Act of February 10, 1819-January 1, 1820. R. C. ch. 239.

which have ceased to exist, it shall be lawful for the overseers of the poor of their respective counties and parishes, where such vestries have ceased to exist, to exercise all the powers and duties respecting said donations, that were vested in said vestries. And, that it shall be the duty of said overseers, to make yearly returns, and oftener if required, to their respective county courts, of their proceedings, under the penalty of one hundred dollars; and if they shall fail to apply the money as directed, for the space of six months, they shall be subject to the like penalty, and interest not exceeding five per cent. per month, on the sum so retained. The said overseers to have for moneys received and applied to the objects of the donation six per centum for their services. Jan. 30, 1806, c. 75, ed. 1808.

15. § 17. The overseers of the poor shall be, and they are hereby empowered(a) and required, at their annual meeting, to appoint a collector of such county poor rate, and to take from him bond with sufficient security, in a sum double the amount of the sum to be collected by him, payable to their president, for the use of the said overseers of the poor, to be applied towards lessening the county poor rate, and conditioned for the faithful and diligent collection of the said poor rate, and the payment to the several persons respectively entitled thereto, of the sums of money due to them, according to the entries and accounts of the said overseers of the poor, (a copy of which shall be delivered to such collector,) and also for settling with the said overseers of the poor, or their successors, at the next annual meeting, a just and true account of all his receipts and disbursements, with proper vouchers, and paying whatever balance shall, upon such settlement, appear to be in his hands. 1787, c. 48, 12 Stat. Larg. 574; 1792, c. 102, R. C. [See post. tit. SHERIFFS, &c. No. 26.1

16. 48.-This bond shall be returned to the court of the county or corporation in which such collector is appointed, within two courts next after such bond shall be executed; and shall, by order of the court, be admitted to record on failure to make such return, the president shall forfeit two hundred dollars, to be recovered by action of debt or information, in any court of record within this commonwealth, in the name of the president and directors of the Literary fund, for the benefit of said fund. The clerk, for recording the bond aforesaid, shall be entitled to a fee of one dollar, and shall have a credit therefor with the collector of the poor rates. Feb. 19, 1816, c. 31.

17. § 20.-In case of the death of any person appointed to collect the poor rates, at any time before his collection begins, the overseers of the poor shall and may have power to assemble and appoint another collector, of whom they shall take bond, &c. as in § 17. 1791, c. 20; 1792, c. 102, R. C.

18. § 19. It shall be the duty of the sheriff of every county, [see tit. SHERIFF, No. 26,] and of the serjeant of any city or borough, if appointed by the overseers of the poor(1) to collect any poor rate, to collect and account for the same, and they shall be liable to all things required and imposed on a collector of such rate by law. Any sheriff or serjeant, refusing to undertake such collection, shall forfeit and pay the sum of one hundred and fifty dollars, to be recovered in manner aforesaid, for the use aforesaid. 1788, c. 53; 1792, c. 102, R. C.

(a) Before the act of 1792, the overseers of the poor had no authority to appoint collectors in any case; but the courts might when the sheriff failed to give security, the sheriff being prima facie collector. Winston v. Overseers of poor of Hanover, 4 Call, 357.

By act of February 28, 1821, it is made the duty of the sheriff to collect poor rates. Post. tit. SHERIFFS, &c. No. 26.

(1) See Munford et al. v. Overseers of the poor, 2 Rand. 313.

Act of February 10, 1819—January 1, 1820. R. C. ch. 239.

19. § 18. The said collector shall be allowed the same commission for receiving the poor rate, as the sheriff is by law allowed for receiving county levies, and shall be subject to the same rules and regulations, and shall have the power of distress, in case of non-payment of any person chargeable therewith, immediately after the first day of June in every year. 1787, c. 48, 12 Stat. Larg. 574; 1792, c. 102, R. C. [If any person on whom any poor rate or county levy is assessed, shall not have any visible property from which it can be made, it shall be lawful for the sheriff or collector of the same to attach the effects or money of the said person in the hands of any other person; and it shall be lawful for such garnishee to pay the amount due on account of such poor rate or county levy; and the receipt of the sheriff or collector for the same shall be a discharge for so much against the person on whom such poor rate or county levy is assessed. And, if such garnishee shall refuse or fail to pay on demand the amount of any poor rate or county levy, it shall be lawful for the sheriff or collector to summon him or her before a justice of the peace; and, if he or she shall appear, and, having been duly sworn or affirmed, (as the case may be,) shall acknowledge that he or she is indebted to, or has effects in his or her hands, of the person on whom such poor rate or county levy is assessed; or, if he or she shall fail to appear, having been duly summoned or notified for that purpose, or refuse to be sworn or affirmed, it shall be lawful for the said justice to award execution against such garnishee for the amount of such poor rate or county levy, or for so much thereof as shall appear to be in the hands of such garnishee, with costs, including a fee to the sheriff or collector of sixty-three cents. Feb. 19-May 1, 1820, c. 26, § 4.] 20. § 21. It shall be lawful for such collector to appoint one or more deputies, to assist him in the collection of the poor rate, for whose conduct he shall be answerable; which deputies shall have the same powers as the collector himself; and if such collector shall refuse or neglect to settle his accounts with the overseers of the poor, as herein before directed, or shall fail or refuse to pay them any money which shall be in his hands, or in the hands of any of his deputies, or shall delay or refuse to pay off the several claims to the persons respectively entitled thereto, by order of two or more overseers, on or before the first day of November annually, it may and shall be lawful for the court of the county and corporation wherein such collector was appointed, upon the motion of the overseers of the poor, or of any of the persons having legal claims, to grant judgment against such collector and his securities, for the sums of money respectively due to the said overseers, or to such legal claimants, with costs: Provided, Such collector and his securities have ten days previous notice of such motion. And such collector shall have the same remedy and mode of recovery against his deputies, or either of them, and their securities respectively, for any sums of money, which, by virtue of this act, such collector may be subject to the payment of, on account of the transactions of any of his deputies. Ibid. and Feb. 9, 1808, c. 130, ed. 1808. [Hereafter it shall not be lawful for any county or corporation court, or for any board of overseers of the poor of this commonwealth, in their respective settlements, required by law to be made with the sheriff or other collector of the county and poor levies, to allow the said sheriff or other collector credit for any list of insolvents or delinquents in the said levies, unless it shall appear by the oath of such sheriff or collector, certified by a justice of the peace, and annexed to such list, that he could find no property within his bailiwick, after making diligent enquiry for that purpose, liable to distress for the said levies so returned delinquent, that he verily believes the said list to be correct and just, and that he has received no part of the levies therein returned. Act of March 11, 1835, Ses. Acts 1834-5, c. 56, p. 38.]

Act of February 10, 1819-January 1, 1820. R. C. ch. 239.

21. § 28. The courts of the several counties within this commonwealth are hereby empowered and required, upon application, to exempt from the payment of poor rates, all such persons as, from age or infirmities, are, or may hereafter be, entitled to an exemption from the payment of public taxes; and all those persons, who have been exempted heretofore from the payment of public taxes, are hereby exempted from the payment of the said poor rates. 1787, c. 43, 12 Stat. Larg. 567; 1792, c. 102, R. C.

22. § 22. Whenever any overseer or overseers of the poor have, or may hereafter receive of the collectors of the poor rates, any money, and shall fail to pay the same to the person or persons entitled thereto, when demanded, such person or persons, their heirs, executors or administrators, shall have the same remedy against such overseer or overseers, their heirs, executors or administrators, as he or they might have had against the collector, if the money had remained in his hands. 1791, c. 20; 1792, c. 102, R. C.

23. 23. The overseers of the poor, at their annual meeting, shall be, and they are hereby empowered to settle the accounts of the former overseers, and to receive from them any sums of money which shall be in their hands, and to call upon the collector or collectors, heretofore appointed by any vestry, or by any former overseers, for a settlement of their accounts, and payment for any balances which shall be in their hands; and, on failure of such payment, they shall have the same mode of recovery(1) as is directed by this act, for the recovery of money or tobacco in the hands of a collector of their own appointment. Wheresoever any former church-warden, collector or overseer of the poor, is dead, or shall hereafter die, without settling his accounts, and paying the balance due from him, his executors and administrators shall be liable to the same recovery as the church-warden, collector or overseer himself would have been subject to, in his lifetime: saving to such executors and administrators, the benefit of all pleas, to which they may be by law entitled. 1787, c. 48, 12 Stat. Larg. 575; 1792, c. 102, R. C.

24. 24. The said overseers of the poor are hereby empowered to levy, in the manner before directed, such sums of money as shall be necessary to pay any arrears, which may be due and unpaid by any parish or district, to individuals. 1792, c. 102, R. C.

25. § 25. All the proceedings and accounts of the overseers of the poor shall be regularly entered in a book, and shall be signed by the members present at each annual meeting; and for this purpose the said overseers of each county, or a majority of them, shall be, and are hereby empowered to appoint a clerk, and at any time, upon his misbehaviour, or neglect of duty, to remove him and appoint another in his stead, and to make such clerk an allowance, not exceeding twenty dollars annually, for his services. Ibid.

26. § 26. At the said annual meeting, each of the overseers of the county who are present, shall have a vote; and if, upon any such vote, they be equally divided, the question shall be decided in favour of that side on which the president shall have voted. 1787, c. 48, 12 Stat. Larg. 576, and Ibid.

27. 27. The overseers of the poor, if they demand the same, shall be allowed one dollar each, to be charged in their account of other expenditures, for every day they shall attend the before-mentioned annual meeting; and shall

(1) The overseers of the poor are a corporate body, who can maintain a suit. They may maintain a motion against a predecessor in office, for moneys officially received by him, and unaccounted for. They may submit such claim to arbitration. If pending such motion, the plaintiffs' own term of office expires, their motion does not abate,

they may prosecute it, being themselves accountable to their successors for the money they shall recover. Chapline v. Overseers of the Poor of Ohio county, 7 Leigh, 231. Ön the first point Tucker, P. cited the act of May, 1780, ch. 22, p. 288-9, 10 Hen. Stat. Larg., which seems to be local.

Act of February 10, 1819-January 1, 1820. R. C. ch. 239.

be subject to a penalty of two dollars for every day each of them respectively shall fail to attend the same, to be computed, in both cases, from the first day of such annual meeting, during the continuance thereof; and their clerk shall, in like manner, be subject to the penalty of two dollars for every day he shall fail to attend such annual meeting, (unless such overseers, or their clerk, respectively, shall be prevented from attending by sickness, or other unavoidable accident,) to be recovered with costs, by warrant, before any justice of the peace for the county. Ibid.

28. § 29. The overseers of each district shall, in the month of December, in each year, settle their accounts with the county court, and the money which shall remain in their hands, or in the hands of their collector, unappropriated, shall be deducted from the rate to be made for the ensuing year. And the overseers of each district failing to render their accounts as aforesaid, shall, respectively, be liable to a forfeiture of one hundred dollars for such failure, to be recovered, by action of debt, in their respective county courts, commenced in the name of the clerk of the said court, (at the expense of the county,) to be applied towards lessening the levy of such county; and the court of the county, where the failure shall happen, are hereby directed to order an attorney for the commonwealth to institute the suit. 1786, c. 17, 12 Stat. Larg. 275; 1792, c. 102, R. C.

29. § 30. The several corporation courts within this commonwealth shall have power of appointing overseers of the poor(1) within their respective corporations; and the overseers so to be appointed shall have the same powers, perform the same duties, and be subject to the same penalties as overseers of the poor in the several counties; and may sue for and recover all fines, penalties and forfeitures which may be incurred within their corporations respectively, and which are hereby directed to be prosecuted in the name, or declared to be for the benefit of the overseers of the poor. Feb. 21, 1817, c. 16.

30. 37. The corporation courts of the several corporate towns within this commonwealth, and their overseers of the poor, where there shall be overseers of the poor appointed therein, shall be and they are hereby respectively empowered and required to provide for and maintain the poor within the limits of their respective towns, separately and distinctly from the poor of the county; and any two magistrates of the said corporation courts, or any two overseers of the poor of such corporation, shall be and are hereby empowered, by warrant, under their hands, to cause to be removed any poor person to the last place of his or her legal residence, who hath not been resident within the limits of such town, for one year last past, before such removal. And, in like manner, the overseers of the poor within the county shall be and they are hereby empowered, by warrant, under the hands of any two of them, to cause to be removed into any corporate town any poor person, whose residence shall have been within the limits of such town for one year last past before such removal, except, in both cases, such poor persons only as have been lodged in any poor-house at any time during the last two years, who shall be respectively returned to and maintained by the county or town, according to their respective usual residence in either. 1787, c. 48, 12 Stat. Larg. 577; 1792, c. 102, R. C.

31. § 38. The several county and corporation courts shall be, and they are hereby respectively empowered, whenever they shall judge it necessary to provide or build a poor-house and work-house for the reception of their poor, and

(1) It seems that 'tis improper to appoint a member of the court an overseer of the poor, as the court have a control over their proceedings. See Rex v. Gayer, 1 Burr.

245; and Ld. C. J. Kenyon, in Rex v. Pateman, 2 D. & E. 779; Milward v. Thatcher, 2 D. & E. 81. Same principle. But see The King v. Patteson, 4 Barn. & Adolph. 9.

Act of February 10, 1819-January 1, 1820. R. C. ch. 239.

for the reformation of vagrants; and in all cases where a county or corporation court have, or hereafter may provide or build such poor-house or workhouse for the reception of their poor, and for the reformation of vagrants, it shall be the duty of the overseers of the poor of such county or corporation, or of the corporate court, (as the case may be,) and they are hereby required to employ or appoint a proper person or persons, as stewards or managers thereof, who shall be subject to the control and direction of such overseers or a majority of them. From 1792, c. 102, R. C.; Jan. 20, 1808, c. 118, ed. 1808.

Act of March 5, 1833, Ses. Acts 1832-3, ch. 81.

311. § 1. It shall be lawful for the county court of any county in this commonwealth wherein there is no poor and workhouse established, whenever such court shall deem it expedient, to purchase so much land, and erect such buildings thereon as the said court shall judge necessary for the protection and comfort of the poor of their county under their control. [If the court of any county or corporation, or the overseers of the poor of any county, corporation or parish shall have purchased any lands adjoining or convenient to the poorhouse, for the purpose of providing better for the support of their poor, such purchase shall be deemed and held to be legal and valid, to all intents and purposes; and that hereafter it shall be lawful for the overseers of the poor, with the approbation of the court of their county or corporation, to make such purchases of land for the better accommodation and support of their poor, when they shall deem it necessary and proper to do so; and in like manner, and with the like approbation, to sell and convey any lands which may have been or shall hereafter be so purchased. Act of Jan'y 31, 1840, c. 62, p. 52.]

312. 2. The board of overseers of the poor in the several counties of this commonwealth be, and they are hereby authorized, with the assent and concurrence of the county court entered of record, to sell and convey their poor and workhouses and lands attached to them, and purchase and provide other lands and houses more suitable to the purpose of effecting the object of the poor laws in force in this commonwealth, whensoever in the opinion of such court and board of overseers, it shall be expedient so to do.

313. 3. Whenever the overseers of the poor, or a majority of them, in any county of this commonwealth wherein a poorhouse hath been erected and established, shall believe that the poor of their county may be better supported and provided for elsewhere than in the poorhouse so erected and established, and that it is advisable to make sale of such poorhouse, with the land and appurtenances thereunto appertaining, without building or providing another poorhouse, it shall and may be lawful for such overseers of the poor, by and with the consent of the county court entered of record, (the acting magistrates of such county being previously summoned for that purpose,) to make sale of the poorhouse of their county, with the appurtenances thereof, upon such terms as may be directed by such county court, and to make a valid title to the purchaser or purchasers of the same, and the proceeds of such sale shall be applied to the lessening of the levy of the county wherein the said overseers shall respectively reside.

314. § 4. The overseers of the poor of the several counties and corporations of this commonwealth, shall have power from time to time to establish such rules and discipline for the good order and government of the workhouses and houses of correction in their counties and corporations respectively, and of the persons therein, as to the said overseers shall seem best calculated to promote the reformation of vagrants and others under their control.