceased person had a settlement, his declaration that he had no deed, but a writing to give him a deed, of certain land, was admitted to rebut the presumption arising from long possession by himself and his grantee, that he was seised of an estate in freehold. West Cambridge v. Lexington, 2 Pick. 536 (1824). 242. Where a pauper, after an action brought by one town against another to re- cover expenses incurred in his support, con- tinues chargeable to the plaintiffs, to sustain an action for the new expenses, brought pend- ing the first, a new notice is required. Wal- pole v. Hopkinton , 4 Pick. 358 (1827). 243. Whether a town can at any time set up their own illegal proceedings or those of their officers, in the assessment of a tax, after the tax has been paid, to defeat a settlement gained thereby, qucere. But where so long a time had elapsed since the payment of the tax that no claim for reimbursement could be sustained, it was held, that they could not. Charlemont v. Conway, 8 Pick. 408 (1830). 244. Where the assessors assessed more than five per cent, over and above the sum committed to them to assess, it was held, that the tax was not duly assessed, within the meaning of St. 1793, c. 34, relative to gaining a settlement (Gen. Sts. c. 69, § 1, cl. 12). lb. 245. In an action brought by the town of W. against the town of O. for expenses in- curred in the support of a pauper, on the question whether the pauper derived a settle- n^nt in 0. from his grandfather through his father, it was held, that copies of a deed exe- cuted by the grandfather in 1754, in which he was described as being of 0., and of his last will, made in 1758, in which he was described as “ now resident in O.,” were admissible ev- idence to prove that the grandfather gained a settlement in O. under Prov. St. 12 & 13 Will. III. c. 10. Ward v. Oxford , 8 Pick. 476 (1829). 246. Held, also, that evidence proving that the grandfather, for a long time before 1754, had a settlement in the town of S., and that afterwards, for years previous to 1784, the father of the pauper was supported as a pau- per by S., was admissible to rebut the pre- sumption arising from the description of the grandfather in the will and deed. Ib. 247. In an action between two towns to re- cover the amount of expenses incurred by the plaintiff town in relieving a person whose set- tlement was in the defendant town, the fact that such person might, by going a short distance, have obtained of his debtor as much money as was expended for his relief, was held not to be conclusive evidence that he was not a pau- per. Sturbridqe v. Holland, 11 Pick. 459 (1831). 248. But if he was not a pauper, evidence is admissible to show that he was in distress, under such circumstances as to require im- mediate aid from the plaintiffs. Ib. 249. Where a pauper whose legal settle- ment was in the town of S. was relieved by the overseers of the poor of the town of C., and upon notice the expenses were reimbursed by the overseers of the poor of the town of E. S., upon the supposition that his legal settle- ment was in E. S., it was held, that the town of E. S. could not maintain an action for re- payment against the town of S. East Sud- bury v. Sudbury, 12 Pick. 1 (1831). 250. Under St. 1793, c. 59, § 9, (Gen. Sts. c. 70, § 12,) whereby a town furnishing sup- port to a pauper may be entitled under cer- tain circumstances to recover against the town in which the pauper has his settlement, for expenses incurred within a period of three months before, and two years after, notice of the pauper’s having become charge- able, it is immaterial whether the support has been continuous or only occasional. Attle- borough v. Mansfield, 15 Pick. 19 (1833). 251. In an action by one town against an- other to recover expenses incurred in the sup- port of a pauper, it was held, that a notifica- tion addressed to the pauper by an inhabitant of a third town, warning him to attend a dis- trict school meeting therein, was competent for the purpose of proving that the pauper re- sided at that time in such third town, it being testified by such inhabitant that he delivered the notification to the pauper. West Boyls- ton v. Sterling, 17 Pick. 126 (1835). 252. In an action between two towns, it appeared that paupers having their settlement in the defendant town received support and medical attendance in the plaintiff town, and within thirty days after notice of that fact from the plaintiff's, the defendants made a con- tract with a person living in the plaintiff town, at whose house the paupers were, to keep them at the defendants’ expense, and made provision for medical attendance ; which the defendants made known immediately to one of the overseers and one of the selectmen of the plaintiff' town, and offered to settle with them for the relief already furnished ; where- upon the overseer and selectman made out a bill, charging the defendants at the rate of one dollar a week for each of the paupers, and an DIGEST OF DECISIONS. 91 item for the funeral expenses of one of them, and the overseer receipted it and received the amount of it from the defendants. The pau- pers not being afterwards removed by the de- fendants before the expiration of the thirty days, the plaintiffs brought an action to re- cover the full amount of the expenses incur- red by them ; but it was held, that the settle- ment made by the parties was a bar to the plaintiffs’ claim. Medway v. Milford , 21 Pick. 349 (1838). 253. On the question of a pauper’s settle- ment, which depended on the settlement of an ancestor acquired by his dwelling in a house on or near the boundary line between two towns, which house was pulled down a long time ago, it was held, that the declarations of aged persons, since deceased, who lived in its vicin- ity, made while it was occupied by the ances- tor, were admissible to show the position of the house in relation to the dividing line be- tween the two towns. Abington v. North Bridgewater , 23 Pick. 170 (1840). 254. In an action by one town against an- other for the support of a pauper, who was the illegitimate son of a married woman, the plaintiff town having proved her settlement to have been originally in the defendant town, it was held, that the burden of proof was on the defendant town, to show that the husband had a settlement in some other town in the Com- monwealth, and so that her settlement was changed by her marriage, and not on the plaintiffs to prove that the husband either had his settlement in the defendant town or had no settlement in the Commonwealth. (Put- nam, J. dissenting.) Randolph v. Easton , 23 Pick. 242 (1840). 255. Where it is shown, in a suit against a town for the support of a pauper, that his per- sonal property was set, in the valuation of the estates of the town, at the sum mentioned in St. 1793, c. 34, and Rev. Sts. c. 45, (Gen. Sts. c. 69, § 1, cl. 5,) and that he was assessed for the same for five successive years, such town cannot avail itself of the objection that there was not in the valuation any schedule or description of the property as directed by statute. Boston v. Dedham , 4 Met. 178 (1842). 256. Under the Rev. Sts. c. 143, §§ 15, 16, (Gen. Sts. c. 178, §§ 57, 58,) which provide that the expense of supporting a pauper in a house of correction “ may be recovered of the town wherein he shall have his lawful settle- ment,” the town in which he has a settlement when such expense is incurred, is liable there- for, although he gains a settlement in another town before such expense is audited and cer- tified by the overseers of such house. Boston v. Amesbury, 4 Met. 278 (1842). 257. The persons and corporations that are made conditionally liable by Rev. Sts. c. 143, §§ 15, 16, (Gen. Sts. e. 178, §§ 57, 58,) for the support of persons committed to a house of correction, cannot be held to pay for such support, unless the account thereof be audited and certified by the overseers of such house within the time prescribed by those statutes. lb. 258. Where a pauper was confined in a house of correction from December 1836 to April 1837, and the account of the expense of his support was not audited and certified by the overseers until January 1839, it was held, that the town in which he had his settlement was not liable for such support, lb. 259. A town in which a convict who is committed to a house of correction, has a set- tlement, is not liable by any statute to pay the expense of supporting him in such house, unless he be committed by virtue of the fifth or sixth section of c. 143 of the revised stat- utes (Gen. Sts. c. 161, § 21; c. 165, § 28). Boston v. Dedham , 8 Met. 513 (1844). 259 a. Persons committed to a house of correction under St. 1787, c. 54, as rogues, common vagabonds, common beggars, or other idle, disorderly, or lewd persons, are there maintained, not as paupers, but as criminals, and previously to the passing of St. 1826, c. 142, the keeper of such house, in order to recover of the towns where such persons have their settlements, the expenses incurred for their support, must have made a demand in writing in accordance with the re- quirements of St. 1802, c. 22, § 2. Boston v. Westford, 12 Pick. 16 (1831). 259 b. Where, in an action instituted under Sts. 1824, c. 28, § 3; 1834, c. 151, § 10; and Rev. Sts. c. 143, § 16, to recover expenses incurred for the support of a prisoner in the house of correction in Boston, it appeared that the demand of payment, which is a pre- requisite to the institution of such an action, was made by a person deriving his authority neither from the city nor from the master of the house of correction, but solely from the overseers of the house of correction, it was held, that such demand was insufficient. Boston y. Weston , 22 Pick. 211 (1839). See Gen. Sts. c. 178, §§ 57-59. 260. When a town, on receiving notice that one of its paupers is supported in another town, replies to the notice by denying that his settlement is in the town, and neither removes him nor makes any provision for his support, it is liable, without any new notice, for the expenses incurred by the other town for his support, after the notice as well as before, until suit brought. Topsfield v. Middleton , 8 Met. 564 (1844). 261. The town of D., on receiving notice from the town of P., that certain paupers, 92 DIGEST OF DECISIONS. whose settlement P. alleged to be in D., were supported in P., immediately paid the expense that had been incurred by P. for their support, removed part of the paupers to D., and made provision for the support of the others in P. for the term of about forty days. Within two months from the time of receiving said notice from P., the overseers of the poor of D. re- plied to that notice, denying that D. was liable to support said paupers, and refusing to pay P. for any further support of them. Held , that the town of P. could not maintain an action against the town of D. for the subse- quent support of said paupers, without first giving 1). a new notice. Palmer v. Dana, 9 Met. 587 (1845). 262. In an action against a town to recover for the support of a pauper whose settlement was once in that town, the burden of proving that he afterwards acquired a settlement in another town, is on the defendants. Oakham v. Sutton , 13 Met. 192 (1847). 263. In an action for the support of a pau- per, whose settlement is proved to have once been in the town defending, the burden of proving that he has since acquired a new set- tlement by residing for the space of ten years together in another town, is upon the defend- ant town. Worcester Wilbraham, 13 Gray, 586 (1859). 264. Grants of land are admissible in evi- dence as circumstances tending to show that the grantee, at their respective dates, dwelt in that part of the town in which the land was. Hingham y. South Scituate , 7 Gray, 229 (1856). 265. In an indenture of partition of lands in 1744 among the heirs of one deceased in 1742, a description of one parcel as “fifty- nine acres of land lying in S., being part of the homestead of the said deceased,” is no evidence of his having had a dwelling in S. in 1695. Ih. 266. A description, in a town record, of land laid out in 1696, as “ adjoining to the fence of C.’s home pasture,” is admissible against a town subsequently created out of part of that town, to prove that C. then dwelt in that part of the town in which the land was. lb. 267. By St. 1853, c. 338, § 3, dividing the town of Middleborough, and incorporating a part of it into a new town called Lakeville, it is provided that the said towns “ shall here- after be respectively liable for the support of all such persons, who now are relieved, or hereafter may be relieved, as paupers, whose settlement was gained by, or derived from a residence within their respective limits.” In an action against the town of Middleborough to reci ver for expenses incurred in the sup- port of a pauper, it was held, that the burden of proof was on the plaintiff to show that the pauper gained a settlement in Middleborough from a residence within its present limits ; and that it was not sufficient to show that the pauper had a settlement in the old town of Middleborough, without proving that such settlement was not gained by a residence within the limits of Lakeville. New Bedford v. Middleborough, 16 Gray, (1860). And see Hingham v. South Scituate, 7 Gray, 230, 231. 268. The town of a pauper’s settlement is not liable to another town in which the pauper becomes furiously insane and falls into dis- tress, for the expenses of his removal to an asylum for the insane in another state, and for his support and medical attendance there, even though a removal to some asylum be necessary to the comfort and relief of the pauper, and as a matter of economy and hu- manity. Deerfield v. Greenfield, 1 Gray, 514 (1854). 269. Under Rev. Sts. c. 46, § 13, (Gen. Sts. c. 70, § 12,) a town which has furnished relief to a person found therein and standing in need of immediate relief may recover the expenses thereof from the town of his settlement, al- though sufficient provision may have been made for his general support by his father’s will. Groveland v. Medford, 1 Allen, 23 (1861). 270. A town which has paid money for the support of a criminal in its workhouse cannot maintain an action to recover the same from the town where he had his settlement. Wor- cester v. Auburn , 4 Allen, 574 (1862). 271. In an action to recover for expenses incurred in support of a pauper, against a town in which his settlement is sought to be established by reason of a marriage existing before the passage of St. 1845, c. 222, (Gen. Sts. c. 107, § 2,) it cannot be shown in defence that the marriage was invalid by reason of the insanity of one of the parties. Goshen v. Richmond, 4 Allen, 458 (1862). 272. If a person whose settlement is in dis- pute is proved to have removed from one town to another, a new trial will not be granted on account of the admission of evidence, for the purpose of proving his domicil in the latter town, that he came to the latter town and said that he had sold out at the former town, and had come down and wanted to go to work ; provided no special request was made for an instruction to the jury that his declaration was not of itself competent evidence of the fact of his selling out in the former town. Mon- son v. Palmer , 8 Allen, 551 (1864). 273. The admission of an overseer of the poor, in giving directions for a pauper’s relief to one who has the care of the town’s poor, that the pauper has a settlement in the town, derived from an ancestor, is not competent DIGEST OF DECISIONS. 93 evidence against the town in an action subse- quently brought against it by another town for another cause, in which the settlement of an- other pauper, which depends upon the settle- ment of that ancestor, is in controversy. Dartmouth v. Lakeville, 7 Allen, 284 (1863). 274. The admission of overseers of the poor, in a binding-out indenture, that a certain pau- per is chargeable to their town, and their acts in paying bills to other towns for his support, are not admissible in evidence against the town in a litigation growing out of subsequent acts, for the purpose of showing that he and his descendants have their settlement therein. In performing these duties, they act as public officers, and not as agents of the town. New Bedford v. Taunton , 9 Allen, 207 (1864). (2) Of the Notice. 275. Notice from one town to another, to obtain the removal of a pauper or a reim- bursement of the expenses of a pauper’s sup- port, is sufficient, if it be given to one of the overseers of the town on which the claim is made ; but it must be in writing, and signed by a major part of the overseers of the town giving the notice, or perhaps by an agent duly authorized by the town. Dalton v. Hinsdale, 6 Mass. 501 (1810). 276. A notice was held to be sufficient which stated that the pauper had her settlement in the defendant town ; that she was, at the time of the notice, resident in the plaintiff town; that she required support, and that it had been afforded to her by the plaintiff’s overseers ; and that the same was charged to the defend- ant town ; and requested her removal. Quin- cy v. Braintree , 5 Mass. 86 (1809). 277. It is unnecessary that the notice should state the facts which would show a legal settle- ment of the pauper in the defendant town, or the manner in which the settlement was ob- tained. lb. Northfield v. Taunton , 4 Met. 437 (1842). 278. A notice to a town to be charged with the support of a pauper, signed by one over- seer of the poor, by order of all the overseers, is sufficient. Westminster v. Bernardston, 8 Mass. 104 (1811). And see 4 Mass. 275. 279. Under the Rev. Sts. c. 46, § 19, (Gen. Sts. c. 70, § 17,) a notification, signed by “J. D., chairman of the board of overseers of the poor” of a town, and sent to the over- seers of the poor of another town, requesting them to remove a pauper, is sufficient, if otherwise in due form. Northfield v. Taun- ton, 4 Met. 433 (1842). 280. Although a notification, given by over- seers of the poor, stating that A. and his wife and four children have become chargeable, &c., is defective, if A. hare more than four children in his family, yet if such notification be answered, without objection to its gener- ality, that objection is thereby waived, lb. Commonwealth v. Dracut , 8 Gray, 455 (1857). 281. A notice from the overseers of one town to those of another that “ the family of J. S.” has become chargeable, was held to be too general ; but the answer of the other town denying the settlement, but taking no excep- tion to the deficiency of the notice, it was held, that the objection was waived. Embden v. Augusta , 12 Mass. 307 (1815). 282. A town sent a notice to another town that “A. B. and his family” had become chargeable, and had their lawful settlement in such other town. An answer was returned that A. B. had no such settlement, no objec- tion being taken to the sufficiency of the no- tice as to the family. It was held, that such objection was waived. Shutesbury v. Oxford , 16 Mass. 102 (1819). 283. All objections to the sufficiency of a notice to charge a town with the support of a pauper are waived by returning an answer simply denying all liability on the ground that the pauper has no settlement in the town. Paris v. Hiram, 12 Mass. 267 (1815). Com- monwealth v. Dracut, 8 Gray, 455 (1857). 284. The overseers of the poor of O. sent the following notice to those of S. : “A. E. and wife and three children, who have their legal settlement in your town, is now charge- able to this town. This is therefore to notify you to remove said paupers,” &c. The over- seers of S. answered, “ We acknowledge the receipt of your letter, &e., stating that A. E. is in your town on expense, &c. We are satis- fied that he has not gained a settlement in our town. We therefore shall not pay any ex- pense for his support.” It was held, that the notice was sufficiently certain as to all the paupers ; but if insufficient, that the objection was waived by the answer. Orange v. Sud- bury, 10 Pick. 22 (1830). 285. A notice by the overseers of the town of A. to those of the town of B. that expenses had been incurred for the support of “ O. S., widow of G. S., who was an inhabitant of B.” was held to be sufficient, and the meaning of these words was held to be, that the widow was an inhabitant of B. TJxbridge v. See- konk, 10 Pick. 150 (1830). 286. Notice to the town of a pauper’s settle- ment that such pauper has become chargeable in another town, is not notice that his wife and children have also become chargeable. Andover v. Canton, 13 Mass. 547 (1816). 287. A letter from the overseers of the poor of one town to those of another, to obtain a reimbursement of the expenses of supporting a pauper, was received and an- swered. A mistake in this letter was cor- 94 DIGEST OF DECISIONS. rected in a second letter, which was received but not answered, referring to the first. It was held, that the second, which by itself was an insufficient notice, might be taken in con- nection with the first, so as to constitute a sufficient notice from the time when the second was received. Shelburne v. Rochester, 1 Pick. 470 (1823). 288. A notice respecting a pauper whose Christian name was Sally, calling her “ Sarah or Sally,” was held to be sufficient. Ib. 289. A notice that “ E. S. and her three children ” have become chargeable, she having four, was held to be too general as to the children, but sufficient as to E. S. Wal- pole v. Ilopkinton , 4 Pick. 358 (1827). 290. P. Baxter, a pauper, known in the town of L. by the name of P. La Barron, was called, in a notice from that town to the town of N., P. Labern, and the overseers of the poor of N., after ascertaining what person was intended, returned an answer that P. Labern had not a settlement in N. Held, that the notice was insufficient. Lanes- borough v. New Ashford , 5 Pick. 190 (1827). 291. A notice by overseers of the poor that expenses had been incurred for the support of “ the child of Miss H. W., the daughter of T. W., who are inhabitants of the town of W.,” was held to be sufficient to sustain an action against such town. Ware v. Williams- town , 8 Pick. 388 (,1829). 292. In an action by one town against another, to recover expenses incurred in the support of a pauper, a notice signed by A. and B. as selectmen, they being overseers of the poor by virtue of their office of selectmen, was held sufficient. Ashby v. Lunenburg, 8 Pick. 563 (1830). 293. A written notification as follows, “ To the overseers of the poor of the city of N. — Gentlemen — Mrs. A. B. and three children, whose legal settlement is in your city, but now residing in L., being in needy circum- stances, has applied to this board for relief, which we have granted and charged to your city, and shall continue so to do until you remove or otherwise provide for their support. In behalf of the overseers of the poor of the city of L. C. D. Secretary,” is sufficient, under Gen. Sts. c. 70, § 17. Lynn v. New- bury port, 5 Allen, 545 (1863). 294. Where notice was given in March 1811, of a pauper’s becoming chargeable, and again in October 1812, and an action was commenced in May 1813, the defendant town was held liable only for the expenses incurred within three months before the last notice. Townsend v. Billerica, 10 Mass. 411 (1813). 295. A notice by the overseers of the poor of one town to those of another that a person has become chargeable as a pauper, given within three months after the expenses were paid, but not within three months after they were incurred, is insufficient. East Sudbury v. Sudbury, 12 Pick. 1 (1831). 296. A notice sent by mail, the postage being unpaid, was held not to be sufficient; although it reached the post office of the defendant town, and was there refused. Gro- ton v. Lancaster , 16 Mass. 110 (1819). 297. Where a notice to overseers was de- livered to and received by one of them while attending to his duties as a member of the leg- islature, at a distance from his town, the de- livery was held sufficient. Walpole v. Hop- kinton, 4 Pick. 358 (1827). 298. When, in consequence of notice to the overseers of the town of a pauper’s settlement, they provide for him ; if the pauper afterwards receives aid from the same town which gave the notice, a new notice is necessary in order to charge the town of his settlement. Sidney v. Augusta, 12 Mass. 316 (1815). 299. Where a pauper, after an action brought by one town against another, to recover expenses incurred in his support, continues chargeable to the plaintiffs, to sus- tain an action for the new expenses, brought pending the first, a new notice is required. Walpole v. Hopkinton, 4 Pick. 358 (1827). 300. If the town furnishing the supplies sue for them, it cannot again, without a new notice, recover for any expenses incurred after the commencement of the first action. Hallowell v. Harwich, 14 Mass. 186 (1817). 301. The town of D., on receiving notice from the town of P., that certain paupers, whose settlement P. alleged to be in D., were supported in P., immediately paid the expense that had been incurred by P. for their support, removed part of the paupers to D., and made provision for the support of the others in P. for the term of about forty days. Within two months from the time of receiving said notice from P., the overseers of the poor of D. re- plied thereto, denying that D. was liable to support said paupers, and refusing to pay P. for any further support of them. It was held, that P. could not maintain an action against D. for the subsequent support of said paupers, without first giving D. a new notice. Palmer v. Dana , 9 Met. 587 (1845). 302. Where a town incurs expenses, under St. 1837, c. 244, § 1, (Gen. Sts. c. 26, § 16,) on account of paupers having a legal settle- ment in another town, the former is bound to give reasonable notice to the latter before com- mencing an action for such expenses, and the selectmen of the respective towns are proper officers to give and receive such notice. Springfield v. Worcester, 2 Cush. 52 (1848). 303. On the 5th of May 1846, a poor person having a legal settlement in W., fell ill of the DIGEST OF DECISIONS, 95 small pox in S., and was there relieved in pur- suance of the provisions of St. 1837, c. 244, § 1, (Gen. Sts. c. 26, § 16,) and the selectmen of S. on the 26th of the same month gave no- tice of the pauper’s sickness and of the expen- ses incurred on his account to the selectmen of W. ; it was held, that such notice was rea- sonable and sufficient, lb. (3) Estoppel. 304. If a town is duly notified under St. 1793, c. 59, § 12, (Gen. Sts. c. 70, § 17,) and requested to remove a pauper, and if its over- seers have neglected for two months after the notice and request to make any objection thereto or to remove the pauper, the town is barred from contesting with the town giving the notice the settlement of the pauper. Tops- ham v. Harpswell, 1 Mass. 518 (1805). And from showing that the pauper was of sufficient ability to support himself. Freeport v. Edge- curnbe, lb. 459. 305. Even although the pauper may have in fact no settlement in any town within the. Commonwealth. Westminster v. Bernardston, 8 Mass. 104 (1811). 306. A town which voluntarily pays the ex- penses incurred by another town for the sup- port of a pauper, on notice and without objec- tion, is not thereby estopped from denying the settlement of the pauper in an action brought by the same town to recover for subsequent expenses incurred for the pauper. Leicester v. Rehoboth , 4 Mass. 180 (1808). Bridgewater v. Dartmouth , lb. 273. Needham v. Newton , 12 Mass. 454 (1815). 307. A voluntary payment by a town of a demand for the support of a pauper, after suit brought, does not estop the town to contest the settlement of such pauper’s mother in another suit brought by the same plaintiffs to recover for her support. Edgartown v. Tis- bury, 10 Cush. 408 (1852). 308. A notice from one town to another, claiming reimbursement for the expense of supporting a pauper, given pending an action for the recovery of such expense, or after its final decision, although unanswered, operates no estoppel on the town notified, to deny the settlement of the pauper with them. Newton v. Randolph , 16 Mass. 426 (1820). 309. If the town notified returns within two months a written answer, signed by one of its selectmen, who is also overseer of the poor, denying the settlement of the pauper, it is not estopped from afterwards disputing the settle- ment. Bridgewater v. Dartmouth , 4 Mass. 273 (1808). 310. Where, in an action against the town of A., for expenses incurred by the town of B. in the support of a pauper, it appeared that the pauper’s settlement was not in A., but that the defendants were estopped from deny- ing the settlement, and a verdict was given against them ; the court refused to set aside the verdict for the purpose of permitting the defendants to pay the money found due by the verdict, and thus prevent a judgment, which would bar them upon the question of settlement, as to any after expenses. Greene v. Monmouth, 7 Mass. 467 (1811). 311. It is not a bar to an action by the town of A. against the town of B. to recover the expenses of supporting a pauper, that the plaintiffs had given notice to the town of C. and claimed payment of the same sums ; and such notice not being answered according to the statute, had recovered judgment therefor against the town of C. Braintree v. lling- ham, 17 Mass. 432 (1821). 312. Where the town of E., upon receiving a notice that a person had become chargeable in another town as a pauper, replied thereto denying its liability for his support, but no action was commenced thereon, and before the expiration of two years a second notice was received in relation to the same pauper, to which no reply was made within two months, it was held, that the town of E. was not es- topped, by its neglect to make an earlier reply, from contesting the settlement of the pauper, in an action against it founded upon the second notice. Marshpee v. Edgartown , 23 Pick. 156 (1839). 313. An erroneous statement, made by the overseers of the poor of the town of A., in a notification sent by them to the town of B., respecting the means by which a pauper therein mentioned acquired a settlement in B., does not estop the town of A., in a suit against the town of B., to recover for the support of such pauper, to show that he ac- quired a settlement in B. by different means from those which were stated in the notifica- tion, unless that statement was made with a design to mislead. Northfield v. Taunton , 4 Met. 433 (1842). 314. If a notification be sent by the over- seers of the poor of a town which has incurred expense for the relief of a pauper found therein, to the overseers of the poor of the town where his settlement is supposed to be, requesting his removal, the answer, by Gen. Sts. c. 70, § 18, must be signed by some one of the overseers ; and, if it is not so signed, their town will be barred from contesting the question of his settlement, although the pau- per is not actually removed there ; and the answer will not be sufficient, if signed merely by another person with whom the town has contracted for the support of its paupers for that year. Petersham v. Coleraine , 9 Allen, 91 (1864). 96 DIGEST OF DECISIONS. 315. Overseers to whom such an answer is sent do not waive the defect by sending a re- ply to the overseers of the other town, under the belief that the answer came from one of them, or by subsequently sending a new noti- fieation to them for the removal of the same pauper. Ib. IV. Removal of Paupers. 316. Under St. 1793, c. 59, § 10, a pauper is not removable unless actually chargeable, or likely to become so, from one or the other of the causes mentioned in the statute. Walpole v. West Cambridge , 8 Mass. 276 (1811). 317. In a complaint, and also in an adjudica- tion, for the removal of a pauper under that statute, it was necessary to state the cause of the likelihood of his becoming chargeable. Ib. 318. The alleged pauper should be sum- moned to appear at the examination before the magistrate. But the pauper only can avail himself of an omission to summon him, and neither of the towns contesting his settlement can take advantage of such omission. Shirley v. Lunenburg , 11 Mass. 379 (1814). 319. An adjudication that a person is “the proper poor ” of a town is equivalent to an adjudication that he has his lawful settlement in such town. lb. 320. Under St. 182 L, c. 94, § 3, (Gen. Sts. c. 70, § 14,) the removal of the pauper is a condition precedent, which must be strictly performed; so that where a pauper, while her town was making preparations for her re- moval, removed of her own accord, it was held, that the town was liable for the reason- able expenses incurred for her support, al- though they exceeded one dollar a week. Ware v. Wilbraham, 4 Pick. 45 (1826). 321. The actual removal of a pauper by the town in which he has a settlement, within thirty days after legal notice of relief being furnished to him by another town, is a condi- tion precedent, which must be strictly per- formed, in order to exempt the former town (under St. 1821, c. 94; Gen. Sts. c. 70, § 14) from a greater expense than one dollar per week ; so that where such town, having, within the thirty days, prepared to remove the pauper, but, finding him too ill to be removed with safety, provided for his further relief and sup- port in the place where he then was,bya contract with an individual, it was held, that the other town was nevertheless entitled to recover the whole amount of its expenses reasonably in- curred on account of the pauper. Seekonky. Attleborough, 7 Pick. 155 (1828). 322. A pauper having a settlement in a town in this commonwealth, cannot lawfully be car- ried by the overseers of the poor, against his will, to a place without the Commonwealth, to be there supported. Westfield v. Soutliwick , 17 Pick. 68 (1835). See Deerfield v. Greenfield , 1 Gray, 514. 323. The provision in the Rev. Sts. c. 46, § 15, (Gen. Sts. c. 70, § 14,) that “ when any person shall be supported by a town, other than that in which he has his settlement, the town that is liable for his support shall not, in any case, be required to pay therefor more than at the rate of one dollar a week, provided the town that is liable for the support of the pauper shall cause him to be removed, within thirty days from the time of receiving legal notice that such support has been furnished,” does not apply to the case of the removal of a pauper after his decease, though before his burial. Webster v. Uxbridge, 13 Met. 198 (1847). 324. In computing the thirty days within which a town liable for the support of a pau- per, is required by Rev. Sts. c. 46, § 15, (Gen. j Sts. c. 70, § 14,) to remove him from the town in which he has received support, in order to exempt the former from liability therefor at a greater rate than one dollar a week, the day on which notice is received that the support has been furnished is to be excluded. Seekonk Rehoboth, 8 Cush. 371 (1851). V. Penalty for bringing a Pauper into a Town. 325. The offence intended to be punished by St. 1793, c. 59, § 15, was that of bringing a poor person into a town, with intent to leave him there, a charge and burden upon such town; and one cannot be held liable under that statute unless such intent is shown. Greenfield v. Cushman, 16 Mass. 393 (1820). Deerfield v. Delano , 1 Pick. 465 (1823). 326. An overseer of the poor does not in- cur the penalty by endeavoring to avoid a charge upon his town by aiding a pauper on his journey to a town in another state, al- though an agent of such overseer, deviating from his instructions, leaves the pauper in an adjoining town with a view to subject that town to expense. Deerfield v. Delano, 1 Pick. 465 (1823). 327. One does not incur the penalty by bringing a pauper from another state to a town in this state in which he has a settlement. Cantonv. Bentley, 11 Mass. 441 (1814). Mid - dleborough v. Clark, 2 Pick. 28 (1823). 328. In an action by the town of S. to re- cover a penalty for bringing into and leaving in the town a poor and indigent female, she not being lawfully settled therein, with intent to charge the town with her support, (Gen. Sts. c. 70, § 20,) the defendant justified under an DIGEST OF DECISIONS. 97 order from the overseers of the poor of the town of C., which recited that her lawful set- tlement was in S. and that she was actually a charge to C., and directed him, as constable, to remove her to S. It was held, that it was not necessary that the order should recite such acts and proceedings on the part of the overseers as would warrant them in issu- ing the order, and that the defendant was not bound to go behind the order and show that the overseers had complied with the requisi- tions of the law. Sturbridge v. Winslow , 21 Pick. 83 (1838). 329. It seems, that an action for the penalty in such case should be brought in the name of the Commonwealth, lb. VI. Lunatic Paupers and State Paupers. Lunatic Paupers. 330. After the passage of St. 1834, c. 150, the treasurer of a state lunatic hospital could not maintain an action under St. 1797, c. 62, § 3, or St. 1832, c. 163, § 4, against the town from which the pauper was committed to the hospital, for his support therein previous to the passage of St. 1834, c. 150. Foster v. Wor- cester, 16 Pick. 71 (1834). 331. Where an insane person, who is not able to pay for his own support, is confined in a house of correction, under St. 1836, c. 223, (Gen. Sts. c. 74,) the town in which he has a settlement is liable for his support in such house, if he have no parent, master, or kin- dred, liable by law to maintain him. Watson v. Charlestown , 5 Met. 54 (1842). See Gen. Sts. c. 74, § 6. 332. Under St. 1834, c. 150, (Gen. Sts. c. 73,) requiring the town in which a pauper lu- natic resides at the time of his commitment to a state lunatic hospital to pay the expense of supporting him while there, and giving to such town a remedy over against the town in which such lunatic has a legal settlement, notice of the expense incurred, given by the former town to the latter within three months after the hospital had demanded payment, was held to be seasonable notice to render the latter town liable to the former, if any notice is necessary, the commitment having been made by a judge of probate. Worcester v. Milford , 18 Pick. 379 (1836). 332 a. A town whose overseers of the poor send a lunatic pauper to a state lunatic hospital without any adjudication by any court or mag- istrate, may nevertheless recover their pay- ments for his support, of the town of his legal settlement, under St. 1841, c. 77 (Gen. Sts. c. 73, § 25). Such a sending is a “commitment ” of the pauper within the meaning of that statute . Cummington v. Wareham, 9 Cush. 585 (1852). 13 333. In an action for such expenses, by the town committing sucli lunatic pauper, against the town of his settlement, no recovery can be had for expenses incurred more than two years previous to the commencement of the action, or more than three months previous to notice to the defendant town. lb. 334. The town of a pauper’s settlement is not liable to another town, in which the pau- per becomes furiously insane and falls into distress, for the expenses of his removal to an asylum for the insane in another state, and for his support and medical attendance there, even though a removal to some asylum be nec- essary for the comfort and relief of the pau- per, and as a matter of economy and humanity. Deerfield v. Greenfield, 1 Gray, 514 (1854). 335. The whole amount paid to the treas- urer of a state lunatic hospital by the town in which a lunatic pauper, having a settlement within the Commonweath, resided at the time of his commitment, for 1ms expenses at the hos- pital within six years before such payment, may be recovered of the town of his settle- ment, by giving notice thereof within three months, and commencing an action within two years, after such payment ; although part of the amount had once been paid by the Com- monwealth to the hospital, on the supposition that the lunatic had no settlement within the Commonwealth, and since re-allowed by the hospital to the Commonwealth. Andover v. Easthampton, 5 Gray, 390 (1855). Worcester v. Sterling, lb. 393, note. 336. If money paid by the Commonwealth for the support of a lunatic at a state lunatic hospital, on the mistaken supposition that he had no settlement within the Commonwealth, is retained by the Commonwealth, on discovery of the mistake, out of money due to the hos- pital, the treasurer of the hospital may recover from the town in which the lunatic resided at the time of his commitment, unless the de- fendants prove that he had no settlement in the Commonwealth, for such support during the six years previous to the commencement of the action, and for that only. Jennison v. Roxbury, 9 Gray, 32 (1857). 337. The amount paid by a town for the support at a state lunatic hospital of an insane pauper committed by the judge of probate may be recovered front the town of the pau- per’s settlement, within two years after the payment, although more than two years after notice. Amherst v, Shelburne, 11 Gray, 107 (1858). 338. Notice by o.ne town to another of a claim made by the treasurer of a state lunatic hospital for the past and future support of a pauper, is sufficient to support an action for the past expenses, (though not actually paid until more than three months after,) but not 98 DIGEST OF DECISIONS. for expenses of the support of the pauper after such notice. Ib. 339. In an action by the treasurer of a state lunatic hospital against a town, to recover the expenses of the support of a lunatic pauper, a general verdict and judgment for the defend- ant in a similar action between the same par- ties, to which the defendant answered, among other defences, that the pauper had no settle- ment within the Commonwealth, is conclusive evidence that the pauper had no such settle- ment during the period of furnishing the supplies sued for in the former action, if that question was submitted to the jury in that case. Jennison v. West Springfield , 13 Gray, 544 (1859). 340. If a married woman has been commit- ted as a lunatic to a state lunatic hospital, by order of a judge of probate, the town of her settlement may maintain an action against her husband to recover sums which it has been obliged to pay for her support there, although he is in destitute circumstances. Brookfield v. Allen , 6 Allen, 585 (1863). State Paupers. 341. A town is not bound to support an alien married to a woman having her legal settle- ment in such town. The town furnishing re- lief to such alien is entitled to be reimbursed by the Commonwealth. Cambridge v. Charles- town, 13 Mass. 501 (1816). See Gen. Sts. c. 71, §§ 43, 44. 342. A town has undoubtedly a right to the services of a state pauper residing therein, to aid in his support. Wilson v. Church , 1 Pick. 26 (1822). Commonwealth v. Cambridge , 20 Pick. 272 (1838). 343. The provision in St. 1823, c. 21, (Rev. Sts. c. 46, § 30,) that no male person over the age of twelve years and under the age of sixty years, while of competent health to labor, should be entitled to support as a state pau- per, was designed to proliibit the support of persons at the public expense, who were of ■, competent health and capacity to support j themselves. It was not intended to apply to i such as, though able to perform some labor, i yet were not able to perform enough for their | entire support. Commonwealth v. Cambridge , 20 Pick. 267 (1838). 344. Under Sts. 1830, c. 120, (Rev. Sts. c. 46, §§31, 32,) if the earnings collectively of all the state paupers supported by a town, , J during any year, together with the stated al- | lowance made by the Commonwealth for each of them, did not exceed the expenses collec- ! tively of supporting them all during the year, the town was entitled to the whole of such earnings and allowances. Ib. 345. In a suit by the Commonwealth against a town, to recover back money overpaid for the support of state paupers, the accounts of the agent of the town respecting those pau- pers, although examined by a committee, who reported that they were correct, and whose vote was accepted by a vote of the town, are not conclusive evidence against the defend- ants, but may be shown to have been erroneous. Commonwealth v. Cambridge, 4 Met. 35 (1842). 346. A town, in stating an account with the Commonwealth as to the support of state pau- pers, is bound to credit the value of the pau- pers’ labor only, and not any share of the profits, if there be any, which the town derives from their labor. Ib. 347. Where a state pauper, for whose sup- port provision is made in one town, voluntarily and without any cause of complaint, leaves the place of such support and goes into another town where he is not in any need of immediate relief, and is there supported by an individual, the latter acquires no cause of action thereby against the last-mentioned town, under Rev. Sts. c. 46, § 18 (Gen. Sts. c. 70, § 16). Shearer v. Shelburne, 10 Cush. 3 (1852). 348. The Commonwealth cannot recover of the town of a pauper’s settlement, under St. 1855, c. 445, § 4, (Gen. Sts. c. 71, § 49,) the expenses of supporting the pauper at a state almshouse more than three months next before notice thereof to the town. Commonwealth v. Dracut, 8 Gray, 455 (1857). 349. St. 1855, c. 445, (Gen. Sts. c. 71, § 49,) giving a remedy to the Commonwealth against towns for the support of “ any pauper who shall become an inmate of the state alms- houses,” includes the support, since the stat- ute took effect, of paupers who became inmates of one of the state almshouses before its pas- sage. lb. 350. No action could be maintained under St. 1846, c. 88, for the support of state pau- pers committed to a workhouse, until the county commissioners had settled and allowed the accounts of the keeper of such workhouse. South Danvers v. Essex , 1 Allen, 25 (1861). STATUTES AND ORDINANCE RELATING TO THE OVERSEERS OF THE POOR OF TIIE TOWN OR CITY OF BOSTON . 1 STATUTES. Twelve Overseers of the Poor to be chosen in Boston for the twelve wards respectively, &c. Jurisdiction. Duties. Town of Boston empowered to erect a work-house for the poor. Overseers of the Poor to regulate it. The house may be endowed, &c. Overseers to have inspection &c., and to appoint the masters of the house. Empowered to make by-laws to be approved by the town. Overseers to send idle and indi- gent persons to the work-house. And to bind out the children of such as are unable or negligent to support them, and are not rated for their personal estate. And also such children as are not taught their alphabet, unless, &c. Overseers of the Poor to warn in- truders out of the town &c. 1. Incorporation of the Overseers of the Poor. 2. Moneys and estates given, devi- sed, &c., for the use of the poor, vested in said corporation, Provi- so, that they shall not hold more than £60,000. 3. Shall have perpetual succession. May hold real estate not exceed- ing £500 by the year, &c. 4. Shall have a common seal, and may make by-laws, '&c. 5. Instruments made and acts done shall be binding. 6. Incorporation of the Trustees of John Boylston’s Charitable Do- nations. 1 The legislature has, by various acts, transferred a large portion of the powers and duties of the Overseers of the Poor of Boston which they formerly possessed, to the directors of the house of industry, and by the act of 1857, c. 35, ante, p. 64, these powers and duties are transferred to “ the Board of Directors for Public Institutions,” who now perform in Boston most of the duties imposed upon Overseers of the Poor in the various towns by the General Statutes. The Overseers of the Poor of Boston, in practice, furnish “ out-door relief,” and may send paupers to the house of industry. When received there, they come under the charge of the above-named directors. The Overseers of the Poor in 100 STATUTES. 7. Bequests, &c., made by John Boylston, vested in said corpora- tion. 8. Said corporation to have perpet- ual sucession, and to hold real and personal estate. 9. Shall have a common seal, and may make by-laws, &c. 10. Instruments and acts shall be binding. 11. Corporation authorized to bind out poor persons, &c. 12. Power of surrendering indigent boys to the Boston asylum for indigent boys, shall be exercised by the Overseers of the Poor. 13. Auditors to examine accounts of overseers. 1. Overseers of Poor, duties, rights, obligations, &c. 2. Board, how composed and elec- ted. Vacancies how filled. Re- movals. 3. Organization of the board. 4. To report to city council. 5. Old board to exist till new one is organized. 6. Not to be interested in purchases or contracts, &c. 7. Repeal of former acts. ORDINANCE. 1. Committee on Overseers of Poor to be appointed. 2. Duties of said committee. 3. Overseers to keep books of in- vested funds. 4. Books to be open to inspection by Mayor, city council, &c. 5. Overseers to keep books with full accounts of all applicants. 6. Overseers to report quarterly. 7. Also to make an annual report. 8. Committee to examine books once a month and investments semi-annually, &c. An Act for employing and providing for the Poor of the Town of Boston . St. 8 & 9, Geo. II. c. 3, 1735. Preamble, Whereas the Town of Boston is grown considerably populous, and the Idle and Poor much increased among them , and the Laws now in Force relating to them , not so suitable to the Circumstances of the said Town , which are different from those of the other Towns in the Province : Therefore , Be it enacted by His Excellency the Governour, Council and the town of Boston were regularly incorporated for certain charitable pur- poses by the legislature in 1772, and it has been judicially held, that the pro- vision in the city charter, relative to Overseers of the Poor, was a continuance of the corporation so created in 1772, and not a dissolution or suspension of it. Overseers of the Poor of Boston v. Sears, 22 Pick. 122 (1839). The Overseers of the Poor, in their corporate capacity, continue to possess and exercise all the powers granted, and are subject to all the duties enjoined, by the several acts of 8 & 9 Geo. II. c. 3, April 25, 1772; 1802, c. 44; 1813, c. 171 ; 1862, c. 204 ; 1864, c. 128, which are seen in the text, so far as the same are respectively in force, and not modified by later acts. See House of Industry and House of Reformation , ante, p. 62, and Laws and Ordinances (1863), pp. 372, 376. And as to the respective authority of the Overseers and Directors, see also ante, pp. 21-23, and Quincy’s Hist, of Boston, pp. 167- 175. Por the general powers of Overseers of the Poor, see Paupers, ante, p. 24. STATUTES. 101 Duties. Representatives in General Court assembled and by tbe Author- 8 ^° 1 ^ 0,11 ' ity of the Same, That from henceforth at the anniversary Town Meeting in March , for the Choice of Town-Officers, the Town of ° . Twelve Over- Boston are, and shall be hereby impowered to chuse tw elve seers of the Overseers of the Poor, who shall be chosen for twelve several ^osen^B©#- Wards respectively, into which the said Town is or shall be divi- ton fort,H ‘ 1 J twelve wards ded, each Overseer to have the more especial Care of his partic- respectively, ular Ward, yet so as not to exclude the Authority of any other Overseer as there may be Occasion ; which Overseers shall visit their respective Wards, whensoever they may judge there is Oc- casion, at least once in every Month ; and shall also once in every Month assemble together to consider and determine of the most proper Methods for the Discharge of their Office. And whereas the Poor of the said Town may upon the decay of Preamble. Trade become still more numerous , and want Means to employ and set themselves to Work in any settled or constant Manner , or by ill Habits become idle and slothful and very burthensome to the Town : Be it enacted by the Authority aforesaid, That in such Case, or of Bq9 whenever the said Town of Boston shall, at a legal Town Meeting ton empowered for that Purpose duly warned, judge it necessary or convenient workhouse for to erect, provide or endow an House for the Reception and Em- thepoor ' ployment of the Idle and Poor of the said Town, they the said Town are, and hereby shall be authorized and impowered so to do ; which House shall be under the Regulation of the Overseers ° < Overseers of of the Poor, to be annually chosen as aforesaid; and erected, the Poor to provided for, continued or discontinued, as the said Town shall ° find or judge their Circumstances require : And the said Town are hereby authorized to make Purchases and receive Donations for endowing the said Work-House, to the Value of three Thousand , , ° _ The house may Pounds per Annum ; and to sue and be sued in all Affairs of said be endowed, House ; the several Donations to be always applied according to the Will of the Donors. And be it further enacted, That the Overseers of the Poor of 0verseers to the Town of Boston , for the Time being, shall have the Inspec- h . ave ^p 60 * tion, Ordering and Government of the said House, with Power of appoint the , T _ - . . n masters of the appointing a Master or Masters, and one or more Assistants tor house, the more immediate Care and Oversight of the Persons received 102 STATUTES. S & 9 Geo. II. c. 3, 1735. Empowered to make by-laws to be approved by the town. Overseers to send idle and indigent per- sons to the workhouse. And to bind out the children of such as are unable or negligent to support them, and are not And also such children as are not taught their alphabet, unless, &c. into or employed in said House : Which Overseers at their monthly Meetings shall have Power to make Orders and By Laws for the better and more decent regulating the said House ; which Orders shall be binding till the next Town-Meeting, to which they shall exhibit them, and w T hen approved by the said Town at a legal Meeting, shall be obligatory, until revoked by the said Town. And be it enacted by the Authority aforesaid, That each one of the Overseers aforesaid shall have Pow T er to send any idle and indigent Person or Persons to the said House for Entertainment and Employment for the space of twenty -four Hours ; and any two of the said Overseers shall have Power to continue or send to said House such Person or Persons, till discharged by the major Part of said Overseers at a monthly Meeting : Which Person or Persons the Master or Masters and Assistants are hereby required to receive and employ accordingly. And whereas there are sometimes Persons rated to the publick Taxes , who are notwithstanding unable or negligent to provide Necessaries for the Subsistence and Support of their Children : rated for their Be ^ enacted, That the Overseers shall have personal estate, the same Power of binding out into good Families, the Children of such, as where the parents are rated nothing ; provided such Persons are not rated for their personal Estate or Faculty. And for as much as there is great Negligence in sundry Persons as to the instructing and educating their Children , to the great Scandal of the Christian Name , and of dangerous Consequence to the rising Generation : Be it further enacted, That where Persons bring up their Chil- dren in such gross Ignorance, that they do not know, or are not able to distinguish the Alphabet, or twenty-four Letters, at the Age of six Years, in such Case the Overseers of the Poor are hereby impowered and directed to put or bind out into good Families, such Children, for a decent and Christian Education, as when Parents are indigent and rated nothing to the publick Taxes : unless the Children are judged uncapable, through some inevitable Infirmity. And in as much as the Division of the Town of Boston into STATUTES. 103 twelve Wards , and Assignation of each Ward to the more immc- 8 &o Geo. n. diate Care of a particular Overseer , will give the aforesaid Over- c ' 17:i5, seers Opportunity of a more exact Knowledge of the Town, and all Intruders into it : Be it enacted by the Authority aforesaid, That the aforesaid oversee™ of Overseers of the Poor in the Town of Boston , be and they warn intruders hereby are, impowered to warn any and all Intruders, or others, towif&c! who are not Inhabitants, to depart the Town ; and in Case of re- fusal or neglect, to proceed in the same Manner, and with as full Power, as the Select-Men of said Town, by Law, may or can : And the Constables are hereby required to observe and yield ready Obedience to the Orders and Directions of the Overseers aforesaid, by Virtue and in Consequence of this Act. 1 An act for incorporating the Overseers of the Poor of the town of Boston. Whereas , many charitably-disposed persons have given and st. 1772, April bequeathed considerable sums of money and other interest l 3 and . 2 . 5 ' and estate to the poor of the town of Boston, and their use, and many other persons are well inclined to make charitable donations to the same good purpose, but the Overseers of the Poor of the same town not being incorporated, the good inten- tions of those who have made, and those who incline to make such charitable donations, have been either wholly frustrated or not carried into full effect, 1. Be it therefore enacted by the Governor, Council, and House of Representatives : That the Overseers, for the time being, of the Poor of the town of Boston in the county of Suffolk and province of the Massachusetts Bay, be created, made, erected, and incorporated into a body politic by the name of the Overseers of the Poor of the town of Bos- ® eers of the J ^ Poor, ton in the Province of the Massachusetts Bay in New England, ibid. $ 1 . _ 22 Pick, 122. 1 The foregoing act was passed at the May session in 1735, and may be found in the Massachusetts Perpetual Laws, p. 277. It is apparent that much of it has been repealed by the operation of other acts relative to the same sub- jects ; but as no act expressly repealing this has been found, it is here inserted, without assuming to determine how far some portions of it may yet be oper- ative. See Quincy’s Municipal History of Boston, pp. 170-175. 104 STATUTES. 1772, April 23 aad 25, § 1. Money and estates given, devised, &c. for the use of the poor, vested in said corporation. Ibid. § 2. Proviso, that they shall not hold more than £60,000. Ibid. ^bftD have perpetual succession, Ibid. § 3. May hold real estate not exceeding £500 by the year, &c. and that they and their successors in said office have perpetual succession by said name. 2. That all and singular sum and sums of money, interest, and estate, real or personal, of what name or nature soever heretofore given, or at any time hereafter to be given, granted, bequeathed, or devised by any way or means whatsoever to the poor of the town or to their use, not exceeding the sums and value in this act hereafter mentioned, be and the same hereby is and shall be to all intents and purposes vested in the same Overseers, and their said successors in their said corporate capacity ; and they are hereby enabled in the same capacity to receive, manage, lease, let, and dispose the same according to their best discretion, to and for the use and benefit of the poor of the said town ; provided , always , that the said Overseers shall not be able to receive or be capable of having or holding any moneys or personal estate of any kind or nature whatsoever, at any time above and beyond the sum and amount of sixty thou- sand pounds lawful money of this province, accounting and reckoning the whole moneys and value of all the personal estate, personal securities, and choses in action which they shall own or be vested withal in their corporate capacity together, and that all gifts and bequests of money or personal estate of any kind made to the said corporation, or which by the tenor of this act they might take or be vested with, shall be utterly void at all times hereafter when their whole stock in moneys, personal securities, or choses in action and personal estate which the said corporation shall have, own, and be vested with the property of, shall, taken reckoned together, amount to the said sum of sixty thousand pounds. 3. That the said Overseers and their successors in said office, by the name aforesaid, have a perpetual succession, by that name, to sue or be impleaded ; by its said corporate name to purchase lands and hold them not exceeding the sum of five hundred pounds, lawful money, by the year, and to manage, lease, bargain, and sell, or otherwise dispose of all or any part thereof, and do all acts as natural persons may, as from time to time the said corporation shall judge best for the benefit, advantage, and use of said poor. STATUTES. 105 4. That the said corporation shall have a common seal and shaiihavea .... . common seal, power, and the said corporation is hereby authorized to make by- and may make laws and private statutes and ordinances, not repugnant to the omltrV, I * laws of the land, for the better government of the said corpora- *^25 P h 23 tion and its finances ; to choose a treasurer, clerk, and other subordinate officers, as from time to time shall be found neces- sary, and all or any of them again at pleasure to displace. 5 . That all instruments which said corporation shall law- instruments fully make, by the name aforesaid and sealed with their common done Hhall be seal, and all acts done or matters passed upon, by the consent of J[” d l g g 5 ‘ a major part of the said Overseers for the time being, shall bind said corporation and be valid in law. April 25, 1772. 1 boylston’s charitable donations. An Act to incorporate Oliver Wendell, and others, together gt. 1802, c. 44. with the Overseers of the Poor of the town of Boston for the time being, by the name and title of the Trustees of John Boyl- ston’s Charitable Donations for the benefit and support of aged poor persons, and of orphans and deserted children. 1 St. 12, Geo. III. c. 3. Prov. Laws of Mass. Bay, 1692-1774, p. 603. On the 13th of September, 1836, the Overseers of the Poor of the city of Boston brought a writ of right, in the Supreme Judicial Court for the county of Suffolk, against David Sears and wife, to recover land in that city, which they claimed as successors of the Overseers of the Poor of the town of Boston, alleging that said Overseers were seised thereof within forty years then past. To this writ, the tenants demurred ; and, after argument by the late Jere- miah Mason and Charles P. Curtis, for the tenants, in support of the de- murrer, and by the late John Pickering (then the City Solicitor) and Sidney Bartlett, Esq. for the demandants, on the other side, the late Chief Justice Shaw delivered a long and elaborate opinion, at the March Term of the Court in 1839, in relation to the legal character and rights of the Overseers under the Act of 1772, which closed as follows : — “ On the whole, the Court are all of opinion, that the demandants were con- stituted an aggregate corporation, with perpetual and continued succession; that a grant to them of real estate, would have carried a fee without being to their successors ; that, in a writ of right, they can count only upon their own seisin, within thirty years next before the commencement of the action ; and that, not having so counted in the present case, the demurrer is well taken.” Overseers of the Poor of Boston v. Sears , 22 Pick. 122, 135. 14 106 STATUTES. Incorporation of the trustees of John Boylston’s charitable donations. 1802, 44, § 1. Bequests, &c. made by John Boylston. vested in said corporation, &c. Ibid. § . Said corpora- tion to have perpetual suc- cession, and to hold real and personal estate. Ibid. § 3. Be it enacted, &c. 1. That Oliver Wendell, William Cooper, Ebenezer Storer, and William Smith, all of Boston, and John Pitts, of Tyngsborough, in the County of Middlesex, Esquires, and the survivors and survivor of them, together with the Over- seers of the Poor of the town of Boston for the time being, and their successors ; and after the decease of the said Oliver Wen- dell, William Cooper, Ebenezer Storer, William Smith, and John Pitts, the said Overseers of the Poor of the town of Boston for the time being, and their successors forever, be, and they hereby are incorporated into a body politic, by the name and title of the Trustees of John Boylston’s Charitable Donations, for the benefit and support of aged poor persons, and of orphans and deserted children, and by that name and title shall have perpetual succession. 2. That all the bequests, devises and donations made and granted by John Boylston, late of Bath, in the kingdom of Great Britain, deceased, for the purposes above mentioned, 1 be, and they hereby are vested in the said Corporation, to be held and disposed of by them conformably to the directions of the said will : And the said Corporation shall insert among their rec- ords a copy of this act, and also of all the clauses of the said last will and testament which have relation to the said two several Charitable Donations, for the benefit of aged poor persons, and for the support of orphans and deserted children ; and in the management and disposal of the funds granted in said will, the said Corporation shall conform to, and be governed by the directions therein contained. 3. That the said Corporation shall have a perpetual succes- sion, by the name and title aforesaid, to sue or be impleaded ; to purchase and hold lands or other real estate, not exceeding the value of three thousand dollars by the year ; to hold personal estate not exceeding the value of sixty thousand dollars ; and to manage, lease, bargain and sell, or otherwise dispose of all or any part thereof, subject to the directions of the said will ; and See John Boylston’s will, post* STATUTES. 107 to do all acts as natural persons may do, as the said Corpora- 1802, 44 , §3. tion from time to time shall judge best, to carry into effect the char- itable intentions of the said will : and the real or personal estate which the said Corporation are hereby empowered to hold, shall not be considered as part of that which the Overseers of the Poor of the town of Boston are already empowered by their for- mer act of incorporation to hold, but as altogether distinct and separate from the same. 4 . That the said Corporation shall have a common seal, with shaiihavea power to break and alter the same ; and said Corporation is and may make hereby authorized to make by-laws, and private statutes and office^’ &c°° 8e ordinances, not repugnant to the laws of the land, for the better ibid. §4. government of said Corporation and its finances ; to choose a treasurer, clerk and other subordinate officers, as from time to time shall be found necessary, and all or any of them again at pleasure to displace. 5 . That all instruments which said Corporation shall law- instruments fully make by the name aforesaid, and sealed with their common SbSing.^ seal, and all acts done, or matters passed upon by the consent of Ibld - § 5 - a major part of the members of said Corporation, shall bind the said Corporation, and be valid in law. February 3 , 1803 . An Act in addition to an Act, entitled “ An Act to incorporate st. 1813, c. 171. Oliver Wendell and others, together with the Overseers of the Poor of the town of Boston, for the time being, by the name and title of the Trustees of John Boylston’s Charitable Donations, for the benefit and support of aged poor persons, and of orphans and deserted children.” Be it enacted, &c. That the Corporation constituted by an Act, entitled, * 6 An corporation Act to incorporate Oliver Wendell and others, together b?nd outdoor with the Overseers of the Poor of the town of Boston, for P er ® ons > 7 orphans, &c. the time being, by the name and title of the Trustees of John Boylston’s Charitable Donations, for the benefit and support of aged poor persons, and of orphans and deserted children,” be, and are hereby authorized and empowered to bind out in various families, or to reputable trades, or useful arts or occupations, 108 STATUTES. 1813, c. 171. * such poor persons, orphans, or deserted children, as receive, or may hereafter receive the benefit of the said Boylston’s Charitable Donations, until they arrive to the age of twenty-one years, in such manner as to the said Corporation mav seem expedient ; and for this purpose shall have authority to establish any rules and regulations, and enter into any indenture or covenant rela- tive to such objects, not repugnant to the laws of this Com- monwealth, as the said Corporation may deem necessary or expedient. February 26, 1814. st. 1823, c. 53. An Act, in addition to an Act entitled an Act to incorporate the Boston Asylum for Indigent Boys. Be it enacted, &c. Power of That the power recognized in the act to incorporate indigent boys the Boston Asylum for Indigent Boys, of the parent or Asylum sha°u g uar dian of any indigent boy or boys, to surrender in writ- he exercised by i n or him or them to the managers of said asylum, for the pur- the Overseers ° ... . J r of the Poor, poses mentioned in said act, shall, in case said boy or boys have But see 1835, n0 parent or guardian within the city of Boston, nor legal settlement in any other town in this Commonwealth, be possessed and exercised by the Overseers of the Poor of the city of Bos- ton, and that the managers of said asylum shall have the same authority and control over the boys surrendered in the manner herein prescribed, as they now have over boys surrendered by their parents or guardians. January 27, 1824. 1 1 For enactments respecting the Boston Asylum and Farm School, see St. 1813, c. 153, incorporating “ The Boston Asylum for Indigent Boys,” by § 5 of which it is enacted, “ That the board of managers, for the time being, ***** shall likewise have authority, at their discretion, to take into their asylum, such indigent boys belonging to the town of Boston, as they may judge to be suitable objects of charity, to enjoy the benefit of the institution ; and also to accept a surrender in writing by the father, or where there is no father, by the mother or guardian of any indigent boy as aforesaid, to the care and direction of said society, and to bind out in virtuous families, or to reputable trades or occupations, or to educate in such manner as they may deem beneficial, until the age of twenty-one years, any such indigent boy or boys, thus surrendered, or any such boy, who being destitute of parents within this Commonwealth, shall have been relieved and STATUTES. 109 V An Act in relation to the Overseers of the Poor of the city of st. i802, c. jo*. Boston. Be it enacted, &c. 1 . The mayor of the city of Boston, the chairman of the Board of audi- board of aldermen, the president of the common council and the city treasurer, shall constitute a board of auditors, whose ° b v .* r8e ® rB * tors to examine accounts of supported by the society : Provided , that any parent whoso child or children shall have received relief, or have been bound out as aforesaid, during the absence of such parent from this State, shall have liberty on his or her return to the State, to receive and withdraw such child or children on paying to the Treasurer of the Society the expense incurred in his or their relief and support as aforesaid. And the managers shall have authority to establish any rules and regulations for the proceedings of the board, and the concerns of said society, not repugnant to the laws of this Commonwealth, or the by-laws of said society”: Also, St. 1833, c. 135, incorporating “ The Proprietors of the Bos- ton Farm School,” § 5 of which provides, “That any boy, above the age of seven years, who shall be deemed by the directors or other officers, appointed under the authority of this act, to be a fit subject for the said school, may be admitted thereto, by them, on the applica- tion of his father, or, in case of his death or absence, of the mother or guar- dian of the boy ; and the said officers are authorized to accept from such father, mother or guardian, a surrender in writing of any such boy to the care and direction of the said Corporation ; and they may also take any other indigent boys, residing in the city of Boston, who shall appear to them to be suitable objects of this charity, and who have no parents or guardians within this Com- monwealth. All boys so taken and admitted into the school, shall be main- tained, employed and educated therein, and shall be instructed in their moral and religious duties, and in the knowledge usually communicated in the com- mon town schools. They shall also be* employed in a regular course of labor, suited to their age and their strength, in which they shall be instructed in agriculture, gardening, or such useful occupations as will contribute to their present maintenance, and tend to form in them habits of industry and order, and to prepare them to earn their own livelihood” : And St. 1835, c. 28, uniting these corporations under the name of “ The Boston Asylum and Farm School for Indigent Boys ” as their suc- cessor, the former to “ continue to exist so far only as to enable them to take any donation made to them by will or otherwise,” by § 4 of which it is enacted, “ That all the funds of said Corporation shall be managed and appropriated for relieving, instructing, and employing indigent boys. And the said Corporation shall have power to admit into their institution any indigent boy above the age of five years, at the request of his parent or guardian, and to accept from his father, or, in case of his death, from his mother or guardian, a surrender in writing of any such 110 STATUTES. 1862,204, § 1. Takes effect on passage. Ibid. § 2. St. 1864, c. 128. Overseers of Poor ; duties, rights, obliga- tions, &c. Ibid. § 1. duty it shall be to examine all the accounts, acts, and doings of the Overseers of the Poor of said city, and shall annually, on or before the first Monday of September, make report to the city council of all such matters relating to all disbursements, by said Overseers, whether as trustees of John Boylston’s Charitable Donations, or otherwise, as they may deem the public good to require. 2. This act shall take effect upon its passage. April 30, 1862. An Act concerning the Overseers of the Poor of the city of Boston. Be it enacted, &c. 1. The Overseers of the Poor in the town of Boston, incor- porated on the twenty-fifth day of April, in the year one thou- sand seven hundred and seventy-two, shall be known and called by the name of “ The Overseers of the Poor in the city of Boston,” and as such shall continue to hold and possess all the property, and be entitled to all the rights and privileges, and be subject to all the duties, liabilities, and obligations, which now belong or appertain to said Corporation, whether as successors of the Corporation above mentioned, or as successors of the Cor- poration or body politic incorporated by the forty-fourth chapter of the acts of the year eighteen hundred and two, by the title of “ The Trustees of John Boylston’s Charitable Donations, for the benefit and support of aged poor persons, and of orphans and deserted children,” including the faithful administration and ex- ecution of all the trusts, bequests, legacies, endowments and charities confided to them, which have been heretofore, or shall hereafter be, accepted by them. boy to the care and direction of said Corporation. And they may take into said institution any other indigent boys, residing in the city of Boston, who have no parent or guardian within the Commonwealth. And all boys so ad- mitted shall be maintained and employed in said institution, and shall be instructed in moral and religious duties, and the learning usually taught in the common town schools. And when of suitable age, shall be employed in a regular course of labor, and be so instructed in agriculture, or such other useful occupations, as to prepare them to earn their own livelihood.” See also, St. 1838, c. 16 ; St. 1854, c. 71 STATUTES. Ill 2. The said Overseers of the Poor in the city of Boston shall now composed consist of twelve persons, residents of the city, and be elected by the city council of said city of Boston, by concurrent vote, in the following manner, 1 within sixty days next after this act shall take effect : The said city council shall elect four persons to hold their office until the first Monday in April, in the year eighteen hundred and sixty seven, and until other persons are elected in their places ; four persons to hold their office until the first Monday in April, in the year eighteen hundred and sixty- six, and until others are elected in their places ; and four persons to hold their office until the first Monday in April, in the year eighteen hundred and sixty-five, and until others are elected in their places ; and thereafterwards annually on the first Monday in February, or within sixty days thereafter, four persons to hold their office for the term of three years from and after the first Monday in April next following such elections, respectively, and until other persons are elected in their places. Vacancies occurring in said Corporation, from any cause, may be filled by said city council, in like manner, at any time ; and the person elected to fill any vacancy shall hold his office during the term for which his predecessor was elected. The city council shall also have power, at any time for cause, to remove either of said Overseers from office. 3. The persons so first elected as Overseers of the Organization °f L the board. Poor in the city of Boston, shall meet and organize 2 on the first Officers, &c. ® Ibid. § 3. 1 Under the City Charter, prior to the Act of 1864, one Overseer was chosen by each ward at the annual meeting, and the persons thus chosen, together constituted the Board of Overseers. See St. 1821, c. 110, § 19 and § 52 of the City Charter. Laws and Ordinances (1863), p. 21. 2 City Solicitor’s Office, 46 Court Street, Boston, May 23, 1866. George S. Hale, Esq. ; — Dear Sir : I have considered the question proposed to me in your com- munication of the 17th inst., viz: Ought the Overseers of the Poor to be sworn ? It is true that the Overseers of the Poor in this city are chosen under a special act, and not in accordance with the provisions of the General Statutes, and that they are a body corporate, having powers which do not belong to Overseers of the Poor by virtue of the general law. It is also true that, while 112 ORDINANCE. 18864, 128, § 3. Monday of the month succeeding their election, and those thereafterwards elected shall meet for that purpose on the first Monday in April of each year. They shall choose a chairman from their own number, and a treasurer, secretary, and such subordinate officers as they may deem expedient, and shall define their duties and fix their respective salaries. To report to the 4. Said Overseers shall render such accounts and re- ib?d.°§4 nCl ports of their expenditures, acts and doings, as may be required by the city council, and the same shall be audited and allowed, if according to law, in such manner as the city council shall from time to time determine. oid board to 5. The present members of the Corporation shall hold exist until new * 1 * one is organ- their office until others are elected in their places, under the ibid. § 6 . provisions of this act. Overseers and persons em- ployed not to be interested in purchases or contracts, unless, &c. Ibid. § 6. 6. No one of said Overseers, nor any individual in their employ, shall be interested in a private capacity, directly or indirectly, in any contract or agreement for labor or for articles furnished by direction of said Overseers, unless the same be expressly authorized by a recorded vote of the board. Repeal of other acts. Ibid. $ 7. 7. All acts and parts of acts inconsistent with the pro- visions of this act are hereby repealed. April 2, 1864. ORDINANCE. Ordinance of June 15, 1864. An Ordinance relating to the Overseers of the Poor. Committee on Overseers to be In the month of January in each year there shall be they are invested by the act of their incorporation with these enlarged powers, they are not divested of any power, nor exempted from any duty or obligation, which pertains to the office by the general law. All general legislation in regard to Overseers of the Poor, not inconsistent with the special legislation under which you act, is, I think, applicable to your board. It is, therefore, my opinion that, as the General Statutes [c. 18, § 31] provide, without exception, that Overseers of the Poor shall be sworn, the usual oath of office ought to be taken by the “ Overseers of the Poor in the city of Boston.” I am, very respectfully, Your obedient servant, J. P. HEALY. ORDINANCE. 113 appointed a joint committee of the city council to be called the appointed. Committee on the Overseers of the Poor. Jum 2. All matters within the control and jurisdiction of the Duties of said city council relating to the Overseers of the Poor, or to paupers, or to poor and destitute persons, or to the city Tempo- rary Home, shall be referred to said committee, unless otherwise ordered by tl^ city council, and said committee shall perform such duties as are herein provided for. 3. The Overseers of the Poor shall cause to be kept, overseers to in a neat and methodical style and manner, a complete set of Form^books books under the direction of said committee, wherein shall be for inve8ted funds. stated, among other things, in detail, the mode in which all funds ibid. § 3. in their hands are invested and how secured, the amount and dates of all receipts and expenditures, and to whom and from what funds all payments of money are made, and shall preserve in a safe and careful manner all papers, property, evidences of property, vouchers, and other things entrusted to, and deposited with them. They shall also state and enter in said books what- ever other particulars said committee shall direct, relating to any property or moneys in their hands, entrusted to them or expended under their direction, so that said books may exhibit clearly, completely, and in detail, all matters connected there- with. 4. All said books, papers, and property, and the book or Books may be books hereinafter provided for, may at any time be inspected or inspected by d examined by the mayor, by said committee, or by any com- ™ C1 ^ mittee or person whom the mayor, the board of aldermen, or ibid. §4. the common council shall direct or appoint to inspect and ex- amine the same. 5. Said Overseers shall also cause to be kept in a neat and Books to be methodical style and manner, another book or set of books accounts of 1 under the direction of the said committee,- wherein shall be J^^Jioks, stated, among other things, the name, residence for as long a ibid. §5. period as can be conveniently ascertained, birthplace, occupa- tion, property or means of support, whether married or unmar- ried, name of husband and wife, number, names, residences, and occupation of children, if any, and, so far as can be conve- 15 114 ORDINANCE. June 15, 1864, §5. Overseers to report to city council quar- terly. Ibid. § 6. Overseers to make an an- nual report. Ibid. § 7. Committee shall monthly examine books niently ascertained, and shall be of importance for determining settlements or other matters, the names and residences of, and other information in regard to, the ancestors of every person to whom relief or assistance shall be given or refused, the nature and amount of such relief or assistance, and the cause or ground upon which the same is given or refused, and the source or fund from which it is taken or derived, and all other particulars or information which it is for the public interest to ‘preserve or which said committee shall direct or request, so that said book or books may present in a clear, complete, and detailed manner, and in such a form as to be readily found, all information in regard to persons to whom relief is given or refused, which may be of value to the city of Boston or the Commonwealth, now or hereafter. 6. Said overseers shall, on the first Mondays of January, April, July, and October in each year, present to the city council a br|ef and condensed report of their doings, receipts, and expenditures during the three months ending with the last Monday of the preceding month, showing in a succinct manner and in such a form and classification as they shall deem expe- dient, or said committee shall direct, their receipts and expend- itures, and the number and description of the persons relieved without naming the same, and in what manner. 7. On the first Monday of February in each year they shall submit a report of their doings, receipts, and expenditures tor the year ending with the last Monday of the preceding Decem- ber, containing under some convenient classification the facts and information comprised in their four preceding quarterly reports, together with a statement of all moneys, property or investments remaining in their hands, and such information and suggestions as they shall deem it expedient to present to the city council, or shall be requested by the mayor or city council or by said committee to furnish, and they shall, whenever requested by the mayor or city council, communicate such information as may be desired by either. 8. On the second Monday of each month said committee shall examine all said books, and ascertain whether the same ORDINANCE. 115 have been kept in conformity with the provisions hereof, whether and «emi- all payments and expenditures for the month ending on the last examine Monday of the preceding month have been legally made and l ^ e8tmentfl ’ are properly vouched, and whether relief and assistance have Junel5 » 18 w,$s. been legally granted or refused. At least twice in each year, once in the month of January, and once in the month of June, said committee shall examine and investigate the condition and investment of all property intrusted to, and deposited with said overseers. And if, on any of such examinations, it shall appear that any payment or expenditure, assistance, or relief has been illegally made or given, is not properly vouched, or due care is not taken in regard to the management, preservation, or invest- ment of said property, or that all said books are not properly kept according to the provisions hereof, said committee shall thereupon report the same to the city council for their action, and may make such reports and suggestions upon any matter as they shall deem expedient. June 15, 1864. ORDER OF THE CITY COUNCIL. IN REGARD TO A BUILDING FOR OVERSEERS OF THE POOR. Ordered : That when thirty thousand dollars shall be raised Building for by private contribution, and paid into the City Treasury, to the Poor, provide a building for the use of the Overseers of the Poor, Dec ’ 30> 1SG4, and such charitable societies as the city council may from time to time designate to be occupants thereof, the city of Boston will appropriate the said sum and such amount in addition thereto as may be necessary, not exceeding thirty thousand dollars, to the procuring of such a building, — the building, however, shall be the property of the city, and the city council shall have the exclusive right to control and dispose of it as they shall deem expedient. December 30, 1864. TRUST FUNDS , Donation of A. B.” 1. HELD BY THE OVERSEERS OF THE POOR IN BOSTON, AS A CORPORATION. At an early period, as already stated, the Overseers having received charitable bequests and donations, for the benefit of the poor, it was found necessary to give them a corporate existence. The following extracts from the Records of the Overseers em- body an early declaration of their wise views on this subject, while they furnish, also, a striking and interesting illustration of the mutations of life. Copy of a letter directed to John Phillips, Esq., Chairman of the Overseers in Boston to be communicated, which Letter was received by Col 0 . Phillips at the Meeting of the Overseers on June 4, 1760, and then communicated. Boston 6 May, 1760. Sir : As the Case of such Persons who, by the Providence of God, are reduced from a State of Affluence to a State of Poverty, must be very uncomfortable, and what may be satis- ^his donation now forms a part of the “ Pemberton or General Fund,” so called, and may be considered the foundation of the latter. All the donations and legacies successively numbered in the margin are included in this fund when it is not otherwise stated in the text or by a note. TRUST FUNDS. 117 factory to those of the poorer Sort, who have always been but in low condition, may be very uncomfortable to such Persons. Therefore it is the Desire and Will of the Donor that the enclosed sum of sixty-six Pounds, thirteen Shillings, and 4 d * be an established Fund; neither the Principal, nor any Part of it ever to be taken from or diminished on any Pretence what- ever ; the Principal and Interest to be under the Care, Improve- ment and Direction of the Overseers of the Poor of the Town of Boston and their Successors forever — Only the Interest arising thereon to be by them given to such Person or Persons of good Character who, by the Providence of God, have been reduced from affluent or good Circumstances to Penury and Want. It is not meant that this shall be a means of lessening their Share of the Town’s Bounty to the Poor, but that it be given over and above for their Comfort, — it is left to the Discretion of the Overseers of the Poor and their successors forever to secure it in the best and safest Manner for the Purposes above. And it is left with them either to take the Interest as it arises annually and apply it as above or to add the Interest to the Principal untill the Interest arising therefrom may be more, or considerably more, and then apply it as above directed. • I am, S r Y’ s , A. B. It has long been the Opinion of many wise and judicious Persons, that the Monies given by the charitably disposed to the Poor of the Town to be applied to the Relief of said Poor at the Discretion of the Overseers, instead of being immediately distributed among them, would better answer the End of the Benevolent Donors and produce a greater good by being accu- mulated into a charitable Fund, the Principal of which should remain undiminished, and the Interest only be applied to the use of the Poor, in Addition to what may be rais’d for their Sup- port by a common Tax. — A generous Benefactor to the Poor of the Town, who conceals his Name, is of their Opinion, and has prescribed an happy Method to make his noble Bounty a lasting one, as appears from his Letter transcribed above. The Overseers cannot forbear to record their Thanks to this ns TRUST FUNDS. benevolent unknown Person, and their Approbation of the Manner he has dispensed his Charity, being fully persuaded that it is an excellent Way of doing good, which they hope will be imitated by others, and as they propose to add to the Fund thus begun such Monies as shall be given to the Poor at the Direction of the Overseers, so they beg leave to reccommend to their Successors in Office a Fund from which such lasting Comfort may be derived to those who having been reduced from affiuent and good Circumstances to Indigence, demand peculiar Pity and Relief. At a Meeting of the Overseers of the Poor, June 4, 1760. — Voted : That the preceding Sum of sixty-six Pounds thirteen Shillings and four Pence remain in the Hands of John Phillips, Esq. the Interest arising therefrom to be applied by the major Vote of the Overseers to such Persons only as are described in the foregoing Letter. Copy of a Letter directed to John Phillips, Esq. to be com- municated to the Overseers of the Poor. Boston, 18th Julf. 1760. Sir : On the Sixth of May last I wrote a Letter directed to you to be communicated to the Overseers of the Poor of this Town ; in it I enclosed a Sum of Money to be applied to the Purposes set forth in said Letter. In some Company in which I happened to be about that Time the Affair was mentioned and it was hinted as though the Over- seers took the Design of the Donor to be that the Money should be applied for the Benefit of the Sufierers in the late great Fire, — What my Design is, it is needless to repeat as it is, I think, plainly set forth in the above Letter, which is quite foreign from such an Application. If the Fund is not already perfected and recorded in your Books I would with all Deference desire it may be done as soon as possible. Yours die. A. B. TRUST FUNDS. 119 Twenty-five years afterwards the following letters were re- ceived. — Boston, Dec. 16, 1785. Sir: On the 6th of May 1760, I wrote a letter to John Phillips Esq. one of the then Board of Overseers for the Poor, — With it I put into his hands £50. Stg. I think that was the Sum, This money I desir’d might be dispos’d of as set forth in the above letter, the Interest arising from it to be given to Objects of Charity who might be reduced from Affluent to depress’d situ- ation. My circumstances at present, through the operations of the times and other events, answer the above description, which Obliges me now to solicit those aids, that I once assign’d to others, — God in his all-wise Providence and unerring Wisdom has order’d my Lot amidst various scenes of distress, which leads me to petition your aid, and being inform’d that the Hon ble Board have lately had large Sums of Money put into their hands for purposes similar to the above, I do therefore Humbly apply to them for relief under my Difficulties. They, I know will feel for a friend reduced as I am. Perhaps the Gentlemen when they take up the Matter may think that as I stand in need of what I so long since appropria- ted to the aforesaid purpose, that it would be right to give back to me the principal sum, — This I can’t think of, I had rather suf- fer anything than the donation should be destroy’d. I would by all means have it operate as Originally intended, but if the Gen- tlemen should judge it proper to allow that or any other sum and consider it as part of the back Interest given to me or as a free Donation it would make me happy and I hope thankfull. Iff anything should be done it may be put into Mr. Prentiss’s hands. I hope the Gentlemen will excuse this Solicitation, which arises from the Misfortunes of one that has seen better Days. I am Gentlemen, your affectionate, but Distressed friend, A. B. P. S. For particular reasons I have all along chose and do still to conceal my Name. To Wm. Phillips, Esq. President to the Board of Overseers. 120 TRUST FUNDS. Boston, Dec. 26th, 1785. Sir : Some days past I took the freedom to write you a letter to be Communicated to the hon ble Board of Overseers requesting their aid. I am informed by Mr. Prentiss that it was the Opinion of the Board (on expressing my Letter) that they could not, with any propriety, make a donation to an un- known person, — In this they may be right, in General, but I think it is a rule that in some Instances will admit of Exception — I think my Application is of this sort. In the year 1760 a sum of Money was put into the hands of the then Board of Over- seers by a person under the Signature of A. B. and a fund proposed to be Established for the purpose of Charity under Certain Simulations — This is Evident to the board — It is likewise as Evident, that the same person that then made the Donation does now apply to the Hon bIe Board for relief, and that he is by the providence of God called to Solicit that Charity which he once little expected to want, that he is known to one who is a member of the Board, therefore with Submission judges that every-thing is known that is necessary to give a Sanction to a Donation thus Circumstanced, and that no one can possibly blame the board for such a proceeding. It may be thought something particular in me that when my Circumstances are so pressing, that I would rather suffer than let my name be known, but when I first made the Donation there was but one person (and he a member of the Board) that was privy to it. I did not wish to make a boast of my Generosity, if I could be a means of Establishing a fund (tho’ of small beginnings) for the pur- pose set forth in my letter, and that it might be a means to stimu- late others to do the like — this was all I wished, and that it has had this effect is evident by the Donations of a like kind, that have since taken place. I still choose to keep myself unknown, for reasons that are of weight with me. My situation at present is very difficult and the donation requested wou’d be of more service to me now than perhaps at any other period, and should the Hon ble Board grant my request, I hope I should retain a Gratefull remembrance of it, but if otherwise, I wish quietly to acquiesce in this, and TRUST FUNDS. 121 every Dispensation of Infinite Wisdom whose decrees, however afflicting, are design’d in Mercy ! I am Sir, with respect and Esteem, Yr. Sincere friend and Huml. Servant, A. B. WM. PHILLIPS, Esq. President to the Board of Overseers. At a Meeting of the Corporation of the Board of Overseers, Jan. 7, 1786. Yoted — That the Treasurer be desir’d to give the following persons out of the Interest Money in his hands to ; — vizt : — Granted ; Forty pounds to A. B. known by the Board to be the person who under that Signature gave £66.. 13.. 4, into the hands of the Overseers, as will appear by his Letter on Record, dated May 6, 1760, he being now Reduc’d and is a real Object of that Charity which his benevolence first Instituted, as will more fully appear by his two letters to the Board dated Dec. 16th, and 26th, 1785. Also June 12, 1786, $100. April 1, 1789, Thirty pounds. Lawfull money The acts by which the Overseers are now incorporated for the purpose of holding charitable bequests and donations have been already inserted. 1 The following are statements of donations, or extracts from the wills of various charitable persons, by which bequests have from time to time been made, and from the Records of the Overseers relating to the same. From the will of the Hon le Daniel Oliver, Esq r . of Bos- ton, Merchant, proved August 7th, 1732. Prob. Rec. Yol. 31, page 29. 2 “ I dispose of the remainder of my Estate as follows, viz : — Impri. I give and bequeath my house adjoyning to Barton’s Rope walk, called Spinning house, with the Lands as now 1 Ante pp. 103 — 112. 2 These references, when not otherwise indicated, are to the Suffolk Regis- try of Probate. 16 II. Devise of Daniel Oliver. 122 TRUST FUNDS. fenc 1 in about fifty feet square, with all the Proffits and In- comes of it ; as it now stands in my Book, (since built) forever to be improved for learning poor Children of the Town of Boston to read the word of God, and to write if need be, or any other work of Charity for the publick Good, ac- cording to the discretion of my Executors and Executrix here- after mentioned, with ye advice of the Ministers of ye Brick South Meeting hous and their Successors, and at the Deceas of my s d Exec s and Executrix to be put into the hands of the Selectmen or overseers of ye Poor of the Town of Boston, as the Minister or Ministers of the said South Brick meeting hous shall advise, to improve s d Charity for s d publick use and no other, according to the Design of the Doner.” Petition for Authority to Sell said Estate. To the Hon e the Senate and the Hon ble the House of Re- presentatives for the Commonwealth Massachusetts in General Court assembled. The Petition of the Overseers of the Poor in the Town of Boston. Humbly sheweth. That by the Will of the late Hon ble Daniel Oliver, Esq r , an Extract of which is hereunto annexed, a certain House in Boston, with the Land thereto appertaining, was bequeathed, for the Sole Purpose of Educating Poor Children, and it appearing to your Petitioners, on whom the Care and improvement of the Premis- ses and the Execution of the Will of the Donor is now devolved, that, from the Circumstances of the said House, the laudable Intention of the Donor would be much better accomplish’d by the Sale of the said House and land, and placeing the Proceeds thereof upon some other Foundation, they therefore pray your Honors to permit the said House and Land to be sold, and to direct such disposal of the proceeds as shall to your wisdom seem best Calculated to carry the Design of the Hon ble Donor into full Effect. And your Petitioners, as in Duty bound, shall ever pray. WILLIAM PHILLIPS, Chairman. TRUST FUNDS. 123 Resolve . Commonwealth of Massachusetts. In the House of Representatives, 13 th February, 1783. On the Petition of the Overseers of the Poor of the Town of Boston. Resolved ; That the Corporation of the Overseers of the Poor of the Town of Boston be and they hereby are authorized and empowered to Sell the real Estate bequeathed to them for the Purpose of Educating Poor Children, by the last Will and Tes- tament of the late honorable Daniel Oliver, Esq r deceased, and to make and execute a good and sufficient Deed of the same in Fee Simple. And it is further : Resolved ; That the Corporation aforesaid put out the Pro- ceeds of Sale of the said real Estate to Interest on Landed Secu- rity and appropriate and use the annual Income thereof for the Instruction of poor Children in Reading the Word of God, and writing if need be, agreeably to the Design and Intent of the aforesaid Testator. Sent up for concurrence, TRISTRAM DALTON, Spkr. In Senate, Feb’ry 13 th , 1783, Read and Concurred, Approv’d S. ADAMS, Presidt. JOHN HANCOCK. From the will of Margaret Blackador or Blackader, of Bos- m. Legacy of ton, proved July 12 th , 1755. Prob. Rec. Yol. 50 page 200. Bkckackr “ I give and bequeath to the poor of the Town of Boston the Sam of Twenty-Six pounds, Thirteen Shillings, and four pence lawfull Money, to be paid to the Overseers of the poor of the same Town.” At a meeting of the Overseers held June 4 th , 1760, it was Voted, That the sum of Twenty-six pounds, thirteen shillings and four pence, now in the hands of John Phillips Esq., left by 1*24 TRUST FUNDS. the late Mrs. Margarett Blackader to the Poor of this Town, and paid by her Executors into the hands of the Overseers, to be dispos’d of according to their best discretion, be applied to the same use, and remain an inseparable part of said Fund. 1 Donation by letter in 17G0 of John Scollay, former Chair- iv. Donation of man of the Selectmen’s Board, for persons reduced from atflu- john scollay. ence ^ 0 f g 00( j character. $222.22. The principal as well as the interest of this donation appears to have been paid out. From the will of Alice Quick of Boston, proved Nov. 13th, V. Legacy of 1761. Prob. Rec. Yol. 59, page 210. “ I Give to the Poor of the Town of Boston, to be paid to the Overseers of the Poor, the Sum of Twenty-six pounds, thirteen Shillings and four pence lawful Money of this Province.” At a meeting of the Overseers, March 16th, 1763. Voted : That John Barrett, Esq. the present Chairman be desired to receive of John Phillips Esq. the several Legacies and a Donation in his^iands given for the use of the Poor of the Town, viz : — The late Mrs. Blackader’s Legacy, Mrs. Quick’s do A donation from a person unknown, A. B. Interest rec’d. of Col°. Phillips, £26.13.4. 26.13.4. 66.13.4. £ 120 . 0 . 0 . 20.9.10, £140.9.10. March 31, 1763. In Consequence of the above'Vota, John Barrett, Esq. received of John Phillips, Esq. the following Treasurer’s notes, &c. viz : — 1 This vote was passed in connection with the vote on p. 118, in regard to the donation of A. B. TRUST FUNDS. 125 A Note dated April 29th, 1762, Do do Do. dated August 6th, 1762, Do. dated October 31 9t , 1762, £ 66 .— 3 M 13. — 14. — £ 128. — Cash, 12.9.10 £140.9.10 N. B. The Interest of the above Notes as it becomes due, belongs to the Poor. From the will of Mary Ireland, proved Oct. 7, 1763. Prob. VI - Legacy ^ L and devise of Rec. Vol. 62, p. 225. Mary Ireland. “ Item. I order that all the Moneys, arising from the Sale of my estate aforesaid, together with what Cash I may have by me at my decease or that maybe afterwards received, (debts and legacies aforesaid being first paid,) be put out on Interest by my Executors hereafter named, they taking good land security for the same, and that the interest thereof be annually paid to my said Sister Ann Staats, and this to be for her comfortable support during her natural life. 1 Item. After the decease of my said Sister Ann Staats I give devise and bequeath unto the poor of the Town of Boston the principal Sum aforementioned, together with any other estate of mine, real or personal, to be paid or delivered to the Over- seers of the poor of said Town for the time being, and my special will and order is that the Overseers aforesaid put the said moneys out on interest, taking good land securitys therefor, one half of the interest arising on the same to be annually . added to the capital sum, and this for the term of twenty years, said term to begin from the death of my sister aforesaid. My further will and order is that the other half the interest money during the said term shall be either added to the 1 Ann Staats lived probably until 1772, the date at which the Legacy was received. 126 TRUST FUNDS. principal or given for the assistance, relief and comfort of thel pj>or of such condition and character as I shall here- uncTernlescribe, and after the expiration of said term the whole interest that may arise to be annually disposed of in the same manner forever, leaving it with said Overseers to determine who are the proper object or objects of this charity, taking the following discription of them for their guide to such determination, viz 4 : Persons who, by the providence of God have been reduced from a state of affluence or easy and comfort- able circumstances to the reverse of all this, and who at the same time maintain a character not unbecoming the gospel of Jesus Christ, or the children of such deceased parents as bore this character, and who may require a little assistance in their edu- cation or some support during that time. Item. My Will and intention is that the aforesaid charity of mine should never be construed as intended to superscede or take off any assistance the town may or would afford such per- sons or children as I have above discribed but shall always be considered as designed to be over and above all such help and assistance.” Boston, March, 1772. At Meeting of the Overseers of the Poor at Work-house Hall, John Barrett, Esq., their Chairman, reported that Thomas Gray, Esq r ., one of the Executors of the last will and testament of Mrs. Mary Ireland, late of Boston, Widdow, deceased, inform- ed him he was now ready to pay him the legacy she left to the Poor of the Town of Boston, to be deposited in the Overseers hands. But, as the Overseers were not incorporated, they could not take any real Estate into their hands, and as sundry other Persons have left legacys for the use of the Poor of said Town, the Overseers unanimously agreed to Petition the General Court at their next Sessions for an act to make the Overseers of said Town of Boston a Body Corporate for said Purpose. Petition . To His Excellency Thomas Hutchinson, Esq r , Governor and TRUST FUNDS. 127 Commander-in-chief in and over the Province of the Massachu- setts Bay, The Honorable His Majesty’s Council and the Hon- orable the House of Representatives, in General Court assem- bled, April 8th, 1772. The Petition of John Barrett and others, Overseers of the Poor of the Town of Boston. Humbly Sheweth. That many charitable disposed Persons have given and be-: queathed considerable sums of money and other Interest and Estate to the Poor of the Town of Boston and their use, and many other Persons are well inclined to make charitable dona- tions to the same good purposes, but, your petitioners the Overseers of the Town of Boston not being incorporated, the good intentions of those who have made, and of those who incline to make such charitable donations have been either wholly frustrated or not carried into effect, wherefore your petitioners humbly pray that the Overseers for the time being of the Poor of the Town of Boston may be created, made, erected and incorporated into a body politick, by the name of the Overseers of the Poor of the Town of Bo^n in New England, and that they and their successors in Said -office may have a perpetual succession by said name, for the purposes before mentioned ; as in duty bound shall ever pray. JOHN BARRETT. WILLIAM PHILLIPS. BENJAMIN DOLBEARE. WILLIAM WHITWELL. WILLIAM GREENLEAF. WILLIAM WHITE. JOHN LEVERETT. JOHN GORE. SAMUEL PATRIDGE. SAMUEL WHITWELL. SAMUEL ABBOT. DANIEL WALDO. 128 TRUST FUNDS. VII. Donation or legacy of Anne Wheelwright. VIII. Legacy of Benjamin Pemberton. An act was passed incorporating the Overseers, 1 and their first meeting under this act was held at Workhouse Hall, June 16th, 1772, “In Conformity to a Law of this Province to make them a Body Corporate for Purposes therein expressed.” John Barrett, Esq. was chosen Treasurer, and John Leverett Esq. Clerk. William Phillips appears to have acted as Chair- man. At a meeting of the Overseers June 6 th , 1764 : — They then receiv’d Ten Guineas, being a Donation of Mrs. Anne Wheelwright, lately dec’d, to the Poor of the Town, to be disposed of by Direction of the Overseers. Whereupon, Voted, That John Barrett, Esq. the present Chairman be desired to receive it to be added to the Fund already in his hands. From the will of Benjamin Pemberton, Esq., of Roxbury, in the county of Suffolk, proved June 25th, 1782. Prob. Pec. vol. 81, p. 146. ‘ * After all the within bequeathed Legacies, and other Demands upon my Estate are discharged, the whole Surplusage and Amount of what- shall then be remaining of my Estate I hereby give and bequeath unto the Overseers of the Poor of t^| Town of Boston, and to their Successors in said Office, for the Time being, upon this special Trust & Confidence, namely the same Surplusage and Remainder of my Estate to be by them put to Interest on good Security, and the yearly Income thereof be, by said Overseers of the Poor, from Time to Time, given to and applied for the Relief and Assistance of such Person or Persons, who, being of good Characters, and have by misfortune fallen from comfortable Circumstances to Indigence and Want, so as to become proper objects of such Charity in the Opinion of said Overseers, in such Sum or Sums, as they shall think proper, leaving the whole Disposal of such Income for the Purpose above mentioned to the management and Direction of the said Overseers. 1 Ante p. 103. TRUST FUNDS. 129 The following is extracted from the Account of Sam 1 Whit- well and Jon a Mason, Executors of the will of Bert Pemberton. Prob. Rec. Vol. 82, p. 335. Smndry Bonds, Notes, Publick Securities &c &c, d’l ,d into y e Hands of y e Overseers of y e Poor of y e Town of Boston, Viz 11 . Continental Treasury, by Mr. Hellegas, Viz 1 . 1 Note dated 1 st Ap 1 1777, N° 448 for 400 Dollars £120.-.- Interist* on ditto £10.4.9 1 Note dated 26 Ap 1 1777, N° 1536 for 300 Dollars 90.-.- u u cc 7.6.8* 1 Note dated 27*June 1777, N° 1622 for 400 Dollars 120.-.- u u cc 15.14.9* 2 Notes dated 9 th Sept" 1777, N° 775 and 776 for 2000 Dollars 600.-.- u a a 71.10 0 1 Note dated 18 June 1778, N° 1776 for 500 1 Note ditto ditto N° 1777, 500 1000 Dollars is worth by the r scale 350 Doll rs and 15-90 th ( 105.1.- u u u 13.19.2£ 1 Note dated 21 July 1778, N° 4524 for 300 Doll rs worth by y e Scale 27.3.6 66 66 66 3.9.3 1 Note dated 21 April 1778, N° 5759, j 1 ditto 5760, 1 ditto N° 5761 for 200 \ 81.15.9 66 66 66 11.12.6* Dollars E a worth by the Scale State Treasury Notes by H. Gardner, Viz 4 1 Note dated June 1 st 1777, N° 62 1 1 for £ 127.-.- ditto ditto N° 140 for 50.-.- ditto ditto N° 141 for dt o j *i ditto ditto N° 249 for 99.-.- 326.-.- 66 66 66 83.6.6i 1 Note dated Nov* 26 1777, N° 584 14.-.- 66 66 66 4.-2 17 Notes dated 1 st Jan? 1782, from ) 1700.-.- 66 66 66 94.1.4 N° 4056 to 4072 Each Note for £ 100 ' 1 ditto dated ditto N° 4073 50.9- u 66 66 3.1.6 John Gill’s Note Hand dated Jan? 5 1782 63.—.- ii 66 66 6.5.10 Abijah Brown, Peter Ball and Abner Saunderson’s Bond 103.6.8 66 66 66 2.15.2 Brown, Ball and Saunderson’s ditto — * 40.-.- 66 66 66 1.1.4* 1 The periods for which interest is calculated, in the original account, are omitted. 17 130 TRUST FUNDS Henry 'Williams Bond 220.-.- “ ii ii 18.15.5 Stephen Williams Note 50.-.- “ ii ii 4.5.4 Lemuel and Benj n May’s Ballance of their Bond 72.-.- a ii ii t 25H5.9 Jotham Bellows and John Rich, Ballance of Bond 86.19.8 a “ 1.5.9| Abijah Gale, Step n Maynard and Peter Ball’s Bond 120.-.- a ii ii 1.14.- John Keyes, Ballance of his Bond 250.-.- “ ii ii 18.16.8 Jeremiah Green, Ballance of his Bond 21.4.9 a ii ii 4.17.81 Enoch and Oliver Wiswell’s Bond 14.8.- a ii ii 17. Hi Oliver Wiswell and John Cliampney’s Bond 20.-.- a ii ii 15.44 John Sellon’s Bond 150.-.- a “ 8.12.6 John McClench’s Bond 200.2.- a 30.12.2i Joseph Headly and Joseph Adams Bond 60.-.- u ii ii 21.17.- John Morey Jun r > Ballance of his Bond 93.17.- u ii ii 8.— .- Joseph Curtis Note 18.-.- “ “ ii 1 9. ni Ichabod and David Gay’s Note 20.-.- a ii ii 2.— .- Lemuel Child’s Note 100.-.- u ii ii 1.5.- Peter Ball’s Note 21.-.- ii 2.7.3i John Child and John Child Jun r - Note 100.4.- u ii ii 3.5.11 Joseph Brewer, Notes 2.15.7 27.14.- 30.9.7 ii ii ii 12 . 2.114 Aaron Jones and Ephraim Woodson’s Bond 40.-.- ii “ ii 9.13.4 Miss Minot’s Account for Rent due 47.9.- £5176.9.11 £ 506.18. 64 6176.9.11 Debts Due from Absentees. Sir Francis Barnard’s Ballance to July 1781 Sterling £1162.13.6 * ditto from July 17, 1781 to June 11 th 1782 at £ 150 Sterle p* annum 135. — .- £ 1297.13.6 Adv 334 to make it Lawfull 432.11.2 1730.4.8 Thomas Flucker Esq r Note, Interist paid to 1774, for 200. — .- Samuel Quincy Esq" Note, Interist paid to 1774, 100. — .- Samuel Quincy Esq r Note, Interist paid to 1774, 50.—.- £2080.4.8 2080.4.8 TRUST FUNDS. 131 Debts Supposed to be Bad. Richard Saltonstall Note dated 15 th March 1754 £ 15. — .— Jeremiah Gridley’s Note d° May 18 th 1757 6.13.4 John Harvey’s Note d° Oct r 26 1767 5.10.- Samuel Mansfield Bond and Mortgage £ ^ for 445 Dollars, Interist paid to!761, 5 Francis Goff’s Note dated October 27, 1774 14.-.- £ 174.13.4 174.13.4 Treasurer Gardner’s Certificates, one for eight c Dollars, one for Six ditto, one for Sixteen ditto ( Pews in the Meeting House at the 3 d Parrish in 9.— .- Roxbury — 13 pews on the lower floor valued at £ 10. — Each 130.-.- 5 pews in the Gallary d° a 24* d° 6.-.- £ 8083. 6. 5£ Massachusetts New Emmission paper Dollars 63 Old Continental paper Dollars 1021 2 Ticketts in y e 4 th Class of y e United State Lottery N° 3146 and N° 2923. From the will of Martha Stevens, proved Sept. 13. 1785. ix. Legacy of Prob. Rec. vol 84. page 274. . Seven*. “ To the Overseers of the Poor in Boston and their Succes- sors in said Office Three hundred pounds, the Interist of which to be annually given to the descendents of such reputable Familys as may be so reduced by the providence of God as to want some assistance to prevent their becoming a Town charge.” From the will of David Jeffries, Esq., proved Jan. 3. 1786. x. Devise of Prob. Rec. vol. 85, p. 1. David Jeffrie,. “ Item. Forasmuch as the Town of Boston have done me the Honour of electing me to the Office of Town Treasurer in con- stant Succession from the Year of our LORD 1750 to 1781 in- clusive ; and whereas the said Town of Boston have also honoured me with their Suffrages for the Office of Treasurer for the County of Suffolk since the year 1778, my Will is & I do give devise & bequeath to the said Town of Boston two hundred Acres. o£ my Lands at Kennebeck, viz 1 : the Lott of Land in pond 132 TRUST FUNDS. XI. Legacies and devise of John Boylston. 2. Town (so called) in the County of Lincoln , being one Mile long, & one hundred poles wide, & contains two hundred Acres, more or less, & is Called Lot Number Thirty-nine & was assigned me by the Kennebeck proprietors , as p. their Vote & Grant, the 12 th day of December 1770, & their plan dated June 11, 1766 may more fully appear; the s d Land to be wholly under the Care and direction of the overseers of the poor for the Time being, or of the major part of them, who are hereby authorized & impowered to Sell, or let, or otherwise improve the said Land, as they shall judge to be most for the Benefit of the Town ; the Monies or profits arising from the Rent, or the Interest of the money arising from the Sale of said Land to be applied annually, & forever to purchase Tea, Coffee , Choco- late & Sugar for the Refreshment of those persons who in the providence of GOD, are, or shall be reduced & obliged to take Shelter in the Almshouse after having lived reputably ; the Overseers of the poor to be the Judges T as to the persons, but always giving the preference to the pious Poor.” 1 2 N. B. The above mentioned 200 acres of Land were sold, and the proceeds, viz. 500 dollars in specie, received of Stephen Osgood. This sum, with subsequent accumulations, constitute the Jeffries Fund, which now amounts to $ 1,000. Copy of the larger part of the will of John Boylston, Esq. of Bath, in Great Britain, proved June 12, 1795. Prob. Rec. Vol. 94, p. 17. “ I, John Boylston, late of Boston in the County Suffolk and Province of the Massachusetts Bay in New England, in North 1 These terms of the bequest must, it seems to me, be literally complied with. It matters not that the recipients of this charity would be provided with the same necessaries or luxuries, at the public expense, but for this provision, and that they derive no benefit from the bequest. The articles purchased with the proceeds of this fund should, I think, be consumed in the Almshouse. J. P. HEALY, City Solicitor. 2 These legacies now constitute the Boylston Relief and Boylston Education Fund, respectively, held by the Overseers under the Act of Feb. 3, 1803, and the Acts in addition thereto. For this Act, see p. 105, and for the present amount and investments of the funds, see post. TRUST FUNDS. 133 ^ * America, but now residing in the City of Bath in the County of Somerset, Merchant, being of sound and disposing Mind Memory and Understanding, Do make Publish and Declare this my last Will and Testament in manner following, (that is to say) I direct that all my Just Debts and Funeral Expences shall be Paid as ^on as may be after my Decease, (and which ffuneral Expences shall not exceed Thirty Pounds of lawful Money of Great Britain). And I direct that my Body be carried to the Grave by Six Poor Men, and not in a Herse ! I also direct that one Guinea be given to each of the Masters and Mistresses of the Sunday Schools in Bath as an Encouragement for their dili- gent Instruction of the Children under their Care. Item, I give and bequeath to my worthy Friends William Cooper, William Smith, Oliver Wendell and Ebenezer Storer, all of Boston aforesaid, Esquires, and to the Survivors and Survivor of them, and to such new Trustee or Trustees as shall be chosen as hereafter mentioned, the Sum of One Thousand Pounds of law- ful Money of Great Britain, Upon this Special Trust and Confi- dence, nevertheless, that they the said William Cooper, Wil- liam Smith, Oliver Wendell and Ebenezer Storer do and shall lay out and invest the said Sum of One thousand Pounds in the Treasury of the said Province of the Massachusetts Bay, or otherwise at their best discretion, and shall and do, Yearly and every Year, or oftener if they shall think fit, pay and distri- bute the Interest to arise and accrue from the said One thousand pounds unto such poor and decayed Householders of the Town of Boston of either Sex not under the Age of Fifty Years, as they in their discretion shall think fit, being Persons of Good Charac- ter and reduced by the Acts of Providence and not by Indo- lence, Extravagancy or other Vice, (Preference always being given to the nearest Relations of me the Testator any-where residing. ) And it is my Mind and Will that the said Charity be not too generally extended but Confined to such a Number of Proper Objects as to make it really beneficial to those on whom it is bestowed And that my said Trustees and the Sur- 1 This requires, in my judgment, that the recipients should be, or have been householders in Boston. Preference should be given to the relatives of the 134 TRUST FUNDS. 4 4 vivors of them and such new appointed Trustees as hereafter mentioned shall and do continue to distribute the Interest of the said One thousand pounds in manner aforesaid for ever, Subject to the Proviso hereafter mentioned, (that is to say) Pro- vided always and it is my Mind and Will that in Case at any time hereafter any Body of Persons or Trustees shall be Incor- porated and Established by any Law or Laws of the said Province of Massachusetts Bay for Charitable purposes similar to what are hereinbefore mentioned, that then and as soon as 6uch Establishment shall be made by Law, I do order the said William Cooper, William Smith, Oliver Wendell, and Ebenezer Storer and the Survivors of them and such new appointed Trustees or Trustee to be nominated and chosen as hereafter mentioned, to pay or transfer the said One thousand pounds or the Securities in which the same shall be invested, and also the Interest thereof remaining unapplied, unto the Officers of such Corporation appointed to receive the same, to be held and en- joyed by such Persons or Trustees as shall be so Incorporated and Established by such Law, and their Successors forever, for the purpose of Carrying such Charitable Design into Execution. Item. I give and bequeath to the said William Cooper, Wil- liam Smith, Oliver Wendell, and Ebenezer Storer and the Survivors and Survivor of them and such new appointed Trus- tee or Trustees as shall be chosen as hereafter mentioned the further Sum of One thousand Pounds of like lawful Money ; Upon this Special Trust and Confidence, that they the said William Cooper, William Smith, Oliver Wendell, and Ebenezer Storer and the Survivors of them, and such new elected Trustee or Trustees as hereafter mentioned shall and do lay out and In- vest the said Sum of One Thousand Pounds in the Treasury of the said Province of the Massachusetts Bay or otherwise at their best Discretion, and shall and do Yearly and every Year for ever testator, if such there be who fulfil the conditions of the bequest, in the distri- bution of this charity ; but no relative of the testator can share in the proceeds from this fund, unless he or she is, or has been an householder in Boston, and otherwise comes within the description of the testator. J. P. HEALY, City Solicitor. TRUST FUNDS. 135 pay the Interest and Profits to arise’ from the last mentioned Sum of One thousand Pounds unto the Overseers of the Poor of the Town of Boston, to be applied by the said Overseers for the Nurture and Instruction of poor Orphans and deserted Children of the said Town, (that is to say) for the purpose of Cloathing, Feeding and Teaching such Orphans until they shall severally attain the age of Fourteen Y'ears and no Longer, when, if not before, they are to bind them out to such useful Arts and Business as they may be capable of, at the discretion of the said Overseers, Subject to the Proviso next hereafter mentioned, (that is to say) Provided always and it is my Mind and Will that in Case at any time hereafter any Body of persons, Trustees, shall be Incorporated and Established by any Law or Laws of the said Province for the Support and Education of such poor Orphans and deserted Children of the Town of Boston, that then in such Case, as soon as such Establishment shall be made by Law, I do direct my said Trustees and the Survivors of them and such new elected Trustee or Trustees as hereinafter mentioned, to pay or transfer the said One thousand Pounds or the Securities in which the same shall be Invested, together with the Interest remaining in Hand, unto the officers of such Cor- poration appointed to receive the same, to be holden by such Corporation and their Successors forever for the Uses and Pur- poses last aforesaid. Item, I give & bequeath to my two Executors, Moses Gill and John Pitts of Boston Esquires, the Sum of Four hundred Pounds of lawful Money of Great Britain, upon trust to place the same at Interest in such manner as they shall think fit, and to pay the Interest of the said Four hundred Pounds, as the same shall arise and become payable, to my Sister Mary Boylston for and during her Natural Life, and upon the Death of my said Sister Mary Boylston, I give the said Four hundred Pounds, together with all the Interest that shall become due for the same from the Time of her de- cease, to the said Trustees, upon such and the same Trusts, and to and for the same Ends, purposes and Intents as are here- inbefore Mentioned with respect to the two several Sums of One thousand Pounds, and One thousand Pounds hereinbefore by me 136 TRUST FUNDS. bequeathed for the Benefit & Support of the said Aged Poor Per- sons, Orphans and deserted Children, in equal Moieties — And it is my further Mind and Will, that when, and as often as any one of my said Trustees shall depart this Life, that then, and in such Case, in order to keep up a sufficient Number of Trustees the then Surviving Trustees, or the Major Part of them, do, (as soon as may be) Choose some other able, fit and discreet person to be a Trustee with them to make up the number of ffour, And thereupon the Surviving Trustees shall Transfer all and Singular the said Trust Money and Effects, and renew all the Securities remaining with them by Virtue of this my Will, in the Names of them the said Survivors and such other Person as they shall name to be Trustee with them their Executors and Administrators ; To hold upon Trust for the Performance of this my last Will and Testament, and then my Will is that the Old and New Trustees, the Survivors and Survivor of them, shall, to all Intents and Purposes, have the same Power and Authority and be in and supply the place of all my Trustees first named, and this from time to time as often as there shall be Occasion, (that is to say) when and as often as any of them shall dye and there shall remain any Trust unperformed, the Survivors may take the like Course as aforesaid and fill up the Number with another fit Person until all the said Trusts be Per- formed. And it is my Mind and Will and I do hereby direct that my Trustees hereinbefore named, or such new Trustee or Trustees as shall be so appointed as aforesaid, or my Executors hereafter Mentioned, shall not be answerable any one for the other or others of them, but each of them for himself only and for his own Act and receipt only, nor shall my said Trustees, any or either of them, be chargeable or Accountable for any loss that may happen by the Investing or laying out the said Lega- cies or either or any Part of either of them, at Interest, from time to time in pursuance of the Trusts hereby reposed in them, nor with or for any involuntary Loss which shall or may happen to any of the said Trust Monies without their respective Wilful Default ; and that they my said Trustees and Executors shall not be answerable for any more than what they shall actually TRUST FUNDS. 137 receive ; and that it shall and may be lawful to and for my said Trustees and such other Trustee or Trustees as shall be so appointed as aforesaid, and for my said Executors respectively, by and out of the said Trust and other Money which shall come to their Hands to deduct and retain for themselves all such Costs, Charges & Expences as they or any of them shall or may sus- tain, suffer or be put unto by reason of the Trusts hereby in them reposed or of any Matter relating thereto. Item ; I give and bequeath to my said Executors at Boston, the Sum of Five hundred pounds of like Money upon Trust, to place the same at Interest in such manner as they shall think fit, and to pay the Interest of the said Five hundred pounds, as it shall become due, to my Nephew, Gillam Tailer, for and during his natural Life, and upon the Death of my said Nephew Gillam Tailer, I give the said Five hundred pounds, together with all the Interest that shall become due for the same from the time of his decease, to the said Trustees upon such and the same Trusts and to and for the same Ends, purposes and Intents as are here- inbefore mentioned with respect to the two several Sums of One thousand Pounds and One thousand pounds herein before by me bequeathed for the Benefit and support of the said Aged Poor Persons, Orphans and Deserted Children in equal Moieties. * * * * * As for and concerning all the rest and Residue and Remainder of my Estate and Effects whatsoever, both real and Personal, I give devise and Bequeath the same to my Executors hereinafter Named (except the following Legacies) To hold to them, their Heirs, Executors, Administrators and Assigns upon such and the same Trusts, And to and for the same Ends, Uses, Intents and Purposes as are hereinbefore men- tioned with respect to the two several Sums of One thousand Pounds and One thousand Pounds by me bequeathed for the Benefit and Support of Aged Poor Persons, Orphans, and Deserted Children, in equal Moieties. And, as my Affairs in Great Britain make it unnecessary to Employ more than one Person here for Executing my Requests after my Decease, I do appoint the said Harry Daniel Mander Esq r to be my Sole Trustee, requesting him that my Body, being born by Poor Men early in the Morn- 18 138 TRUST FUNDS. ing, [be] interred in a decent and frugal Manner in the nearest Parish Church Yard, with a Grave Stone Inscribed, viz — “ Here repose the Remains of Mr John Boylston, of Boston in New England, who Died in the Humble Hope of a Happy Immortality, Aged Years (I was Born in 1710) — I do Request that, after my Decease, my said Trustee Harry Daniel Mander would take the first Opportunity to advise The Honourable Moses Gill and John Pitts Esquires, my Executors at Boston, of that Event, Whom I do appoint to be Executors of this my Will for the Management of my Affairs in America ; And I do Give to each of them and to my said Trustee Harry Daniel Mander Esq r Twenty-five Pounds of lawful Money of Great Britain. And I also give to each of my said Trustees, William Cooper, William Smith, Oliver Wendell and Ebenezer Storer Twenty- five Pounds of like Money for his and their Care and Trouble in Carrying the Trusts of this my Will into Execution. And, hereby revoking all former and other Wills by me at any time heretofore made, I do declare this to be my last Will and Testament. In Witness whereof I, the said John Boylston, have to this my last Will and Testament, and to a duplicate thereof, each contained in Six Sheets of Paper, to the first five Sheets Set my Hand, and to the Sixth and last Sheet Set my Hand and Seal this Twenty- Second Day of February in the Year of our Lord One thousand seven hundred and Ninety-three. JOHN BOYLSTON (L. S.) Signed, sealed Published and declared by the ^ said Testator John Boylston as and for his last I Will and Testament in the presence of us, who, I in his Presence and at his request and in the Pres- j ence of each other, have Subscribed our Names as | Witnesses thereunto — J HENRY BARNES of Bristol OZIAS GOODWIN, ROBERT EMERY The first record of the Donations of John Boylston is made Deoember 30, 1807, and includes both Education and Relief funds, as follows : — TRUST FUKDS. 139 / in the Clerk’s Office 2 bonds Moses Gill, 27,168.00^ in the County of (. Worcester. $17,141.27 3 p.c. Stock, cost 10,017.72 Cash in hands of Treasr. 205.61 $37,391.33 Dec. 31, 1816; The Accounts were separated, and amount as follows : Relief $ 24,430.02 Education $ 25,259.97 Each of these accounts contained an item, of Gill’s bonds amounting to $ 13,584,” which proved worthless. From the Will of Jonathan Mason, proved July 15, 1798. Prob. Rec. vol. 96, p. 223. ‘ ‘ I give and bequeath to the Town of Boston the Sum of One thousand dollars, to be paid to the Overseers of said Town and by them laid out in the Public securities of the United States, the interest of which Sum annually to be given to the stand- ing Chaplain of the Alms house and Work-House, or by what- ever other name called, and untill there shall be one regularly appointed, I desire and direct that the interest be annually added to the principal, and when so appointed, the annual in- terest of the whole Sum to be given as above.” March 6, 1800. Rec’d of Mr. Bowen a donation of 13 dols., being so much collected by him at his Museum for the Benefit of poor. May 29, 1813. Rec’d of Justice Gorham half the amount of three fines assessed on persons smoaking cigars in the Streets, Three dollars. Sept. 26, 1810. .Received of S. Gorham, Esq. one half the amount of a fine incurred by Wendell the Baker for light Bread, $5.00. XII. Legacy of Jonathan Mason. (1) XIII. Dona- tion of Mr. Bowen. XIV. Fines from Mr. Justice Gor- ham. 1 This now constitutes the Mason Fund. 140 TRUST FUNDS. XV. Legacy o Samuel Dexter. XVI. Legacy of Mrs. H. Driscoll. From the Will of Samuel Dexter, proved May 7, 1811. Worcester Prob. Pec. vol. 39, p. 391. “ I give to the Overseers of the Poor of the Town of Bos- ton, 1 2 where I was long an Inhabitant, Three hundred & fifty dollars, being desirous to contribute a mite towards a fund for supplying with Firewood or Coal, such poor persons, objects of charity, as are not supported in the Alms-House, though sometimes relieved by the Overseers ; a having often, when one of that body, seen instances of such persons being in distress for want of Fuel in the Winter season, and having divers years ago been shown the sketch of a plan for raising such a fund for their Benefit ; I order the Money to be paid, eighteen months after my decease, into the hands of said Overseers, the interest to be applied to the purpose aforesaid, as they shall from time to time think proper.” This amount was received May 6, 1812, and now constitutes the Dexter Fund. From the Will of Mrs. H. Driscoll. 3 “ I give and bequeath to the poor of the Town of Boston One hundred dollars, to be paid to the Overseers of the said Poor within a reasonable time after my decease by my Executor here- after named.” — 1 David A. Neal, bequeathed to the Mayor and Aldermen of the City of Salem the sum of five thousand dollars, the interest or income of which was from time to time to be expended in the purchase of fuel “ to be given or sold at low prices, as may be deemed best by the trustees, to such worthy and in- dustrious persons as are not supported in whole or in part at the public expense, but who may need some aid in addition to their own labor to enable them to sustain themselves and their families during the inclement season of the year; such aid to be afforded in the most private manner possible, and the names of the recipients to be withheld from the public.” The trustees named declined the trust ; a petition was presented by the Mayor to the Supreme Court pray- ing for the appointment of a trustee, and, all parties in interest desiring that the City of Salem might be appointed, the Court were of opinion that it was competent for the city in its corporate capacity to assume that responsibility, and a decree to that effect was accordingly entered. — Webb v. Neal, 5 Allen, 575. 2 1 can have no doubt that the income of the fund should be appropriated to the furnishing of fuel to such persons as need assistance from the Over- seers of the Poor, and are not inmates of the almshouse, being able to supply themselves with the larger part of the necessaries of life from their own means. — J. P. Healy, City Solicitor. 3 No re’cord of this will has been found in the Commonwealth. TRUST FUNDS. 141 Mrs. Driscoll died in Dec. 1814: the above sum of $ 100. was received Aug. 4, 1815, of Mr. S. H. Babcock, Executor. From the will of William Breed, proved, Sept. 15 th 1817. ^wiiua^ 7 Prob. ReC. vol. 115 p. 566. Breed. “To the overseers of the poor of the town of Boston, I give and bequeath one thousand dollars in trust, to apply the income thereof at their discretion to such poor persons as have seen better days & stand in need of relief, and it is my wish that the said principal sum should be added to and make part of the Pemberton donation, so called.” — 1818 March 4. Received of Major S Swett a donation of xvin. Dona- his pay as representative in the last Session of the General g^ett/ ’ amue ' Court, Forty two dollars. From the will of Samuel Elliot, proved Jan. 24, 1820. xix. Legacy Prob. Rec. vol. 118, p. 91. EinoT^ 1 “ I give to the Overseers of the Poor of the town of Boston Fifteen Hundred dollars — the annual interest whereof is to be by them given yearly to such decayed families, and poor per- sons of good character in said Town as they shall think best ; Persons not in the Almshouse or maintained by the town in whole or in part are here intended. The capital sum to be reserved as a fund, or added to any fund already or that may hereafter be provided or established for this pupose.” From the will of John Coffin Jones, proved November 9, xx. Legacy 1829. Prob. Eec. vol. 127. p. 479. Sone"’!' 1 Co ® n “I give & bequeath all my Interest in five Shares, in the Muskingum Company in the State of Ohio, of which I am original proprietor, to my Son in Law Ebenezer Chadwick, in Trust ; the same to be applied, or the proceeds thereof, at his discretion, viz ......... One Share of the said five shares, to be transferd, by my said Trustee, to the Board of Overseers, of the City of Boston, to be applied to the Fund, for the relief & subsistance of Persons of good Moral Character, who have been reduced to Poverty by ad- verse events, the same to be applied, at the discretion of the said overseers.” Received April 1, 1832, 100. Feb. 21 1833 43.— 143 142 TRUST FUNDS. XXI. Legacy of Mary Belknap. XXII. Chari- ties founded by David Sears. From the will of Mary Belknap, proved Sept. 17, 1832. Prob. Rec. vol. 130, page 215. ‘ ‘ I give to the Overseers of the Poor of the city of Boston and their successors forever, One thousand dollars, as an addi- tion to the Pemberton Fund, so called, and to be appropriated by said Overseers, in the same way and manner in which said fund is to be appropriated.” In addition to the foregoing, the liberality of a living citizen of Boston, whose generosity has hitherto, at his own desire, been kept in a great measure from the public knowledge, has established two charitable Foundations, under the names of the “Fifty Associates’ Charity” and the “ Searstan Charter- llouse.” By a deed from the Honorable David Sears, dated May 1, 1852, the income of certain real estate having been by prior deeds set apart to form a fund called the “ Donation Fund,” to be held by the Fifty Associates as Actuaries, it is further pro- vided, that one-third of the income of this fund shall be paid to the Overseers of the Poor, or, in their default, to the city of Boston, to such persons or committee as the Mayor and Aider- men and Common Council and their successors may, from time to time, authorize and determine, for permanent investment as the “ Fifty Associates’ Charity,” “ subject always to the condi- tions, limitations, divisions of income, and forfeiture of said Donation Fund, of which it makes a part, and on which it is dependent. It being understood, however, that, until otherwise notified in writing by the founder of the Donation Fund or his heirs, the Actuaries of the Fifty Associates’ Charity are authorized to expend the whole of the income of their fund in the manner and for the objects hereinafter declared : — To have and to hold the same to the said parties forever, subject to the above conditions and forfeiture ; and to revert, with all its property and estate, to said David Sears, the donor thereof, and his heirs, whenever and at the same time the said Donation Fund shall terminate, be forfeited, or cease to exist, TRUST FUNDS. 143 — for the purposes and objects hereinafter written. That is to say, for the following objects and purposes ; viz., the aforesaid parties or committees as actuaries of the permanent fund, the Fifty Associates’ Charity, hereby created, are to receive the in- come of said fund as it arises from its investments, and are to expend the whole of the said income, until otherwise notified as above, exclusively, but in their discretion, on the following ob- jects, — namely, in aid and for the support of primary or scien- tific schools for the instruction and education of the children of meritorious citizens and others who have done the State some service ; in aid and for the support of citizens or families who may have seen better days ; in aid and for the endowment of such literary or charitable or other institutions as may be needed or desirable ; and, finally, for purposes of charity in all its forms, in such a manner as may best tend to alleviate the suffer- ing of human life, and render the condition of the poor more comfortable.” For these purposes the Overseers now hold, subject to the powers, reservations, and conditions contained in the Founder’s deeds relating thereto, which cannot be conveniently stated here, the principal sum of $25,527.12, which is annually increased by its share of the income already mentioned. By deed of August 28, 1856, the Founder, pursuant to the powers reserved by his former deeds, set apart one-half of the income of the Fifty Associates’ Charity, or, at the option of the Overseers, one-half of their future receipts from the Donation Fund, 1 to which he added a further sum of Five Thousand Dol- lars and a grant of ten acres of valuable land in Koxbury and Brookline, for the establishment of a charitable institution to be called the “ Searstan Charter-House,” and “ to be applied to the erection and improvements of a charitable institution for the comfortable maintenance of beneficiaries asking such relief, and to the formation of certain funds for their sustenance and sup- port : in such wise, that that respectable but generally helpless 1 The Overseers elected to set apart one half of the future receipts from the donation fund. 144 TRUST FUNDS. class in the community, who from honorable positions have fallen into decay, and who have too much self-respect to depend on casual charity, — too proud to beg, and yet too poor to live without assistance, — may be supplied with a home rent free , and with an an allowance for food and clothing ; and putting it in the power of all, if so inclined, in the days of their pros- perity, to provide for themselves, and in some degree for those they love, against the material ills of life, — from loss of fortune, and the helplessness of age.” This general statement from a letter of Mr. Sears to the Overseers, tendering these gifts, explains the design of the donor. The proceeds of ten shares of the capital stock of the Fifty Associates were also appropriated for this purpose, and have been expended, with the sum of five thousand dollars already mentioned and the accumulations of income, in the erection of four houses for the accommodation of the beneficiaries and the improvement of the land. The total cost of buildings and improvements has been $27,- 595.62. In the deed of August 28 th the Founders’ design is stated to be — to establish “ a charitable foundation, upon the plan herein set forth, with the view of providing a comfortable residence and support for all persons by or for whom proportionate con- tributions shall be made to the amount and in the manner here- inafter specified, and who, by reason of poverty, or other mis- fortune, shall be desirous to avail themselves thereof so that, being suitable subjects for such relief, and duly admitted to the benefits of the Institution, the beneficiaries may not be charge- able to the public or dependent on casual charity. This deed provides, among other things, for the establishment and support, under the management of the Overseers, as Trustees, with a Governor and Directors from their own num- ber and other officers to be chosen by them, of an Institution, to be called the “ Searstan Charter-House; ” — for the consti- tution of a fund, to be entered in an account designated the “ Personal Deposit Account,” for the particular benefit of TRUST FUNDS. 145 the Founder’s issue as beneficiaries ; — that beneficiaries shall be entitled to lodge and dwell in the Institution rent free and to an allowance for board and other necessary expenses, or, if lineal descendants of the founder, to an allowance as out-pen- sioners. It also provides that other persons, presented by the Directors with the unanimous approval of the Trustees, may become patrons , on certain terms, including the deposit of a certain amount, not less than $ 3,000, by each, to be credited as a per- sonal deposit account, — for the benefit of any persons whom they designate and the descendants of such persons ; — and that persons entitled to the benefits of the 4 ‘ Personal Deposits ” and their descendants, wives, widows, or collateral relatives, depend- ent on any of then* for support may be admitted, under specified circumstances, and in a certain order of preference, by the Directors, with the approval of the Trustees. On the failure of the issue of the Founder or of any Patron, beneficiaries at large, without contributions, may be admitted to the benefits of their respective deposits. The Mayor, Aldermen and Common Council of the City of Boston are appointed a Board of Control with certain visitatorial powers, and provision is made, in certain contingencies, for the discontinuance and dissolution of the Charter-House. The beneficiaries of this Charity, therefore, are to be those already designated by the Founder, and those who may be hereafter designated by others, permitted by the Trustees and Directors, in accordance with the terms of the Trust, to become patrons — and their descendants, wives or collateral relatives. The foregoing is only a brief and imperfect notice of these Trusts. They are contained in the following instruments, to which reference may be had. 1. David Sears to the Fifty Associates, August 1, 1823. Suffolk Deeds, Lib. 284, Fol. 18. 2. David Sears to the Fifty Associates, January 10, 1825. Suffolk Deeds, Lib. 296, Fol. 25. 19 146 TRUST FUNDS. 3. David Sears to Overseers of the Poor of City of Boston, May 1, 1852. Suffolk Deeds, Lib. 633. FoL 64. 4. David Sears to Overseers of the Poor of City of Boston, Aug. 28, 1856. Norfolk Deeds, Lib. 250, Fol. 221. 5. Actuaries of the Donation Fund to the Fifty Associates, Dec. 18, 1858. Suffolk Deeds, Lib. 749, Fol. 270. The property devoted to this purpose now consists of the land and buildings already mentioned ; and the future accumu- lations of income, after the repayment to the “ Fifty Asso- ciates’ Charity” of the balance, yet due, with interest, of a cer- tain amount appropriated for the buildings, are to be appro- priated, as provided by the deeds, to the support of the Charter-House and for the beneficiaries. FIFTY ASSOCIATES’ CHARITY. Ledger balances, June 12, 1866. 12 shares Fifty Associates’ Corporation stock . $12,300 00 2 notes City of Boston . 13,000 00 Due from Searstan Char- ter-House . . . 99 03 Cash for invest- ment . . 128 09 Relief . . 217 13 345 22 $25,744 25 Capital Balance of income on hand $25,527 12* . 217 13 $25,744 25 The total amount of trust funds in the treasurer’s hands June 12, 1866, including the 4 ‘ Fifty Associates’ Charity ” and the funds mentioned in the following statement, appears to be : — Of investments . . . $181,176 92 Cash 1,027 52 Total . . . $182,204 44 Showing a considerable increase since January 1, 1866, when the total amount was $177,888.81. 1 The income from this capital is expended semi-annually for the relief of the poor, pursuant to the directions of the donor. The number of benefici- aries is now seventy-five. TRUST FUNDS. 147 H £ H a H H H m o EH C/2 O pq Ph o !— I o pq eh HH o o Ph pq ph o C/2 pq P=q pq C/2 pq H O § pq H— t Eh pH o GC2 p) -< C/2 Q P> Ph EH C/2 P> pq EH Ph o EH pq Eh C/2 Pq > •jpojc? 3[a«a IBUOtJBjq uojSuiqsBAl s O O to ! «©■ o o CO © © ‘Jfoojs Jiaeji pmoijB^ uoiuxi a < 3,200 2,800 8 o C& 1 o 1 ° CO i ” 00 . © 520. Ib. 521. Ib. 523. Ib. 524. Ib. 525. Ib. 526. Ib. 528. Ib. 528. Ib. 531. CITY DOCUMENTS. 183 CITY DOCUMENTS. The following is a list of such printed City Documents, men- tioned in the “Index to the City Documents, from 1834 to 1865,” or published in the latter year, as it is supposed the Overseers may desire to have before them for reference upon such matters as fall within their province : — List of City Documents. Year. No. of Doc. Subject. 1834. Doc. 1 . Overseers of the Poor, Account of Receipts and Ex- penditures. 1835. 66 15. Almshouses. — Report of Artemas Simonds. 1837. u 6. Overseers of Poor. — Mayor’s communication, speci- fying amount of funds, investments, appropria- tions, &c. 1841. u 3. Rainsford Island. — Report on the connection of the City of Boston with, etc. 1843. u 11, Rainsford Island. — Report on expediency of remov- ing Hospital Establishment from. 1847. u 37. Rainsford Island. — Solicitor’s opinion of the tenure by which the City holds possession of. 1847. u 39. Deer Island. — Report on the expediency of remov- ing one or more of the Institutions now located at South Boston to Deer Island. 1848. a 35. City Solicitor. — Opinion of P. W. Chandler on the question, “Does the City Charter confer upon the City Council any power to give annuities or direct donations in money from the City Treas- ury ? ” 1849. 66 19. Aged and Indigent Females. — Petition of a Com- mittee of the Benevolent Associations, praying for a site whereon to erect an Asylum for. 1851. 66 70. Almshouses. — Final Report on the Erection of a new Almshouse at Deer Island. 1852. 66 17. Almshouses. — Report concerning a new Alms- house at Deer Island. 1852. 66 30. Paupers. — Report concerning Foreign Paupers. 1853. 66 43. Charity School. — Report of Committee on the com- munication of Samuel Eliot, in regard to the Charity School established in Channing Street. 1857. 66 76. Provident Association. • — Communication from the Mayor in relation to the memorial of. 184 CITY DOCUMENTS . Year. No. of Doc. 1857. Doc. 77. 1859. “ 27. 1862. “ 24. 1863. “ 15. 1863. “ 55. 1863. “ 103. 1863. “ 103. 1864. “ 21. 1864. “ 55. 1864. “ 70. 1864. “ 77. 1864. “ 91. 1864. “ 95. 1865. “ 15. 1865. “ 24. Subject. Provident Association. — Report of Committee on Public Buildings on the memorial of. Overseers of Poor. — Report on so much of the Mayor’s Address as related to. City Solicitor. — Opinion of J. P. Healy on the au- thority to exempt from taxation the property left by Abbott Lawrence to be invested in Model Lodging Houses. Overseers of Poor. — Report on the Estimates of. Overseers of Poor. — Report of the Committee on the communication from. Overseers of the Poor. — Report on a communica- tion asking an Appropriation for aid to the Poor having no Legal Settlement. City Solicitor. — Opinion of J. P. Healy on the rights of the Overseers of the Poor in Boston, in the expenditure of money appropriated by the City. Overseers of Poor. — Report of the Committee on so much of the Mayor’s Address as related to. Overseers of Poor. — An Ordinance relating to. Overseers of Poor. — Report on the organization of the Board. Overseers of Poor. — Quarterly Report. Overseers of Poor. — Report on recommending a Relief Building. Overseers of Poor. — Report on a Building for. Street Begging — Report of Overseers of Poor on. Overseers of the Poor. — Annual Report. E X T R A C T S FROM THE RECORDS OF THE TOWN OF BOSTON, RELATING TO THE POOR, &c. The first entry on the Records of the Town of Boston is dated “ 1634, month 7th, day 1.” The following extracts from those Records, during the period between that date and the year 1700, furnish some interesting illustrations of the system pursued in early times in regard to the support of the Poor, and of the habits of our ancestors. The first gift mentioned for the benefit of the poor is the legacy of Mr. William Paddy in 1658. (See p. 188.) Extracts. Item : that, whereas the wood upon the neck of land towards Roxburie hath, this last winter, been disorderly cut up and wasted, whereby many of the poor inhabitants are disappointed of relief they might have had there, in after and needful times ; Now it is generally agreed that Mr. Treasurer, Mr. Belling- ham, Mr. William Hutchinson, with the three deacons, shall consider who hath been faulty therein, and sett down what restitution of wood unto the poor such shall make, according to their several proportions allotted by the major part of them six. Item : that the poorer sort of the inhabitants, such as are members, or likely to be, and have no cattle, shall have their proportion of allotments for planting ground and other assigned 24 The 23d of the 1st month, 1635. The 14th of the 10th month, 1635. 186 EXTRACTS FROM RECORDS. This 28th of 12th mo. 1641. This 28th of 1st mo. 1642. 29 of 5 : 44. This 30th of 7th mo. 1644. This 25 of 11th mo. 1646. 25 1 mo., 1650. 26 11th mo., 1651. 28th 6 mo. 1654. The 26: 12: 54. to them by the allotters, and laid out at Muddy River by the aforenamed five persons, or four of them ; and those that fall between the foot of the hill and the water to have but four acres upon a head, and those that are farther off to have five acres for every head. The plot to begin next Muddy River side. It’s ordered that the Towne shall pay y e Towne’s Rate, now last assessed in Indian Corne, at 3 s p bshll, and Rye %t 3 s 4 d , and wheat at 4 s p bshll. It’s ordered y 4 y e constables- shall supply the p’sent necessity of Rbt Wing with 5 bushlls of Indian corne, in consideration of his service in keeping the new field the last yeare, wch corne is to be repayd unto the Towne by y e owners of Land in the sayd feild. Charity White is allowed 26 s for thirteen weekes keeping of John Berry, to be payd by the constables. It’s ordered that the constables shall pay unto Tho. Oliver Elder of the Church seaven Pounds for seaven months attend- ance upon the cure of the servant of Tho. Hawkins. It is ordered y 1 Mr. Tho. Oliver shall have nine pounds for his curing Rich : Berry, was Tho. Hawkins’ man. Brother Beck is assigned to receave of the Constables that were last yeare, five pounds foure shillings for the keeping of Tho : Rand, as full satisfaction. Christopher Perkins is to pay Brother Ludkin, from this day, for his child keeping, and promised to bind his house to the towne for securitie that it shall be no eflfarther chargable to the towne. Itt is ordered y t , upon the security of Hugh Willms, Mary Hayle is admitted to reside with us, the sayd Willms ingaging y 1 she shall not be chargeable to the towne. Upon the desire of our sister Baxter, (y 1 her husband being taken at sea and lost what he had in the yeare 1653 ; his rate being fiffteeme shillings) was remitted. Itt is ordered y* 20 s shall be allowed Mrs. Richards for her rate in \ e veare 54. 30: 1: 1655. EXTRACTS FROM RECORDS. 187 Goodman Wales hath 6 s 8 abated of his rate for this yeare 29. 10. 56. in regard of his poverty. Itt is agreed upon y e complaint ag* y e son of Goodvvife Samon 25. 11 . 56. living withoutt a calling, y 1 if shee dispose nott of him in some way of Employ before y e next meeting y 4 then y e townesmen will dispose of him to some service according to law. It is ordered that Ensigne Jn° Web shall suply Richard 29 of 4th, 57. Sanfurd with such necessary support as the little infant Mary child wch was Langham or the nurse thereoff either have or shall expend, untill ^own’s^a^re^ 6 the Town take further order. Christoph 1, Percust is to deliver unto the Townsmen the deeds si of 6th, 1657. 1 # Christopr of his land instead of that bill of twenty pound w ch the Town p er cust. received of him, w ch was for the supply of his wife, iff he the s d Percust had gone to Jamaica. Itt is ordered y 4 y e Constables shall allow W m - Ware his rates, 26—8—57. upon consideration of his long sicknes & low estate. Itt is ordered y 4 twelve shillings sixepence bee p d to W m 30-9—57. Salter for keeping Christopher Holland’s wife five weekes. Whereas Mr. Sam Cole hath intertained Elizabeth Knap into Elizabeth his house, contrary to order of y e towne, & y e sd Elizabeth yett Kuap ' remaynes in this towne ; itt is ordered y t , in case y e sd Elizabeth proove to bee chargeable to y e towne, such charges bee required of Mr. Cole, from time to time, as first receiving her. Derman Mahoone is fined twenty shillings for intertaining 29-10-57. two Irish women, contrary to an order of y e towne in y t case provided ; & is to quitt his house of them forth w th att his perill. Whereas, much inconvenience and burdensome charge doth 25—11—57. arise to the Town by sundry persons in this town, by hiring out of servant’s tymes and redeeming others from Engagements, upon the w ch persons, either through Idleness or sickness, become unable to help themselves, and the town thereby envoi ved in sundry charges, these are therefore to give notice to all Inhabitants and residents in this town that shall soe act, that whatever person or persons they soe sett at liberty thgy are to see after their Im- ploym* & to secure the Town from any charge that might otherwise be ocasioned by such. 188 EXTRACTS FROM RECORDS. 29— 9— 5S. 31—11— 165S. 12—1—1659. 60 25 d 60. 29- -60. 5. 9. 60. Trhereas, fifteene pounds were given by Mr. W m Paddy as a legacy to y e poore of y e tovvne, itt is ordered y* y e towne Trea- surer shall dispose of y e same according to order. 1 * * Itt is ordered y t fourty shillings bee given to y e Widow Fur- nell by y e Treasurer to releive her in low condition. Resolved upon y e question whether y e select men, being ne- cessitated to give security to y e overseers, of Capt. Keayne’s will, for his legacy of b0£ to y e use of y e poore, should be se- cured by y e Towne from damage to their owne estates, or y e estates of their successors as selectmen, itt was voted in y e affirmative. Itt is ordered y fc y e treasurer shall pay Mr. Snelling fivety- four shillings for physick administered to Rob 4 Higgins. Itt is ordered y e treasurer shall pay for old Besses lodging to Williams. Itt is ordered y* j y e Towne Treasurer shall pay three pounds to Mrs. Cooke for her services in curing y e Spanish Captives. Whereas, Mr. Henry Webb bequeathed 100 £ to y e Towne, to bee improoved for y e use of y e poore, according to his will, & to bee reserved to y* end from time to time : It is ordered y* y e sd 100 £ bee improoved by y e select men for y e end aforesd in some building fitt for y* end-, & y 4 , in case of Fire hapning 1 The date of Mr. Paddy’s will is not here stated, but a remembrance of the Poor of Boston, prior to the date of this entry, and, perhaps, the first of which there is any authentic record, is found in the Will of Stephen Winthrop, the fourth son of Governor Winthrop, dated London, May 3d, 1658, and proved August 19th, of the same year. Stephen Winthrop had come over to New England with his father in 1630, and was .for several years a member of our Colonial Legislature, and Recorder of the town of Boston. Returning to Old England at the breaking out of the great Civil Wars, he became Colonel of a Regiment under Cromwell, and a member of one of the Protector’s Parlia- ments. He bequeathed, on the failure of cerrtain issue, “to the Poore of Boston, in New England, one hundred pounds of lawful money of England, upon condition that the Inhabitants of Boston aforesaid doe build and erect a Tombe or Monument, Tombes or Monuments, for my deceased Father and Mother, upon their grave or graves^af' fifty pounds value att the least, whoe now lyeth buried att Boston afores^ra, according to the love and honour they bore to him and her in theire lifetime.” There is no means of ascertaining whether this bequest ever took effect. EXTRACTS FROM RECORDS. 189 w ch may consume itt, y e Towne shall reedify y e like Fabrick to y e end aforesd. Itt is ordered y 1 y e selectmen shall have power to make use of a peice of ground in y e Comon for y e erecting "an almes house u; on, w th suitable accomodation, or to exchange a peice of y e Towne’s Land for a place more convenient. Itt is ordered y t Mr. Usher & Mr. Hull demand & receive 29— 2— iggi. Mr. Webb’s legacy of one hundred pounds, & to give a discharge on y e Tovvne’s behalfe. Itt is ordered y 1 y e Treasurer shall allow for y e keeping of 26— 6 — gi. Elizabeth Habell in y e time of her sickness, outt of y e Towne’s stock. The legacy of 60 £ given by Capt. Rob 1 Keayne in his will, 30— 10-16G1. w th y e rent due of foure pounds p. annum was this day de- maunded of Mr. Ed. Lane. Itt is ordered that Mr. Fetter Olliver is to joine with the deacons 31 : imo. 62. of the Church of Boston in the receiving of Capt Kean’s legacye onive^ordered of one hundred and twenty pound given to the poore ; And fur- ther hereby ordered to receive Mr. Webb’s Legacie of one Webbs Lega- cies &c* hundred pounds, with severall other gifts that are given for the order for the erecting of an Allmshouse ; being hereby authorized and impow- A U iimshouse the ered by the Selectmen of the Tow n to agree and compound with severall workemen for stones, timber, 6, c. 172. Applying for aid, to state certain facts. Blanks to be furnished towns. Act to apply to wife, children, father or mother, in this State, of cer- tain soldiers and sailors captured or missing, but not of de- serters. Towns may- raise money for purposes of and thirty-two of the acts of the year eighteen hundred and sixty-five, shall not be entitled to aid under this act ; but when the aid ceases to be paid under said chapter two hundred and thirty-two, then such persons entitled under the provisions of this act shall receive the aid provided herein, from the date that payments to them ceased under the prior act. Sect. 9. Persons applying for aid under this act shall state, in writing, under oath, the age and residence of the party for whom such aid is claimed ; the relation of the claimant to the party who rendered the service for which aid is claimed ; the company and regiment or the vessel in which the officer, soldier or sailor enlisted, and that in which he last served ; the date and place of such enlistment, when known ; the duration of such service ; and the reason upon which the claim for aid is founded. And it shall be the duty of the auditor to furnish, from time to time, to each city and town, a sufficient number of suitable blank forms for the use of applicants for aid under this act. Sect. 10. The provisions of this act shall apply to the wife, children, father or mother (having a residence in some city or town of this commonwealth, and now residing therein,) of any person who served in the army or navy of the United States, between the nineteenth day of April eighteen hundred and sixty-one, and the first day of September eighteen hundred and sixty-five, as an officer or enlisted or drafted man, to the credit of the state of Massachusetts, and who appears on the rolls of his regiment or company, in the office of the adjutant- general, to be missing or to have been captured by the enemy, and who has not been exchanged, or has not returned from captivity, or who is not known to be alive : provided , that aid shall not be paid to the said relatives of such officer, soldier or sailor, if the municipal authorities have good and sufficient reasons to believe that he deserted from the service, or that he is still living and wilfully absent from his family, or if said relatives receive said aid from any other state, or from any other town under the provisions of this act. Sect. 11. Any town or city may raise money by taxation or otherwise, and, if necessary, apply the same for the purposes ACTS OF 1866. 201 set forth in this act ; and all persons entitled to aid under the this Act. provisions of this act, who do not apply for the same within commencc. 8haH three months from the passage hereof, shall not receive said aid St. i860, c. 172. prior to the date of their application. Sect. 12. Any person- who has served in the army or navy Residents of of’ the United States, as an officer or enlisted or drafted man, a^wngU) 68 to the credit of the state of Massachusetts, between the nine- credit of this state, to receive teenth of April in the year eighteen hundred and sixty-one, and aid in certain the first day of September in the year eighteen hundred and ^e §3. sixty-five, and who resides in any other of the United States, • and who at the time of enlistment had been a resident of the state during the month immediately preceding said enlistment, who is wdiolly or partially disabled by reason of wounds received in said service, or by sickness or disability contracted therein, may apply to the commission provided for in the fifth section of this act, and upon furnishing to said commission satisfactory evidence of his service as aforesaid in the army or navy, shall be entitled to receive the sum of six dollars per month from the treasury of the Commonwealth for the period of three years from the first day of January in the year eighteen hundred and sixty-six ; provided , that said person has an honorable discharge from said service by reason of wounds or disability, or expira- tion of his time of service, or has been duly mustered out of said service, and does not receive aid from any other state. If any person entitled to receive aid under this section shall be convicted of any criminal offence afc common law, or under the statutes of this commonwealth or of any other. state, such aid shall be discontinued to said person, unless or until said com- mission shall in their discretion otherwise determine. Sect. 13. The operations of this act shall cease upon the Act t0 be in first day of January in the year eighteen hundred and seventy- force tmjan- one. Sect. 14. This act shall take effect upon its passage, when Act take [April 23, 1866.] effect - 26 202 ACTS OF 1866. St. 1866, c. 198. An Act to establish a State Workhouse. Section. ■* 1. State workhouse established in part of Bridgewater State Alms- house. 2. Master and inspectors, and their duties. 3. Board of state charities to have certain duties in relation to. * * 4. Expenses, receipts, and accounts of. 5. Removal of inmates to, from state almshouses and Rainsford Island Hospital. Punishment for escap- ing, &c., from. I Section. 6. Removal from reform, nautical, and industrial schools to state workhouse. 7. Trial justices to be designated to have jurisdiction under section five. 8. Fees of, and expenses of trial and removal of inmates. 9. Appropriation for alterations of Bridgewater almshouse. 10. Powers of cities and towns, &c., not affected. 11. When act takes effect. State work- house estab- lished in part of Bridgewater State Alms- house. G. S. 71, §§ 32- 57. Master and inspectors, and their duties. G. S. 71, §§ 32- 35. Section 1 . A state workhouse shall be established at Bridgewater. So much of the state almshouse there situate as in the judgment of the board of state charities is necessary shall be devoted to this purpose ; such alterations may be made therein, and such additions be made thereto, as said board shall think advisable for the purpose of carrying into effect the pro- visions of this act. Sect. 2. The superintendent of said almshouse shall be master of the workhouse, appointing his assistants and fixing their compensation, subject to the approval of the board of in- spectors of said almshouse, ^io shall be ex officio inspectors of the workhouse. The master shall make any and all rules for the government of said institution, to be approved by the gov- ernor and council, and shall have the management and control of said workhouse and its operations, and with the approval of said board of inspectors may make contracts for the labor of the inmates of said workhouse. The board of inspectors shall visit the workhouse once each month, and one of them shall visit the same each week ; and said board shall annually, before the fifteenth of October, report the condition of said workhouse to the governor and council, and shall audit and approve all bills before payment of the same. ACTS OF 1866 . 203 Sect. 3. The board of state charities shall have a general Board of state supervision of the workhouse ; they shall have the same power j» V e certain of discharging persons therein confined for any cause, that the rtla overseers of houses of correction have in those institutions : s- 22 * ^ ^ there shall also be vested in said board of state charities all the 57. ... , . . . _ . G. S. 178 , § 17 . powers not herein given to the master and board ot inspectors, 1862, m which overseers of the poor have in relation to town work- ^ 3 1 , ^J ) ‘ Ce 198> houses. Sect. 4. The expenses of the workhouse shall be paid from Expenses, re- the annual appropriation for the support of the state almshouse awountTof. at Bridgewater : the receipts for the workhouse for labor shall s * 71 ’ §§ be paid quarterly into the state treasury : separate accounts shall be kept of the expenses of the almshouse and workhouse departments. Sect. 5. Any inmate of either of the state almshouses or Removal of of the Rainsford Island Hospital, who comes within any of the from^tate* descriptions of persons contained in General Statutes, chapter almshouses A L and Rainsford one hundred and sixty-five, section twenty-eight, may, on con- island Hospi- viction thereof before a trial justice or police court, be sentenced g.s. 71, §26-57 to said state workhouse for a term not less than six months nor more than three years : the complaint shall in such cases be made and prosecuted by the general agent of the board of state charities or some person under his direction, and on request of said board or its agent, the magistrate or court shall suspend the issue of a mittimus in any such case. Any person so sentenced, escaping or attempting to escape, may be pursued and reclaimed, and upon conviction thereof, shall be punished by confinement Punishmentfor in the workhouse for not less than six months in addition to the from, previous sentence. Sect. 6. • On application of the trustees of the reform school Removal from for boys, of the nautical school, or of the industrial school for cal and ’ iu d U s- girls, the board of state charities may cause any inmate of either of said institutions, whom said trustees deem incorrigible or 1863 > 240 * unfit subjects for said institutions, to be transferred with the mittqnus to the state workhouse, the master of which is hereby authorized to hold such persons on said mittimus till the term of sentence expires. 204 ACTS OF 1866. Fees of, and expenses of trial and re- moval of in- mates. Trial justices to Sect. 7. His Excellency the governor is hereby authorized be designated 1 . . . , . . to have juris* to designate and commission a suitable person to act as trial section tive^ j us ^ ce » from each of the- towns of Bridgewater, Palmer and G. s. 120, §§ 33, Tewksbury, or their immediate vicinity, who shall take cogni- 34. J . . . St. 18G6, c. 198. zance of all complaints under the fifth section of this act, and any warrant or mittimus issued by said justices shall be served by a deputy constable of the Commonwealth whenever practi- cable. Sect. 8. The justices designated under section seven shall receive a fee of one dollar for each case brought before them, and no other fee or compensation whatsoever ; and no person receiving a regular salary or compensation from the Common- wealth shall receive any additional pay for any services per- formed under this act. The expense attending the trial of an inmate of any state institution, as provided by this act, shall he paid from the appropriation, for said institution, and the cost of removing parties sentenced to the state workhouse shall be paid from the appropriation for the transportation of state paupers. Sect. 9. The sum of five thousand dollars is hereby appro- of Bridgewater P nated f° r the necessary alterations in the state almshouse at Almshouse. Bridgewater, authorized by this act to be expended by the su- perintendent and inspectors in accordance with the provisions of the first section of this act, and the same shall be allowed and paid ; and the said superintendent and inspectors shall be au- thorized to expend for the same purpose any surplus that may remain of the current expenses for the year one thousand eight hundred and sixty-six. Powers of cities Sect. 10. Nothing contained in this act shall affect any powers or privileges heretofore granted to cities or towns, or the overseers of the poor thereof, by acts specially relating to the 1865,162, 230, §2. state almshouses, and the sending of state paupers thereto, when Act takes Sect. 11. This act shall take effect upon its passage. [April 30, 1866.] Appropriation for alterations and towns, &c. not affected. G. S. 71, §§ 36, 37 effect. 0 ACTS OF 1866 . 205 An Act to establish a State Primary School . st* 1866, c. 209. Section. 1. School for dependent and neg- lected children at Monson state almshouse established. 2. Charge and superintendence of; rules and regulations. 3. Officers of, and their pay. 4. Children from Bridgewater and Tewksbury almshouses to be transferred to. 5. How transferred. 6. Children from the state reform Section. school may be transferred to, in certain cases. 7. Children in state primary school to be found places elsewhere, and not to be received, &c., above age of sixteen years. 8. Board of state charities and in- spectors to have certain powers, &c. 9. Appropriations for, and expenses of, &c. 10. When act takes effect. Section 1. There shall be established at the state alms- school for de- house in Monson a state school for dependent and neglected ncgiected"hii- children, which shall be known as the State Primary School, dren at Monson So much of the land and buildings belonging to the state alms- house estab- 0 00 . lished. house as in the judgment of the board of state charities shall g. s. 71, §§32- be necessary, shall be used for the purposes of the school, and the remainder shall be used for the purposes of a state alms- house. There shall be received as pupils such children as are now maintained and instructed in the state almshouses ; and such children shall be maintained, taught, exercised, and employed, as their health and condition shall require, but they shall not be considered as inmates of the almshouse, nor allowed to mingle with the inmates, nor shall they be designated as paupers. Sect. 2. Said school shall be under the charge of the super- charge and intendent and inspectors of the state almshouse at Monson, who eu^of 161 ^" shall prepare rules and regulations for the government of the school and the general management of its affairs ; and §uch rules and regulations, when approved by the governor and ^" 1 ^ s and regu ' council, and placed on record in the office of the secretary of the Commonwealth, shall be and remain in force, until altered or amended with the approval of the governor and council. Sect. 3. All needful officers for said school shall be Shooi! * and their pay. ‘206 ACTS OF 1866. St. 1866, c. 209. Children from Bridgewater and Tewksbury Almshouses to be transferred to. G. S. 71, §§ 32- 67. G. S. 165, § 28. How trans- ferred. 1863, 240. Children from the State Re- form School may be trans- ferred to, in certain cases. G. S. 76. 1863, 240. Children in, to be found places elsewhere, and not to be re- ceived, &c., above age of sixteen years. 1863, 240. appointed and their compensation fixed by the superintendent, subject to the approval of the inspectors. Sect. 4. For the purpose of instruction and employment there shall be transferred to the state primary school from the state almshouses at Tewksbury and Bridgewater, from time to time, all such children as are of suitable condition of body and mind to receive instruction, and at the same time are likely to continue for a period of six months under the care of the state ; and especially such as are orphans, or have been abandoned by their parents, or whose parents haVfe been convicted of crime, or come within any of the descriptions of persons contained in the General Statutes, chapter one hundred and sixty-five, section twenty-eight. Sect. 5. Such transfers of children shall be made by the board of state charities, who shall have full power to make such other transfers of children as they may deem necessary, from the state almshouses ; and the power of admission and discharge shall be vested in the said board of state charities, together with the other powers now vested in said board in relation to state paupers in almshouses and hospitals. Sect. 6. It shall be the duty of the board of state charities, upon consultation with the trustees of the state reform school at Westborough, as often as once in three months, to examine into the sentences and the conduct of the pupils in that insti- tution ; and when they shall find pupils there residing who have been committed for trivial offences, and do not appear to be depraved in character, or to need the restraints of imprison- ment, the board of state charities shall fnrnish lists of such pupils to the governor, who may, under his warrant, direct the removal of such children to the state primary school at Monson, and such removal shall suspend their sentence of confinement at Westborough, during the good behaviour of such pupils. Sect. 7. No child above the age of sixteen years shall be received or retained in the state primary school, except by special vote of the board of state charities, on the represen- tation of the superintendent that there are urgent reasons for such admission or retention ; but it shall be the duty of the ACTS OF 1866. 207 superintendent, inspectors, and other officers to use all diligence st. 1866 , c. 209. to provide suitable places in good families for all such pupils as have received an elementary education ; and any other pupils may be placed in good families, on condition that their educa- tion shall be provided for in the public schools of the town or city where they may reside. Sect. 8. Except as already limited in this act, the board of Boa rd of state state charities and the inspectors of the state almshouse at charities aud inspectors to Monson shall have and exercise all the powers, and be subject have certain to all the duties, in regard to the pupils of the state primary g°'s? 7 i, ^’ 32 - school, which now belong to or may hereafter be given to them : ^* ;3 240 in regard to the inmates of the state almshouse at Monson ; and nothing contained in this act shall affect any powers or privileges heretofore granted to cities or towns, or the overseers of the poor thereof, by acts specially relating to the state almshouses, and the sending of state paupers thereto. Sect. 9. The sum of two thousand dollars is hereby Appropria . appropriated for the necessary chancres in the buildings at tions for > and 1 1 1 ‘ ° 0 expenses of,&c. Monson, which shall be expended under the direction of the g. s. 71 , §§ 32 - superintendent and inspectors. The expenses of the school shall be paid from the appropriation for the expenses of the almshouse, and no officer now receiving a salary from the Com- monwealth shall be entitled to any increase of salary in conse- quence of this act ; but such officers and employees as the superintendent and inspectors shall designate, shall be employed te perform services both in the school and in the’’ almshouse. Sect. 10. This act shall take effect upon its passage. WhenActtakeg \_May 3, 1866.] effect. An Act relative to Slate Paupers. St. 1866, c. 234. Section. 1. State pauper, husband of town pauper, to be supported in town of wife’s settlement and with her. Section. 2. Expense of such support, now paid &c. 3. Repeal of 1861, 94. 4. When act takes effect. Section 1 . When the operation of any provisions of law 0 4 r J 1 State pauper, in relation to poor and indigent persons might cause a separa- husband of A 010 r town pauper, t© 208 ACTS OF 1866. be supported in town of wife’s settlement, and with her. G. S. 71, § 43. St. 1866, c. 234. Expense of such support, how paid, &c. G. S. 74, § 44. Repeal of 1S61, 94. When Act takes effect. St. 1866, c. 272. Parties bring • ing paupers into State liable for their support in cer- tain c ises. G.S.71, §§4,25. 1863, 240, § 6. Corporations bringing in foreigners to labor to give bond for their support. G. S. 71. 1863, 240, § 6. tion of husband and wife, by reason of the wife having a legal settlement in some place in the Commonwealth, the husband being a state pauper, both parties shall be supported by the place where the wife has a legal settlement. Sect. 2. The expense of thus supporting the person who is such state pauper shall be paid by the Commonwealth, refer- ence being had to the expense of supporting such person at the state almshouse, if there committed. Sect. 3. Chapter ninety- four of the acts of the year eighteen hundred and sixty-one is hereby repealed. Sect. 4. This act shall take effect upon its passage. [May 15, 1866.] An Act in relation to State and other Paupers. Section. 1. Parties bringing paupers into state liable for their support in certain cases. Section. 2. Corporations bringing in foreign- ers to labor to give bond for their support. Section 1. The provisions of sections four and twenty-five of chapter seventy-one of the General Statutes are hereby ex- tended and made applicable to any corporation or party by whose means any person not having a settlement in this com- monwealth is brought into the state. Sect. 2. Any corporation which brings into this common- wealth, or by whose means or at whose instigation any person is brought into the same, for the purpose of performing labor for such corporation, if such person has no settlement in this commonwealth, shall give a bond to the Commonwealth, to be delivered to the superintendent of alien passengers, in a sum of three hundred dollars, conditioned that neither such person nor any one legally dependent on such person for support, shall within two years become a city, town, or state charge. [May 28, 1866.] ACTS OF 1866. 209 An Act in addition to ‘ ‘ An Act to provide State aid for disabled st. i860, c. 282 . soldiers and sailors and their families , and for the families of the slain” SecnoN. 1. Surgeon-general may appoint sur- geons to examine persons claim- ing state aid as disabled soldiers. Certificates of such surgeons to be conclusive, &c. 2. Fee for examination. Section. 3. Penalty for corruptly making false certificate. 4. Appeal from surgeon to commis- sion. 5. Provisions of former act extended. 6. When actrtakes effect. sive. &c. Section 1 . The surgeon-general, under the direction and surgeon-Gen- subject to the approval of the governor, is authorized to desig- pointTurgeons nate surgeons, in such places and in such numbers as he may t0 exa “ m ® P er * find expedient, from time to time, and in like manner to vacate state aw as dis- . # abled soldiers. their appointments, who shall be authorized to examine all 1866, 172. persons claiming to be disabled soldiers entitled to state aid under the one hundred and seventy-second chapter of the acts of the year eighteen hundred and sixty-six, whose certificates of disability being received and acted upon in good faith by the cities and towns, shall, as to the fact of disability, be conclusive on the Commonwealth ; and said certificates, which shall state t0 be couclu * particulars in relation to such disability, agreeably to a form to be prescribed by the surgeon-general, shall be returned to the state auditor, with the acounts for such aid as shall be paid thereon. Sect. 2. The fee to be received by such surgeons shall in Fee for exam- no case exceed one dollar ; and the surgeon-general may estab- lish a less fee, or a scale of fees, by official regulation. Sect. 3. Any surgeon so designated who shall wilfully and penalty for cor- corruptly make any false certificate concerning the disability of fl7seLnmcate. any such person, shall be deemed guilty of a misdemeanor, and shall be punished by imprisonment not exceeding one year, or by a fine not exceeding one thousand dollars. Sect. 4. Nothing herein contained shall affect the right of Appeal from i i •• • • pi surgeon to corn- appeal to the commission constituted by the fifth section of the mission. 27 210 ACTS OF 1866. St. 1866, c. 282. Provisions of former Act extended. 1866, 172, When Act takes effect. St. 1866, c. 283. Towns may make provi- sions for care, &c., of neglect- ed children un- der age of six- teen years. G. S. 42. 1862, 21, 207. 1863, 44, 128. 1865, 208. the one hundred and seventy- second chapter of the acts of the year eighteen hundred and sixty-six. Sect. 5. The provisions of chapter one hundred and seventy-two of the acts of eighteen hundred and sixty-six, so far as they are applicable, shall apply to the widow, and chil- dren under fourteen years of age, (now residing without this state,) of any officer, soldier, or sailor, who served in the army or navy of the United States, to the credit of the state of Mas- sachusetts, between the nineteenth day of April, eighteen hun- dred and sixty-one, and the first day of September, eighteen hundred and sixty-live, and who died in said service, or who has since died by reason of wounds received or disease con- tracted while in said service ; provided , that said soldier had been a resident of this state during the two months immediately preceding his enlistment; and provided that said widow and children are in necessitous circumstances. The aid hereby pro- vided, shall be paid as provided in section twelve of chapter one hundred and seventy-two of the acts of eighteen hundred and sixty-six. Sect. 6 . This act shall take effect upon its passage. \_May 29, 1866.] An Act concerning the Care and Education of neglected Children . Section. 1. Towns may make provisions for care, &c., of neglected children under age of sixteen years. 2. May appoint persons to make complaints. 3. Children under sixteen years old, growing up without education, Section. &c., may be committed to insti- tutions, &c. 4. May be discharged when parents or others can or will properly take care of them. 5. Former act not to apply to Boston. Section 1. Each of the several cities and towns in this commonwealth is hereby authorized and empowered to make all needful provisions and arrangements concerning children under sixteen years of age, who, by reason of the neglect, crime, drunkenness or other vices of parents, or from orphanage, are suffered to be growing up without salutary parental control and ACTS OF 1866. 211 education, or in circumstances exposing them to lead idle and st, 1866, c. 283. dissolute lives ; and may also make all such by-laws and ordi- nances respecting such children, as shall be deemed most con- ducive to their welfare and the good order of such city or town ; provided , that said by-laws and ordinances shall be approved by the supreme judicial court, or any two justices thereof, and shall not be repugnant to the laws of the Commonwealth. Sect. 2. The mayor and aldermen of cities and the select- May appoint men of towns availing themselves of the provisions of this act, makecom- shall severally appoint suitable persons to make complaints in plaint8, case of violations of such ordinances or Tby-laws as may be adopted, who alone shall be authorized to make complaints under the authority of this act. Sect. 3. 'When it shall be proved to any judge of the children . . , . . . under sixteen superior court, or judge or justice of a municipal or police court, years old, or to any trial justice, that any child under sixteen years of age, wHhouteduca- bv reason of orphanage, or of the neglect, crime, drunkenness, tion ’ &c - may v # 1 ° . ° . . be committed or other vice of parents, is growing up without education or to institutions, salutary control, and in circumstances exposing said child to an idle and dissolute life, any judge or justice aforesaid, shall have power to order said child to such institution of instruction or other place that may be assigned for the purpose, as provided in this act, by the authorities of the city or town in whioh such child may reside, for such term of time as said judge or justice may deem expedient, not extending beyond the age of twenty- one years for males, or eighteen years for females, to be there kept, educated and cared for according to law. Sect. 4. Whenever it shall be satisfactorily proved that Children may the parents of any child committed under the provisions of this when parents act, shall have reformed and are leading orderly and industri- or ° thers c f nor ous lives, and are in a condition to exercise salutary parental t:ike care of control over their children, and to provide them with proper education and employment ; or, whenever said parents being dead, any person may offer to make suitable provision for the care, nurture, and education of such child as will conduce to the public welfare, and will give satisfactory security for the performance of the same, then the directors, trustees, overseers, 212 ACTS OF 1866. St. 1866, c. 283. Former Act not to apply to Boston. 1862, 207. 1863, 44. St. 1866, c. 288. Settlement acquired by military service without a con- tinuous service of one year. ■When Act takes effect. St. 1866, c. 292. Provisions re- specting alien passengers. G. S. 71, §§ 12, 14. 1863, 240, § 6. or other board having charge of the institution to which such child may be committed, may discharge said child to the parents or to the party making provision for the care of the child as aforesaid. Sect. 5. Chapter two hundred and seven of the acts of the year eighteen hundred and sixty-two, shall not apply to, nor have effect within the city of Boston after the passage of this act. [May 29, 1856.] An Act to define Chapter Two Hundred and Thirty of the Acts of the year Eighteen Hundred and Sixty-five , relative to the Laws of Settlement . Section. 1. Settlement acquired by military service without a continuous ser- vice of one year. g. s. 69, 70. Section 1. Section one of chapter two hun- 1865, 230, dred and thirty of the acts of eighteen hundred and sixty-five shall not be construed to require a continuous ser- vice of one year. Sect. 2. This act shall take effect upon its passage. [May 29, 1866.] Section. 2. When act takes effect. An Act concerning Alien Passengers on Vessels coming from without the United States. Section. 1. Provisions respecting alien pas- sengers. 2. Actions under pauper and bas- Section. tardy laws may be served by state constables. Section 1. The provisions of section twelve and fourteen of chapter seventy-one of the General Statutes, shall apply to all vessels arriving at any port of this commonwealth from any port or place without the limits of the United States, or which ACTS OF 1866. 213 shall have stopped at any such port or place during their st. ism, c. 292. voyages. Sect. 2. In all actions brought by or on account of alien Actions under passengers and state paupers under the provisions of chapters tardy laws nwy seventy-one and seventy-two of the General Statutes, the civil b ® 8erveflb y J J State consta- process may be served by the constable of the Commonwealth bles - 1 J J G. S. 71 72. or any one of his deputies. \_May 30, 1866.] i8G5,24o. f INDEX A. PAGE “A. B.” Donation of 116 Letters of, to Overseers of the Poor in Boston 116-120 ACTIONS. By apprentices, &c., limitation of 54 ADOPTION. (See Children.) ALIEN COMMISSIONERS. Powers of, transferred to Board of State Charities 40 n. ALIEN PASSENGERS. Superintendent of, powers of, transferred to Board of State Charities 40 n. When overseers to perform duties of 44 Provisions respecting 212 Acts relating to, 1837, 1840, 1845 171, 172 1848, 1849, 1850 173 1851, 1852, 1853, 1854 174 1855, 1856 175, 176 1858, 1859 177, 178 1864, 1865 180 1866 182, 212 (See Board of State Charities, Foreigner.) ALMSHOUSE. Poor to be employed in 16, 29 Overseers of the Poor may remove children to 29 Complaints of in Boston in 1712 and afterwards 21 Superseded in Boston by House of Industry 21 Board of directors of latter established in 1823 22 Their powers as to same identical with those of Overseers of the Poor 22 Controversy between the two boards 22 Powers and jurisdiction of both defined by City Council in 1825 22 Acts relating to, 1848, 1859 173, 178 (See House of Industry, Public Institutions, Workhouse.) A 216 INDEX. PAGE ALMSHOUSES, STATE. Cities and towns may send state paupers to 40 Dangerous lunatics not to be sent to 41 Inmates becoming so may be sent to state lunatic hospitals . . 41 Idiots may be sent to 41 When full, town to take charge of state pauper until notified, &c. 41 Towns liable for support of their paupers in 41 Persons infected with small-pox, &c. not to be sent to 44 How cared for, &c 44 Expense thereof how paid 44 Penalty for sending to 44 Complaints for bastardy, where made by inmates of 45 Acts relating to, 1855, 1858 175, 177 1865 44, 180 APPRENTICES OR SERVANTS. Minors may be bound as 51 Children under fourteen years how bound as 51 “ above “ “ “ “ “ 52 Overseers of the Poor may bind minors as 52 At what age, and on what terms 52 By an indenture of two parts 52 One to be kept for minor 52 Money, &c. paid for, to be for use of minor 52 Parents, &e. to inquire into treatment of 52 Complaints against, or their masters, where filed, &c 53 Court may discharge, &c 53 May award costs 53 May have remedy against masters for breach of covenant 53 By whom suits against masters may be brought for 53 Proceedings therein when brought by overseers 54 Actions by, limitation of 54 Court may discharge, if judgment in favor of 54 Absconding, may be arrested, and returned or imprisoned 54 Proceedings in such case 54 Costs therein, of whom recoverable 54 Discharged by death of masters 55 Provisions concerning, to apply to mistresses as well as masters .... 55 Not to affect father’s right to contract for services of children 55 Powers as to, who may exercise in cities 55 Minors not to be bound as, without bonds to and by master, except, &c 55 Bond by master how to be preserved, &c 56 Decisions as to 71 Acts as to, 1835, 1859, 1865 170, 178, 181 Beneficiaries of Boylston Charities may be bound 107 Indigent boys may be bound to Boston Asylum, &c 108, 109 INDEX. 217 1’ACiB APPRENTICESHIP. Settlement by, &c 10, 58 APPROBATION OF SELECTMEN. Settlement gained by 5 Decisions as to 73 APPOB ATION OF TOWN. Settlement gained by 5 Decisions as to 73 APPROPRIATIONS. For Overseers of the Poor in Boston 191 ASSESSMENT, &c. Settlement acquired by 57 Decisions as to 77, 82, 84 ASSOCIATION. For the Relief of Aged Indigent Females, Act to incorp. 1849.. 173 B. BASTARD CHILDREN. Acts concerning, 1786, 1826, 164, 168 1835 170 1859, 1863 178, 179 As to settlement of, (See Settlement.) (See Bastardy.) BASTARDY. Who may complain, &c. for, if woman refuses 45 Complaint for, where made, if woman is in almshouse 45 Not to be withdrawn without consent, &c 45 Settlement of, by parents, not to relieve father from liability for support 45 Party accused on, may take poor debtor’s oath 46 Mother, &c. to have remedy against 46 May be compromised by public officers 46 Process, Act relating to, 1859 177 (See Bastard Children, Fornication.) BEGGARS. (See Rogues.) BELKNAP, MARY. Legacy of 142 BIRTH. Settlement gained by 3 BLACKADER, MARGARET. Legacy of 123 BOARD OF STATE CHARITIES. Constituted 65 General agent and secretary of, their duties, &c 66 To perform duties of commissioners of alien passengers, &c. 67 218 INDEX. PAGE BOARD OF STATE CHARITIES, Continued. To give bonds 68 Powers and duties of, &c 67 To make annual report for use of legislature 67 Compensation of general agent of, &c 68 Powers of as to State Primary School 207 Workhouse 203 (See Alien Commissioners, Alien Passengers, State Work- house.) BONDS. (See Apprentices.) BOSTON. Town of divided into twelve wards 20 Act for employing, &c., poor of town of, 1735 99, 163 Town of empowered to erect a workhouse for the poor 101 (See Overseers of the Poor in Boston.) Asylum for Indigent Boys and Boston Asylum and Farm School, provisions concerning 108 Act to incorporate, 1814 166 In addition to, 1824 108, 168 Farm School, Act to incorporate, 1833 169 Asylum and Farm School, &c., Act to incorporate, 1835 169 Act relating to, 1838 171 “ “ 1854 174 Dispensary, Act to incorporate, 1801 166 Concerning, 1852 174 “ 1859 177 Society for the Religious and Moral Instruction of the Poor, Act to incorporate, 1820 167 Act to change the name of, 1841 172 Fuel Savings Institution, Act to incorporate, 1821 167 Children’s Friend Society, Act to incorporate, 1834 169 In addition to, 1836 171 Children’s Aid Society, Act to incorporate, 1865 180 Fatherless and Widows’ Society, Act to incorporate, 1837 171 Lunatic Asylum, Act to establish, 1839 171 In addition to, 1840 171 Society for the Prevention of Pauperism, Act to incorporate, 1847, 172 To change name of, 1866 182 Provident Association, Act to incorporate, 1854 175 Asylum for Inebriates, Act to establish, 1864 180 BOWEN, Mr. Donation of 139 BOYLSTON, JOHN. Trustees of charitable donations of, incorporated 106 Act as to, 1814 107, 166 Bequests, &c., of, vested in said corporation, &c 106 INDEX, 219 PAOE BOYLSTON, JOHN. Continued. Said corporation to hold real estate, &c 106 To have common seal, &c 107 Acts done by, &c., binding 107 May bind out poor, &c 107 Legacies and devise of 132 Opinion of City Solicitor as to 133, n. Record of donations of 138 BOYS. (See Boston Farm School, Children, Overseers of the Poor C Industrial ^ in Boston, State < Primary > School.) ( Reform ) BREED, WILLIAM. Legacy of 141 BURIAL. Of deceased indigent strangers provided for, &c 16, 30, 31 Of pauper lunatics dying in hospital, expense of, how paid 51 (See Coroner, Dead Bodibs, State Lunatic Hospital, Stran- ger.) BY-LAWS. Of Overseers of the Poor in Boston 148 C. CENTRAL RELIEF BUILDING. Orders of City Council in regard to vii., 115 CHARITABLE ASSOCIATIONS AND INSTITUTIONS. (See Names in Alphabetical Order, and especially Boston, &c., Boylston, John.) CHARLESTOWN. Trustees of Poor’s Fund in, Act to incorporate, 1825 168 CHASTITY, &c. Of Offences against, 1859 178 (See Bastardy, Fornication.) CHILDREN. Settlement of illegitimate once governed by that of father 11 How now gained 57 Decisions as to 75 Of legitimate, how gained 56 Decisions as to 74 May be removed to almshouse by overseers when 29 How bound, &c., when under 14 51 Over 14 52 May he bound by Directors of House of Industry 62 Statement concerning pauper, to be returned by Board of Direc- tors, &c. in Boston, and by overseers in other places 35 220 INDEX. PAGE CHILDREN, Continued. Penalty for not returning 36 Parents and, Act concerning, 1835 170 Indigent, Samaritan Asylum for, Act to incorporate, 1835 169 Acts concerning, 1848, 1857 173, 176 1866 182, 210 Adoption of, Act relating to, 1859 177 Neglected, &c., State Primary School for, established, &c 205-207 Towns may provide for care of, &c 210 Make by-laws, &c. respecting 211 To appoint persons to make complaints, &c . . 211 May be sent to institutions, &c. when 211 When may be discharged therefrom 211 St. 1862, c. 107, not to apply to or have effect in Boston after, &c 212 (See Apprentices, House of Industry, Juvenile Offenders, Parents, Settlement, &c., C Industrial, } State < Primary, > School.) q Reform, 3 CITY COUNCIL OF BOSTON. Powers, &c. of Overseers of the Poor, &c. defined by in 1825 22 May remove an overseer for cause 23, 111 Overseers to report to 112, 114 Committee of on Overseers of the Poor to be appointed 112 Duties of 113 Orders of in regard to Central Relief Building vii., 115 To approve rules of House of Industry 63 To fill vacancies in Board of Directors thereof, &c 64 CITY DOCUMENTS. List of for reference by overseers 183 CITY HOSPITAL. Act to establish, 1858 177 CITY SOLICITOR. Opinion of as to the rights of the Overseers of the Poor in Boston in the expenditure of moneys appropriated to them by the city 28, n. On the question : Ought the Overseers of the Poor in Bos- ton to be sworn? HI, n. As to the devise of David Jeffries 132, n. Devise of John Boylston 183, n. Legacy of Samuel Dexter 140, n. CITY TEMPORARY HOME. Account of 152 Rules for the office of 156 Bill of fare at 157 Statistics in regard to 158 INDEX 221 PAGE CLERGYMAN. (See Minister, Settlement, Society, &c .) COMMISSIONERS. (See Alien Commissioners, Alien Passengers, Board of State Charities, County Commissioners.) COMMITMENTS. To prisons, &c. periodical returns of to be made 37 COMMITTEE. Of City Council on Overseers of the Poor, duties of, &c 112-115 Standing Committees of Overseers of the Poor in Boston 151 CC N STABLE. (See State Constables.) CONTRACTS. Overseers, &c. not to be interested in, unless, &c 112 CONVICT. To be removed to almshouse when 42 To place of settlement if in this State 42 Discharged, Acts relating to, 1845, 1846 172 1848,1852 173, 174 1864 180 Sick, to be cared for at prison until able to be moved 42, n. Poor, Acts relating to, 1842, 1853 172, 174 1859, 1866 178, 182 Support of, Acts relating to, 1843, 1846 172 Eemale, Acts concerning, 1854, 1858 175, 176 Juvenile in United States Courts, Act relating to, 1866 182 (See Prisoners.) CORONER. To bury dead body of stranger, when 36 Costs thereof how paid 36 Acts concerning, 1807, 1812 166 1835,1850 170, 173 1859 178 CORPORATION. Overseers of the Poor in Boston created a, in 1772 20 Purposes and powers of same 21 Acts relating to incorporation of 103-112 Bringing persons not settled, into the State 208 COUNTIES AND COUNTY OFFICERS. Of, 1835 170 1859 178 COUNTY COMMISSIONERS. Certain returns by 88 CRIMINAL OFFENDERS. Act for punishing, 1692 162 Sentence of, Act relating to, 1866 18 2 222 INDEX. D. PAGE DEAD BODIES. Overseers of town, Mayor and Aldermen of city, and inspectors and superintendent of a state-almshouse, may give to physicians, when 61 On receiving, physician to give bond 61 Notice as to, to be given to overseers of town, &c 61 When not to be given to physicians 61 Illegal removal of, how punished 62 Buying or selling, penalty for 62 Acts concerning, 1831, 1831 169 1835, (practice of physic and surgery) 170 1845, (study of medicine) 172 1855, (study of anatomy) 175 1859, (promotion of anatomical science) 178 DEXTER SAMUEL. Legacy of 140 Opinion of City Solicitor as to 140, n. DISORDERLY PERSONS. (See Idle Persons, Rogues.) DISPENSARY. (See Boston.) DISTRICT. Settlement gained by incorporation or division of. 10 Decisions as to 78 To support poor, &c 15 May raise money therefor 15 May choose not more than twelve Overseers of the Poor 15 DIVISION OF TOWN, &c. Settlement gained by 10, 58 Decisions as to 78 DRAFTED MEN. Act concerning families of, &c., 1863 179 DRISCOLL, Mrs. ' Legacy of 140 DRUNKARDS. Act concerning, 1850 173 E. ELLIOT, SAMUEL. Legacy of 141 ESTATE OF FREEHOLD, &c. Settlement gained by having, &c 6, 9, 11, 57 Decisions as to 76, 77 INDEX. 223 PAGE ESTOPPEL. Decisions as to in claims of towns against towns for support of paupers 95 EXECUTION AND JUDGMENT. Of, Act of 1835 170 EXPENSES. Of supporting poor, to be paid by town or district 15 Superior Court may assess kindred for 29 Overseers may sell estate of deceased pauper to pay 33 Of supporting state paupers, allowance for 42 State paupers by towns, accounts for, how audited, &c 43 Paupers in House of Industry, remedy of City for 64 Of prisons, &c., annual returns of to be made 37 County Commissioners to make return to sheriff of certain 38 Penalty for neglecting to return 38 District Attorney to make complaint for 38 Of trial of persons alleged to be insane 47 Of State Lunatic Hospital, for support of inmates, how paid, &C..48, 49 Of clothing, burial, &c., of lunatics in hospital, how paid 51 Of lunatics sent to hospital, remedy of towns for 51 Of lunatic state paupers, how paid, &c 68 Of relieving poor strangers, how recovered, &c 30, 31 Of supporting husband of town pauper with wife, &c., payment of. 42, 208 Of support of poor, accounts for, Act concerning, 1799 166 State paupers, Act concerning accounts for, 1851 173 Of State Workhouse 203 Primary School 207 F. FARM SCHOOL. (See Boston Asylum, &c.) FEMALE. (Aged : See Association, Home, &c. Convict : See Convict. Poor : See Society, &c.) FINES. To the use of the poor .... 65 From Mr. Justice Gorham 139 FOREIGNER. Pauper, may be carried where he belongs 43 Acts as to, 1820, 1831 167, 169 Corporation bringing into State to labor, to give bond to support . . 208 (See Alien Commissioners, Alien Passengers, Paupers.) FORNICATION. Acts against, 1642, 1665, 1786 162, 164 1826, 1859 168, 178 FRAGMENT SOCIETY. Act to incorporate, 1816 166 B 224 INDEX. PAGE FREEHOLD. (See Estate or Freehold.) G. GERMAN IMMIGRANTS. (See Society.) GIRLS. C Industrial 1 (See State < Primary > School.) ( Reform ) GUARDIANS. Sale of land by, overseers to assent to, when 65 Acts concerning, 1784, 1807 164, 166 1819, 1835 167, 170 1846, 1859 172, 178 And Wards, 1835, 1859 170, 178 H. HOME. Temporary, (See City Temporary Home.) HOME FOR AGED COLORED WOMEN. Act to incorporate, 1864 179 Washingtonian, Act concerning, 1866 181 HOSPITAL. Sick paupers may be sent to 40 (See City Hospital, Massachusetts General Hospital, State Lunatic Hospital.) HOUSE FOR THE REFORMATION, &c., OF JUVENILE OF- FENDERS, IN THE CITY OF BOSTON. Acts concerning, 1843, 1847 172 (See Juvenile Offenders.) HOUSE OF INDUSTRY. Poor to be removed to 23 Directors of to be chosen 62, 63 Their powers and duties 62 As to binding out children 62 To make reports 63 City Council to fill vacancies in board of 64 To appoint a superintendent and other officers of 64 Powers, &c., of, transferred to Board of Directors for Public Institutions, 1864 99, n. Removed to Deer Island in 1853 62, n. Police Court may commit to 63 Rules of to be approved by City Council 63 Expense of supporting paupers in, remedy of City for 64 INDEX 225 PAGE HOUSE OF INDUSTRY, continued. Act concerning, 1823 167 In addition to, 1827 168 (See Almshouse, Public Institutions.) HOUSE, OR HOUSES OF CORRECTION, &c. Acts concerning, 1824, 1834 168, 169 1835, 1839.. 170, 171 1848, 1851 173, 174 1859, 1864 177, 178, 180 HUSBAND And wife not to be separated, when she is settled and he a state pauper 42, 207 How supported, &c 42, 207 Liability of for wife’s support 31n I. IDIOTS, &c. Marriage of affecting settlement 2, 11, 74 May be sent to state almshouses 41 How discharged from State Lunatic Hospital 50 Acts for relief of, 1694 162 1708, 1736, 1776 163, 164 Confinement of, 1836, 1838 171 1842, 1854 172, 174 Acts relating to, 1856 175 1862, 1865 179, 181 (See Almshouses, State, Insane Persons, Lunatics, State Lunatic Hospital.) IDLE PERSONS, &c. Acts respecting, 1633, 1668, 1682, 1736, 1741 162, 163 1856 176 (See Rogues.) INCOME. Settlement gained by having estate of certain, &c . 6,9, 57 Decisions as to 77 INCORPORATION Of town, &c., settlement gained by 10, 57, 58 Decisions as to 78 Of Overseers of the Poor in Boston. — (See that Title.) INDIANS. As to the settlement of 4, n., 73 Acts concerning, 1862, 1863 179 INDIGENT BOYS. (See Boston, &c., Children, Overseers op the Poor in Boston.) INFANT SCHOOL SOCIETY Of the City of Boston, Act to incorporate, 1829 169 226 INDEX. INSANE PERSONS. Marriage of, affecting settlement 2, 11, 79 How committed to State Lunatic Hospital, &c 46, 47 Pauper, may be sent' to Hospital by Overseers of the Poor 48 Harmless incurable, how discharged from State Lunatic Hospital . . 44 May be re-committed for cause 50 How removed from State Lunatic Hospital 50 Provisions as to 51 n. Acts concerning, 1694, 1708... 162, 163 1736, 1776 163, 164 1836, 1838 171 1842, 1854 172, 174 1859, 1862 178, 179 1864, 1866 180, 181 Removal of, &c. 1848 173 In Boston, 1857 176 (See Almshouses, State, Idiots, Lunatics, State Lunatic Hospital.) IRELAND, MARY. Legacy and devise of 125 J. JAIL. (See Commitments, Expenses, House of Correction.) JEPFRIES, DAVID. Devise of 131 Opinion of City Solicitor as to 132, n. JONES, JOHN COFFIN. Legacy of 141 JUDGMENT AND EXECUTION. Of, Act of 1835 170 JUVENILE OFFENDERS. In Boston, Act concerning, 1826 168 “ United States Courts 182 Act concerning, 1865 180 (See House for the Reformation, &c.) K. KINDRED. What, bound to support poor persons 29 Superior Court may assess for past and future expenses, &c 29 Costs thereof how taxed 29 Court may order with whom of, pauper shall live 30 Proceedings on complaints against 30 Other than those named may be summoned 30 Court may make new orders concerning 30 Liability of for pauper’s support, decisions as to 85 INDEX. 227 I*AOE L. LEAVITT, JONATHAN. Pauper Laws of Massachusetts 2 Five different periods of settlement, between 1692 and 1810, fixed by . . 2 (See Settlement.) LEWD PERSONS. (See Rogues.) LIMITATION. Of actions by apprentices, &c 54 LUNATICS. Marriage of, affecting settlement 2, 11, 74 Dangerous, not to be sent to state almshouses 41 Inmates of state almshouses becoming, may be sent to State Lunatic hospitals 41 In State Lunatic Hospital, expense of burial, &c. of, how paid... 51 Remedy of towns for expenses of 51 State pauper, may be sent home 44 Expense of how paid, &c 68 Acts relating to, 1849, 1854 173, 175 Claims for support of, decisions as to 97 Acts concerning, 1837, 1839, 1841 171, 172 1856, 1858 175, 176 1859 178 (See Almshouses, State, Idiots, Insane Persons, State Lunatic Hospital.) MARRIAGE. M. Settlement gained by 2, 4, 5, 8, 11, 56 Decisions as to 74 Settlement by, evidence of insanity, &c. to defeat, excluded, &c. .. 11 Of father of bastard, &c 11 MARRIED WOMEN. Settlement of, how gained 2, 4, 5, 8, 11, 56 Decisions as to 74 (See Husband, Wives.) MASON, JONATHAN. Legacy of 139 MASSACHUSETTS CHARITABLE EYE AND EAR INFIRMARY. Act to incorporate, 1827 168 MASSACHUSETTS GENERAL HOSPITAL. Act to incorporate, 1811 166 In addition to, 1813 116 MASTERS. Complaints against, &c. where filed, &c 53 Remedy of apprentices, &c. against for breach of covenant 53 228 INDEX. PAGE MASTERS, Continued. By whom suits against may be brought for apprentices, &c 53 Apprentices, &c. discharged by death of 55 To give bonds, &c 55 Bonds by, how to be preserved, &c 56 Apprentices and servants, of, 1835 170 Apprentices and servants, of, 1859, 1865 178, 181 (See Apprentices.) MINISTERS OF THE GOSPEL. Ordained, &c. settlement gained by 9, 57 Decisions as to 78 MINORS. Minors may be bound as apprentices, &c 51, 52 Entitled to money received for services as- such 52 Not to be bound apprentices, &c. without bonds, &c 55 (See Apprentices, Children.) N. NEEDLE WOMAN’S FRIEND SOCIETY. Act to incorporate, 1851 173 NOTICE. As to removal of paupers 32 Removal of insane persons to State Lunatic Hospital 47 Decisions as to, in suits by towns v. towns for support of paupers 93 0 . OATH. Of Overseers of the Poor Ill, n. OFFENCES. Against chastity, &c., of, 1859 178 OFFENDERS. • (See Criminal, Juvenile, &c.) OLIVER, DANIEL. Devise of 121 Petition of overseers for leave to sell estate given by 122 Resolve of legislature authorizing sale of estate given by 123 ORDER. As to Central Relief Building vii., 115 ORDINANCE. As to Overseers of the Poor in Boston 112 OVERSEERS OF THE POOR. Elected in Massachusetts at a very early period 13 Their powers 14 Care of poor, &c. committed to 13, 15, 16 Created in England in 1601 13, n. 2 Their duty 14, n. 2 INDEX. 229 OVERSEERS OF THE POOR, Continued. Functions of defined by St. of 1793, c. 59 15 Since 1793 16 Provision as to choice of, in 1692 18 Duties of, under Acts of 1692 and 1720 18, 19 By St. of 1793, and Gen. Sts., to see that the poor are relieved, supported, and employed 15, 29 To bind out poor children 15, 25 To provide for strangers, and for their burial if they die 16,30, 31 By St. of 1793, to bind out or set to work idle adults 15 This authority since superseded 16 To bind out persons liable to be sent to House of Correction 15 To proceed against houses of ill-fame 15 Powers and duties of 28, 29 Power of over persons placed under their care 29 May prosecute or defend in legal proceedings 33 May sell estate of deceased paupers to pay expenses 33 When to perform duties of Superintendent of Alien Passengers. . . 44 May compromise complaints for bastardy with consent, &c 46 May bring suits against masters for apprentices, &c. 53 Dead bodies maybe given to physicians by, when 60, 61 Notice as to death of persons to be buried at public expense to be given to 61 Assent of to sale of land by guardians, except in case of minors, required 65 Removal of persons likely to become paupers to be provided for by, 16 Of paupers by 32 Of insane paupers by, to State Lunatic Hospital 48 Returns as to paupers to be made to Secretary of the Common- wealth by, of places other than Boston 33 And pauper children 35 Secretary to furnish blanks for 36 Penalty for not making 36 Secretary to prepare abstract of 36 Acts concerning returns or reports by, 1837, 1841, 1844 171, 172 1862 179 L864 180 Decisions as to 71 Acts concerning 162 (See Overseers of the Poor in Boston.) OVERSEERS OF THE POOR IN BOSTON. How elected under the town government 17 Earliest reference to on town records 18 Choice, powers, &c. of, Act of 1735 99, 163 Twelve overseers to be chosen 101 Jurisdiction and duties of 101-103 230 INDEX. PAGE OVERSEERS OF THE POOR IN BOSTON, Continued. How composed, elected, removed, and vacancies filled Ill Organization and officers of, &c Ill, 112 Should be sworn — opinion of City Solicitor Ill, n. Former members to hold office until others elected '.Ill, 112 Incorporation of in 1772 20, 103 Purposes and powers of corporation 21 Acts concerning, &c 103—112 As a corporation, estates, &c. vested in 104 Not to hold more than £60,000 104 As a corporation to have perpetual succession 104 May hold real estate, &c 104 And have common seal, make by-laws, choose officers, &c. . . 105 All instruments by said corporation, &c. and acts, &c. by a majority, binding 105 Incorporated with Oliver Wendell and others, as Trustees of Boylston’s Donations 105 Act in addition thereto 107 And authorized to bind out poor beneficiaries 107 (See Boylston, John.) Incorporation of, petition for, — and organization 126-128 Number of, after 1692, varied..; 19 Opinion of, as to dividing the town into twelve wards, asked 19 Reported in favor thereof 19 Appointed a committee to project such division 19 Reported a division, their report accepted, and the town of Boston divided into twelve wards 20 Position of, prior to Act of April 2, 1864 23 After said Act 23 To provide for support of poor who cannot be removed, &c 23 May grant partial relief to poor at their own houses, &c 23 To see that poor are supported in House of Industry, &c 23 Rights of, as to House of Industry 23 May be removed for cause 23 Are directly accountable to the city 23 Rights of in the expenditure of moneys appropriated by the city . . 28 Opinion of City Solicitor as to 28 Powers and duties of transferred, &c 99, n. Power of as to surrendering indigent boys to Boston Asylum, &C.108, 109 Duties, rights, obligations of, &c. by Act of 1864 110 Not to be interested in contracts, &c. unless, &c 112 To keep books, and form of, for invested funds 113 Books, &c. of may be examined by Mayor, &c 113 To keep books with full accounts of applicants — form of 113 Books of, to be examined monthly by Committee, &c 114 Investments of to be examined semi-annually, &e 115 Accounts, &c., of, to be examined by Board of Auditors 109 INDEX. 231 PAGE OVERSEERS OF THE POOR IN BOSTON, continued. Committee of City Council on, to be appointed 112 Duties of 113 Reports by to City Council 112, 114 Annual to be made 114 Building for, orders of City Council as to vii., 115 Records of, extracts from, as to “A. B.” 117-121 As to Mrs. Blackader’s gift 123 Other gifts, &c 124 Petition for incorporation 126 Organization 128 Donation of Anne Wheelwright 128 Trust funds in hands of Treasurer of 146 Statement of investment of 147 By-Laws of 148 Names, and terms of office, of 151 Standing committees of 151 Term of office of 151 n. List of, from 1691 to 1866, inclusive 158 Treasurers of, from 1760 to 1866, inclusive 161 City documents for reference by 183 Annual appropriations for 194 Against Sears, opinion of Court in case of 71, 100 n., 105 n. Ordinance as to 112 Acts concerning, 1735, 1772 99, 103 1803, 1814 105, 107 1862, 1864 109, 110, 179, 180 (See Overseers of the Poor.) P. PARENTAGE. Settlement gained by 2, 4, 5, 8, 11 Decisions as to 74, 75 PARENTS. To inquire into treatment of children bound, &c 52 And children, of, 1835 . 170 PAUPERS. Settlement of, order as to, in 1639 * 1 Rules to determine established, &c 1, 2 Bringing into and leaving in any place where not settled, penalty for 33, 208 Decisions as to 96 Parties bringing into State liable for support of 208 To give bond, &c 208 Having no settlement in this Commonwealth, Act as to, 1852... . .. 174 Support of derived from the Commonwealth, when 2, 12 By such kindred as Court may order. 30 C 232 INDEX, PAGE PAUPERS, continued. Support of, liability of kindred for, decisions as to 85 (And see Kindred.) Towns liable to individuals for 32 Paupers not liable to action for 31 n. Lunatic, decisions as to claims for 97 Parties bringing into State liable for, when 208 Acts concerning, 1835 170 1855,1859 175, 178 Accounts for, 1851 173 Expenses of, Overseers may sell estate of deceased to pay 33 Supporting in House of Industry, remedy of City for 64 Deceased, Act relating to effects of, 1837 171 Estates of, 1858 176 Removal of, early provision for cost of 2 By Overseers of the Poor 32 Proceedings in such case 32 Notification, &c., by mail 32 Insane, to State Lunatic Hospital, by overseers 48 Decisions as to 96 Meaning of, decisions as to 24 n., 72 Returns concerning, by overseers, in places other than Boston, to Secretary of the Commonwealth 33 And concerning pauper children 35 In relation to 34, 35 Certain returns to be made semi-annually by directors, &c. and overseers, in Boston and elsewhere, in March and October 38 Form of 39 An/3 annually in October 39 Convict, discharged, to be removed to almshouse when 42 To place of settlement, if in this State 42 Foreign may be carried where they belong 43 Acts concerning, 1820, 1831 167, 169 Accounts for supporting, Act in relation to, 1849 173 Acts concerning 162 State, sick, may be sent to hospital 40 May be sent out of State 43 Act concerning removal of, 1860 179 Lunatic, may be sent home 44 Expense of, how paid and at what rate 68 Acts relating to, 1849, 1854 173, 175 Support of, husband of town pauper, with wife, &c 42, 207 Expense of, payment of 42, 208 Decisions as to claims for 98 Acts relating to, 1820, 1821, 1831 167, 169 Accounts for, 1851 173 INDEX. 233 PAUPERS, continued. State, allowance for expenses on account of 42 Accounts of towns, &c., on account of. how audited, &c.. .. 43 Establishments for, Acts relating to, 1853, 1854 174, 175 Acts concerning, 1823 1G7 1851, 1852, 1855 174, 175 1856, 1857 176 1859, 1861 177, 178, 179 1866 181, 182, 207, 208 (See Almshouses, State, Poor.) PEMBERTON, BENJAMIN. Legacy of 128 Extract from account of executors of will of 129 PHYSICIAN AND SURGEON. (See Dead Bodies, Soldiers.) .PLACE. Settlement gained by incorporation of unincorporated, 10 Decisions as to 78 Unincorporated, poor of, Act concerning, 1837 171 POOR. Support of by towns 28 By kindred 29 (And see Kindred.) Accounts for, Act as to, 1799 166 Acts concerning, 1764, 1770, 1794 163, 165 1829, 1834 169 Of Boston, Act for employing, &c. 1735 99, 163 May be bound out by whom 107 Extracts from Records of Boston as to 185 Removal of, Acts relating to, 1767, 1772, 1794 164, 165 1829, 1834 169 From Marshpee, 1796 165 Acts concerning, 1639, 1659, 1674, 1675, 1720 162, 163 Of unincorporated places, 1837. 171 (But see Paupers.) POOR DEBTORS. (See Bastardy, Convict, Poor Prisoners.) POOR DEBTOR’S OATH. By defendant in bastardy process 46 PRISONERS. Acts concerning poor, 1787, 1789, 1791 164, 165 1818, 1820, 1821 167 1835, 1866 170, 182 Maintenance of, &c. 1839 171 (And see Convict.) PRISONS. (See Commitments, Expenses.) 234 INDEX. PAGE PUBLIC BUILDINGS, &c., of the, 1835 170 PUBLIC CHAKITIES. Acts relating to, 1847, 1859 .... 173, 178 (See Almshouse, Board of State Charities, Public Institu- tions, &c. &c.) PUBLIC INSTITUTIONS. Board of Directors for, powers and duties of 99 n. Act to establish, 1857 176 Act concerning, 1858 177 Charitable, &c. of Commonwealth, Acts concerning, 1859 177 1863, 1864 179, 180 (See Almshouse, House of Correction, House of Industry.) Q. QUICK, ALICE. Legacy of.... 124 E. REMOVAL. Of paupers, provision for cost of in 1767 &c 2 By Overseers of the Poor 32 Decisions as to 96 Acts as to, 1767, 1772, 1794 164, 165 1829,1834, 169 Prom Marshpee, 1796 165 Of Poor to House of Industry 23 Children to almshouse by Overseers 29 State paupers to state almshouses 40 Idiots to state almshouses 41 Lunatics from almshouse to hospital 41 Who are state paupers 44 Insane paupers to hospital. 48 Insane persons, Act concerning, 1848 173 Foreign paupers 43 Dead bodies without right, how punished 62 House of Industry to Deer Island in 1853 62, n. (See Notice.) REPORTS. Directors of House of Industry to make 63 Annual to be made by Board of State Charities for Legislature. . . 67 Overseers of the Poor in Boston to make to City Council. ... 112, 114 Annual to be made by said Overseers 114 Towns to make annual, concerning aid to soldiers, &e 199 (See Returns.) RESIDENCE. Settlement gained by, &c 3, 7, 11, 58 Decisions as to. 73, 82 INDEX. 235 PAGE RETURNS. Of commitments to prisons, &c., to be made 37 Of expenses, &c., of prisons, &c., to be made annually 37 To sheriff of certain expenses by County Commissioners 38 Penalty for neglecting 38 By Board of Directors &c. in Boston, and overseers in other places, to Secretary of the Commonwealth, of statements re- specting paupers 33 As to paupers to be made semi-annually 38 Porm of 39 Annual to be made in October 39 (See Reports.) ROGUES, &c. Acts concerning, 1699 162 1770, 1788 164 1798,1823 165, 167 1825, 1827, 1837 168, 171 S. SAILORS. Act concerning families of, &c., 1864 180 (See Soldiers.) SAILORS’ SNUG HARBOR OE BOSTON. Act to incorporate, 1852 174 SAMARITAN ASYLUM. For indigent children, Act to incorporate, 1835 169 SCHOOL. (See State Industrial School, State Primary School, State Reform School.) SCOLLAY, JOHN. Donation of 124 SEAMEN’S AID SOCIETY. Act to incorporate, 1845 172 SEARS, DAYID. Overseers of the Poor of Boston, against 71, 100 n., 105 n. “Fifty Associates’ Charity,” founded by 142 Ledger balances of *■ 146 “ Searstan Charter-House,” established by 143 Officers of 152 Term of office of »152 n. SELECTMEN. Settlement gained by approbation of 5 When to act as Overseers of the Poor.. 14, 15 Act concerning, 1736 163 SERVANTS. (See Apprentices.) 236 INDEX. SETTLEMENT. Of Paupers, order as to, in 1639 1 Rules to determine have varied 1, 2 Of Indians 4, 73 Five periods of, from 1692 to 1822 . . ..2-11 In the first, from 1692 to 1701, settlement gained, 1. By Marriage 2 2. “ Parentage 2 3. “ Birth 3 4. “ Slavery 3 5. “ A residence of three months without warning. . 3 In the second, from 1701 to 1767, settlement gained in seven modes : 4 1st, 2d, 3d, and 4th, same as in first period 4 5. By twelve months’ residence without warning .... 4 6. “ Approbation of the town 5 7. “ “ “ Selectmen 5 In the third, from 1767 to 1789, settlement gained, 1 . By Marriage 5 2. “ Parentage,.... 5 3. “ Slavery 5 4. “ Approbation of the town 5 In the fourth, from 1789 to 1794, settlement gained, 1. By being seised of an estate of freehold, &c 6 2. “ Residence and payment of a town tax, &c ... . 7 3. “ A residence of two successive years without warning 7 4. “ Vote of the town, and subsequent residence .. 8 5. “ Marriage * 8 6. “ Parentage 8 In the fifth, from 1794 to 1822, settlement gained, 1. By Marriage 8 2. “ Parentage 8 &. “ Having an estate of freehold, &c. of annual income of £ 3, &c 9 4. “ Having an estate of annual income of £3, 12s. &c. 9 5. “ Serving one year as town officer 9 6. “ Being settled, &c. as a minister of the gospel 9 7. “ Being admitted an inhabitant by a town at a legal meeting, &c 9 8. “ The incorporation of an unincorporated place 10 9. “ The division of towns or districts 10 10. “ Serving an apprenticeship and setting up a trade 10 11. By Residing ten years in a town and paying taxes, &c 11 For decisions bearing upon the acquisition of settle- ments during these periods, see Digest of Decisions . 73-84 INDEX. 237 PAGE SETTLEMENT, continued. Gained under Act of 1822 by having and living on estate of free- hold, &c., three years, (no value specified) 11 By marriage, evidence of insanity, &c., to defeat, excluded by G. S. c. 107, § 2, in suit for support of pauper 11 Of illegitimate children, governed by settlement of father, after marriage and acknowledgment 11 Not to be disputed after recovery in action for expenses 31 How acquired — By married women 5G Decisions as to 74 By legitimate children 56 Decisions as to 74 By illegitimate children 57 Decisions as to 75 By living on freehold estate 57 Decisions as to 76 By being assessed 57 Decisions as to 77 By serving one year in town offices 57 Decisions as to 78 By being settled as minister 57 Decisions as to 78 By being admitted an inhabitant by vote 57, 73 By incorporation of an unincorporated place 57 By division or incorporation of town 58 Decisions as to 78 By serving apprenticeship four years, &c 58 By residence and paying taxes 58 Decisions as to 82 By approbation and not being warned out — decisions 73 By slavery — decisions 76 By military or naval service 12, 59, 180, 182, 212 Provision for persons who had begun to acquire 59 To continue until lost or defeated, &c 11, 59 Who can acquire, decisions as to 72 How acquired or lost, decisions as to 73-85 How prevented by being relieved as a pauper — decisions 84 How lost when once acquired — decisions 84 Acts as to, 1789, 1791, 1792, 1793, 1794 165 1822, 1835 167, 170 1859 178 SHERIFFS. Act concerning, 1812 166 SLAVERY. Settlement gained by 3 Decisions as to 76 SLAVES. Settlement of, and decisions as to 3, 76 238 INDEX. PAGE SMALL POX, &c. Persons infected with, not to be sent to state-almshouses 44 How cared for, &c 44 Expense thereof how paid 44 Penalty for sending to 44 SOCIETY. For employing the Female Poor, Act to incorporate, 1821 167 Of Boston and vicinity for the Aid of German Immigrants, Act to incorporate, 1848 173 Concerning, 1866 181 For the Belief of Aged and Destitute Clergymen, Act to incorpo- rate, 1850 173 (See Boston.) SOLDIERS AND SAILORS. Disabled, Act concerning, 1866 181, 196 Monthly pay by towns to, &c 196 Killed, &c., monthly pay to widows, &c. of 197 Aid to, &c. when not to be given 198, 199 How paid — not assignable, &c 198 Commission to decide as to 198 Annual report of to be made by towns 199 State to reimburse towns for 199 Towns to notify other towns as to, when, &c 199 Oath to certain facts necessary for 200 Towns furnished with blanks for applicants for 200 Captured, &c. wife of, &c. when entitled to aid 200 Towns may raise money for aid to, &c 200 When aid to, &c. shall commence 201 Credited to this State, entitled to aid when 201 Act in aid of, &c. how long to be in force 201 Disabled, claiming State aid, to be examined 209 Certificates of Surgeons as to, conclusive, &c 209 Fee of Surgeons for examining 209 Penalty for making false certificates as to 209 May appeal from Surgeon to Commission 209 Provisions of Act as to, &c. extended 210 (See Sailors, State Aid, Towns, Volunteers.) SOUTH BOSTON SAMARITAN SOCIETY. Act to incorporate, 1852 174 STATE AID. Disabled soldiers, &c. claiming, to be examined, &c 209, 210 Acts relating to, 1865 180 1866 181, 182, 209 (See Soldiers and Sailors, Volunteers.) STATE ALMSHOUSES. (See Almshouse.) STATE CHARITIES. (See Board of State Charities, Public Charities.) INDEX. 239 STATE CONSTABLES. May serve process under Pauper and Bastardy Laws 213 STATE INDUSTRIAL SCHOOL. For Girls, Acts relating to, 1856, 1858 176 For Girls, Acts relating to, 1859 177, 178 1863, 1864, 1865 179, 180, 181 STATE LUNATIC HOSPITAL. Insane person, how committed to 46 Notice necessary to commit to 47 And certificate of two physicians, &c 47 n. May have trial and jury, when and how 47 Fees and expenses thereof 47 Pauper, may be sent to by Overseers 48 Expenses of, for support of inmates having settlements in this state, how paid 48 How paid when inmates have no settlement in this state. . . . 48 Rate of charge for lunatics in 48, 49 Harmless incurable insane, how discharged from 49 May be re-committed for cause 50 Other insane and idiots, how discharged or removed from 50 When crowded, trustees may remove whom 50, n. Expense of clothing, burial, &c. of lunatics in, how paid 51 Remedy of towns for expenses of lunatics sent to 51 Acts concerning, 1834, 1835 169, 170 1853,1856,1857 174, 176 1858, 1859 177, 178 1862, 1864, 1865 179, 180, 181 (See Idiots, Insane Persons, Lunatics.) STATE PAUPER. (See Almshouse, Husband, Pauper, State Lunatic Hospital, State Primary School, Workhouse.) STATE PRIMARY SCHOOL. For dependent and neglected children, Act to establish, 1866, 181, 205 Established 205 Rules and officers of, and their pay 205 Children from Almshouses to be sent to, and how 206 Reform School may be sent to, when 206 Places in families to be found for children in, &c. 207 Powers of Board of State Charities, &c. as to 207 Appropriation for and expenses of, &c 207 STATE REFORM SCHOOL. For Boys, Act to establish, 1847 172 Additional to, 1850 173 Relating to, 1856 176 1859 177, 178 For Girls, Act to establish, 1855 175 To change name of, 1856 175 (See Workhouse.) D 240 INDEX. PAGE STATE WORKHOUSE. (See Workhouse.) STEVENS, MARTHA. Legacy of 131 STRANGER. Overseers may provide for immediate relief of indigent 30 Expenses thereof may be recovered of the place liable therefor 30 May be recovered of husband of wife relieved 31, n. Not recoverable of person relieved 31, n. Recovery of establishes settlement 31 Extent of liability of place bound to support 31 Proviso 31 Overseers to support, and in case of decease to bury 31 Compensation therefor 31 Burial of, (See Coroner.) SUPPORT. Of paupers derived from the Commonwealth, &c . 1, 2 Having no settlement, by the State 12 In state almshouse, towns liable for 41 Actions for 85 Parties bringing into the State, liable for when 208 Acts concerning, 1835, 1855, 1859 170, 175, 178 Settlement of certain accounts for, 1849 173 Sale of effects of deceased paupers, to reimburse expenses of, 1837 171 And of their real estate, 1858 176 Of state paupers, Act concerning, 1831 169 Accounts for, 1851 173 Of prisoners, in jails and houses of correction, Act concerning, 1839 171 Of poor strangers provided for 1, 16, 30, 31 Of poor by towns 28 Of sick state paupers at hospital, allowance for 42 Of husband of town pauper with wife, &c 42, 207 Payment of expense of 42, 208 Of lunatic and state paupers, decisions as to claims for.... 97, 98 Of wives, &c, Act as to, 1855 175 Liability of husbands for 31 n., 85, 88 SURGEON. (See Dead Bodies, Soldiers.) SWETT, SAMUEL. Donation of 141 T. TAXES. Payment of, &c. settlement gained by ' 7, 11, 58 Decisions as to 76, 82 INDEX. 241 PAGE TEMPORARY AID. (See Stranger.) TOWN OFFICER. Settlement gained by serving as, &c 9, 57 Decisions as to 78 TOWNS. Settlement gained by approbation of, or of selectmen of 5 Decisions as to....: 73 By vote of, &c 8 By admission as inhabitant by, &c 9, 57 By incorporation or division of 10, 57, 58 Decisions as to 78 To support poor, &c 15, 28 May raise money therefor 15 May choose Overseers of the Poor 15, 19 Liable to individuals for relief of paupers 32 May send state paupers to state almshouses 40 To take charge of paupers when state almshouses are full, until, &c 41 Liable for support of their paupers in state almshouses 41 Aid by, to persons, &c., who have done military or naval service, &c 60, 196-201 Annual report of, to be made 199 To be reimbursed by State for 199 To notify other towns as to, when, &c 199 Furnished with blanks for applicants for 200 May raise money for, &c 200, 201 Accounts of, for support of state paupers, how audited, &c 43 Remedy of for expenses of lunatics sent to hospital 51 Claims of individuals against for relief of paupers, decisions as to, 85 Towns against individuals 88 Towns against towns 88 Decisions as to pleadings, &c. therein 88 The notice 93 Estoppel 95 Neglected children, &c., provided for by 210 May make by-laws respecting 211 To appoint persons to make complaints concerning, &c 211 Acts for regulating of, and choice of officers of, &c., 1692 162 1777, 1786 164 Respecting their powers, &c., 1660, 1670, 1671, 1679 162 1835, 1859 170, 178 As to admission of inhabitants of, 1701, 1724, 1736, 1739.. 163 Concerning, 1820, 1821 167 TRADE. Settlement gained by setting up, &c 10, 58 TREASURER. Statement by of Trust Funds in hands of Overseers 146, 147 242 INDEX, PAGE TREASURERS. List of, from 1760 to 1866 161 TRUSTEES. Competency of corporation to act as 140, n. Of charitable funds, &c. Acts concerning, 1855 175 1864, 1866 180, 181 Of Poor’s Pund in Charlestown 168 (See Boylston, John.) TRUST FUNDS. Held by Overseers in Boston ,.20, 21, 23, 116, 146, 147 V. VACCIATION. Act concerning, 1855 • • • • 175 VAGABONDS. Acts concerning, 1662, 1866 162, 181 (See Rogues.) VOLUNTEERS. Acts concerning families of, &c. 1863, 1864 179 1866 181 (See Soldiers and Sailors, State Aid.) w. WARD. (See Guardian.) WARNING. Settlement gained by residence without 3, 7 Decisions as to 73 WHEELWRIGHT, ANNE. Donation of 128 WIDOW’S SOCIETY IN BOSTON. Incorporated, 1828 168 WIVES. Act as to maintenance of, &c. 1855 175 Liability of husband for 31 n., 85, 88 (See Husband, Married Women.) WORKHOUSE. Poor, idle, &c. to be employed, &c. in 15, 19, 29 Acts as to, 1735, 1743 99, 163 1789, 1835, 1859 165, 170, 178 State, Act to establish, 1866 181, 202 Established 202 Officers of and their duties • • • 202 Powers of Board of State Charities as to 203 Expenses, receipts, and accounts of 203 INDEX. 243 PAGE WORKHOUSE, continued. State, removals to from state almshouses, &c 203 Reform school, &c 203 Punishment for escaping, &c. from 203 Certain trial justices to have jurisdiction of removals to ... . 204 Pees of and expenses of trial, &c 204 Appropriation for purpose of 204 Powers of cities, &c. not affected by Act as to 204 Y. YOUNG MEN’S BENEVOLENT SOCIETY. Act to incorporate, 1852 174 ERRATA. On page 42, transfer last marginal note to § 39. 100, n., line 8, dele “ 8 & 9, Geo. II., c. 3.” “ “ “ io, “ from “same” to “by” inclusive, and read “provisions of any one are not modified by the.” On page 167, line 45, for “ Rouges ” read “ Rogues.” 171, “ 26, “ “ persens ” read “persons.” 174, “ 3, “ “ Passangers” read “ Passengers.” 182, at top, “ “ City Documents ” read “Statutes.” 212, line 8, “ « 1856 ” read “ 1866.” Section 25 of chapter 71, of the General Statutes, which appears to have been omitted in the Laws and Ordinances of 1863, is as follows : — “ If a foreigner brought into this State in the manner specified in section four, [by any conveyance by land, or by any lines of communication established for the regular trans- portation of passengers by water, not extending beyond or stopping at places without the United States,] falls sick, or from any cause becomes a public charge within one year thereafter, the Commonwealth, or any place incurring expenses for his support, sickness, or burial, may in an action of contract recover the amount of such expenses of the cor- poration or party by whose means the person was brought into the State : provided , that the party so liable shall be notified of his liability in each case, as soon as practicable, in order that such party may if so disposed provide means of support or removal.” Insert the following Acts in regard to aid to the families of Volunteers and Seamen, &c., in their appropriate places : — St. 1861, c. 222. St. 1862, c. 66. St. 1862, c. 151. St. 1862, c. 166. May 23, 1861. March 18, 1862. April 26, 1862. April 29, 1862. Sup. to G. S. 87. lb. 102. lb. 127. lb. 134. /