Chapter 9. THE POOR.

§1. Overseers.—The county court of every county may appoint, for each magisterial district in the county, an intelligent and discreet voter residing therein, as overseer of the poor for such district, who shall hold his office during the will and pleasure of the court. Every person so appointed shall take the oath of office prescribed by the fifth section of the fourth article of the Constitution of this State, before entering upon the discharge of the duties of his office. The county court of the county shall allow each overseer therein, out of the county treasury, such sum as it may deem reasonable for his services, not exceeding one dollar and a half for each day necessarily employed by him in the duties of his office; and his own affidavit shall be received as prima facie evidence of the number of days so employed.

The word “overseer” or “overseers,” when used in this article, shall be construed as if the words “of the poor” immediately followed it.(Code 1849, c. 51, §§1-3, 25, 33; Code 1860, c. 51, §§1, 17, 25; Const. 1863, art. 7, §2; Code 1868, c. 46, §§1, 26, 32; Const. 1872, art. 9, §2; 1872-3, c. 80, §§1, 29, 38; 1881, c. 7, §§1, 26, 32; Code 1923, c. 46, §§1, 26, 32.)

§2. Property; Infirmary.—The county court of every county may purchase lands for the use of the poor, and sell and convey lands heretofore or hereafter acquired for that purpose; may receive, hold, use and dispose of, according to the rules of law and the intent of the instrument conferring title, any gift, grant, devise or bequest, made for the use of the poor under its jurisdiction; and may provide stock and implements of husbandry on any of such lands, and use such lands as a place of general reception for the poor. Such court may also provide a county infirmary, workhouse and other improvements necessary for the use and benefit of the poor. The county courts of two or more adjoining counties may, in like manner, jointly establish a place of reception for the poor of their several counties and contribute to the expense of establishing, furnishing and supporting the same, in such proportions or under such regulations as may be agreed upon; but such common place of reception shall be under the management and direction of the county court of the county in which it is situated, unless it be otherwise agreed between the courts of the several counties concerned; and the persons under whose management and direction such common place of reception may be, shall exercise, in respect to the same, the authority mentioned in section four of this article.(Code 1849, c. 51, §§17,18; Code 1860, c. 51, §§9, 10; Code 1868, c. 46, §§2, 3; 1872-3, c. 80, §§5, 6; 1881, c. 7, §§2, 3; Code 1923, c. 46, §§2, 3.)

§3. Superintendent; Bond; Duties.—The county court of any county may appoint a superintendent who, before acting as such, shall execute a bond to the said county court, in such penalty and with such sureties as the county court may deem sufficient, conditioned as required by article two, chapter six of this Code. Such superintendent shall have charge of the county infirmary or place of general reception for the poor of the county, but shall be at all times under the control of the county court, and observe the rules and regulations prescribed by it. He shall receive persons into the infirmary to be supported therein, only on the order in writing of an overseer or of said court. He shall keep a register of all such persons, showing the name and age of each person, the date when he was admitted, whether he was admitted upon the order of the county court, or an overseer of the poor, and, if the latter, the name of the overseer on whose order he was admitted. It shall also show whether any, and, if any, which, of the persons so admitted were kept at the place of general reception, for what length of time and in what manner, and shall note with the proper dates which of them were discharged or removed, escaped or died, with such other information as he may deem useful. The superintendent shall keep for the county court such money and property as it may authorize him to receive or have the care of, and dispose of the same as it may direct.(Code 1849, c. 51, §§21, 22; Code 1860, c. 51, §§13, 14; Code 1868, c. 46, §§19, 20, 22; 1872-3, c. 80, §§22, 23, 25; 1881, c. 7, §§19, 20, 22; Code 1923, c. 46, §§19, 20, 22.)

§4. Employees; Regulations.—The county court of a county may employ managers, physicians, nurses, and servants to take care of the poor, or any of them, under its charge; and prescribe regulations respecting the place at which the poor are kept, and the discipline and order to be observed or enforced at the same.(Code 1849, c. 51, §18; Code 1860, c. 51, §10; Code 1868, c. 46, §4; 1872-3, c. 80, §7; 1881, c. 7, §4; Code 1923, c. 46, §4.)

§5. Terms and Compensation of Employees.—Every officer or other person appointed or employed by the county court under the provisions of this article shall hold his office or employment at its pleasure, and receive for his services such compensation as it may deem reasonable, within the limits prescribed by section one of this article as to overseers.(Code 1849, c. 51, §25; Code 1860, c. 51, §17; Code 1868, c. 46, §23; 1872-3, c. 80, §26; 1881, c. 7, §23; Code 1923, c. 46, §23.)

§6. Education of Children.—The county court or courts of any county or counties, that have a place of reception for the poor, shall have the power, at their discretion, and at the expense of the county or counties, to provide a suitable room or building, books, stationery, and employ a suitable teacher, to educate the children at the place of reception for the poor, and the school shall be under the supervision of the county superintendent of schools of the county in which it is situated the same as the public schools of such county.(1895, c. 44; Code 1923, c. 46, §4a.)

§7. Residence of Pauper.—A person shall not be deemed to have a legal residence in any county until he has resided one year continuously therein; nor, if he has immigrated into the State within three years, unless at the time of so migrating he was able to maintain himself.(Code 1849, c. 51, §13; Code 1860, c. 51, §5; Code 1868, c. 46, §5; 1872-3, c. 80, §8; 1881, c. 7, §5; Code 1923, c. 46, §5.)

§8. Assistance to Indigent Persons or Families.—On application by or on behalf of any person who is unable to maintain himself, or by or on behalf of the family of any person when he is unable to maintain it, and the family is unable to maintain itself, such person or family, if he or they have a legal residence in the county, shall be provided for or assisted as his or their necessities may require, under the order and direction of the overseer of the district in which such settlement may be; and, if he or they have not a legal residence in the county, shall nevertheless be so provided for or assisted under the order and direction of the overseer of the district in which he may be, until properly removed as hereinafter provided. But the county court of the county may change or rescind any order or direction given by such overseer, and may direct any person or family to be provided for or assisted, though the overseer of the district has refused to do so.(Code 1849, c. 51, §13; Code 1860, c. 51, §5; Code 1868, c. 46, §6; 1872-3, c. 80, §9; 1881, c. 7, §6; 1915, c. 90, §6; Code 1923, c. 46, §6.)

§9. Care and Support; Labor.—Any person to be provided for or assisted as aforesaid may either be kept at the place of general reception or be supported or assisted elsewhere. But in a county where there is a county infirmary, he shall not be kept at the expense of the county at any place other than such infirmary, except in case of emergency or necessity, and then only as long as the emergency or necessity may require, unless, in the opinion of the court, the interests of the county and of the individual or family to be assisted will be better subserved by tendering such assistance elsewhere than at such infirmary. His need of medical, institutional or surgical attention or hospital or other service, which cannot be obtained at such infirmary, shall, in the discretion of the county court, be deemed to constitute such necessity. In cases where poor persons are supported in whole or in part by the county outside of the infirmary, the county court shall allow such sum as it shall deem necessary for the support of each person. All poor persons kept at the place of general reception, who are able to work, shall be required to perform such reasonable and moderate labor as may be suited to their sex, age, and bodily strength; and the proceeds of such work shall be appropriated to the support of the poor of the county in such manner as the court may from time to time direct. It shall be the duty of the overseer of the poor, in case of the sickness of any such poor person, to visit him or cause him to be visited by some reliable person, and if it is found that such sick person is suffering for aid, or medical or surgical attention, or hospital service, such overseer shall furnish the necessary aid and cause the necessary medical or surgical attention or hospital service to be given to such poor person, notwithstanding the sum allowed for the support of such person may previously have been exhausted; but the additional aid, attention and service so furnished through such overseer shall not exceed fifty per cent of the amount already allowed as aforesaid.(Code 1849, c. 51, §20; Code 1860, c. 51, §12; Code 1868, c. 46, §7; 1872-3, c. 80, §10; 1881, c. 7, §7; 1901, c. 76, §7; 1915, c, 90, §7; Code 1923, c. 46, §7.)

§10. Interment.—The overseer of every district shall have decently interred the remains of such persons as die therein, who, at the time of their death, may not have possessed property enough to pay the expense of such burial.(Code 1868, c. 46, §8; 1872-3, c. 80, §11; 1881, c. 7, §8; Code 1923, c. 46, §8.)

§11. Vaccination.—The overseer of any district may furnish antitoxin to, or cause to be vaccinated with proper vaccine matter, any person in such district who is unable to pay for the same.(Code 1860, c. 86, §15; Code 1868, c. 46, §9; 1872-3, c. 80, §12; 1881, c. 7, §9; 1901, c. 77; Code 1923, c. 46, §9.)

§12. Removal of Person Who Has Moved to County and is Likely to Become a Public Charge.—On the complaint of an overseer for any district, before a justice thereof, that any person has come into such county who is likely to become a public charge on such county, such justice may, by warrant, cause such person to be brought before him, and, upon proof of the truth of such complaint, shall cause the person complained of to be removed to the county wherein his last legal residence was, or, if he migrated from another state and has no legal residence in this State, to be removed to such eneral other state, unless he be so sick or disabled that he cannot be removed without cruelty or danger of life, in which case he shall be pro vided for at the charge, in the first instance, of the county wherein he is, and after his recovery shall be removed.(Code 1849, c. 51, §15; Code 1860, c. 51, §7; Code 1868, c. 46, §10; 1872-3, c. 80, §13; 1881, e. 7, §10; Code 1923, c. 46, §10.)

§13. Support of Person so Removed.—The county court of any county wherein such person had his last legal residence shall, upon his being so removed thereto, provide for him and pay all the charges incurred for his maintenance, cure and removal. If he die before removal, it shall repay the charges for his burial and those incurred during his sickness. In case of failure to comply with this section, complaint may be made before the circuit court of the county and a summons may be awarded against such county court, upon the return of which, executed, the circuit court may order such county court to provide for such person and order payment of the charges aforesaid and compel obedience to any such order by attachment or otherwise.(Code 1849, c. 51, §16; Code 1860, c. 51, §8; Code 1868, c. 46, §11; 1872-3, c. 80, §14; 1881, c. 7, §11; Code 1923, c. 46, §11.)

§14. Bringing Pauper Into State; Penalty.—If an indigent person, not having a legal residence in this State, be brought into and left in the same with intent that he should become a public charge, every person who brought, or caused to be brought, or counseled or aided in bringing, such indigent person into the State, with intent as aforesaid, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined one hundred dollars.(Code 1868, c. 46, §12; 1872-3, c. 80, §15; 1881, c. 7, §12; Code 1923, c. 46, §12.)

§15. Public Beggars.—Every overseer shall exert himself to prevent any person from going about begging or straying in any street or other place to beg. Every such person, if properly a county charge, shall immediately be taken and conveyed to the place of the general reception for the poor of the county in which he may be found, if there be one; or, if he have a legal residence in another county of this State, he may be proceeded against according to section twelve of this article. Or, where he has migrated from another state and has no legal residence in this State, the county court may cause him to be removed to such other state. To carry into effect this section, an overseer may issue a warrant to a constable.(Code 1849, c. 51, §19; Code 1860, c. 51, §11; Code 1868, c. 46, §13; 1872-3, c. 80, §16; 1881, c. 7, §13; Code 1923, c. 46, §13.)

§16. Liability of Relatives of Pauper for Support.—The relatives of any pauper, who are of sufficient ability, shall be liable in the following order to support such pauper in such manner as shall be required by the county court of the county in which the pauper may be and to pay the expenses of burial when he dies, that is to say: (a) The children; (b) if there be no children, or they be not of sufficient ability, then the father; (c) if there be no father, or he be not of sufficient ability, then the brothers and sisters; (d) if there be no brothers or sisters, or they be not of sufficient ability, then the mother, if she be of sufficient ability. But if any relative so liable does not reside in this State and has no estate or debts due him within the same, by means whereof the liability can be enforced against him, the other relatives shall then be liable to support such pauper in the order above mentioned, but no such relative shall be compelled to receive such pauper in his own house against his consent.(Code 1868, c. 46, §14; 1872-3, c. 80, §17; 1881, c. 7, §14; Code 1923, c. 46, §14.)

§17. Enforcement of Such Liability.—The county court of the county in which the pauper may be may proceed, by motion in the circuit court of such county, against any one or more of the relatives liable as aforesaid, and the court shall thereupon hear, in a summary manner, the allegations and proofs of the parties, and assess upon such of the relatives, duly notified of the proceeding, as appear to be liable there for and of sufficient ability, such sum as will reimburse to such county court the expense, if any, incurred by it in or about the support or burial of such pauper up to the time of the assessment, with interest and costs; and payment thereof may be enforced by execution. The court shall further, as the case may require, assess upon the relative such sums, to be payable quarterly thereafter to such county court until the further order of the court, as will be sufficient for the future support of the pauper, if he be living; and the clerk of the court shall, from time to time thereafter, on application of the county court, or the president thereof, issue execution for the arrears of any preceding quarter, with interest from the time appointed for the payment thereof and costs.(Code 1868, c. 46, §15; 1872-3, c. 80, §18; 1881, c. 7, §15; Code 1923, c. 46, §15.)

§18. Jury Trial; Modification of Judgment.—The court may direct any question of fact arising in such proceeding to be tried by a jury; and may from time to time, on the motion either of the county court or any relative affected thereby, vary, as circumstances may require, the judgment or order so far as it relates to the future support of the pauper. But no jury fee shall be taxed in any proceeding under this section.(Code 1868, c. 46, §16; 1872-3, c. 80, §19; 1881, c. 7, §16; Code 1923, c. 46, §16.)

§19. Other Remedies.—The county court may proceed by summons and, in a proper case, by attachment, instead of motion, against the persons, or any of them, liable as aforesaid, with like effect and subject to the like rules and principles, as if the proceedings were in stituted to recover damages for a breach of contract or money for a claim.(Code 1868, c. 46, §17; 1872-3, c. 80, §20; 1881, c. 7, §17; Code 1923, c. 46, §17.)

§20. Payment in Part for Support.—If it shall appear in any case that the party liable is unable wholly to support the pauper, but is able to contribute towards such support, the court, in its discretion, may assess upon him the proportion which he shall be required to contribute, either to the past expense incurred by the county court, or to the future support of the pauper, or both, and assess the residue upon the relatives in the order aforesaid; and payment of such assessment, with interest and costs, may be enforced by execution as aforesaid.(Code 1868, c. 46, §18; 1872-3, c. 80, §21; 1881, c. 7, §18; Code 1923, c. 46, §18.)

§21. Inspection of Infirmary; Investigation of Hospital Service.—The county court shall cause the county infirmary to be visited at least once a month by one or more of their number, or by one or more of the overseers of the poor, who shall carefully examine the condition of the inmates, the manner in which they are treated and provided for, ascertain what labor they are required to perform, inspect the books and accounts of the superintendent, and gener ally inquire into all matters pertaining to the infirmary and report to such court. The county court shall have full power to cause like examinations and inquiries to be made with refer to any hospital or other institution which shall ence to all poor persons who are receiving any hospital service or similar attention at the expense of the county.(Code 1868, c. 46, §21; 1872-3, c. 80, §24; 1881, c. 7, §21; 1915, c. 90, §21; Code 1923, c. 46, §21.)

§22. Accounts of Superintendent and Overseer.—Annually at the session of the county court at which the county levy is laid, and more frequently, if required, every superintendent or overseer shall render to the court a correct account of his transactions, with proper vouchers, and pay according to its order such balance as may be in his hands. Any superintendent or overseer failing to do so shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than thirty nor more than one hundred dollars.(Code 1849, c. 51, §23; Code 1860, c. 51, §15; Code 1868, c. 46, §24; 1872-3, c. 80, §27; 1881, c. 7, §24; 1915, c. 90, §24; Code 1923, c. 46, §24.)

§23. Recovery of Balances in Such Accounts.—The county court of any county may move for and obtain judgment in the circuit court of such county against any overseer or his representatives, or against any superintend or other person and his sureties, and his and their personal representatives, for such balance as may be in the hands of, or be owing from, such overseer, superintendent or other person, with lawful interest thereon, and for damages in addition thereto not exceeding fifteen per cent.(Code 1849, c. 51, §24; Code 1860, c. 51. §16; Code 1868, c. 46, §25; 1872-3, c. 80, §28; 1881, c. 7, §25; Code 1923, c. 46, §25.)

§24. Payment by County for Medical and Hospital Services.—In addition to all other powers and duties respecting the care of the poor, the county court of each county may, in its discretion, pay for hospital service rendered not more than one year previously, within this State, to poor persons resident or found in the county, and for medical, surgical or institutional attention given to such person within this State. Every hospital or similar institution which has received or has applied for any payment out of county funds for service and attention rendered to any poor person shall, when required by the county court, submit for its inspection such statements of account as will correctly and completely show the nature, extent and value of the service and attention rendered by it to every such person within the current period. No such payment shall be made to any hospital or other institution which shall fail to submit such statements of accounts or shall fail to permit all such examinations or to answer all such inquiries as are authorized by section twenty-one of this article.(1915, c. 90, §§24, 26a; Code 1923, c. 46, §§24, 26a.)

§25. Burial of Soldiers and Sailors.—The county court in each of the counties of this State shall designate some proper person or authority, other than that designated for the care of poor persons or paupers, or the custody of criminals, who shall cause to be interred, in a decent and respectable manner, the body of any soldier, sailor or marine who has served in the military or naval service of the United States during the rebellion, the war with Spain or the Philippines, or in the war with the imperial government of Germany, or the imperial gov ernment of Austria-Hungary, or any ex-confed erate soldier, who shall hereafter die without leaving sufficient means to defray his funeral expenses, but such expenses shall in no case ex ceed seventy-five dollars. If the deceased has any relatives or friends who desire to conduct the burial, but are unable or unwilling to pay the charges therefor, such sum shall be allowed by the court and paid out of the county treasury upon due proof of claim and of the death and burial of the soldier, sailor or marine, and the filing of vouchers showing such payments, such allowances to be paid to the person so conduct ing the burial. Such interment shall not be made in a cemetery or cemetery plot used exclusively for the burial of deceased paupers.(1901, c. 64, §33; 1919, c. 81, §33; Code 1923, c. 46, §33.)

§26. Fines.—Every fine imposed by this article shall be paid into the treasury of the county in which it is imposed.(Code 1849, c. 51, §32; Code 1860, c. 51, §24; Code 1868, c. 46, §31; 1881, c. 7, §31; Code 1923, c. 46, §31.)

§1. Jurisdiction of County Court.—The county courts in the several counties in the State shall have original jurisdiction in all cases coming within the terms of this article.(1917, c. 46, §1; Code 1923, c. 46B, §1.)

§2. Persons Entitled to Relief.—A woman whose husband is dead or permanently incapacitated for work by reason of mental or physical infirmity, or a woman who has been abandoned, and who in either case is the mother of one or more children under the age of fourteen years or is the mother of one or more children under the age of sixteen years who are not eligible for a working permit under article six, chapter twenty-one of this Code, may file application for relief under this article, provided such mother is a citizen of the United States of America, and has had a bona fide residence in this State for a period of two years, and in the county in which application is made for a period of one year, previous to the filing of such application.(1917, c. 46, §2; Code 1923, c. 46B, §2; 1923, c. 28, §2.)

§3. Official Investigation and Report on Application.—Whenever an application for relief is filed, the home of the applicant shall be visited by a member of the county court having jurisdiction of the matter, and the facts set forth in such application shall be investigated by such member under the direction of the court, and a report and recommendation of the ap proval or disapproval of such application shall be made in writing by such member without any unnecessary delay.(1917, c. 46, §3; Code 1923, c. 46B, §3.)

§4. Form and Filing of Petition for Relief.—After the investigation of such application for relief by a member of the county court, and filing a report and recommendation thereon, such member of the court, or any reputable person of the county, may file with the clerk of such court a petition in writing, duly verified, setting forth such facts as are necessary under this article to give the court jurisdiction of the parties and of the subject matter, and such other facts, which, if found by the court to be true, shall be the basis upon which the order of relief is entered. The petition shall make the mother of such children and the county court parties respondent thereto.(1917, c. 46, §4; Code 1923, c. 46B, §4.)

§5. Issuance and Service of Summons; New Process; Duties of Officers.—Upon the filing of such petition, a summons shall issue, returnable not less than three nor more than ten days after the date thereof, commanding the respondents named in such petition to appear at a place and time stated in such summons on the return day thereof. Service of the summons shall be made in the manner provided for the service of a summons in other matters in which the county court has jurisdiction. Whenever process shall not be returned executed on or before the return day thereof, the court may direct the clerk to issue an alias, pluries or other process, returnable at a time ordered by the court.

The clerk of the county court shall perform any duties required of him by this article, and the prosecuting attorney of each county shall give to such court all legal advisement coming within the purview of this article, and the sheriff shall serve all papers required of him hereunder, without compensation to either for such service.(1917, c. 46, §§5-7; Code 1923, c. 46B, §§5-7.)

§6. Appearance and Hearing on Petition.—The filing of a written appearance by a respondent shall render the service of summons on such respondent unnecessary. The county court shall proceed to hear the cause upon the return day of the summons or upon a day thereafter to be fixed by the court, without the formality of the respondents filing answers, provided all the respondents have either been served with summons or have filed their written appearance in the cause.(1917, c. 46, §8; Code 1923, c. 46B, §8.)

§7. Order of Payment; Amount; Annual Reconsideration.—Upon the hearing of an application under this article, the county court, being advised in the premises and finding the facts alleged in the application to be true, shall make an order to pay the mother of such children, in whose behalf the application is filed, the amount of money necessary to enable the mother to properly care for such children. The allowance shall be such as, in the judgment of the court, will provide such mother and her children with the necessities of life, and enable her to keep her children at home, not to exceed a maximum of forty-five dollars per month. It shall be the duty of the county court to provide for the payment to such mother, at such time as the order may designate, of the amount so specified in the order for the care of such chidren, until the further order of the court. During the month preceding the end of each fiscal year the county court shall reconsider all cases that are then receiving mothers’ pensions or poor relief, and shall enter orders fixing the aid to be given during the ensuing fiscal year. Such payments shall be made by orders drawn by the court on the sheriff of such county payable out of the county fund.(1917, c. 46, §§9, 10; Code 1923, c. 46B, §§9, 10; 1923, c. 28, §§9, 10.)

§8. Conditions Upon Which Relief Granted.—Such relief shall be granted by the county court upon the following conditions only:

(a) The children for whose benefit the re lief is granted shall be living with such mother;

(b) The court shall find that it is for the welfare of the children to remain at home with the mother;

(c) The relief shall be granted only when, in the absence of such relief, the mother would be required to work regularly away from her home and children, and when by means of such relief she will be able to remain at home, except she may be absent at work a definite number of days each week to be specified in the court’s orders when such work can be done without the sacrifice of her health and the neglect of home and children;

(d) Such mother shall, in the judgment of the court, be a proper person physically, mentally and morally to bring up her children;

(e) The relief granted shall, in the judg ment of the court, be necessary to save the children from neglect;

(f) A mother shall not receive such relief who is receiving from the workmen’s compensation fund, from property, relatives or any other source, an amount equal to the maximum amount which may be allowed under this article;

(g) The mother shall not receive relief who has not resided in this State at least two years next preceding the filing of such application, and who has not been a bona fide resident of the county in which application is made for a period of one year preceding the filing of such application;

(h) A mother shall not receive such relief if she harbors or permits to remain in her home any adult person not a member of her family;

(i) Satisfactory reports shall be given by the teacher of the district school stating that the children of the recipient of this fund are attending school, provided they are of the proper age and physically able to do so.(1917, c. 46, §11; Code 1923, c. 46B, §11; 1923, c. 28, §11.)

§9. Termination of Relief; Exception as to Children Between Thirteen and Sixteen Years.—Whenever any child shall arrive at the age of thirteen years, any relief granted to the mother for such child shall cease: Provided, That if a child of thirteen years of age be ill or incapacitated for work, the mother shall re ceive funds for his care during such illness or incapacity for work until such child is sixteen years of age, not to exceed, however, the amount hereinbefore provided, and the court may, in its discretion, at any time before such child reaches the age of sixteen years, modify or va cate the order granting relief to any mother for any child.(1917, c. 46, §12; Code 1923, c. 46B, §12.)