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collected upon the said Parish in like manner as provided in the last Section, and when collected shall be paid over to the Treasurer of the said City.
64. The Overseers of the Poor of any Parish within the County of York for which no Commissioner shall be appointed under this Chapter, or the Overseers of the Poor of any Parish in the County of Sunbury, may contract and agree with the Commissioner of the Almshouse for the said City for the care and maintenance by the said City of any poor person or persons sent from their respective Parishes to the said Almshouse, in the same manner and to the same extent as mentioned in the last preceding Section, and shall lay before the Municipal Council of their respective Counties the like account as therein prescribed; and the moneys therein mentioned as due shall be assessed, levied, collected and paid in like manner as prescribed in the said last Section.
65. The profits of any work or labour to be performed under the direction of the said Commissioners, or any of them, shall be duly accounted for by them, and shall be applied toward the support and maintenance of the persons inhabiting within the said Almshouse.
66. Nothing in this Chapter shall affect any liability now existing and due from any Parish in the said Counties of York or Sunbury to the said City for the care and maintenance of poor persons.
67. Upon a requisition signed by.twelve ratepayers upon property in any Parish in the said County of York interested in the Almshouse, the Town Clerk shall call a public meeting of the ratepayers upon property resident in such Parish, and who shall have paid the rates legally due from them in such Parish, to consider the propriety of disposing of the interest of the inhabitants of such Parish in the Almshouse.
68. Thirty days notice of the time and place of such meeting shall be given by publication thereof in a News. paper published in the County, and by handbills posted up in six public places in such Parish.
69. The Town Clerk shall preside at such meeting, and if it shall be determined by the majority of such ratepayers upon property then present, that a sale of the interest of such Parish in the said Almshouse should take place, then the
said Clerk shall forthwith transmit to the Secretary-Treasurer of the County a report of the proceedings of such meeting, signed by him, and sworn to before a Justice of the Peace of the County, together with an affidavit of the due publi. cation of the said notices.
70. The Secretary-Treasurer shall at the next meeting of the Municipal Council after the receipt of any such report lay before snch Council the reports so transmitted to him, and it shall be lawful for the said Council to order to be sold at public auction to the highest bidder the interest of one or more such Parishes.
71. Upon any such sale being made, and the purchase money paid or secured to the Municipality, such Council shall convey to the purchaser thereof, by deed in the name of the Municipality of the County of York, all the right, title and interest of any such Parish in the said Almshouse, and the land thereto belonging; and any such conveyance being duly executed under the seal of the said Municipality,signed by the Warden,and countersigned by the Secretary-Treasurer, and proved in the manner provided for the proof of Deeds of Corporations, may be registered in the Office of the Registrar of Deeds and Wills for the said County, and shall vest in the purchaser thereof all the right, title and interest of the said Municipality,either at law or in equity, in the said property, so far as relates to the said Parish in respect to which such sale shall have been made.
72. The proceeds of the sale of the said property shall be paid to the Secretary-Treasurer for the public use of the respective Parishes authorizing such sale; provided nevertheless, that no such proceeds shall be paid by the said Treasurer to any person until the full amount actually due to the City of Fredericton by such Parish, (if any at the time of such sale,) be first paid off and discharged.
73. If the ratepayers present at any such meeting, called for the purpose of this Chapter, cannot agree to dispose of the interest of the Parish in the Almshouse, or if no contract can be made by the Municipal Council for such sale, it shall be lawful for the respective Clerks of the Parishes, as often as occasion may require, to call other public meetings for that purpose, in the manner directed in the sixty seventh and sixty eighth Sections of this Chapter, and the same proceedings shall be had thereon as directed for such first ugeeting.
SETTLEMENT OF THE POOR. Section.
Section. 1 Legal settlement to be first gained 7 Justice to issue Warrant of remo
before Parish obliged to support. val ; Warrant to whom directed. (1) What constitutes legal settle. 8 Costs and expenses of removal, ment.
by whom paid. (2) Settlement of married women. 9 Costs, &c. how recovered. (3) Settlement of legitimate chil. 10 Overseer of Parish where relief is dren.
asked, to notify Overseer of Poor (4) Settlement of illegitimate of Parish where settlement is had. children.
11 Pauper relieved by person not lia(5) Settlement of minors.
ble for his support, Parish to re2 Settlements how and when lost. fund. 3 Duty of Overseers of Poor to re- 12 Where no Overseers of Poor, Com
lieve poor who have settlement missioners of Aloshouse to act. in another Parish. Amount of 13 Definition of the term “ Parish." relief, how recovered.
14 Right ot Overseers to appeal. 4 What shall bar Overseers from 15 If judgment be recovered against disputing settlement.
Overseer, out of what fund shall 5 Poor may be removed to Parish amount be paid.
where they have legal settlement. 16 When pauper may be committed 6 Costs and expenses of removal, to gaol. by whom ordered.
18 Forms of proceedings. · 1. A legal settlement in any Parish in this Prorince shall b~gained, so as to subject and oblige such Parish to reliere and support the persons gaining the same, in case they become poor and stand in need of relief, by the ways and means following :-
First-Every person of the age of twenty one years who shall be resident in any Parish in this Province for one year, shall thereby gain a settlement therein, and within the first year after the passage thereof, the residence of such person before the passing of this Chapter to be taken into account in determining such period of one year.
Second— A married woman shall always follow and hare the settlement of her husband if he hare any within the Province, otherwise her own at the time of marriage, if she then had any,shall not be lost or suspended by the marriage.
Third-Legitimate children shall follow and have the settlement of their father if he have any within the Province, till they gain a settlement of their own, but if he have nove, they shall in like manner follow and have the settlement of their mother if she have any.
Fourth-Illegitimate children shall follow and have the settlement of their mother at the time of their birth, if she have any within the Province, 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 then have any settlement there.
Fifth— Any minor who shall serve an apprenticeship to any lawful trade for the space of four years in any Parish, and being of the age of twenty one years, at the expiration of such term shall thereby gain a settlement in such Parish.
2. All settlements acquired under this Chapter shall remain until lost by gaining others in some of the modes hereinbefore specified, and upon such settlement being gained, all former ones shall be defeated and lost.
3. The Overseers of the Poor in their respective Parishes shall provide for the immediate support and relief of any person residing or found therein not belonging thereto but having lawful settlement in some other Parish, when they shall fall into distress and stand in need of immediate relief, and until they shall be removed to the places of their lawful settlement, the expenses whereof, incurred within three months next before written notice given to the Overseers of the Poor of the Parish to be charged, as also of their removal, or of their burial in case of their decease, may be sued for and recovered by the Overseers of the Parish incurring the same, against the Overseers of the Poor of the Parish which is liable therefor, in an action at law, provided that such action shall be commenced within two years after the cause of action shall have arisen, but not otherwise.
4. A recovery in such action shall bar the Overseers of the Poor of the Parish against whom it shall be had from disputing the settlement of such pauper with the Overseers of the Poor of the Parish so recovering in any future action brought for the support of such pauper.
5. All persons actually chargeable, or who shall apply for relief, or who through age or infirmity, idleness or dissoluteness, are likely to become chargeable to any Parish wherein they are found, but in which they have no lawful settlement may be removed to the place of their lawful settlements, if they have any within the Province; the order to effect such removal, and also to recover the expenses incurred for the relief of such persons, if the Orerseers of the Poor of the Parish where such persons are found choose that mode in preference to a civil action, said Overseers may apply by complaint to any Justice of the Peace in their County, not being an inhabitant of their Parish, and the said Justice is authorized to issue his sum ions into any County, to be served as other civil processes may be upon the Overseers of the Poor of the Parish where said person's settlement is alleged to be, and also issue his summons to be served upon the person whose removal is contemplated, and upon such witnesses as he may see fit; the said Justice may examine the said party to be removed under oath, and may compel his attendance for that purpose by warrant if he see cause; he shall hear his objection to such removal, and for good cause may continue the process one or more times, not ex: ceeding three months in all, and after due examination and hearing, whether the Overseers of the Poor summoned appear or not, shall proceed to give judgment for or against the complainant, and make a record thereof.
6. In such cases costs shall be awarded in farour of the prevailing party,and the record shall state the determination of the Justice where the party intended to be remored has his legal settlement, and as to his remoral, and whether from being actually chargeable having applied for relief, or only likely to become chargeable, and the damages for expenses incurred by the Overseers of the Poor of the Parish making complaint, and the estimated expenses of such removal, shall be ordered in addition to the costs above mentioned.
7. Upon judgment of remoral such Justice shall within three months, and not afterwards, issue his warrant of removal directed to the Sheriff of the County or his Deputy, or any Constable, or to any individual by name, or all or any of them to be served, also requiring the Overseers of the Poor of the Parish to which such person is to be removed to receive and provide for him as an inhabitant of that Parish, a copy of which warrant shall be served on some one or more of the said Overseers ; such person may be transferred by land or water.
8. Such Orerseers shall be obliged to remove and proride for such p’rson accordingly; such Justice shall also by an order under his hand direct the damages, costs and estimated expenses of remoral to be paid to the Orerseers of the Poor applying, by the Overseers of the Poor of the Parish where he shall adjudge such person to have his legal settlement.