2 THE GENERAL AND SPECIAL LAWS RELATING TO THE TO WHICH ARE ADDED SUITABLE FORMS WITH NOTES AND EXPLANATIONS PREPARED AND PUBLISHED BY HOMER A. NELSON, SECRETARY OF STATE, IN PURSUANCE OF CHAPTER 424, LAWS OF 1870, PASSED APRIL 27TH, 1870. NY 135 P823 871 ! The Secretary of State is hereby authorized and directed to cause this act, together with all the general and special poor laws now in force in this State, to be compiled and published in pamphlet form, with such notes and explanations, forms and instructions adapted to the several systems of supporting the poor, as in his opinion may be necessary, and that he cause the same, when published, to be distributed to superintendents and overseers of the poor, and keepers of poorhouses in this State; also to town and city clerks, county clerks and clerks of boards of supervisors of this State. (§ 7, Chapter 424 Laws of 1870.) POOR LAWS OF THE STATE OF NEW YORK. THE FIRST SIX TITLES OF CHAPTER XX, PART I, OF THE CHAP. I. RELIEF AND SUPPORT OF INDIGENT PERSONS. supported 7 Cow. 235, SECTION 1. The father, mother and children, who are of sufficient ability, of any poor person who is blind, old, Poor to be lame. impotent or decrepit, so as to be unable by work to by relatives maintain himself, shall at their own charge relieve and 18 Barb. 100, maintain such poor person in such manner as shall be 17 Barb. 410, approved by the overseers of the poor of the town where 166. such poor person may be. 81, title 1, chap. 20, part 1, R. S. 7 How. 154, How 2. Upon any failure of any such relative so to relieve and maintain any such poor person, it shall be the duty pelled. of the overseers of the poor of the town where such poor person may be to apply to the court of sessions of 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 last place of dwelling of the individual to whom the same may be 7623 com Powers court, of 17 directed, in case of his absence therefrom, with some person of mature age. § 2, same title. §3. The court to which the said application may be Barb. 414. made shall proceed in a summary way to hear the allegations and proofs 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 person, and shall therein specify the sum which will be sufficient for the support of such poor person, to be paid weekly. And the said court shall therein 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 there be none or he be not of sufficient ability, then the children of such poor person; if there be none or they be not of sufficient ability, then the mother. § 3, title 1, chap. 20, part 1, R. S. Ib. propor- § 4. If it shall appear that any such relative is unable wholly to maintain such poor person, but is able to contribute toward 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, the court shall direct the sum in proportion to their ability, which such relatives shall pay weekly for that purpose. $4, tions. court. same title. § 5. Such order may specify the time during which the relatives aforesaid shall maintain such poor person or Order of during which any of the said sums so directed by the court shall be paid, or it may be indefinite and until the further order of the court. The 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 overseers of the poor of the town, upon fourteen days' notice being given. § 5, same title. How costs. § 6. The costs and expenses of such application shall enforced; be ascertained by 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 for the payment of money may be enforced by process of attachment. § 6, same title. Suits by Overseers, 18 Barb. 100, § 7. If any relative who shall have been required by such order to relieve or maintain any poor person shall 17 id. 410 neglect to do so in such manner as shall be approved by the overseers of the poor of the town where such poor person may be, and shall neglect to pay such overseers weekly the sum prescribed by the court for the support of such poor person, the said overseers may maintain an action as for moneys had and received against such relative, 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. 87, title 1, chap. 20, part 1, R. S. abscond Wend. 182, § 8. Whenever the father, or mother being a widow or Father, &c., living separate from her husband, shall abscond from ing, 21 their children, or a husband from his wife, leaving any 23 Barb., of them chargeable or likely to become chargeable upon 236. the public for their support, the overseers of the poor of the town 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. Upon due proof of the facts aforesaid, the said justices shall issue their warrant authorizing the said overseers to take and seize the goods, chattels and effects, things in action, and the lands and tenements of the person so absconding. § 8, same title. 89. By virtue of such warrant the said overseers may Effect of seize and take the said property wherever the same may warrant. be found, in the same county; and shall be vested with all the right and title to the said property which the person so absconding had at the time of his or her departure. All sales and transfers of any personal property left in the county from which such person absconded, made by him after the issuing of such warrant, whether in payment of an antecedent debt, or for a new consideration, shall be absolutely void. The overseers shall immediately Duty of make an inventory of the property so seized by them, and return the same, together with their proceedings, to the next court of sessions of the county where such overseers reside, to be filed. § 9, same title. Overseers. ings by ses 10. The said court, upon inquiring into the facts and Proceedcircumstances of the case, may confirm the said warrant sions, 23 and seizure, or may discharge the same; and, if the same Barb., 236 be confirmed, 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 toward the maintenance of the children or the wife of the person so absconding. § 10, same title. |