[PART. I. TITLE 1. raised and collected, in those counties where a county poor-house, or other place shall have been provided for the reception of the poor, shall be paid to the county treasurer, and by him placed to the credit of the town in all other counties, the sum so voted by any town, shall be paid to the overseers of the thereof.16 poor

Ib. in certain cities.

Compensa.

tion to over seers and justices,

Penalty for removing,

$56. The overseers of the poor in the cities of Albany, Hudson, Troy and Schenectady, shall lay their books before, and render their accounts to the common councils of the said cities respectively, from fime to time, as shall be required. The common councils of such of the said cities as shall be liable for the support of their own poor, shall yearly, determine the sum of money to be raised in such cities, respectively, for the support of the poor for the ensuing year; a certifi ed copy of which shall be laid before the board of supervisors of the county, who shall cause the same to be assessed, levied, collected and paid to the county treasurer.17

$57. The accounts of overseers of the poor, and of justices of the peace, for any personal or official services rendered by them, in relation to the poor, shall be audited and settled by the board of supervisors, and the sums thus audited and allowed, shall be paid by the county treasurer; and if such services were rendered in behalf of any town liable to support its own poor, the same shall be charged to such offiNo allowance for time or services shall be made to any cer for attending any board with any accounts, for the purpose of having the same audited or paid.

town,

$58. Any person who shall send, carry, transport, remove or &c. paupers bring, or who shall cause to be sent, carried, transported, brought, or removed, any poor or indigent person, from any city, town, or county, to any other city, town, or county, without legal authority, and there leave such poor person, with intent to make any such city, town, or county to which the removal shall be made, chargeable with the support of such pauper, or who shall entice any such poor person so to remove, with such intent, shall forfeit fifty dollars, to be recovered by and in the name of the overseers of the poor of the town to which such pauper shall be brought or removed, or in the name of the superintendents of the poor of the county into which the said poor person shall be removed; and shall, moreover be deemed guilty of a mis demeanor, and on conviction, shall be imprisoned not exceeding six months, or fined not exceeding one hundred dollars, or both, in the discretion of the court. 18

Proceedings

to compel

$59. The pauper so removed, brought, or enticed, shall be mainsupport of a tained by the county superintendents of the county where he may be. moved. They may give notice to either of the overseers of the poor of the town from which he was brought or enticed, if such town be liable for his

pauper re

(16) 1R. L. 287, § 23; Laws of 1817, p. 176. (17) 1 R. L. 287, § 24 & 28. (18) Laws of 1817, p. 77; 1824, p. 385, § 9; 1825, p. 283; 1827, p. 255.

support; and if there be no town in the county from which he was TITLE 1. brought or enticed, liable for his support, then to either of the county superintendents of the poor of such county, informing them of such improper removal, and requiring them forthwith to take charge of such pauper.

contested.

contest.

$ 60. The county superintendents, or the overseers to whom such It. notice may be directed, shall, within thirty days after the service thereof, take and remove the pauper so brought or enticed, to their county or town, and there support him, and pay the expense of such notice, and of the support of such pauper; or they shall, within the Liability how said time, by a written instrument under their hands, notify the county superintendents from whom such notice was received, or either of them, that they deny the allegation of such improper enticing or removal, or that their town is liable for the support of such pauper. $61. If there shall be a neglect to take and remove such pauper, Neglect to and also to notify such denial, within the time above prescribed, the said county superintendents and overseers respectively, whose duty it was so to do, their successors, and their respective counties or towns, shall be deemed to have acquiesced in the allegations contained in such first notice, and shall be forever precluded from contesting the same; and their counties and towns respectively, shall be liable for the expenses of the support of such pauper, which may be sued for and recovered, from time to time, by the county superintendents incurring the said expenses, in actions against the superintendents of the poor of the county, or the overseers of the poor of the town, as the case may be, so liable for such expenses.

$62. Upon the service of any such notice of denial the county su- suit when to perintendents upon whom the same may be served, shall, within three be brought. months, commence a suit against the overseers of the poor of the town, or the county superintendents of the poor of the county, to whom the first notice was directed, or against their successors in office, for the expenses incurred in the support of such pauper, and shall prosecute the same to effect; if they neglect to do so, they, their successors, and their county, shall be forever precluded from all claim against the county or town to whose officers such first notice was directed, or any of their officers, for any expenses that may have been, or may be, incurred for the support of such pauper.

Penalty on

dents for neg

$63. Every county superintendent who shall neglect to render any account, or statement, to the board of supervisors, as herein re- superinten quired, or to pay over any monies, within the time prescribed by law, lect to render shall forfeit two hundred and fifty dollars, to be sued for and recovered by and in the name of the county treasurer. The superintendents shall also be liable to an action, either jointly, or severally, by the county treasurer, for all monies which shall be in their hands after the time the same should have been paid over according to law, with

TITLE 1. interest thereon, at the rate of ten dollars upon the hundred for a year, from the time when the same should have been paid over.

Penalty for bringing paupers, &c.

from without the state.

of penalties, and their application.

$64. If any person shall bring, or remove, or cause to be brought, or removed, any poor or indigent person, or lunatic, without a protector, from any place without this state, to any place within it, and there leave, or attempt to leave, such person, he shall forfeit and pay seventy-five dollars for every such person, to be sued for and recovered by and in the name of the overseers of the poor of the city or town into which such pauper may have been brought; and moreover shall be obliged to convey such pauper out of the state, or support him at his own expense.19

Payment over $65. All penalties imposed by this Title, shall be for the benefit of the poor; when recovered, they shall be paid to the county treasurer, and by him credited to the town by whose officers they have been collected, if such town be liable for the support of its own poor, or to the county, when collected by the county superintendents; if not paid by the persons collecting the same, when demanded by the county treasurer, he may maintain an action therefor, in his name of office.

Overseers to sue for penalties.

Allowance

therefor, and for costs.

Ib.

Ib.

Certain pau

pers.

$66. Whenever it shall be made to appear to the satisfaction of any overseer of the poor, either upon complaint, or otherwise, that a penalty has been incurred by the violation of any provisions contained in the statutes of this state, which such overseer is directed by law to collect, it shall be his duty immediately to commence a suit for such penalty, and to prosecute the same diligently to effect.20

$ 67. In auditing the accounts of the overseers of the poor, by the board of town auditors, allowance shall be made to them, for all costs to which they may have been subjected, or which shall have been recovered against them, in any suit brought by them pursuant to law; and they shall also be allowed the same daily pay, for attending to any such suit, as is allowed them for the performance of their official duties.20

$68. Such allowances may be credited to them, in their accounts for monies collected for penalties, and may be deducted from such monies; and the balance of such penalties shall be paid to their successors in office, or to the county treasurer, as directed by law, in respect to such penalties.20

$69. If there be not sufficient monies in their hands to satisfy such allowances, the same shall be paid as other town charges. 20

$70. Where, by the existing laws, any poor persons are maintained by any county, or by two or more towns, they shall continue to be so maintained.21

(19) Laws of 1817, p. 177, § 4. (20) Laws of 1820, p. 30, § 1 & 4, (21) 1 R. L. p. 292, § 82.

$71. Where, by virtue of any special act of the legislature, any TITLE 1. one or more towns have erected a town poor-house, the same shall be continued, and the poor of such towns respectively, may be sup- houses. ported therein by the overseers of the poor of the town.22

Town poor

&c. exempt

$72. Every poor-house, alms-house, or other place provided by Poor-houses, any city, town or county, for the reception and support of the poor, from taxes. and all real and personal property whatever, belonging to or connected with the same, shall be exempt from all assessment and taxation, levied either by the state, or by any county, city, town or village; and the keeper of every poor-house, alms-house, or other place provid- Keepers exed as aforesaid, shall be exempt from all service in the militia, from juries. &c. serving on juries, and from all assessments for labor on the highways.23

empt from

lunatics.

$73. In those counties where county poor-houses may be estab- Idiots and lished, the superintendents may provide for the support of paupers that may be idiots, or lunatics, out of such poor-house, in such manner as shall best promote the interests of the county, and conduce to the comfort and recovery of such paupers.

$74. Whenever any town shall have any monies raised for the support of the poor, invested in the name of the overseers of the poor of such town, the said overseers shall continue to have the control thereof, and shall apply the interest arising therefrom, to the support of the poor of their town, so long as such town shall be liable to support its own poor; and if the town shall be relieved from the liability to support its own poor, by a vote of the supervisors of the county, the monies so raised and invested, shall be applied to the payment of such taxes upon the town, as the inhabitants thereof shall, at an annual town meeting, determine.

year,

Invested poor

monics.

county super

secretary of

$75. It shall be the duty of the superintendents of the poor of eve- Reports by ry county in this state, during the month of December, in each intendents to to report to the secretary of state, in such form as he shall direct, the state. number of paupers that have been relieved or supported in such county the preceding year, distinguishing the number of county paupers from the number of town paupers, if any; the whole expense of such support, specifying the amount paid for transportation of paupers, and any other items which do not compose any part of the actual expense of maintaining the paupers, and the allowance made to superintendents, overseers, justices, keepers and officers; the actual value of the labor of the paupers maintained, and the estimated amount saved in the expense of their support, in consequence of their labor.

supervisors

$76. It shall be the duty of the supervisors of every town in those Reports by counties where all the poor are not a county charge, to report to the of towns supclerk of the board of supervisors, within fifteen days after the accounts

(22) Laws of 1820, p. 102; 1821, p. 243; 1922, p. 138; 1823, p. 236. 1826, p. 7.

(23) Laws of

porting their own poor.

TITLE 2 of the overseers of the poor have been settled by the board of town auditors, in each year, an abstract of all such accounts for the preceding year, which shall exhibit the number of paupers that have been relieved or supported in such town, the preceding year, specifying the number of county paupers, and of town paupers, the whole expense of such support, and specifying the allowance made to overseers, justices, constables, or other officers, and any other items which shall not comprise any part of the actual expense of maintaining the

Duty of clerk of supervi

sors.

Penalty for neglect, and

port.

Reports by Secretary of

state.

paupers.

S77. The said abstracts shall be delivered by the clerk of the board of supervisors, to the county superintendents, to be included by them in their report aforesaid.

$78. Any superintendent, supervisor, or clerk, who shall neglect or refuse to make such reports, abstracts, or copies aforesaid, or who shall wilfully make any false report, abstract, or copy, shall forfeit one hundred dollars, to be recovered by the district attorney of the county, in the name of the people of this state, and to be paid into the county treasury, for the benefit of the poor thereof. The secretary of state shall give notice to the district attorney of the county, of every such neglect or misconduct; and it shall be the duty of the district attorney, on receiving such notice, or in any way receiving satisfactory information of such neglect or misconduct, to prosecute for the recovery of such penalties.

$79. The secretary of state shall annually lay before the legislature, during the first month of its session, an abstract of the said returns and reports.

Enumeration

TITLE II.

OF BEGGARS AND VAGRANTS.

SEC. 1. Persons enumerated who are to be deemed vagrants.

2. Constables when required, to carry vagrants before magistrates.

3. Authority of magistrate; when to commit vagrant to poor-house, when to jail.

4. Children begging, to be sent to poor-house, and may be bound out.

S1. All idle persons who, not having visible means to maintain of vagrants. themselves, live without employment; all persons wandering abroad

To be bro't before magistrates.

and lodging in taverns, groceries, beer-houses, out-houses, marketplaces, sheds or barns, or in the open air, and not giving a good account of themselves; all persons wandering abroad and begging, or who go about from door to door, or place themselves in the streets, highways, passages, or other public places, to beg or receive alms, shall be deemed vagrants.24

§ 2. It shall be the duty of every constable or other peace officer, whenever required by any person, to carry such vagrant before a jus

(24) 1 R. L. 114, § 1.