TITLE XIII.

OF THE SUPPORT OF POOR PERSONS.

CHAPTER XXXIX. Of the Support of Poor Persons by their Relatives.
CHAPTER XL. Of the Support of Poor Persons by the Public.

CHAPTER XXXIX.

OF THE SUPPORT OF POOR PERSONS BY THEIR RELATIVES.

Chapter Thirty-Seven of Revised Statutes of 1846.

(1418.) SECTION 1. The father, mother, and children, being Certain Persona of sufficient ability, of any poor person who is blind, old, lame, Relations. impotent or decrepit, so as to be unable to maintain himself,

In case of failure, Superinten

shall, at their own charge, relieve and maintain such poor person, in such manner as shall be approved by the Directors of the Poor of the township where such poor person may be.

(1419.) SEC. 2. Upon the failure of any relative to relieve dents to apply to and maintain any such poor person, it shall be the duty of the

Circuit Court. Superintendents of the Poor of the county where such poor

Court to mako
Order.

Order in which Relations are liable.

Contribution, when to be ordered.

Order what to specify: may be

person may be, to apply to the Circuit Court for the county. where such relative may dwell, for an order to compel such relief; of which application at least fourteen days' notice in writing shall be given, by serving the same personally, or by leaving the same at the dwelling place of the person to whom it may be directed, in case of his absence therefrom, with some person of sufficient age.

(1420.) SEC. 3. The Court to which such application may be made, shall proceed in a summary way to hear the proofs and allegations of the parties, and shall order such of the relatives aforesaid of such poor person, as appear to be of sufficient ability, to relieve and maintain such poor person, and shall therein specify the sum which will be sufficient for the support of such poor person, to be paid weekly.

(1421.) SEC. 4. The said Court shall also in such orders direct the relative or relatives who shall perform that duty, in the following order: the father shall be first required to maintain such poor person, if of sufficient ability; if there be no father, or he be not of sufficient ability, then the children of such poor person; if there be no such children, or they be not of sufficient ability, then the mother, if she be able to do so.

(1422.) SEC. 5. If it shall appear that any such relative is unable wholly to maintain such poor person, but is able to contribute towards his support, the Court may, in its discretion, direct two or more relatives of different degrees to maintain such poor person, and shall prescribe the proportion which each shall contribute for that purpose; and if it shall appear that the relatives liable as aforesaid are not of sufficient ability wholly to maintain such poor person, but are able to contribute something therefor, the Court shall direct the sum, in proportion to their ability, which such relations shall severally pay weekly for that purpose.,

(1423.) SEC. 6. Such order may specify the time during varied in certain which the relatives aforesaid shall maintain such poor person, or during which any of the said sums so directed by the Court shall be paid, or it may be indefinite, or until the further order of the Court; and the said Court may from time to time

vary such order, whenever circumstances shall require it, on the application either of any relative affected thereby, or of any Superintendent of the Poor, upon fourteen days' notice. being given in the manner aforesaid.

and expenses,

forced.

(1424.) SEC. 7. The costs and expenses of any application Payment of costs under the provisions of this chapter, shall be ascertained by etc., how en the Court, and paid by the relatives against whom any order may be made, and the payment thereof, and obedience to the order of maintenance, and to any order of such Court for the payment of money as aforesaid, may be enforced by process of attachment from such Court.

neg

brought by Superintendents in case of neglect,

(1425.) SEC. 8. If any relative who shall have been required Action may be by such order to relieve or maintain any poor person, shall lect to do so in such manner as shall be approved by the etc. Directors of the Poor of the township where such poor person may be, and shall neglect to pay to the Superintendents of the Poor of the county, weekly, the sum prescribed by the Court for the support of such poor person, the said Superintendents may maintain an action against such relatives, as for moneys paid, laid out and expended, and shall recover therein the sum so prescribed by the said Court for every week the said order shall have been disobeyed, up to the time of such recovery, with costs of suit, for the use of the poor.

tendents may

rant to seize es

absconding

(1426.) SEC. 9. Whenever the father, or the mother being a when Superin widow, or living separate from her husband, shall abscond from apply for Warhis or her children, or a husband from his wife, leaving any of tate of Person them chargeable, or likely to become chargeable upon the public for their support, the Superintendents of the Poor of the county where such wife or children may be, may apply to any two Justices of the Peace of any county in which any estate, real or personal, of the said father, mother or husband may be situated, for a warrant to seize the same.

to issue, and duty

dents thereon

(1427.) SEC. 10. Upon due proof of the facts aforesaid, the when Warrant said Justices shall issue their warrant, authorizing the said of Superinten Superintendents to take and seize the goods, chattels, effects, things in action, and the lands and tenements of the person so absconding; and the said Superintendents, by virtue of such warrant, may seize and take the said property, things in action, and effects, wherever the same may be found in the same county, and they shall be vested with all the rights and title to the said property, things in action, and effects, which the person so absconding had at the time of his or her departure.

Sales by Owner after Warrant is

(1428.) SEC. 11. All sales and transfers of any personal prosued to be void. perty left in the county from which such person absconded, made by him or her after the issuing of such warrant, whether in payment of an antecedent debt, or for a new consideration, Inventory and shall be absolutely void; and the said Superintendents shall intendents. immediately make an inventory of the property, things in action, and effects so seized by them, and return the same with their proceedings, to the next Circuit Court for the county in which such Superintendents reside, there to be filed.

return by Super

Circuit Court

may confirm or

rant, etc.

Order for Sale.

(1429.) SEC. 12. The said Circuit Court, upon inquiry into discharge War- the facts and circumstances of the case, may confirm the said warrant and seizure, or may discharge the same; and if the same be confirmed, such Court shall, from time to time, direct what part of the personal property shall be sold, and how much of the proceeds of such sale, and of the rents and profits of the real estate, if any, shall be applied towards the maintenance of the wife and children of the person so absconding.

Sale of Property, and application of proceeds.

When two Justices may discharge order.

(1430.) SEC. 13. The Superintendents shall sell, at public vendue, the property so ordered to be sold, and receive the rents and profits of the real estate of the person so absconding, and shall apply the same to the maintenance and support of the wife or children of the person so absconded, and for that purpose shall draw on the County Treasurer therefor; and they shall account to the said Circuit Court for all moneys so received by them, and for the application thereof, from time to time, and may be compelled by said Court to render such account at any time.

(1431.) SEC. 14. If the party so absconding return and support the wife or children so abandoned, or give security to the Superintendents of the Poor of such county, to be approved by two Justices of the Peace of such county, that the wife or children so abandoned shall not become, or thereafter be chargeable to the county, then such warrant shall be discharged by an order of such Justices, and the property taken by virtue thereof, and remaining unappropriated, or the proceeds thereof, after deducting the expenses of the proceedings aforesaid, shall be restored to such party.

CHAPTER XL.

OF THE SUPPORT OF POOR PERSONS BY THE PUBLIC.