Neglect, etc., to maintain, etc.

Abandonment, etc.

May seize goods, etc.

Inventory.

Approval by court.

Sales, etc.,

when void.

SEC. 9. 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 manner as shall be approved by the superintendents of the poor of the county where such poor person may be settled, and shall neglect to pay to the 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. If any such relative, being of sufficient ability, fails or refuses to obey the order of the court to relieve or maintain any poor person, and upon proceedings duly had for that purpose, has been found guilty of contempt of court for such failure or refusal, the court, on the making of such order, holding such party in contempt, in addition to the other remedies provided by law, may make an order placing such delinquent on probation or may order him confined in either one of the state prisons or in the Detroit house of correction, or other penal institution within this state, where his earnings, or at least one-half of such earnings, shall be applied to the support of such poor person until the order or decree of such court has been complied with, or until the further order of the court, but for a period of not exceeding one year.

SEC. 10. Whenever the father, or the mother, being a widow or living separate from her husband, shall abandon, neglect, or refuse to maintain his or her children, or a husband shall abandon, neglect, or refuse to maintain his wife, leaving any of them chargeable, or likely to become chargeable, upon the county for their support, a superintendent of the poor of the county where such wife or children may be, may seize upon and take immediate possession of the goods, chattels, effects, things in action, and the lands and tenements of any such father, mother or husband, wherever the same may be found in the said county; and the said superintendent shall make an inventory of the property so seized, a copy of which shall be left with the owner of the same, or at his or her last known place of residence, together with a notice to appear before the probate court of the said county within one week after such seizure, and show cause why such seizure should not have been made. Said notice shall state the time, place, and officer before whom a hearing may be had.

SEC. 11. Upon the due proof of the facts aforesaid, the said probate court shall indorse upon said inventory his approval of the proceedings, and the superintendents of the poor of said county shall then be vested with all the rights and title to the said property, things in action, and effects which the person so abandoning, neglecting or refusing to support as aforesaid, had at the time of seizure.

SEC. 12. All sales and transfers of any personal property of such father, mother, or husband, made by him or her, after

such seizure by a superintendent, whether in payment of an antecedent debt, or for a new consideration, shall be absolutely void, and the superintendent of the poor having the matter in charge shall return the inventory of the property so seized, with his proceedings thereon, to the court for the county in which such superintendent resides.

SEC. 13. The said probate court, upon inquiry into the facts Confirmation and circumstances of the case, may confirm the said seizure, etc. or may discharge the same; and if the same be confirmed, such court may 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 abandoning, neglecting, or refusing such support.

SEC. 14. The superintendents shall sell at public vendue Sale of the property so ordered to be sold, and recover the rents and goods, etc. profits of the real estate of the person so abandoning, neglecting, or refusing maintenance as aforesaid, and shall apply the same to the maintenance of the wife and children of the person aforesaid, and for that purpose shall draw on the county treasurer therefor, and they shall account to the said probate 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. 15. Whenever a party whose property has been seized when by a superintendent of the poor shall come forward and give property such security as shall be approved by two of the superintendents of the poor of such county, that the wife or children of such party shall not become, or thereafter be chargeable to the county, then the property so seized and remaining unappropriated, or the proceeds thereof, after deducting the expenses of the proceedings aforesaid, shall be restored to such party.

restored.

property,

SEC. 16. When any personal property, other than personal Personal clothing, shall have been brought to the infirmary with any order for poor person, and the same shall come into the hands of the sale of. superintendents of the poor, it shall be competent for the superintendents of the poor, on application to the probate court of the county in which said infirmary is situated, on proof of the facts, to obtain an order for the sale of any personal property that such poor person may own, at public auction, of all or any of such personal property, for the support of such poor person; whereupon, it shall be competent for such superintendents of the poor to sell the same at public auction, giving the same notice as is required on constables' sales, and the proceeds of said sale shall be placed by said superintendents in the treasury of the county. It shall be lawful for the person to whom said property shall belong at the time of said sale, when he shall cease to be a county charge, to apply for the payment of the proceeds thereof to said superintendents of the poor, who are authorized to draw their order on said treasurer for so much of such amount as

Refusal, etc., to support; penalty.

When sentence suspended.

When no liability to support.

Liability.

Children.

Parent.

When ordered to pay.

In case of non

payment.

shall not have been expended for the maintenance of said owner or his family, and said treasurer shall pay the same to the person entitled thereto.

SEC. 17. Whoever, being an adult resident of the state and possessed of or able to earn means sufficient to provide food, shelter, care, and clothing, for a parent within this state who is destitute of means of subsistence and unable either by reason of age, infirmity, or illness to support himself, neglects or refuses to supply such parents with necessary shelter, food, care, and clothing, shall be, upon conviction thereof, imprisoned in the county jail or workhouse at hard labor for not less than three months nor more than one year.

SEC. 18. If a person, committed under the last preceding section, before sentence, enters into bond to the court before whom the matter is pending, with good and sufficient surety to be approved by the court, in the penal sum of one thousand dollars, conditioned that he will furnish such parent with necessary and proper shelter, food, care, and clothing, the court shall suspend sentence.

SEC. 19. No person shall be required to furnish a parent with shelter, food, care, and clothing if it is proven that such parent abandoned, deserted, or wilfully refused or neglected to support and maintain him while an infant under sixteen years of age. This act shall be deemed to create a liability as follows:

(a) Sons or daughters shall be liable for the support of their dependent parent or parents to the extent hereinafter mentioned;

(b) A parent shall be deemed to be dependent where, by reason of age, disease, or infirmity, he is unable to maintain himself;

(c) A dependent parent or any other person with the consent in writing of the prosecuting attorney of any county may summon the sons and daughters of such parent or parents before a judge of probate who, upon proof of service of the summons, whether or not any son or daughter appears, and upon sufficient evidence being adduced that such sons and daughters have sufficient means to provide for such parent, may, in the discretion of such judge of probate having regard to the whole circumstances of the case, order such sons and daughters to pay for the support of such parent a weekly sum of money not exceeding twenty dollars with or without costs. An order may be made under the provisions of this act whether or not the dependent parent is being cared for in any sanitarium, home, asylum, or other eleemosynary institution;

(d) In case of non-payment of any sum so ordered together with costs for thirty days after the order has been made or for such less time as the order may provide, and when and so often as the payment so ordered is in arrears, such parent or person acting on his behalf may procure from the judge of probate making the order, a summons against the person in default of payment returnable on the fourteenth day after the service thereof.

SEC. 20. A summons may be served on the person named Service of therein, either personally or in such other manner as the summons. judge of probate may in writing direct, and shall require the person so served to attend at the time and place mentioned therein to show cause why the order should not be enforced as may be hereinafter provided.

enforced.

SEC. 21. If the person so summoned does not attend, as Order, when required by the summons, or show a just and sufficient reason for non-attendance, or does not satisfy the judge of probate that he is unable to pay the sum ordered to be paid, the said judge of probate may enforce the order by the like proceedings, including imprisonment, as are provided in section 9 of this act.

CHAPTER II.

Support and Relief by the Public.

tained, etc.

SECTION 1. That every poor person, who shall not be re- Who mainlieved or maintained by his relatives as provided in this act, shall be relieved and maintained by the county, in which he has gained a legal settlement, except as hereinafter provided in the case of counties in which the distinction between township, city and county poor shall not be abolished, in which case, he shall, in such counties, be relieved and maintained by the city or township in which he has a legal settlement.

tendents of

etc.

vacancy.

SEC. 2. The superintendents of the poor of each county now Superinholding office, shall continue to hold said office, and fulfill the the poor, apduties thereof according to this act, for the full term for which pointment, they were duly appointed. The board of supervisors of each county at their annual sessions in each year shall appoint one superintendent, who shall hold his office for the term of three years, and until his successor is appointed and qualified. The term of office of each and every superintendent so appointed and qualified after the passage of this act, shall commence on the first day of January next succeeding his appointment, and one at least of the superintendents so appointed shall be a resident of the place where the county seat is located: Pro- Proviso, rided, That in case of a vacancy caused by the death or removal of either of said superintendents, or otherwise, the said vacancy may be temporarily filled by an appointment made by the judge of probate of such county by an order duly entered upon the record of his court upon petition of the remaining members of said board of superintendents showing such vacancy, and that the board of supervisors is not then in session, which superintendent so appointed shall hold office until the next meeting of the board of supervisors. The supervisors shall, at their first meeting held after such vacancy occurs, appoint a successor for the unexpired term. Before entering upon the duties of his office each superintendent shall take the oath of office prescribed in the constitution and file the same in the office of the county clerk.

SEC. 3. A majority of the persons so appointed shall be at Quorum, all times competent to transact business, and to execute any

etc.

Body corporate.

Powers and duties.

Charge of infirmary.

To establish rules, etc.

Employ keepers.

Purchase furniture, etc.

Proviso.

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, but not less than four dollars for each day's service, and in addition to their actual necessary expenses.

SEC. 4. They shall be a corporation, by the name of the superintendents of the poor of the county for which they shall be appointed, 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 infirmary, if there be one, and if not, then at the place of holding the circuit court 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 who may be in their respective counties, and shall have power, and it shall be their duty:

First, To have charge of the county infirmary that has 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;

Second, To ordain and establish prudential rules, regulations, and by-laws, and for the government and good order of such places so provided, and of the county infirmaries and for the employment, relief, management, and government of the persons therein placed;

Third, 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 government of such houses as shall be necessary, reserving to the poor persons, who may be placed under the care of such keepers, the right to appeal to the superintendents;

Fourth, To purchase the furniture, implements, provisions, and materials, that shall be necessary for the maintenance of the poor and their employment and labor, and to sell and dispose of the proceeds of such labor as they shall deem expedient: Provided, That no furniture, implements, provisions, or materials, shall be purchased of a superintendent of the poor; and any superintendent being the owner of any such furniture, implements, provisions, or materials, sold to or purchased by such superintendents, or interested directly or indirectly in the profits on any such furniture, implements, provisions, or materials, by commission or otherwise, shall forfeit his interest in the same; and in addition to such forfeiture, a penalty of fifty dollars for each and every violation of the prohibitions and terms of this proviso is hereby imposed, to be collected by and in the name of the county treasurer, in the same manner as the forfeiture provided for by section twenty-one of this chapter.