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to prosecute and defend suits in the name of the corporation or otherwise, to appoint agents under them, and do all other acts, which might be done by such corporation if in being, that are necessary for the final settlement of the unfinished business of the corporation. The powers of such receivers may be continued as long as the court deems necessary for said purposes.

tion of S. J. C.

SECT. 38. The court shall have jurisdiction in equity of the applica- Equity jurisdiction and of all questions arising in the proceedings thereon; and may R.S. 44, $9. make such orders, injunctions, and decrees, therein, as justice and equity 1852, 55, $2. require.

7 Met. 341.

distribute sur

1852, 55, § 2.

SECT. 39. The receivers shall pay all debts due from the corporation, Receivers to if the funds in their hands are sufficient therefor, and if not, they shall pay debts and distribute the same ratably among the creditors who prove their debts plus. in the manner directed by any order or decree of the court for that RS. 44, § 10. purpose. If there is a balance remaining after the payment of the debts, 1 Gray, 387. the receivers shall distribute and pay it to and among those who are justly entitled thereto as having been stockholders or members of the corporation, or their legal representatives.

may act under
cept, &c.

SECT. 40. Corporations now existing shall continue to exercise and Corporations enjoy their powers and privileges according to their respective charters now existing and to the laws in force, and shall continue subject to all the liabilities charters, exto which they are now subject; except so far as said powers, privileges, R. S. 38, § 36. and liabilities, are modified or controlled by the provisions of these

statutes.

SECT. 41. Every act of incorporation passed after the eleventh day of March in the year one thousand eight hundred and thirty-one, shall be subject to amendment, alteration, or repeal, at the pleasure of the legislature: but the corporation, notwithstanding such repeal, shall be subject to the provisions of sections thirty-six and thirty-seven of this chapter; and such amendment, alteration, or repeal, shall not take away or impair any other remedy which may exist by law consistently with those sections against the corporation, its members or officers, for any liability previously incurred.

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CHAPTER 79.-Of Lost Goods and Stray Beasts.

CHAPTER 80.- Of Unclaimed Property Transported by Common Carriers.
CHAPTER 81.-Of Wrecks and Shipwrecked Goods.

CHAPTER 82.- Of the Preservation of Certain Birds and Animals.

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CHAPTER 86. Of the Manufacture, Sale, &c., of Intoxicating Liquors.
CHAPTER 87. Of the Suppression of Common Nuisances.

CHAPTER 88.- Of Licenses, and Municipal Regulations of Police.

Settlements, how acquired. R. S. 45, § 1.

by married

women.

R. S. 45, § 1. 9 Mass. 201.

12 Mass. 353. 1 Pick. 506.

by legitimate children.

18 Pick. 264. 8 Cush. 528.

by illegitimate children. 13 Mass. 381. 8 Cush. 75.

by living on freehold estate. 14 Mass. 384. 2 Pick. 29.

3 Met. 165.

5 Met. 350.

13 Met. 192.

4 Cush. 172. 8 Cush. 525. 1 Gray, 619.

by being assessed.

11 Mass. 327.
15 Mass.160, 253.
22 Pick. 385.

24 Pick. 166.

3 Met. 428.

4 Met. 178.

5 Met. 350.

4 Cush. 557. 11 Cush. 292. 2 Gray, 482. 4 Gray, 283. by serving one year in

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SECTION 1. Legal settlements may be acquired in any city or town, so as to oblige such place to relieve and support the persons acquiring the same, in case they are poor and stand in need of relief, in the manner following, and not otherwise, namely:—

First. 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.

Second. Legitimate children shall follow and have the settlement of 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.

Third. Illegitimate children shall follow and have the settlement of their mother at the time of their birth, if she then has any within the state; but neither legitimate nor illegitimate children shall gain a settlement by birth in the place where they may be born, if neither of their parents then has a settlement therein.

Fourth. Any person of the age of twenty-one years, being a citizen of this or any other of the United States, and having an estate of inheritance or freehold in any place within the state, and living on the same three years successively, shall thereby gain a settlement in such place.

Fifth. Any person of the age of twenty-one years, being a citizen of this or any other of the United States, and having an estate, the principal of which shall be set at two hundred dollars or the income at twelve dollars in the valuation of estates made by assessors, and being assessed for the same, to state, county, city, or town taxes, for five years successively in the place where he dwells and has his home, shall thereby gain a settlement therein.

Sixth. Any person being chosen and actually serving one whole year in the office of clerk, treasurer, selectman, overseer of the poor,

12 Mass. 262.

assessor, constable, or collector of taxes, in any place, shall thereby gain town offices.
.a settlement therein. For this purpose a year shall be considered as 1 Pick. 129.
including the time between the choice of such officers at one annual
meeting and the choice at the next annual meeting, whether more or
less than a calendar year.

quired by min

Seventh. Every settled ordained minister of the gospel shall be Settlement acdeemed to have acquired a legal settlement in the place wherein he is or may be settled as a minister.

Eighth. Any person admitted an inhabitant by any place at a legal meeting, held under a warrant containing an article for that purpose, shall thereby acquire a legal settlement therein.

isters.
4 Cush. 553.

Jallie

by persons itants by vote.

admitted inhab

Ninth. Any citizen of this or any other of the United States, dwell-by incorporaing and having his home in any unincorporated place at the time it ton of an uninis incorporated into a town, shall thereby acquire a legal settlement place.

therein.

corporated

6 Met. 484.

where to be upon division or

6 Met. 484.

Tenth. Upon the division of a city or town, every person having a legal settlement therein, but being absent at the time of such division incorporation of and not having acquired a legal settlement elsewhere, shall have his legal town settlement in that place wherein his last dwelling place or home happens 4 Cush. 185. to fall upon such dívision; and when a new city or town is incorporated, composed of a part of one or more incorporated places, every person legally settled in the places of which such new city or town is so composed, and who actually dwells and has his home within the bounds of such new city or town at the time of its incorporation, shall thereby acquire a legal settlement in such new place: provided, that no person residing in that part of a place which upon such division shall be incorporated into a new city or town, having then no legal settlement therein, shall acquire any by force of such incorporation only; nor shall such incorporation prevent his acquiring a settlement therein, within the time and by the means by which he would have gained it there if no such division had been made.

Eleventh. A minor who serves an apprenticeship to a lawful trade for the space of four years in any place, and actually sets up such trade therein within one year after the expiration of said term, being then twenty-one years old, and continues there to carry on the same for five years, shall thereby gain a settlement in such place; but being hired as a journeyman shall not be considered as setting up a trade.

by serving apprenticeship four years, &c.

by residence and paying taxes.

5

2

Mass. 430.
Pick. 535.

10 Mass. 394.

3 Met. 428.
10 Met. 115.

Twelfth. Any person of the age of twenty-one years, being a citizen of this or any other of the United States, who resides in any place within this state for ten years together, and pays all state, county, city, or town taxes, duly assessed on his poll or estate for any five years within said time, shall thereby gain a settlement in such place. SECT. 2. No person who has begun to acquire a settlement by the 12 Met. 35. laws in force at and before the time when this chapter takes effect, in 4 Cush. 190, 557. any of the ways in which any time is prescribed for a residence, or for the continuance or succession of any other act, shall be prevented or have begun to delayed by the provisions of this chapter; but he shall acquire a settle- ments. ment by a continuance or succession of the same residence or other act R. S. 45, § 2. in the same time and manner as if the former laws had continued in force.

Provisions for
persons who

acquire settle

continue until,

SECT. 3. Every legal settlement shall continue till it is lost or de- Settlements to feated by acquiring a new one within this state; and upon acquiring such new settlement all former settlements shall be defeated and lost.

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R. S. 45, § 3.
13 Met. 192.

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Towns to sup-
port poor.
R. S. 46, § 1.
9 Met. 495.

Powers and du

ties of overseers

of the poor.
R. S. 46, § 2.
1857, 153.

See Ch. 111, § 4.

salle 73

Same subject.
R. S. 46, § 3.
See Ch. 22.

Certain kindred

R. S. 46, § 5.

R. S. 78, § 1.

10 Cush. 239.

Superior court

dred.

R. S. 46, § 6.
1859, 196.

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SECTION 1. Every city and town shall relieve and support all poor and indigent persons lawfully settled therein, whenever they stand in

need thereof.

SECT. 2. The overseers of the poor shall have the care and oversight of all such poor and indigent persons so long as they remain at the charge of their respective cities or towns, and shall see that they are suitably relieved, supported, and employed, either in the workhouse or almshouse, or in such other manner as the city or town directs, or otherwise at the discretion of said overseers. They may remove to the almshouse such children as are suffering destitution from extreme neglect of dissolute or intemperate parents or guardians.

SECT. 3. The overseers of the poor shall have the same power and authority over persons placed under their care, which directors or masters of workhouses have over persons committed thereto.

SECT. 4. The kindred of such poor persons, in the line or degree of to support, &c. father or grandfather, mother or grandmother, children or grandchildren, by consanguinity, living in this state and of sufficient ability, shall be bound to support such paupers, in proportion to their respective ability. SECT. 5. The superior court in the county where any one of such may assess kin- kindred to be charged resides, upon complaint of any city, town, or kindred who shall have been at expense for the relief and support of such pauper, may, on due hearing, assess and apportion upon such of the kindred as they shall find to be of sufficient ability, and, in proportion thereto, such sum as they shall deem reasonable for or towards the support of the pauper to the time of such assessment; and may enforce payment thereof by execution in common form: provided, that such assessment shall not extend to any expense for relief afforded more than six months previous to the filing of the complaint.

10 Cush. 239.
11 Cush. 24.

may also as

expenses.

R. S. 46, § 7.

SECT. 6. The court may further assess and apportion upon said kinsess for future dred such weekly sum as they shall deem sufficient for the future support of the pauper, to be paid quarter yearly until the further order of court; and upon application from time to time of the city, town, or kindred, to whom the same is ordered to be paid, the clerk of said court shall issue and may renew an execution for the arrears of any preceding quarter.

taxed.

SECT. 7. When the court adjudges two or more of the kindred of a Costs, how pauper to be of sufficient ability to contribute to his support, they shall R. S. 46, § 8. tax no more costs against any one respondent than is occasioned by his default or separate defence.

pauper shall
live.
R. S. 46, § 9.

SECT. 8. The court may further order with whom of such kindred, Court may orthat may desire it, such pauper shall live and be relieved, and such der with whom time with one, and such time with another, as they shall deem proper, having regard to the comfort of the pauper as well as the convenience of the kindred.

complaints.
R. S. 46, § 10.

named may be

SECT. 9. The complaint made as provided in this chapter, shall be Proceedings on filed in the clerk's office, and a summons shall be thereupon issued requiring the kindred therein named to appear and answer thereto; which summons shall be directed to any officer qualified to serve civil process between the parties, and served like an original summons, fourteen days at least before the sitting of the court to which it is returnable. SECT. 10. Upon suggestion that there are other kindred of ability, Other kindred not summoned in the original process, they may be summoned, and after than those due notice, whether they appear or are defaulted, the court may proceed summoned. against them in the same manner as if they had been summoned upon the original complaint. SECT. 11. The court may take further order from time to time in Court may make the premises, upon application of any party interested, and may alter R. such assessment and apportionment according to circumstances; and, upon all such complaints they may award costs to either party as justice requires.

R. S. 46, § 11.

new orders.

S. 40, $12. alller 68

mediate relief

&c.

R. s. 46, § 13.

2

Pick. 341.

13 Met. 192.

SECT. 12. Said overseers, in their respective places, shall provide for Overseers to the immediate comfort and relief of all persons residing or found therein, provide for imhaving lawful settlements in other places, when they fall into distress of strangers, and stand in need of immediate relief, and until they are removed to the places of their lawful settlements; the expenses whereof, incurred within three months next before notice given to the place to be charged, as also of their removal, or burial in case of their decease, may be recovered by the place incurring the same against the place liable therefor, in an action at law, to be instituted within two years after the cause of action arises, but not otherwise.

tablish settle

ment.
R. S. 46, § 14.

SECT. 13. A recovery in such action shall bar the place against which Recovery to esit shall be had from disputing the settlement of such pauper with the place so recovering, in any future action brought for his support. SECT. 14. When a person is supported in a place other than that in which he has his settlement, the place liable for his support shall not be required to pay therefor more than at the rate of one dollar a week: provided, that the place so liable shall cause the pauper to be removed within thirty days from the time of receiving legal notice that such support has been furnished.

Liability when
paper, rec
R. S. 46, § 15.
7 Pick. 155.
21 Pick. 349.

moved, &c.

4 Pick. 45.

8 Cush. 371.

case of decease

therefor.

SECT. 15. The overseers of the poor of each place shall also relieve, Overseers shall support, and employ, all poor persons residing or found therein, having support, and in no lawful settlements within this state, until their removal to a state bury, indigent almshouse, and in case of their decease shall decently bury them; the compensat expense whereof may be recovered of their kindred, if they have any there, §§ 16, chargeable by law for their support, in the manner herein before pro- 32. vided; and if in case of their burial the expense thereof is not paid by 1852, 275. such kindred, there shall be paid from the treasury of the commonwealth, five dollars for the funeral expenses of each pauper over twelve years of age, and two dollars and fifty cents for the funeral expenses of each pauper under that age.

SECT. 16. 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.

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97

Towns liable to
individuals.
R. S. 46, § 18.

7 Met. 216.
9 Met. 492,

4 Cush. 199.
6 Cush. 399,

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