conviction thereof shall be punished by imprisonment in the county CHAPTER 36. VIII. SEC. 37. If any person professing or holding himself out to be a Actions for malphysician or surgeon, shall be guilty of any neglect or mal-practice, practice in ceran action on the case may be maintained against such person so professing, and the rules of the common law applicable to such actions against licensed physicians and surgeons, shall be applicable to such actions on the case; and such mal-practice or neglect may be given in evidence in bar of any action for services rendered by such person so professing. Chapter 42. Of the Maintenance of Ellegitimate Children. Chapter 43. Of the Observance of the First Day of the Week, and the Prevention and Punishment of Immorality. Chapter 44. Of the Law of the Road and the Regulation of Public Carriages. Chapter 45. Of the Firing of Woods and Prairies. Chapter 46. Of Timber and Lumber floating on Waters and carried upon adjoining Lands. Chapter 47. Of Lost Goods and Stray Beasts. Chapter 48. Of Fire Departments in Cities and Villages. Chapter 49. Of certain Municipal Regulations of Police. Chapter 50. Of Unauthorised Banking, and certain Notes or Evidences of Debt issued by Banks. Chapter 51. Of the Destruction of Wolves and other Noxious Animals. CHAPTER 37. to support poor relations. OF THE SUPPORT OF POOR PERSONS BY THEIR RELATIVES. SECTION 1. The father, mother, and children, being of sufficient Certain persons ability, of any poor person who is blind, old, lame, impotent or decrepit, so as to be unable to maintain himself, shall at their own charge, relieve and maintain such poor person, in such manner as shall be approved by the directors of the poor of the township where such poor person may be. In case of fail dents to apply to circuit court. SEC. 2. Upon the failure of any relative to relieve and maintain any ure, supesinten- such poor person, it shall be the duty of the superintendents of the poor of the county where such poor person may be, to apply to the circuit court for the county where such relative may dwell, for an order to compel such relief; of which application at least fourteen days' notice in writing shall be given by serving the same personally, or by leaving the same at the dwelling place of the person to whom it may be directed, in case of his absence therefrom, with some person of sufficient age. Court to make order, SEC. 3. The court to which such application may be made, shall pro TITLE IX. ceed in a summary way to hear the proofs and allegations of the par- CHAPTER 37. ties, and shall order such of the relatives aforesaid, of such poor person, as appear to be of sufficient ability, to relieve and maintain such poor person, and shall therein specify the sum which will be sufficient for the support of such poor person, to be paid weekly. Order in which Contribution, SEC. 4. The said court shall also in such orders direct the relative or relatives who shall perform that duty, in the following order: the relations are liafather shall be first required to maintain such poor person, if of suffi- ble. cient ability; if there be no father, or he be not of sufficient ability, then the children of such poor person; if there be no such children, or they be not of sufficient ability, then the mother, if she be able to do so. SEC. 5. If it shall appear that any such relative is unable wholly to maintain such poor person, but is able to contribute towards his support, when to be orthe court may, in its discretion, direct two or more relatives of different degrees to maintain such poor person, and shall prescribe the proportion which each shall contribute for that purpose; and if it shall appear that the relatives liable as aforesaid, are not of sufficient ability wholly to maintain such poor person, but are able to contribute something therefor, the court shall direct the sum, in proportion to their ability, which such relations shall severally pay weekly for that pur pose. dered. Order what to cases. SEC. 6. Such order may specify the time during which the relatives aforesaid shall maintain such poor person, or during which any of the specify; may be said sums so directed by the court shall be paid, or it may be indefinite, varied in certain or until the further order of the court; and the said court may from time to time vary such order, whenever circumstances shall require it, on the application either of any relative affected thereby, or of any superintendent of the poor, upon fourteen days' notice being given in the manner aforesaid. SEC. 7. The costs and expenses of any application under the pro- Payment of costs visions of this chapter, shall be ascertained by the court, and paid by how enforced. and expenses,&c. the relatives against whom any order may be made, and the payment thereof, and obedience to the order of maintenance, and to any order of such court for the payment of money as aforesaid, may be enforced process of attachment from such court. by Action may be case of neglect, SEC. 8. If any relative who shall have been required by such order to relieve or maintain any poor person shall neglect to do so in such brought by su manner as shall be approved by the directors of the poor of the town- perintendents in ship where such poor person may be, and shall neglect to pay to the &c.. superintendents of the poor of the county, weekly, the sum prescribed by the court for the support of such poor person, the said superintendents may maintain an action against such relatives, as for moneys paid, laid out and expended, and shall recover therein the sum so prescribed by the said court for every week the said order shall have been disobeyed, up to the time of such recovery, with costs of suit, for the use of the poor. apply for war absconding. SEC. 9. Whenever the father, or the mother being a widow, or liv- When superining separate from her husband, shall abscond from his or her children, tendents may or a husband from his wife, leaving any of them chargeable, or likely to rant to seize esbecome chargeable upon the public for their support, the superintend- tate of person ents of the poor of the county where such wife or children may be, may apply to any two justices of the peace of any county in which any estate, real or personal, of the said father, mother or husband may be situated, for a warrant to seize the same. TITLE IX. CHAPTER 37. When warrant ty of superintendents thereon. SEC. 10. Upon due proof of the facts aforesaid, the said justices shall issue their warrant, authorizing the said superintendents to take and seize the goods, chattles, effects, things in action, and the lands to issue, and du- and tenements of the person so absconding; and the said superintendents, by virtue of such warrant, may seize and take the said property, things in action, and effects, wherever the same may be found in the same county, and they shall be vested with all the rights and title to the said property, things in action, and effects, which the person so absconding had at the time of his or her departure. Sales by owner sued to be void. SEC. 11. All sales and transfers of any personal property left in the after warrant is county from which such person absconded, made by him or her after the issuing of such warrant, whether in payment of an antecedent debt, or for a new consideration, shall be absolutely void; and the return by super- said superintendents shall immediately make an inventory of the property, things in action, and effects so seized by them, and return the same with their proceedings, to the next circuit court for the county in which [such] superintendents reside, there to be filed. Inventory and intendents. Circuit court may confirm a discharge warrant, &c. Order for sale. Sale of property, and application of proceeds. When two justices may discharge order. SEC. 12. The said circuit court, upon inquiring into the facts and circumstances of the case, may confirm the said warrant and seizure, or may discharge the same; and if the same be confirmed, such court shall from time to time direct what part of the personal property shall be sold, and how much of the proceeds of such sale, and of the rents and profits of the real estate, if any, shall be applied towards the maintenance of the wife and children of the person so absconding. SEC. 13. The superintendents shall sell, at public vendue, the property so ordered to be sold, and receive the rents and profits of the real estate of the person so absconding, and shall apply the same to the maintenance and support of the wife or children of the person so absconded, and for that purpose shall draw on the county treasurer therefor; and they shall account to the said circuit court for all moneys so received by them, and for the application thereof, from time to time, and may be compelled by said court to render such account at any time. SEC. 14. If the party so absconding return and support the wife or children so abandoned, or give security to the superintendents of the poor of such county, to be approved by two justices of the peace of such county, that the wife or children so abandoned shall not become, or thereafter be chargeable to the county, then such warrant shall be discharged by an order of such justices, and the property taken by virtue thereof, and remaining unappropriated, or the proceeds thereof, after deducting the expenses of the proceedings aforesaid, shall be restored to such party. Poor persons, CHAPTER 38. OF THE SUPport of poOR PERSONS BY COUNTIES. SECTION 1. Every poor person who is blind, old, lame, sick or dewhen to be main crepit, or in any other way disabled or enfeebled, so as to be unable to tained by coun- maintain himself, and who shall not be relieved or maintained by his relatives as provided in the preceding chapter, shall be maintained by TITLE IX. CHAPTER 38. superintendents, the county in which he may be, according to the following provisions. SEC. 2. It shall be the duty of the board of supervisors of each county, at their annual meeting in each year, to appoint three discreet Appointment of freeholders of such county to be superintendents of the poor within their oath of of the same, who shall hold their offices for one year, and until others fice. shall be appointed in their places and duly qualified, and who shall take the oath of office prescribed in the twelfth article of the constitution, and file the same with the county clerk. SEC. 3. A majority of the persons so appointed shall be at all times Compensation. competent to transact business, and to execute any powers vested in the board of superintendents; and they shall be allowed such sum for their actual attendance and services, as the board of supervisors of the county shall deem reasonable. ers as such, &c. SEC. 4. They shall be a corporation by the name of the superinten- To be a corpora dents of the poor of the county for which they shall be appointed, ton, their pow. and shall possess the usual powers of a corporation for public purposes, and they shall meet as often as the board of supervisors of the county shall direct, at the county poor-house, if there be one, and if not, then at the place of holding the circuit courts in their county, and at such other times and places as they shall deem necessary. SEC. 5. They shall have the general superintendence of all the poor Specification of who may be in their respective counties, and shall have power, and it certain powors shall be their duty, 1. To have charge of the county poor-houses that have been or shall be erected, and to provide suitable places for the keeping [of] such poor, when so directed by the board of supervisors, when houses for that purpose shall not have been erected by the county; and for that purpose to rent a tenement or tenements, and land not exceeding eighty acres, and to cause the poor of the county to be maintained at such places: 2. To ordain and establish prudential rules, regulations and bylaws, for the government and good order of such places so provided, and of the county poor-houses, and for the employment, relief, management, and government of the persons therein placed; but such rules, regulations and by-laws shall not be valid until sanctioned by the judges of the county court: 3. To employ one or more suitable persons to be keepers of such houses or places, and all necessary officers and servants; and to vest in them such powers for the goverment of such houses as shall be necessary, reserving to the paupers who may be placed under the care of such keepers, the right to appeal to the superintendents: 4. To purchase the furniture, implements, and materials that shall be necessary for the maintenance of the poor, and their employment in labor, and to sell and dispose of the proceeds of such labor as they shall deem expedient: 5. To prescribe the rate of allowance to be made by any persons for bringing paupers to the county poor-house or place provided for the poor, subject to such alterations as the board of supervisors may, by general resolution, make : 6. To authorize the keepers of such houses or places, to certify the amount due to any person for bringing such paupers; which amount shall be paid by the county treasurer, on the production of such certificate, countersigned and allowed by any two of the superintendents: and duties. |