SEC. 11. If any person shall reside in any town in this state, not being legally settled therein, and shall become, or be likely to become, chargeable to such town, it shall be lawful for any one of the overseers of the poor of such town to make complaint thereof to the town council.

SEC. 12. In case such overseer shall judge it necessary that an order should be made sooner than the town council are likely to meet of course, he shall give a notification to the town sergeant to notify the town council to meet at a time and place therein named, who, upon such notification, are required to meet.

SEC. 13. Upon such complaint, the town council are empowered to inquire, either by the oath of such poor person, or otherwise, in what town he was last legally settled; and upon the best information they can obtain, to adjudge and determine to what town he lawfully belongs within this state, or in which he was last legally settled; which being done, the town council shall make an order under their seal, to be signed by their clerk, for the removal of such person to such town.

SEC. 14. Such order shall be directed and given to the town sergeant or one of the constables of such town, who shall proceed forthwith to remove such person and such of his family, if any he have, as by law ought to be removed with him, to the town or place to which he is adjudged by such order to belong, and there deliver him to one of the overseers of the poor of such town, and leave an authentic copy of the order with such overseer.

Penalty for not receiving pauper, &c.

order of removal.

SEC. 15. If such overseer shall refuse to accept such poor person, he shall forfeit fifty dollars; to be recovered by an action of debt by the town treasurer of the town from which such poor person was sent, to the use of such town. SEC. 16. If the overseer of the poor of the town to which such Appeal from poor person shall be removed as aforesaid, shall think his town aggrieved at the determination and order of the town council for the removal of such person, it shall be lawful for him in behalf of his town to appeal to the supreme court, next to be holden after twenty days from the delivery to him of such poor person and the leaving with him an attested copy of such order, in the county in which the town from which such poor person was removed is situated.

SEC. 17. The party appealing shall file reasons of appeal, and Mode of probond with surety, in like manner, and citation shall be issued and ceedings." served upon the overseer of the poor of the town adversely interested, and like proceedings shall be had, as near as may be, as are provided in case of appeals from courts of probate, unless herein otherwise provided.

SEC. 18. If said order shall be confirmed, the town which appealed shall pay the costs, in which shall be included the charges of removing such poor person.

SEC. 19. If said order shall be reversed, the town from which such poor person was removed shall pay the costs, and also the charges that the town to which he was removed shall have incurred for his support, between the time of the removal and the determination of the appeal; and such poor person shall be returned to said town at the proper cost and charge thereof, which shall be collected by an execution against the town treasurer of such town.

SEC. 20. The town sergeant or constable, who shall be charged with an order for the removal of any poor person as aforesaid, shall have power to go into any town to enforce such order; and shall

Effect of confirmation of

order.

Effect of reversal of order.

Power and duty

of officer charged with order of re

moval.

make return upon said order to the town council who granted the same, at their next meeting, which return shall be lodged in the clerk's office; and he shall give copies thereof to any person who shall desire them, and shall take the same fees therefor as in other cases.

SEC. 21. Every town sergeant or constable, who shall refuse or neglect to enforce such order when delivered to him, shall, for every such refusal or neglect, forfeit twenty dollars; to be recovered by the town treasurer, to the use of said town.

SEC. 22. Every town sergeant or constable, who shall remove any poor person, as by this chapter directed, shall be allowed and paid, at the discretion of the town council, for his trouble, out of the treasury of the town from which such poor person shall be removed.

SEC. 23. If any Indian of the Narragansett tribe shall reside in any town in this state, and shall become, or be likely to become, chargeable to such town, it shall be lawful for any overseer of the poor and the town council of such town, to cause such Indian to be removed to the said tribe in the manner above provided for the removal of paupers, and there deliver him to a member of the council of said tribe, and leave an authentic copy of the order of removal with such member.

SEC. 24. If such member of said council shall refuse to receive such Indian, he shall forfeit twenty dollars, to be recovered by the town treasurer to the use of said town.

SEC. 25. The council of said tribe may appeal from such order of removal, in like manner and with like effect, and upon such appeal like proceedings shall be had, as in appeals from orders of town councils removing paupers.

SEC. 26. If any person who has been or may hereafter be removed by an order of removal from any town in this state to any other town therein, shall voluntarily return to the town from which he was so removed, without leave first obtained of the town council of such town for so doing, and the town council of such town shall subsequently cause such person to be again removed to the same town, the town to which such person shall have been so subsequently removed shall pay to the town so removing such pauper, the costs of every such subsequent removal, not exceeding twenty cents per mile; to be recovered in an action of the case, in the name of the town treasurer of the town from which such person shall have been removed.

SEC. 27. Eight days' notice of the intention of such second removal shall be previously given through the post-office, by the overseer of the town where such pauper may be, to the overseer of the poor of the town in which such person shall be legally settled, for the purpose of giving such town an opportunity to remove such person in its own manner at its own proper expense.

SEC. 28. The town council of a town shall, upon the complaint of any overseer of the poor of the town, have discretionary power to remove as aforesaid, all persons not settled in the town who are of bad fame and reputation, though such persons shall not at the time of such removal have become, or shall not then be likely to become, chargeable to such town.

SEC. 29. Before making an order of removal, or an order to depart, such as is provided for in the last section, the town council shall cause the person against whom such order is to be made, to have notice that the overseer of the poor of the town has made such complaint against him, with intent to obtain such order.

SEC. 30. The notice shall be served by the town sergeant, or any

constable of such town, by reading the same in the presence and hearing of such person, or by leaving a true and attested copy thereof at his usual place of abode; and the person complained of shall have a right to be heard, and to have his allegations and his testimony weighed by the town council, before any order be made against him. SEC. 31. If any person, in any town in this state, shall wilfully suffer or permit any person who has been removed, or ordered to depart as hereinbefore provided, from such town by the town council thereof, to occupy or reside in his house or possessions, after notice of such removal or order of departure given by the town sergeant or any one of the constables of the town, by order of the town council thereof, such person shall forfeit fifty dollars, to be sued for and recovered by the town treasurer, to the use of the town.

SEC. 32. Whenever the overseer of the poor of any town in which a pauper belonging to another town shall become chargeable, shall give notice of his condition to the overseer of the town to which the pauper belongs, and no provision shall be made for his removal, or maintenance, within three days after receiving said notice, then such town shall pay all reasonable charges for the maintenance and support of such pauper.

Penalty for harboring per

sons ordered to depart.

Liability of town for its ab

sent paupers.

SECTION 1. If any woman is pregnant with a child, which, if born of complaint alive, may be a bastard, she may make complaint, in writing, under by pregnant woman against oath, to the trial justice or clerk of the justice court within the town alleged father in which she may reside, against any man, charging him with having of child. begotten such child, and such trial justice or clerk may thereupon issue a warrant commanding the person so charged to be brought before such court in the same town, or in the town in which the person so charged may reside, provided he resides in the same county. SEC. 2. The court before whom such person shall be brought may order such person to recognize in a reasonable sum, with sufficient

of recognizance of person charged.

Of trial by court of common pleas, and issue before.

Order, if judgment be chargeable.

Proceedings if woman abandon her complaint.

Proceedings, if
mother neglect,
&c., to make
or prosecute
complaint, or
make false
complaint.

Complaint under last section, how made, prosecuted, &c.

Costs, when recoverable.

Of discharge of poor persons committed, &c.

Of apprehension of persons charged, &c., in other counties.

sureties to the satisfaction of the court, to appear at the term of the court of common pleas next to be holden within and for the county in which the offence is charged to have been committed, to answer to such complaint, and to abide the order of said court thereon, and in default thereof may commit him until such order is performed.

SEC. 3. Such court shall make a certified copy of each paper in the case, and deliver the same to the complainant, or return the same to the court on or before the first day of the term aforesaid, and said complaint shall be entered at such term and tried by the court, unless either party requests a jury, in which case it shall be tried by a jury, and the issue shall be chargeable or not chargeable.

SEC. 4. If any man is found chargeable, the court shall order him to pay such sum as they deem reasonable to the mother of the child, or to the town treasurer of the town liable by law for the maintenance of the child, to be applied for such maintenance, and also to pay costs of prosecution; and may order him, or the mother, or both, to give security to save such town harmless from all charge for the maintenance of the child. Any person who shall neglect or refuse to obey any such order may be committed until the same is obeyed.

SEC. 5. If any woman, after having made her complaint, shall abandon the same, the town liable, upon application to the court in writing, made by their overseer of the poor, shall be admitted to prosecute said complaint, a record whereof shall be made, and all subsequent proceedings shall be the same as if said complaint had been instituted originally by such town.

SEC. 6. If the mother of a bastard child neglects or refuses to make complaint, or having made complaint, neglects to prosecute the same in court, or shall, in the opinion of the town council of any town liable, make a false complaint, any trial justice or clerk of a justice court, to whom complaint may be made by said overseer of the poor at any time before the expiration of one year from the birth of the child, against any man, charging him with having begotten such bastard, may issue a warrant, directing such person to be brought before some justice court in the county in which the offence was committed, or in which the offender may reside.

SEC. 7. Such complaint shall be in the name of the town, and the proceedings thereon shall be the same in all respects as if the mother had complained. If found chargeable, the father shall be ordered to give security to save the town harmless for the maintenance of such child, pay all costs of prosecution, and stand committed until said order shall be performed.

SEC. 8. Whenever any town is a party to such prosecution, and the party accused shall be found not chargeable, he shall recover his costs against the town.

SEC. 9. If any person committed to prison by virtue of this chapter is poor, and unable to pay such sum, or to procure such security as may be ordered, said court, on application for that purpose, may discharge such person from imprisonment, at such time and upon such terms, as they think expedient.

SEC. 10. Whenever a warrant shall be issued by any trial justice or clerk of a justice court, and the person charged therein shall, either before or after the issuing thereof, escape or go out of the county; the sheriff thereof, or his deputies, or any constable of the town to whom such warrant shall be directed, may pursue such person, and apprehend him in any county, and carry him before any trial justice in the county in which he was apprehended, for examination.

case of such apprehension.

SEC. 11. If it appear to said justice that said warrant was duly Proceedings in issued, and that such person did escape or go out of such other county, as aforesaid, he shall, thereupon, issue his warrant, directed to such sheriff, deputy, or constable, commanding him to carry such person before some justice court in the county from which he had so escaped or gone out, for trial, that such further proceedings may be had thereon as the law requires.

SEC. 12. In case any unmarried woman, having no legal settle- Sup't of state charities, may ment in this state, is found to be with child, or shall be delivered of a make comchild in this state, the superintendent of state charities and correc- plaints, &c., tions is hereby vested with all the powers, and required to perform when. the same duties as are herein conferred and imposed upon overseers of the poor, in relation to bastard children.

complaints.

SEC. 13. Complaints in such case may be made by the superin- Proceedings tendent of state charities and corrections, before any trial justice in under such the county in which such unmarried woman shall be found, and like proceedings shall be had upon such complaint, as are herein required in case of complaint made by overseers of the poor, under the provisions of this chapter.