SECT. 21. The overseers of the poor of a city or town, and the superintendent and board of trustees of the state almshouse, may place deserted and destitute infants in the care of the Massachusetts Infant Asylum, and such sum as may be agreed upon shall be paid for the temporary support of such infants; but such overseers and the state board of health, lunacy and charity shall use all reasonable care to collect the cost of such temporary support from parties justly chargeable with the same, when they can be ascertained, and to remove those infants not born or not having a settlement in this state.

SECT. 22. When town, city or state officers charged with the custody of destitute children delegate to an incorporated charitable institution the custody of an infant less than four years of age, such institution shall be held to comply with all the provisions of law, and be subject to all the restrictions concerning such infant that may be required by law of the officers so delegating the trust. SECT. 23. When an infant lawfully in the custody of a charitable institution as aforesaid has been wilfully deserted and abandoned for more than four months by its parents or natural guardians, the officers of such institution may procure any suitable person in this commonwealth to take and support such child for such time as may be specified in a written agreement made for that purpose, not exceeding the time when the child shall be fourteen years old. The form and conditions of such agreement shall be prescribed by the state board, and the agreement, with a descrip. tive list of the origin, name, age and person of the infant, so far as known, and the name, residence and recommendations of the person taking the child, shall be returned to the state board in such form as it may prescribe. All such children shall be subject to the visitation and control provided by law for children put out or apprenticed from state institutions; but nothing herein contained shall diminish the legal rights of parents, guardians and next of kin.

SECT. 24. Overseers of the poor shall not remove a minor under their control, beyond the limits of the commonwealth, nor allow such removal, without the approval of the judge of the probate court, granted upon application and after due notice to all parties interested, and a hearing, unless such minor has a settlement in another state. Nor shall they withhold information concerning the maintenance of such minor from any person entitled to receive the same.

SECT. 25. Any overseer of the poor who violates the provisions of the preceding section shall be punished by fine not exceeding five hundred dollars.

SECT. 26. If a person who has actually become chargeable as a pauper to a city or town in which he has a settlement, subsequently acquires a settlement in a place out of this commonwealth, the overseers of the poor of such city or town may cause him to be removed to said place of subsequent settlement, by a written order directed to any person therein designated.

SECT. 27. Every city and town shall be held to pay any expense necessarily incurred for the relief of a pauper therein by any person who is not liable by law for his support, after notice and request made to the overseers thereof, and until provision is made by them. 105 Mass. 533. 113 Mass. 47. 116 Mass. 353. 124 Mass. 286.

SECT. 28. The overseers of any place may send a written notification, stating the facts relating to any person actually become chargeable thereto, to one or more of the overseers of the place where his settlement is supposed to be, and requesting them to remove him, which they may do by a written order directed to any person therein designated, who may execute the same.

SECT. 29. If such removal is not effected by the last mentioned overseers within two months after receiving the notice, they shall within said two months send to one or more of the overseers requesting such removal a written answer, signed by one or more of them, stating therein their objections to the removal; and if they fail so to do, the overseers who requested the removal may cause the pauper to be removed to the place of his supposed settlement, by a written order directed to any person therein designated, who may exccute the same; and the overseers of the place to which the pauper is so sent shall receive and provide for him; and such place shall be liable for the expenses of his support and removal, to be recovered in an action by the place incurring the same, and shall be barred from contesting the question of settlement with the plaintiff's in such action.

SECT. 30. The notification and answer mentioned in the two preceding sections may be sent by mail; and such notification or answer, directed to the overseers of the poor of the place intended to be notified or answered, postage prepaid, shall be deemed a sufficient notice or answer, and shall be considered as delivered to the overseers to whom it is directed, at the time when it is received in the post office of the place to which it is directed and in which the overseers reside.

SECT. 31. Whoever brings into and leaves a poor and indigent person in any place in this State, wherein such pauper is not lawfully settled, knowing him to be poor and indigent, and with intent to charge such place with his relief or support, shall forfeit a sum

not exceeding one hundred dollars for each offence, to be recovered 21 Pick. 83. in an action of tort to the use of such place.

102 Mass. 216. 105 Mass. 336.

Overseers may ceased pauper, ceeds, etc.

sell estate of de

and apply pro

G. S. 70, § 21.

Allen, 23.

SECT. 32. Upon the death of a pauper who at the time of his decease is actually chargeable to a place within this state, the overseers of the poor of such place may take possession of all his real and personal property; and if administration is not taken upon his estate within thirty days after his decease, the overseers may in their own names sell and convey so much thereof as may be necessary to repay the expenses incurred for the pauper. If any part of such property is withheld from said overseers, they may in their own names sue for and recover possession of the real estate, and shall have the same remedy for the recovery of the personal estate or its value that an administrator might have in like case. SECT. 33. In all actions and prosecutions founded on the provisions of the preceding sections, the overseers of the poor of any G. S. 70, § 22. place, or any person appointed by writing under their hands, shall appear, prosecute, or defend the same to final judgment and execution in behalf of such place.

SECT. 34. Overseers of the poor shall keep full and accurate records of the paupers fully supported, the persons relieved and partially supported, and the travellers and vagrants lodged at the expense of their cities and towns, together with the amount paid for such support and relief.

SECT. 35. They shall make an annual return of the numbers of such persons supported and relieved, with the cost of such support and relief, and a record of those fully supported, to the state board of health, lunacy and charity in April in each year, for the year ending on the thirty-first day of March preceding.

may prosecute, etc.

to keep rec ords of paupers,

etc., supported

and relieved.

1867, 209, § 1.

Overseers to return to state 1875, 216.

make annual

board, etc.

to make returns every

SECT. 36. In the year eighteen hundred and eighty-five and in every tenth year thereafter the return of the overseers of the poor tenth year to shall contain true and correct answers to the following inquiries :

What number of persons have been relieved or supported by your town during the year ending September 30? Of those, how many have a legal settlement in your town? How many are foreign born? How many of the foreign born are from England and Ireland? How many state paupers have you sent to the state almshouse? How many of the poor assisted in your town or sent to state almshouse were foreigners? How many of your insane do you support in state lunatic hospitals? How many of your idiotic poor are in the Massachusetts School for Idiotic and Feeble-minded Youth? Have you an almshouse? What number of acres of land is attached to your almshouse? What is the estimated present value of your almshouse establishment? Real estate? Personal? What number of persons have been supported in your almshouse during the whole or any part of the year? What is the average number supported in the almshouse? What is the average weekly cost of supporting each pauper in the almshouse? What number

state board, etc. G. S. 70, § 23. 1875, 216, § 1.

Penalty on

towns for fail

etc.

1867, 209, § 3.

of persons have been inmates of your almshouse who are unable to perform any kind or amount of labor? What is the estimated value of all the labor performed by the poor in your almshouse? How many persons, including their families, have you supported out of the almshouse during the whole or a portion of the year? What is the average weekly cost of supporting each pauper out of the almshouse? How many have you aided out of the almshouse? How many have you supported or relieved who were insane? How many who were idiots? What number of persons, relieved or supported during the year, in your town, have become dependent by reason of insanity or idiocy? What number of your poor, supported at the public charge, have been made dependent by their own intemperance? What number by the intemperance of those who ought to have been their supporters? What is the total net amount of expense of supporting or relieving the poor in your town during the year, including interest on your almshouse establishment? How many are supported in your almshouse at the present time? How many are supported out of the almshouse at the present time? How many are assisted out of the almshouse at the present time?

They shall, at the same time, make correct returns of all children in such city or town under fourteen years of age who are supported at the public charge, specifying therein the name, age, and sex of each.

SECT. 37. If the overseers of a town or city refuse or neglect ure of overseers, to comply with the requirements of the three preceding sections, such town or city shall forfeit one dollar for each day's neglect, and the amount of such forfeiture shall be deducted from any sum to which said town or city may be entitled in reimbursement for relief of state paupers as provided in sections twenty-six and thirty-one of chapter eighty-six; and in case no such reimbursement shall be due to said town or city, the forfeiture shall be deducted from any money which may be due to it from the state.

Overseers to make semiannual returns to state board, concerning children.

1871, 370, § 1.

SECT. 38. Overseers of the poor shall make and forward returns on or before the tenth days of January and July in each year, to the state board, concerning all minor children above the age of four years who are supported at the expense of such city or town, in an almshouse or elsewhere, on the first day of said months. Said returns shall be made in such form and shall contain such information respecting said minor children as may be prescribed by the state board.

[The following statute passed in 1882 relates more particularly to the subject matter of this chapter, especially to sections 21-25, and is therefore printed here rather than in connection with chapter 86 of the Public Statutes to which its first section refers.]

[Chapter 181.]

AN ACT RELATING TO INDIGENT AND NEGLECTED CHILDREN.

Be it enacted, etc., as follows:

SECTION 1. Section forty-six of chapter eighty-six of the Public Statutes, relative to the age to which certain infants who are state paupers shall be provided for by the state board of health, lunacy and charity, is amended in the sixth line by striking out the word "two," and inserting in place thereof the word "three."

SECT. 2. The state board of health, lunacy and charity shall make all necessary provision for the care and maintenance of all poor and indigent children in need of immediate relief, between the ages of three and sixteen years, having no lawful settlement in this commonwealth, at the state primary school or elsewhere, and for that purpose shall have the same authority to commit such children to the state primary school as overseers of the poor now have to commit them to the state almshouse.

SECT. 3. Whenever it shall be made to appear to any court or magistrate that within his jurisdiction any child under fourteen years of age, by reason of orphanage, or of the neglect, crime, drunkenness or other vice of his parents, is growing up without education or salutary control, and in circumstances exposing him to lead an idle and dissolute life, or is dependent upon public charity, such court or magistrate shall, after notice to the state board of health, lunacy and charity, commit such child, if he has no known settlement in this commonwealth, to the custody of said board, and if he has a known settlement then to the overseers of the poor of the city or town in which he has such settlement, except in the city of Boston, and if he has a settlement in said city, then to the directors of public institutions of said city, until he arrives at the age of twenty-one years, or for any less time; and the said board, overseers and directors are authorized to make all needful arrangements for the care and maintenance of children so committed in some state, municipal or town institution, or in some respectable family, and to discharge such children from their custody whenever the object of their commitment has been accomplished.

SECT. 4. Whenever any of the class of children mentioned in section three are inmates of the state almshouse, application for their commitment, in the manner provided in said section, shall be made to the justice of the police court of Lowell.

[Approved April 29, 1882.