of their own; but if the father before that time shall not have any settlement in this state, or in any other of the United States, the children shall in like manner follow and have the settlement of the mother. Third. Illegitimate children born within this state, shall follow and have the settlement of their mother at the time of their birth; but neither legitimate nor illegitimate children shall gain a settlement by birth in the places where they may be born, if neither of their parents shall have a settlement there. Fourth. Any minor who shall serve an apprenticeship to any lawful trade for the space of three years in any town, and actually set up the same therein within three years after the expiration of the said term, being then twenty-one years of age, and continue to carry on the same for the space of five years, shall thereby gain a settlement in such town; but such person being hired as a journeyman shall not be considered as setting up a trade. Fifth. Any person of twenty-one years of age, having an estate of inheritance or freehold in the town where he shall dwell and have his home, of the yearly income of twenty dollars, over and above the interest of any mortgage which shall be thereon, and taking the rents and profits thereof for three years successively, whether he lives thereupon or not, shall thereby gain a settlement therein. Sixth. Any person of twenty-one years of age, having a real estate which shall be of the value of two hundred dollars, over and above any mortgage or incumbrance which may be thereon, and being assessed for the same in the state and town taxes, and actually paying the same for five years sucsessively in the town where he dwells and hath his home, shall thereby gain a settlement therein. SEC. 2. Every legal settlement when gained shall continue until lost or defeated by gaining a new one; and upon gaining such new settlement, all former settlements shall be defeated and lost. An Act providing for the Relief, Employment and Removal of the Poor. SECTION 1. Towns to support their poor, and to 5. Overseers to protect them from in- 6. Action for damages may be maintained on the contract of binding. 7. Overseers may bind out to service certain persons of full age. 8. Town councils may remove paupers to the place of their settlement. Proceedings in such cases. 9. Town affected may appeal from order 10. Order of removal how executed. It is enacted by the General Assembly, as follows: SECTION 1. Every town shall be holden to relieve and support all poor and indigent persons lawfully settled therein, whenever they shall stand in need thereof: provided, however, that all persons who are holden in servitude or slavery, who have not been emancipated according to the provisions of the act entitled "an act relative to slaves and their manumission and support," contained in the digest of 1822, shall be maintained and supported at the cost and charge of their owners, their heirs, executors or administrators, if they shall ever become chargeable to the towns in which they reside; and other persons who were formerly holden in servitude or slavery, but who have been emancipated, shall be supported in the same manner, if they were of the age of thirty years when they were emancipated, or if they were not in sound body and mind as ascertained at the time of such emancipation, by the town councils of the town in which they resided; and to afford temporary relief to other poor and indigent persons; and may vote and raise money therefor and for their employment, and for the temporary relief of other poor and indigent persons, in the same way that monies for other town charges are rais ed; and shall also choose any number, not exceeding five, suitable persons dwelling therein, for overseers of the poor. SEC. 2. Said overseers shall have the care and oversight of all such poor and indigent persons so settled in their respective towns; and shall see that they are suitably relieved, supported and employed, either in the work house, or in other tenements belonging to such towns, or in such other way and manner as the inhabitants of the respective towns at any legal meeting shall direct, or otherwise at the discretion of said overseers; and may also afford temporary relief to other poor and indigent persons, at the cost of such town. SEC. 3. The kindred of any such poor person, if any he shall have in the line or degree of father or grandfather, mother or grandmother, children or grandchildren, by consanguinity, living within this state, and of sufficient ability, shall be holden to support such pauper in proportion to such ability; and the supreme court at any term thereof, in any county where any such kindred to be charged shall reside, upon complaint made by the overseer or overseers of the poor of any town who shall have been at any expense for the relief and support of any such pauper, may on due hearing, either upon the appearance or default of the kindred, they being summoned as hereafter prescribed, assess and apportion such sum as they shall judge reasonable therefor, upon such of said kindred as they shall judge of sufficient ability, and according thereto, to the time of such assessment with costs, and may enforce payment thereof by warrant of distress; and the overseer or overseers of any town complaining as aforesaid, may file their complaint in the clerk's office of the court to which such complaint shall be made, and may take out a summons thereon under the seal of said court, signed by the clerk thereof, and directed to some proper office to serve an original summons; which being served by leaving an attested copy thereof with the party to be summoned, or at his last and usual place of abode, twenty days before the sitting of the court, shall hold him to answer to such complaint: provided, nevertheless, such assessment shall not extend to any expense for any relief afforded more than six months previous to the filing of such complaint: and the said court may further assess and apportion upon such kindred such weekly sum for the future, as they shall judge sufficient for the support of such pauper, to be paid quarterly until further order of said court; and upon application, from time to time, of the overseers of the poor to whom the same shall have been ordered to be paid, the clerk of said court shall issue and may renew a warrant of distress for the arrears of any preceding quarter; and the said court may further order with whom of such kindred who may desire it, such pauper shall live and be relieved, and for such time with one and for such time with another, as they shall judge proper, having regard to the comfort of the pauper, as well as to the convenience of the kindred; and upon suggestion, other kindred of ability not named in the complaint may be notified, and the process may be continued ; and upon due notice, whether they appear or are defaulted, the court may proceed against them in the same manner as if they had been named in the complaint; but if such complaint be not entered, or be discontinued or withdrawn, or be adjudged groundless, the respondents shall recover costs; and said court may take further order from time to time, in the premises, upon application of any party interested, and may alter such assessment and apportionment as circumstances may vary. SEC. 4. Said overseers hereby are empowered from time to time, with the advice and consent of the town council, to bind out, by deed indented or poll, to any citizen of this state or of Massachusetts, or of Connecticut, as apprentices, to be instructed and employed in any lawful art, trade or mystery, or as servants, to be employed in any lawful work or labor, any male or female children whose parents are lawfully settled in and become chargeable to their town; also those whose parents so settled shall be thought by said overseers to be unable to maintain them, whether they receive alms or are so chargeable or not, provided they be not assessed in any town tax; and also all such who, or whose parents, residing in their town, are supported there at the charge of the state; also those whose parent or parents having no legal settlement in this state are residing in such town and are adjudged by the town council of such town to be unable to maintain his or her children; and also to bind out such male or female children in their respective towns, not having estate sufficient for their maintenance, as have no parents living or residing therein, and have no legal settlement within this state that is to say, male children until they come to the age of twentyone years, and females until they come to the age of eighteen years, or are married; which binding shall be as valid and effectual in law as if such children had been of the full age of twenty-one years, and had by a like deed bounden themselves, or their parents had been consenting thereto; and provision shall be made in such deed for the instruction of all children so bounden out, to read, write and cypher, and for such other instruction, benefit and allowance, either within or at the end of the time, as to the overseers may seem fit and reasonable. SEC. 5. It shall be the duty of said overseers to inquire into the usage of the children who shall be bounden out by them by force of this act, and to defend them from injuries; and said overseers shall have the same remedy in behalf of the persons so bounden out as is extended to other apprentices by an act entitled "an act to secure to masters and to apprentices and minor servants bounden by deed, their mutual privileges ;" and the masters of such apprentices bounden out by overseers as aforesaid, shall have the like remedy against such apprentices, and for the like causes as are prescribed in the aforesaid act. SEC. 6. All parties as aforesaid shall be entitled to an action for the damages they may sustain for any breach of contract entered into by such deed, and in the same manner as is prescribed in and by the afore mentioned act. SEC. 7. The said overseers of the poor shall have power to set to work or bind out to service by deed as aforesaid, for a term not exceeding one whole year at a time, all such persons residing and lawfully settled in their respective towns, and those who have no such settlement within this state, married or unmarried, upwards of twenty-one years of age, as are able of body but have no visible means of support, who live idly, and use and exercise no ordinary and daily and lawful trade or business to get their living, upon such terms and conditions as such overseers shall think proper: provided, always, that any person thinking himself aggrieved by the doings of said overseers in the premises, may apply by complaint, to the supreme court in the county where they are bounden, or where the overseers who bound them dwelt, for relief; which court, after due notice to the overseers and to the master of such person, shall have power, after due hearing and examination, if they find sufficient cause therefor, to liberate and discharge the party complaining, from his master, and to release him from the care of the overseers; or otherwise to dismiss the complaint, and to give costs to either party or not, as the said court may think reasonable. SEC. 8. 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; and 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 |