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and sustain the charge thereof, excepting only when he hath within the said fourteen days given sufficient notice thereof to the select men of the town, in which case it shall be defrayed by such town unless the person so entertained hath relations who by law are liable for his support, or unless he is a proper inhabitant of some other town in this state, or unless he be not an inhabitant of any town in this state, in which case it shall be defrayed out of the public treasury of this state, by order of the Governor and Council, and all expense that may be incurred in the support of such person not being an inhabitant of any town in this state, within the term of three months from the time of his coming to such town in case he shall within the term of three months have been warned to depart said town, shall in like manner be defrayed out of the public treasury of this state, and all expenses that may arise in support of such person subsequent to the said term of three months, on account of sickness or lameness which shall have commenced within the said term of three months, and which shall have continued beyond the said term to such a degree as to render it unsafe to remove such person, shall during the continuance of such sickness or lameness only be defrayed out of the public treasury of this state and all future expenses shall be defrayed by such town during hus continuance there.

Be it further enacted, that any inhabitant of any town within this state may for the better support of himself and family, have liberty to remove with his family into any other town in this state, and to continue there without being liable to be warned to depart such town for the term of two years. Provided such person procure a certificate in writing, under the hands of the civil authority in and select men of the town from whence he removes, that he is a legal inhabitant of that town, and lodge the same with the clerk of the town to which he removes, during which period he shall not gain a legal settlement for himself or family, in such town, any thing in this act to the contrary notwithstanding. And in case such person or any of his family stand in need of relief from said town, he or they shall be supported at the cost of the town of which he is an inhabitant, and may be returned back to such town within the said term of two years, as at the expiration thereof; provided such person hath not after obtaining such certificate, gained a legal settlement in any other town, and if such person after the expiration of the said term of two years, shall be suffered to remain in the town to which he removed as aforesaid, he shall be considered as if he had then first removed to such town without a certificate; provided nevertheless, that persons coming to reside in any town under a certificate as aforesaid, shall during their continuance there be liable to the same services, and be in all respects under the same regulations as the legal inhabitants of such town

are.

Be it further enacted, that the several towns in this state shall be holden to sup. port and maintain their respective inhabitants, whether living within the towns to which they belong or in any other town in this state, either with or without a cer tificate, who may need relief, and if any town which shall have, pursuant to the provisions of this act, incurred expense in supporting the inhabitants of any other town, shail have liberty in addition to the provisions already made to bring any proper action at common law, against the said town for the recovery of such ex

pense.

Be it further enacted, that the statute of this state, entitled an act for the admission of inhabitants in towns, and for preventing charge on account of such as are not admitted therein; also, the sixth paragraph of the statute entitled an act for maintaining and supporting the poor, and also the third paragraph of the statute entitled an act relating to constables, and also an act entitled an act to prevent foreigners carrying on insiduous designs or practices in this state, be and the same are hereby repealed. Provided, nothing herein contained shall extend to prevent any demands which may already have arisen for the support of any poor from being recovered in the same manner they would have been had this act not been passed, and provided nothing herein contained shall extend to prevent certificates already granted under any former law from being in force for two years from the passing of this act subject to the same regulations as certificates granted under this act.

IN ADDITION AND ALTERATION, passed May, 1792.

Be it enacted by the Governor, Council and Representatives in General Court as sembled, and by the authority of the same, that the provisions in said act notwithstanding, any inhabitant of any town in this state may remove with his or her family, or if such person has no family, may remove him or herself into any other town in this state, and continue there without being liable to be warned to depart or to be removed therefrom, except in the case hereinafter provided, and shall gain a legal settlement in the town to which he or she may have so removed, in case he or she shall reside in such town for the full term of six years next from and after his or her first removal into such town, and shall during the whole of said term, have supported him or herself and his or her family, if such person have a family at the time of said first removal, or at any time during said term without his, her or their becoming chargeable to such town or to the town that may by law be liable to charge for the support of such person and family, but if any such person shall at any time before the expiration of said term of six years become unable to support and maintain him or herself and family, if any be, and chargeable to the town, that may be liable to charge for his, her or their support, in that case every such person with his or her family if any be, may be removed to the place of his or her last legal settlement, in manner as in said act is already provided. And be it further enacted, that any person who shall bring into this state any poor and indigent person, and leave him or her in any town within the same, of which town he or she is not an inhabitant, such person so bringing in and leaving such poor and indigent person, shall forfeit and pay for every such person so brought in and left, the sum of twenty pounds lawful money, to be recovered in any court proper to try the same, to and for the use of such town.

AN ACT IN ADDITION TO AND ALTERATION OF AN ACT CONCERNING INDIAN, MU

LATTO AND NEGRO SERVANTS AND SLAVES, passed May, 1792.

Be it enacted by the Governor, Council and Representatives in General Court assembled, that if any master or owner of any slave shall be disposed to emancipate and make free such slave, and shall apply to any two of the civil authority or one of the civil authority and two of the select men of the town to which he belongs, it shall be the duty of said authority or authority and select men, as the case may be, to inquire into the health and age of such slave, and if they find upon examination that the slave is in good health and is not of greater age than forty-five years or less age than twenty-five years, said authority or authority and select men shall give to the owner or master of such slave a certificate thereof under their hands; provided that previous to giving such certificate, the persons giving the same shall be convinced by actual examination of the slave, to be made free by such certificate that he or she is desirous thereof. And if the master or owner of any slave shall, on receiving such certificate emancipate and set at liberty such slave, he, his heirs, executors and administrators shall be forever discharged from any charge or cost which may be occasioned by maintaining or supporting the slave made free as aforesaid: provided, that the letters of emancipation and certificate shall be recorded in the records of the town where the master of such slave resides.

AN ACT FOR THE ADMISSION OF INHABITANTS IN TOWNS AND FOR PREVENTING CHARGE ON ACCOUNT OF SUCH AS ARE NOT ADMITTED THEREIN. Revised code of 1808.

1st. Be it enacted by the Governor, Council and Representatives in General Court assembled, that no person who is not an inhabitant of this state, or of any of the United States, who may come to reside in any town in this state, shall gain a legal settlement in such town, unless admitted by vote of the inhabitants of such town, or by consent of the civil authority in, and select men of such town, or unless such person shall be appointed to and execute some public office.

2d. Be it further enacted-That no person who is an inhabitant of any of the United States, (this state excepted,) who may come to reside in any town in this state, shall gain a legal settlement therein, unless he have some one of the requisites enumerated in the preceeding paragraph, or unless he shall have been possess ed in his own right in fee, of real estate of the value of three hundred and thirtyfour dollars during his continuance there, but such person not having gained a settleinent as aforesaid, if the select-men judge he is likely to become chargeable to such town, may be removed to the place of his last legal settlement, as is hereafter in this act provided.

3d. Be it further enacted-That no inhabitant of any town in this state, shall gain a legal settlement in any other town in this state, unless he have some one of the requisites enumerated in the first paragraph of this act, or unless he shall have been possessed in his own right in fee of a real estate of the value of one hundred dollars, in the town to which he may have removed, during his continuance therein, or unless he hath supported himself for the term of six years, agreeably to a subsequent provision in this act.

4th. Be it further enacted-That any inhabitant of any town in this state, may remove with his or her famey, or if such persons have no family, may remove him or herself into any other town in this state, and continue there without being liable to be warned to depart, or to be removed therefrom, except in the case herein provided-and shall gain a legal settlement in the town to which he or she may have so removed, in case he or she shall reside in such town for the full term of six years, next from and after his or her first removal into such town, and shall, during the whole of said term have supported him or herself, and his or her family; if such person have a family, at the time of said first removal, or at any time during said term, without his, her or their becoming chargeable to such town, or to the town that may by law be liable to charge for the support of such person and family, but if any such person shall at any time before the expiration of said term of six years, become unable to support and maintain him or herself and family, if any be, and become chargeable to the town, that may be liable to charge for his, her or their support, in that case every such person with his or her family, if any be may be removed to the place of his or her last legal settlement, in the same manner as is hereafter provided in this act, respecting the removal of inhabitants of other states.

5th. Be it further enacted-That when an inhabitant of any of the United States, (this state excepted) shall come to reside in any town in this state, the civil authority or a major part of them in such town, are hereby authorized (upon the application of the select-men) if they judge proper, by warrant under their hands directed to either of the constables of said town, to order said persons to be conveyed to the state from whence he or she came, and such constable on receiving said warrant, is hereby authorized to execute the same, and the expense thereof being liquidated and allowed by the select-men of the town to which such constable belongs, shall be paid out of the treasury of such town, and also the expense of conveying an inhabitant of this state as aforesaid, shall be liquidated and allowed, and paid in the same manner; provided such person in either case, has not gained a legal settlement as aforesaid.

6th. Be it further enacted-That the select-men of any town be, and they are hereby authorized, either by themselves or by warrant from an assistant or justice of the peace in such town, directed to either constable of such town, which warrant such assistant or justice is hereby authorized to give, to warn any person not an inhabitant of this state to depart such town, and the person so warned shall forfeit and pay to the treasurer of such town, one dollar and sixty-seven cents per week, for every week he or she shall continue in such town after warning given as aforesaid; and when any such person who shall be convicted of the breach of this act, in refusing to depart on warning as aforesaid, hath no estate to satisfy the fine, such person shall be whipped on the naked body not exceeding ten stripes, unless he or she depart the town within ten days next after sentence given, and reside no more therein without leave of the select-men-provided nevertheless, that nothing contained in this paragraph, or the paragraph next preceeding, shall be construed to affect apprentices under age, or servants bought for time.

7th. Be it further enacted-That if any person not an inhabitant of this state, shall return after such sending away as aforesaid, and abide in said town from whence sent after warning given him to depart as aforesaid, he shall be whipped on the naked body not exceeding ten stripes, and may again be sent away, and dealt with as aforesaid, as often as there shall be occasion; and the select-men in the respective towns are hereby empowered and directed to prosecute all breaches of this

act.

8th. Be it further enacted-That if any inhabitant in any town shall, contrary to the intent of this act entertain or hire any such person not an inhabitant of this state, who shall come to reside in such town, or let any house or land to such person, unless such inhabitant shall first give security to the acceptance of the authority and select-men of such town, to save said town from all expense that might be occasioned thereby; such inhabitant shall forfeit and pay to the treasury of such town, one dollar and sixty-seven cents per week, for every week he or she shall harbour, entertain, hire or let estate as aforesaid.

9th. Be it further enacted-That any person who shall bring into this state any poor and indigent person, and leave him or her in any town within the same, of which town he or she is not an inhabitant, such person so bringing in and leaving such poor and indigent person, shall forfeit and pay for every such person so brought in and left, the sum of sixty-seven dollars, to be recovered in any court proper to try the same, to, and for the use of such town.

10th. Be it further enacted-That whosoever shall entertain any person not an inhabitant of any town in this state, for the space of fourteen days, and the said person shall, when so entertained be reduced by sickness, or otherwise, to necessi tous circumstances, so as to need relief, the person so entertaining, shall support and sustain the charge thereof, excepting only when he hath within the said fourteen days, given sufficient notice thereof to the select-men of the town in which such person is so entertained, in which case it shall be defrayed out of the public treasury of this state, by order of the Governor and Council, (unless the person so entertained hath relations who by law are liable for his support,) and all expense that may be incurred in the support of such person within the term of three months from the time of his coming to such town, in case he shall within the term of three months, have been warned to depart said town, shall in like manner be defrayed out of the public treasury of this state, and all expenses that may arise in support of such person subsequent to the said term of three months, on account of sickness or lameness, which shall have commenced within the said term of three months, and which shall have continued beyond the said term, to such a degree as to render it unsafe to remove such person, shall during the continuance of such sickness or lameness only, be defrayed out of the public treasury of this state, and all subsequent expenses, shall be defrayed by such town, during his continuance therein.

11th. Be it further enacted-That the several towns in this state shall be holden to support and maintain their respective inhabitants, whether living within the towns to which they belong, or in any other town in this state who may need relief, and any town which shall have, pursuant to the provisions of this act, incurred expense in supporting the inhabitants of any other town, shall have liberty, in addi tion to the provisions already made, to bring any proper action at common law against the said town, for the recovery of such expense.

IN ADDITION, passed May 1810.

Be it enacted by the Governor and Council, and House of Representatives in Ger ceal Court assembled-That no person who is an inhabitant of any town in this state, shall, in virtue of the six years residence in any other town in this state mentioned in the fourth section of the act to which this is an addition, gain a legal settlement in the town to which he may have so removed, who shall have neglected to pay any of the lawful taxes which may have arisen against him while so residing. within the time by law prescribed for the payment thereof. And if any such person shall at any time before the expiration of said term of six years, and within the time by law prescribed for the payment of such taxes, demand having been first

1

made of him by the collector thereof, neglect or refuse to pay the same, in that case, every such person, with his or her family, if any be, ma be removed to the place of his or her last legal settlement, in the same manner is in said act is provided for the removal of inhabitants of other states.

AN ACT, passed October, 1812.

1st. Be it enacted by the Governor, and Council and Houserf Representatives in General Court assembled, that if any town in this state, shall, ter the first day of January next, incur an expense in relieving or supporting a person not an inhabitant of any town in this state, who has had his home and resided in any town in this state during the six years next preceding the passing of thi act, without being chargeable to the state, such expense shall be paid or reimbursed from the treasury of the town in which such residence shall have been had; unless such person shall after passing this act, and before the relief afforded, have completed a residence of six years together in some other town, in the manner hereater directed.

2d. Be it further enacted, that if a person not an inhabitantof any town in this state, has commenced or shall commence a residence in any tovn in this state, and shall complete the same to the term of six years together, having his home in such town for such period, without being chargeable to the state or own, the expenses of relieving and supporting such person, if he afterwards become chargeable to any town, shall be in every such case paid or reimbursed from the treasury of the town in which such person at the time of the relief afforded, slall have last had a home or resided as aforesaid.

3d. Be it further enacted, that the select men of any town inte which a person not an inhabitant of any town in this state, shall come to reside, may at any time within six years from the coming of such person into their town, emove such person to the town in which he shall have last resided and had his home, as is before provided in this act, and for that purpose such select men are hereby authorized to pursue any of the means already provided by law for the removal of persons not inhabitants of this state.

IN ADDITION, passed October, 1813.

Be it enacted by the Governor, and Council and House of Representatives in General Court assembled, that no inhabitant of any of the United States, this state excepted, shall gain a legal settlement in any town in this state, unless he shall have steadily resided in such town, one year next preceding the time he claims to be admitted an inhabitant, and shali have some one of the requisites enumerated in the first paragraph of the act to which this is an addition, or unless he shall have been possessed in his own right in fee, of real estate, situated in this state, of the value of three hundred and thirty-four dollars, and where the title of such real estate shall be by deed, such deed shall have been recorded at full length, in the proper office, for the term of one year, nor shall such person gain a settlement in any town in this state, unless he shall have been the owner of such real estate, and resided in such town at least one year next preceding the time he claims to be admitted an inhabitant, any law to the contrary notwithstanding.

IN ADDITION AND ALTERATION, passed May, 1818.

SEC. 1. Be it enacted by the Governor, and Council and House of Representatives in General Court assembled, that when any person or persons shall become poor and unable to support and provide for him, or herself, at any town other than that to which he or she belongs, or in which such pauper or paupers statedly reside, it shall be the duty of the person at whose house such poor person may be, within five days, to give notice thereof to one of the select men of the town wherein such poor person may be, and unless such notice be given the town to which such person belongs, shall not be liable for any support that may have been furnished previously to the giving notice as aforesaid.

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