Magistrate may require security.

which such pauper shall be brought, or in which the offender may be; and shall also be obliged to convey such pauper out of the state, or support him at his own expense.

Supts. of Poor v. Nelson, 75/161; Luton v. Judge, 70/152.

(38) § 4524. SEC. 23. It shall be lawful for the justice or court before whom such person shall be convicted for a violation of the provisions of the preceding section, to require of such person satisfactory security, that he will, within a reasonable time, to be named by the justice or court, transport such person out of the state, or indemnify such county for all charges and expenses which may have been, or may be incurred in the support of such pauper; and if such person shall give security. neglect or refuse to give such security when required, it shall be the duty of the justice or court to commit him to the county jail for a term not exceeding three months.

Punishment

for refusal to

Moneys to be treasurer.

(39) § 4525. SEC. 24. All moneys which shall be colpaid to county lected by any superintendent, or by the supervisor of any township, city or ward, or received by any of them on any bond or other security given for the benefit or indemnity of any county, or of any township, city or ward, and all other moneys which shall be received by such superintendent or supervisor for the benefit of the poor, shall be by them paid over within fifteen days after the receipt of the same, to the county treasurer; and if not so paid, the same may be recovered in an action as for money had and received, to be brought by and in the name of the county treasurer, with interest at the rate of ten per cent, from the time the same shall [should] have been paid over.

On neglect, how same recovered.

Liability of superintendent for neglect to

account.

Estimates for yearly expenses.

Collection of

same.

Accounts of supervisors and justices, how audited and paid.

(40) § 4526. SEC. 25. Every superintendent who shall neglect or refuse so to render an account or statement, or to pay over any moneys as required in this act, shall forfeit the sum of two hundred and fifty dollars, and shall also be liable to an action by and in the name of the county treasurer, as for moneys had and received, for all moneys which may be in his hands after the expiration of his term of office, with interest thereon from the time when the same ought to have been paid

over.

(41) § 4527. SEC. 26. The superintendents of the poor in each county shall present to the board of supervisors at their annual meeting in each year, an estimate of the sum which, in their opinion, will be necessary during the ensuing year for the support of the county poor; and the said supervisors shall cause such sum as they may deem necessary for that purpose to be assessed, levied, and collected in the same manner as the other contingent expenses of the county, to be paid to the county treasurer, and by him to be kept as a separate fund, distinct from the other funds of the county.

(42) § 4528. SEC. 27. The accounts of the supervisors and of justices of the peace, for any personal or official services rendered by them in relation to the poor, shall be audited and

settled by the superintendents, and be paid on their order by the county treasurer; but no allowance shall be made to any officer for attending any board with accounts, for the purpose of having the same audited or paid.

of superintendents of poor.

contain.

(43) § 4529. SEC. 28. It shall be the duty of the superin- Annual reports tendents of the poor of each county, on or before the twentieth day of October in each year, to report to the secretary of the state, for the year ending on the thirtieth day of September next preceding, and in such form as such secretary shall direct, the condition of such poorhouse during the preceding year; which report shall contain a statement of the number what to of paupers, insane, idiots, blind, mutes, and the average number of each class maintained during the preceding year; also the cost of supporting such persons in the poorhouse; the salary of the keeper thereof; the amount paid for medical attendance; the estimated amount earned by paupers, and their nationality; the amount paid for the transportation of paupers; the amount paid to supervisors for services; the amount paid to superintendents of the poor; the number of persons who have received temporary relief outside [of] the poorhouse during the year; and the amount paid for such relief; the value of county farms, including buildings; the value of all personal property belonging or attached to such poorhouse and farm, and the income received from the county farm. Such report shall also contain a statement of the general condition of the farm house and other buildings, the manrer in which paupers are treated, how they are fed, clothed, and in what manner such persons are cared for; how the insane and idiots are kept, and what are their accommodation and treatment; how the pauper children are educated; what the facilities are for bathing, heating and ventilation, and to include all other information necessary to give a complete account of the condition of such poorhouse.

Rowland v. Supts. of Poor, 49/558.

(44) § 4530. SEC. 29. Any superintendent who shall neg. Liability of lect or refuse to make such report as aforesaid, or who shall superintend ent for neglect wilfully make any false report, shall forfeit one hundred dol- to report. lars; and the secretary of state shall give notice to the prosecuting attorney of the county of every such neglect or refusal, or misconduct.

Secretary of

(45) § 4531. SEC. 30. The secretary of state shall annually lay before the legislature, during the first month of its state to report session, an abstract of said report.

to legislature.

(46) § 4532. SEC. 31. The provisions of this act shall not Detroit exapply to the city of Detroit.

3

empted.

Where distinction between

town and

county poor is

SUPPORT OF POOR BY TOWNSHIPS.

(47) § 4533. SEC. 32. In those counties in which the distinction between township and county poor shall not be abolnot abolished. ished by the board of supervisors, the poor having a settlement in any township in such counties shall be supported at the expense of such township, and the poor not having such settlement shall be supported by the county in which they may be, as hereinbefore provided.

Who deemed settled in townships.

How minor

may gain settlement.

Settlement of paupers.

Where paupers to be supported.

The law raises an implied promise on the part of a township chargeable with the support of a pauper to furnish such support and the township is liable for necessaries furnished such pauper, after due notice to the supervisor and his neglect or refusal to furnish support.-Eckman v. Brady Twp., 81/73. See La Grange Twp. v. Supts. of Poor, 115/181; Kalkaska Co. v. Grand Traverse Co., 120/249; Jackson Co. v. Hillsdale Co., 124/18.

(48) § 4534. SEC. 33. Every person of full age, who shall have been a resident and inhabitant of any township for one year, and the members of his family who shall not have gained a separate settlement, shall be deemed settled in such township. A minor may be emancipated from his or her father, and may gain a settlement:

First, If a female, by being ntarried and living one year with her husband, in which case the husband's settlement shall determine that of the wife;

Second, If a male, by being married and residing separately from the family of his father;

Third, By being bound as an apprentice, and serving one year by virtue of such indentures;

Fourth, By being hired, and actually serving for one year for wages to be paid such minor.

Jackson Co. v. Hillsdale Co., 124 / 18.

(49) § 4535. SEC. 34. A woman of full age, by marrying, shall acquire the settlement of her husband, if he have any; and until a poor person shall have gained a settlement in his own right, his settlement shall be deemed that of his father or mother; but no child born in any place used and occupied as a residence for the poor of the township, city or county, shall gain any settlement merely by reason of the place of such birth; nor shall any child, born while the mother is a county pauper, gain any settlement by reason of the place of its birth; and no residence of any person as a pauper, in the county poorhouse, or place provided for the support of the poor in any township, while supported at the expense of any township or county, shall operate to give such pauper a settlement in the township where such actual residence may be had.

(50) § 4536. SEC. 35. No person shall be removed as a pauper from any city or township to any other city or township of the same or any other county, nor from any county to any other county, but every poor person shall be supported in the township, city, or county where he may be, as follows:

First, If he has gained a settlement in any township or city

in such county, he shall be maintained by such township or city;

Second, If he has not gained a settlement in the county in which he shall become poor, sick or infirm, he shall be supported by the superintendents of the poor, at the expense of the county;

Third, If such person be in a county where the distinction between township and county poor is abolished, he shall in like manner be supported at the expense of the county, and in both of the cases aforesaid, proceedings for his relief shall be had as hereinbefore provided;

Fourth, If such pauper shall be in a county where the respective townships are liable to support their poor, and has gained a settlement in some other township or city of the same county than that in which he may then be, he shall be supported at the expense of the township or city where he may be, and the supervisor shall give notice in writing to the supervisor of the township, or the director of the poor of the city, to which such pauper shall belong, or to one of them, requiring them to provide for the relief and support of such pauper.

Eckman v. Brady Twp.. 81/73; La Grange Twp. v. Supts. of Poor, 115/183; Jackson Co. v. Hillsdale Co., 124 / 19.

When town

cluded from

(51) § 4537. SEC. 36. If within ten days after the service of such notice, the supervisor or director of the poor to whom ship, etc., prethe same was directed, shall not proceed to contest the allega- contesting tion of the settlement of such pauper, by giving the notice settlement. hereinafter directed, such supervisors or director of the poor, their successors, and the township or city which they represent, shall be forever precluded from contesting or denying such settlement. Such supervisor or director of the poor may, Notice of apwithin the time aforesaid, give notice in writing to the super- pearance before superinvisor of the township, or the director of the poor of the city tendents. where such pauper may be, that he will appear before the superintendents, at a place, and on a day therein specified, which day shall be at least ten days, and not more than thirty days from the time of the service of such notice, to contest

the said alleged settlement. The county superintendents are Attendance of hereby authorized, for such purposes, to issue subpoenas to witnesses. compel the attendance of witnesses, and to administer oaths in the manner, and with the same power to enforce such process, as is given justices of the peace in any matter cognizable

be filed with county clerk.

tendents to convene to

by them. Their decisions shall be filed in the office of the Decision to county clerk within thirty days after they are made, and shall be conclusive and final upon all parties interested. (52) § 4538. SEC. 37. The county superintendents shall When superinconvene whenever required by any supervisor, pursuant to such notice, and shall proceed to hear and determine the con- hear the troversy, and may award costs, not exceeding ten dollars, to the prevailing party, which may be recovered in any action. before a court of competent jurisdiction.

controversy.

receiving no

pauper.

Proceedings

so to do.

Supervisor on (53) § 4539. SEC. 38. The supervisor of the township in tice may take which it may be alleged any pauper has gained a settlement, and maintain may at any time after receiving such notice requiring him to provide for such pauper, take and receive such pauper to his township, and there support him. If he omit to do so, or when he omits shall fail to obtain the decision of the county superintendents, so as to exonerate him from the maintenance of such pauper, the charge of giving such notice, and the expenses of maintaining such pauper, after being allowed by the county superintendents, shall be laid before the board of supervisors at their annual meetings, from year to year, as long as such expenses shall be incurred; and the supervisor shall annually add the amount of the said charges to the tax to be laid upon the township to which the pauper belongs, together with such sum in addition thereto as will pay the township incurring such expenses the lawful interest thereon, from the time of expenditure to the time of payment, which sums shall be assessed, levied, and collected in the same manner as the other contingent expenses of such township. The said moneys when collected, shall be paid to the county treasurer, and be by him credited to the account of the township which incurred the said expense.

When support charged to county.

(54) § 4540. SEC. 39. The support of any pauper shall not be charged to the county without the sanction of the superintendents. If a pauper be sent to the county poorhouse, or place provided for the poor, as a county pauper, the superintendents in those counties where the respective townships are required to support their own poor, shall immediately inquire into the fact, and if they are of opinion that such pauper has a legal settlement in any township of the said county, they shall, within thirty days after such pauper shall have been received, give notice to the supervisor of the township to county pauper which such pauper belongs, that the expenses of his support to be charged will be charged to such township, unless the said supervisor, within such time as the said superintendents shall appoint, not less than twenty days thereafter, show that such township ought not to be so charged. And on the application of the said supervisor, the superintendents shall re-examine the matter, and take testimony in relation thereto, and shall decide the question, which decision shall be final.

Notice to be given when expenses of a

to township.

Decision of

intendents, where recorded.

(55) § 4541. SEC. 40. The decisions of the board of board of super- county superintendents, in relation to the settlement of any paupers, or to their being a charge upon the county, shall be entered in books to be provided for that purpose, and certified by the signatures of such of the said superintendents as make Effect of origi- such decisions; and a duplicate thereof, certified in the same manner, shall be filed in the county clerk's office within thirty days after the making of any such decision. Such original, or a copy thereof, duly certified, shall be conclusive evidence of the facts therein contained.

nal or copy.

Separate account with townships.

(56) § 4542. SEC. 41. In those counties where the respective townships are required to support their poor, the county