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CHAPTER XXIX. Of Paupers.

XXX. Of the State Orphan Asylum.
XXXI. Of the Estate of Dr. John De La Howe.

County Com missioners to

Irovide

Houses
Farms.

and

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1. County Commissioners to pio-
vide Poor Houses and Farms.

2. To be Overseers of Poor House and
Farm; to make rules; appoint Su-
perintendent and assistants; to
provide employment for inmates,
&c.; proviso; no cruel punish-
ment allowed.

3. How legal settlements may be ac-
quired: 1. Of married women. 2.
Of legitimate children. 3. Orille-
gitimate children. 4. Of citi- |
zens generally.

4. County Commissioners to appoint
Overseers of the Poor; their
powers and duties.

5. County Commissioners may com-
mit to Poor House, if overseers
neglect or refuse.

6. Overseers to care for persons of
other places; expenses, how re-
covered.

7. To notify Overseers of proper
County, and request removal.

8. How removed, if request not com-
plied with.

9. The notice and answer may be sent
by mail; proviso.

10. Penalty for importing a pauper.
11. County Commissioners may estab.
lish additional Poor Farms; pro-
viso.

12. Charleston and Columbia may |
provide for their own poor, re-
spectively.

SEC.

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SECTION 1. It shall be the duty of the County Commissioners of Poor each County in this State, in pursuance of the authority conferred upon them by law, to provide, as soon as practicable, in their 1870, VIV, 369, County, such buildings as may be needed for the accommodation of the poor of said County; said buildings shall have connected with them sufficient tillable land to give employment to such persons, able

§ 1.

to work, as may come upon the County for support; and said buildings and land shall be known as the Poor House and Farm of said County.

To be Overseers of Poor House

and Farm; make

rules; appoint

and Assistant;

provide employ

ment for in

mates, &c.
1b., § 2.

SEC. 2. The County Commissioners shall, until otherwise provided by law, be Overseers of the County Poor House and Farm, and shall have power and authority to make all necessary rules and Sup rintendent regulations for the government of the same, and to appoint a Superintendent, with such assistants as may be needed. They shall also have the power, and it shall be their duty, to provide such employments as will be best suited to the inmates of the Poor House; and to see that every such poor person, able to work, is employed at some kind of labor; and to dispose of all articles manufactured, and all produce raised on said Farm, in such manner as may be most profitable: Provided, That the proceeds accruing from sales of produce, from rents or other sources, shall be faithfully appropriated to the support of the poor in said County: And provided, further, That no unusual or cruel punishment shall ever be allowed ed. any Poor House in this State.

in

Proviso.

No unusual pun1-hment allow

How legal settlements may be

SEC. 3. Legal settlements may be acquired in any County, so as to oblige such County to relieve and support the persons acquiring acquired. the same, in case they are poor and stand in need of relief, in the manner following, namely:

1st. A married woman shall follow and have the settlement of her husband, if he has any within the State; otherwise, her own at the time of marriage, if she then had any, shall not be lost or suspended by the marriage.

Ib., 370, § 3.

1. Of married

Women.

children.

2d. Legitimate children shall follow and have the settlement of 2. Of legitimate their father, if he has any within the State, until they gain a settlement of their own; but if he has none, they shall, in like manner, follow and have the settlement of their mother, if she has any. 3. Illegitimate children shall follow and have the settlement of 3. Of illegitimate their mother at the time of their birth, if she then has any within the State; but neither legitimate or illegitimate children shall gain a settlement by birth in the County where they may be born, if neither of their parents then has a settlement therein.

4th. Any person of the age of twenty-one years, being a citizen of this or any other of the United States, who has lived for three successive years in any County, and who has during that time maintained himself and family, shall be held to have acquired a legal settlement therein.

SEC. 4. It shall be the duty of the County Commissioners of each County in this State to appoint, annually, one or more persons, who shall be known as the Overseers of the Poor in the County. It shall be the duty of said Overseers to look after and care for the in

children.

4. Of citizens generally.

County Commispoint Overseers

sioners to ap

of the Poor. Ib., § 4.

digent, old and infirm, and all other destitute persons within the limits of the County, and said Overseers shall have authority to Their powers send any poor person who may become a charge upon the County

and duties.

County Commis

sioners may com❤

mit to Poor

House if Overseers neglect,

&c.

Ib., § 5.

Overseers to care for poor having settlement in other places.

1b., 26.

to the County Poor House, subject to such conditions as may be established by the County Commissioners.

SEC. 5. If the Overseers of the Poor of any County shall refuse or neglect to provide for any poor person who shall ask for relief, or who shall be reported to them as needing and entitled to receive relief, it shall be the duty of the County Commissioners of said County, and they shall have the power, after investigation, either upon the complaint of the person asking relief, or upon the complaint of any resident of said County, to commit such poor person to the County Poor House.

SEC. 6. The Overseers of the Poor, in their respective cities or Counties, shall provide for the immediate comfort and relief of all persons residing or found therein, having lawful settlements in other places, when they fall into distress and stand in need of immediate relief, and until they are removed to the city or County of their lawful settlement; the expenses whereof, incurred within three months next before notice is given to the place to be charged, as also of their Expenses-how removal, or burial, in case of their death, may be recovered by the

recovered.

To notify Overseers of proper County, and request removal.

Ib., 371, § 7.

How removed if request is not complet with.

Ib., 8.

city or County incurring the same, against the city or County liable therefor, in an action at law, to be instituted within two years after the cause of action arises, but not otherwise.

SEC. 7. The Overseers of the Poor of any city or County 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 city or County 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.

SEC. 8. If such removal is not effected by the last mentioned Overseers within one month after receiving the notice, they shall, within the said one month, 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 to do so, the Overseers who requested the removal may cause the pauper to be removed to the city or County of his supposed settlement by a written order, directed to any person therein designated, who may execute the same; and the Overseers of the city or County to which the pauper is so sent shall receive and provide for him; and such city or County shall be liable for the expenses of his support or removal, to be recovered in an action by the city or County incurring the same, and shall be barred from con

testing the same question of settlement with the plaintiff in such action.

Notice, &c.,

may be sent by

Ib., § 9.

SEC. 9. The notification and answer mentioned in the two preceding Sections may be sent by mail; and such notification or answer, mail. directed to the Overseer of the Poor of the city or County intended to be so notified or answered, postage prepaid, shall be deemed a sufficient notice or answer, and shall be considered as delivered to the Overseer to whom it was directed at the time when it is received at the post office of the city or County to which it is directed, and in which the Overseer resides: Provided, That said letter of notification be registered.

Proviso.

Penalty for importing a pau

Ib., 2 10.

SEC. 10. Whoever brings into and leaves any poor and indigent person in any city or County in this State, wherein such pauper is per. not lawfully settled, knowing him to be poor and indigent, and with the intent to charge such city or County with his relief or support, shall forfeit a sum not exceeding one hundred dollars for each offense, to be recovered in any proper action, to the use of such city or County.

sioners may es

al

Poor Houses. Ib., 11.

Proviso

SEC. 11. The County Commissioners shall have the power, if the County Commisconvenience or necessities of their County demand it, to establish tablish addition. additional Poor Farms in said County: Provided, That when such additional Poor Farms are established, they shall be located in portions of said County where they will be most convenient to the people at large.

SEC. 12. The city authorities of Charleston and Columbia shall be allowed, and it shall be their duty, to provide for the care of the poor within the limits of their respective cities; and the County Commissioners of Charleston and Richland Counties shall, when they levy a general poor tax for their Counties, except from the payment of the same the said cities of Charleston and Columbia: Provided, That the aforesaid authorities of the cities of Charleston and Columbia shall have made adequate provision for the support of their

poor.

Charleston and provide for their

Columbia may

own poor.

Ib., 12.

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Overseers to make annual re

tary of State. Ib., 13.

SEC. 13. The Overseers of the Poor of each city and County in this State shall, on or before the fifteenth day of October of each turn to Secre year, make and return to the Secretary of State a statement of the paupers in each city or County as they were during the year ending the thirtieth day of September preceding, which return shall contain true and correct answers to the following inquiries: What number of persons have been relieved or supported by your County (or city) during the year ending September 30th? Of those, how many have a legal settlement in your County or city? How many are foreign born? How many colored? How many white? Have you a Poor House? What number of acres of land is attached to

Nature of re

turn.

your Poor House? What is the present estimated value of your Poor House establishment? Real estate? Personal? What number of persons have been supported in your Poor House during the whole or any part of the year? What is the average number supported in the Poor House? What is the average weekly cost of supporting each pauper in the Poor House? What number of persons have been inmates of your Poor House 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 Poor House? What was the kind and quantity of crops raised on the Poor Farms? The value of that sold? The estimated value of that retained for use on the Farm? How many persons, including their families, have you supported out of the Poor House during the whole or a portion of the year? What is the average weekly cost of supporting each pauper out of the Poor House? How many have you aided out of the Poor House? How many have you relieved who were insane? How many who were idiots? What number of your poor, supported at the public charge, have been made dependent by intemperance in themselves? What number by intemperance in those who ought to have been their supporters? What is the total net cost of supporting or relieving the poor in your County or city during the year, including interest on your Poor House establishment? How many are supported in your Poor House at the present time? How many are supported out of the Poor House at the present time? How many are assisted out of the Poor House at the present time? They shall, at the same time, make correct returns of all children in such County or city, under fourteen years of age, who are supported at the public charge, specifying therein the name, age, sex and color of each. And the Secretary to Secretary of State shall furnish County Commissioners of every County, and the Overseers of the Poor of each city in the State, with blank forms of returns, which shall contain, in substance, the foregoing interrogatories.

provide blanks.

Secretary to transmit the

Assembly.

SEC. 14. The Secretary of State shall, on or before the fourth same to General Tuesday in November of each year, make out an abstract of the Ib., 372, 14. returns made to him, together with such explanatory remarks as he deems proper, and, through the Governor of the State, transmit the same to the Legislature.

Commissioners

to appo nt, and audit

of, physician for the poor.

SEC. 15. That the County Commissioners of the several Counties ace unts in the State are authorized, whenever, in their judgment, it is necessary, to appoint one or more physicians, whose duty it shall be to Joint Res furnish medical aid to the indigent sick in their respective Counties; and whenever accounts are rendered for the performance of such duty, the County Commissioners are hereby instructed to examine

tion, XIV, 421,

21.

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