and therefore in the reign of Queen Elizabeth, overseers of the poor were appointed by statute in every parish.

Such was the origin of the office of overseer of the poor in England, from whence, it is presumed, that this country hath derived its elements

It will readily be perceived, that the immense crowded population, controlled in all the relations of life by lords and nabobs, in that comparatively small island, must require more numerous and various regulations for the relief of the poor, than in free America, identified in the possession of a vast and fertile continent.

OFFICE OF OVERSEER OF THE POOR IN THIS STATE.

The design and utility of this office is, however, the same here as in the mother country. We have before seen, that two overseers of the poor are annually to be chosen in each town. It is their province to superintend the relief of the poor of their town: to make prudent use of the means which the town has provided for that purpose: to see that their town be not unnecessarily burthened with the support of either foreign or domestic poor, but yet to extend relief to all such poor, pursuant to law; and to render an account of the administration of their office accordingly, before the term for which they were elected shall have expired.

OATH.

I do solemnly and sincerely promise and swear (or affirm) that I will in all things to the best of my knowledge understanding and ability, well and faithfully execute and perform the trust reposed in me as an overseer of the poor of the town of in the county of and that I am a citizen of the United States, and that I am a freeholder and actual resident in the said town of in the county of

ORDINARY POWERS AND DUTIES OF THE OVERSEERS OF
THE POOR.

A correct knowledge of the ordinary powers and duties of the overseers of the poor is only to be obtained from two principal sources, to wit: the act, entitled, " an act for the relief and settlement of the poor," passed April 8, 1813, and the adjudications of the supreme court predicated on that act. To promote

How and when to relive the Poor of their own town. When any poor person belonging to any town in this state, shall apply for relief to any overseer of the poor of such town, the said overseer shall make application to a justice of the peace of the county, and the said justice and overseer shall enquire in the state and circumstances of the person so applying, and if it shall thereupon appear that such person is in such indigent circumstances as to require relief, then the said justice shall give an order in writing to the said overseer, to make such allowance weekly or otherwise, as in their discretion the necessities of such poor person shall require; and the overseers of the poor shall make no other or further allowance to such poor person than what by the said order shall be directed, and the said order shall be a sufficient voucher for the payment of so much money by the said overseers, and shall be allowed in adjusting their ac counts.

How and when to relieve poor having no settlement in the state: If any poor person not having gained a settlement in any town. in this state, shall apply for relief as aforesaid, the said overseer shall proceed in manner above directed, and if the overseer and justice shall find that such poor person is not able to maintain himself, and that he isso sick or otherwise debilitated, that it would be improper to remove him immediately, or when it shall be found impossible to make any order of removal, the said justice shall give an order in writing to the said overseer for the support of such poor person, in like manner as if such poor person belonged to such town, and the said order shall be a voucher as aforesaid, for the payment of so much money by the said overseer.

Accounts. It is made the special duty of the overseers of the poor to keep the accounts of money expended as above directed (for town and foreign poor) separate and distinct from other expenditures; and the said accounts adjusted and allowed as aforesaid, shall be considered, and by this act are declared to be a public and necessary county charge, and shall be levied, collected and paid, as other county charges are.

And further, the overseers of the poor of each town, shall procure at the public charge, a book wherein shall be registered the names of all poor persons applying for relief and being by law ordered to be relieved, the day and year when they were first admitted to have relief, the weekly or other sum or sums of money allowed by the order for their relief, and the cause of such necessity; And no person shall be entered in the poor books, or receive relief from the overseers of the poor, or any of them, without such order; and in case any overseer shall enter in the poor books and relieve any poor person without such order, he shall forfeit and loose all such money and goods paid and distri

buted to such poor person, nor shall any allowance be made te him for the same in passing his account And the said overseers of the poor are by law required to enter in the said peer-books all monies received, laid out and disbursed by them for the use of the poor, and also all matters which shall be transacted by them relating to their said office: And the overseers of the poor for the cities of Albany and Hudson, shall yearly lay such books of account before the common council of the said cities, at such time as the said common councils shall direct; and the Overseers of the poor of every town shall yearly, on the last Tuesday next preceding the annual town meeting in such town, lay their said books of account before the town clerk and supervisor of such town and such justice or justices of the peace resi dent in such town, or the major part of them, for their examination, who shall examine and audit the same, and make report thereof to the freeheldera and inhabitants of such town, at their next ann gal town meeting, that such further provision for the maintenance and support of the poor may be made as may be found necessary.

Their duty to poor lawfully removed in their town, If any poor person be lawfully removed, from one city er town to another, the overseers of the poor of the city or town to which such per son shall be removed, are by law required to receive such persen, and if they or any of them shall refuse or neglect so to do, the overseer so refusing or neglecting shall, if thereof convicted by the oath of two witnesses, forfeit and pay for each offence the sum of twenty-five dollars, to the use of the poor of the city or town from which such person was so removed; to be recovered with cests of suit in any court having cognizance thereof, by the overseers of the poor of the city or town from which such person was removed. Provided always, That no person nor any child belonging to such person shall gain a settlement in the city or town to which he or they shall be so removed, but his or their settlement shall remain as before such removal.

What shall be deemed a legal settlement. The act premises, that every city and town shall support and maintain their own poor and then declares, that every person who shall have come to inhabit in any city or town and actually rented and occupied a tenement, of the yearly value of thirty dollars or upwards, for two years, and actually paid such rent, or shall for himself or on his own account have executed any public annual office or charge in such city or town during one year, or who shall have been charged with and paid his or her share towards the public taxes of such city or town, for the space of two years; and every person who shall have been bound an apprentice or servant by in denture, or by any deed, contract or writing not indented, and

shall in consequence of such binding have served a term not less than two years in such city or town, shall be deemed to have obtained a legal settlement in such city or town, and that all mariners, coming into this state and having no settlement in this state, or in any other of the United States of America, and every other healthy able bodied person, coming directly from some foreign port or place into this state. skall be deemed to be legally settled in the city or town in which he or she have first resided for the space of one year. Provided, That the assessment and performance of labor on any highway inany city or town, shall not be considered as a tax within themeaning of this act.

No person shall be deemed to gain a legal settlement in any town by purchase of any estate of interest in the same, whereof the consideration shall notamount to seventy-five dollars bona fide paid, for any longer or further time than such person shall inhabit in such estate and shall thereafter be liable to be removed to the town where such person was last legally settled before the said purchase and inhabitancy therein.

If any person, other than those under the title last aforesaid named, come in any town to reside shall, within forty days thereafter, deliver a notice in writing to any two of the overseers of the poor of such town, of the house or place of abode, and the number and names of his family, if he have any, it shall be the duty of the overseers of the poor to register such notice within forty-eight hours after the receipt thereof, in the town book for accounts of the poor; and in case the said overseers shall not in twelve months after such notice, cause such person and family, if he have any, to be removed out of such town in manner hereinafter mentioned, then and in such case the person so giving notice, shall be deemed to be legally settled in such town: And if any overseer of the poor shall refuse or neglect to register such notice in writing, in such time and manner as aforesaid, he shall for every such refusal or neglect, forfeit the sum of five dollars to the use of the party aggrieved, to be recovered with costs of suit in any court having cognizance thereof.

How and when the overseers may cause strangers to be examined. If any overseer of the poor shall have reason to believe that any stranger who shall have come to reside in the town of such overseer, and who shall not have obtained a legal settlement therein, is likely to come chargeable to such town, such overseer shall apply to any two justices of the peace of the county, and inform them thereof, who shall issue their warrant to any constable of such town, commanding him to bring such stranger before them, at such time and place as they shall in their said warrant appoint, and they shall examine such stranger and any other person they