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tlement of a pauper, to summon the overseers of the poor of the county (to which it is proposed to remove him) to appear (or some of them) at a certain time and place, to contest the propriety of the order.

This is not only consonant to the principles of natural justice, which will not suffer any party to be condemned unheard, but if strictly attended to, might prevent an application to the county court, who are now authorised to determine on the legality of the pauper's residence. See Burn's Just. 3d vol. p. 550.

Summons to shew cause against an order of removal.

county, to wit.

To the overseers of the poor of

proper) before

dictrict, in the county of

and to every of them.

This is to summon you, or some of you, to appear (if you shall think or some other justice of the peace for the at the house of in the said county of at the hour of

said county of

on

the

day of

in the afternoon of the same day, to shew cause why A P should not be removed from district, in the county of to your district, in Given under my hand and seal, this

the said county of

day of

in the year

(B) Form of an order of removal.

county to wit.

To the overseers of the poor of

and to the overseers of the poor of

and to each and every of them.

district, in the said county, district, in the county of

Whereas complaint hath been made by AO,

district, in the county of

one of the overseers aforesaid, before me, that district, in the said county of not having gained a legal settlement there, and that the said A P is likely to become chargeable to the said county of and forasmuch as, upon due proof made thereof, as well upon the examination of the said A P, upon oath, or otherwise, and likewise upon due consideration had of the premises, I do adjudge the said complaint to be true, and do likewise adjudge, that the last legal settlement of the said A P, was in district, in the said county of

of the poor
of
JP, a justice of the peace, in and for the said county of
AP, a poor person, hath come to inhabit in

Therefore, I hereby require you, the said overseers of the poor of this said county of or some, or one of you, to convey the said A P from and out of the said district, in this said county of

to the said

district, in the said county of and him to deliver to the overseers of the poor there, or to some or one of them, together with this order, or else a true copy thereof, shewing to them at the same time the original. And I do also hereby require you, the said overseers of the poor of the said district, in the said county of to receive and provide Given under my hand

for him as an inhabitant of your said county. and seal, &c.

See the form of an order of removal in 3 Burn's Justice, page 531, &c. where the form is settled from various adjudications made on exceptions taken to the different parts of orders.

(C) Warrant against an overseer of the poor for failing to attend at an annual meeting, on sect. 20.

county, to wit.

Whereas complaint hath been made to me, JP, a justice of the peace for the said county, by A J, that A O, an overseer of the poor for district, in the county aforesaid, did fail to attend at an annual meeting of the overseers of the poor for the said county of held at. in and for the said county of on the - "day, of last past, having no reasonable excuse for the same. These are therefore to require you to summon the said A O to appear before me, or some other justice of the peace for the said county of to shew cause why the penalty of two dollars for each day he so failed to attend should not be levied upon him, for his said offence, according to law. Given, &c.

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(D) Order of two magistrates of a corporate town, for the removal of a poor person into the county, on sec

tion 27.

Corporation of

to wit.

Upon complaint this day made to us, JP, and K P, two of the magistrates for the corporation aforesaid, by A J, of the said corporation, that A P, a poor person, hath come to inhabit in the said corporation, not having gained a legal settlement there, nor been resident within the limits of the said town, for one year last past, and that the said AP is likely to become chargeable to the said corporation: We, the said magistrates, upon due proof made thereof, as well upon the examination of the said A P, upon oath, as otherwise, and likewise upon due consideration had of the premises, do adjudge the same to be true; and we do likewise adjudge, that the lawful settlement of him the said A P, is in the district of in the county of : We do therefore require you to convey the said A P from and out of the said corporation of to the said district

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in the said county of and him to deliver to the overseers of the poor there, or to some or one of them, together with this our order, or a true copy thereof, at the same time shewing to them the original. And we do also hereby require you, the said overseers of the poor of the said district to receive and provide for him as an inhabitant of your district, in the said county of Given under our hands and seals, &c.

Το

them.

in the said county of

to execute. And to the overseers of the poor of district, in the county of and to each and every of

(E) Order of two overseers of the poor, to remove a poor person, from the country into a corporate town.

county, to wit.

Whereas complaint hath been made to us, A O and B O, two of the overseers of the poor in and for the county aforesaid, by A J, that AP, a poor person, hath come to inhabit in the said county of having gained a legal settlement there, and that the said A Pis likely to become chargeable to the district of in the said county of

not

: We, the said overseers of the poor, upon due proof made* thereof, as well upon the examination of the said A P, upon oath, as otherwise, and likewise upon due consideration had of the premises, do adjudge the same to be true; and we do likewise adjudge, that the lawful settlement of the said AP is within the corporation of

it appearing to us, from due proof, that the residence of the said A P1 for one year last past, was within the limits of the said corporation of : We do therefore require you to convey the said A P from district, in the said county of and him to deliver to the magistrates there, or to some or one of them,

to

and out of the said the said corporation of of the said corporation of together with this our order, or a true copy thereof, at the same time shewing to them the original. And we do also hereby require you, the magistrates of the said corporation, to receive and provide for him as an inhabitant of your said corporation. Given under our hands and seals, the day of in the year

Το tion of

as

year of the commonwealth.

and in the

to execute. And to the magistrates of the corpora

NOTE....In all cases where a man, his wife, and children, are removed; or wherever a parent, and a child or children are removed, the age and sexes of the children must be particularly mentioned, as well the names of the parents and children, if known; if not, describe them as persons of such ages, and sexes, whose names are unknown. See various instances in 3 Burn's Justice, 536, &c. where orders have been quashed for such omissions.

The acts which will constitute a legal settlement in this state being but few indeed in comparison to those of England, much of the doctrine relating to the poor laws, which has employed the attention of so many writers in that country, is useless in this commonwealth. For, by the act first referred to (1 Rev. Code, p. 186, sect. 35.) "no person shall be accounted an inhabitant, so as to have gained a legal settlement, until such person shall have been actually resident in the county wherein he shall claim a legal settlement for the space of one whole year."

Mr. Starke (Virg. Just. p. 278.) seems to think that a settlement may also be acquired by birth and marriage, although not mentioned in the act of assembly. See 3 Burn's Just. 360, 455.

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By the eighth section of the above law, "where any dispute shal! arise respecting the residence of any poor persons, the court of any county adjacent is authorised to take cognizance thereof, and to deter ming. the same."

The ease with which all the necessaries of life may be acquired in this state, the high price of labour, together with the native independence of its citizens, prevents an application to the overseers of the poor for relief, while there is a possibility of supporting human nature without it. Our proportion of poor then, to be provided for by the county, is small; and consequently few, or perhaps no adjudications have yet been made on the subject of removals. But should the increase of the poor, at some future day, when our country becomes more populous, be so great as to make it an object with the several counties charged with their support, to compel them to remain in their proper settlements, it will be found necessary to recur to the various adjudications which have been made in England on similar points. These will be found very judiciously arranged in doctor Burn's Justice, title Poon, to which I must at present refer.

Other matters relating to poor children will be found under titles APPRENTICES and BASTARDS. And as to the duty of overseers of the poor, in relation to slaves, see title SKAVES.

PORK, BEEF, TAR, PITCH AND TURPENTINE.

SEE Virginia Laws (1 Rev. Code, ch. 128, p. 241.) where all the acts of assembly on this subject are collected.

To

(A) Warrant against an inspector, on sect. 1.

county, to wit.

constable of the said county.

Whereas complaint and information hath this day been made to me, JP, a justice of the peace for this county, by AJ, upon oath, that LJ, inspector of pork, beef, tar, &c. within the said county, did, on the day of last (or of this instant) stamp, or brand barrels of pork, the property of A M, of with the letter L; denoting large, which said barrels did contain small pork for barrels of pork or beef, containing less than two hundred and four pounds nett; or, of dirty, unsound meat, &c. as the case may be ; or, if for breach of duty against any other part of the said act, describe the offence) contrary to the act of the general assembly, in that case made and provided. These are therefore, in the name of the commonwealth, to require you to cause the said LJ to come before me, or some other justice of the peace for this county, to answer the said complaint. And have then there this warrant, with your return of the execution of the same. Given, &c.

Judgment.

Upon hearing the within complaint, it being duly proved before me, that the within named L J is guilty, and did, &c. (according to the warrant) whereby he hath incurred the forfeiture of (four dollars for each barrel so stamped, or branded, &c. if for tar, pitch, or turpentine, the penalty is one dollar for each barrel marked, Sc. contrary to law) it is therefore considered that the within named A J recover against the said LJ dollars, being the amount of the forfeiture for barrels, together with his costs in his hehalf expended. Given under my hand, at &c.

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NOTE.... That where the penalties on several barrels amount to more than five dollars (the extent of a single magistrate's jurisdiction) the same may, nevertheless, be recovered before a single magistrate, and execution awarded for the amount. See sect. 4.

To

Execution for the penalty.

county, to wit.

constable for the said county.

together with

Whereas it was this day duly proved before me, JP, one of the 'commonwealth's justices of the peace for the said county, upon the complaint of A J, that L J, inspector of pork, &c. within the said county, did, &c. (according to the complaint) contrary to the act of the general assembly, in that case made and provided, whereby he hath," forfeited the sum of cents for his costs, to the said A J, for his own use. Therefore I command you forthwith to levy the same, by distress and sale of the said L J's goods and chattels, rendering him the overplus, if any; and that you pay the said sum of together with the costs aforesaid, to the said A J, and make return how you have executed this warrant. Given under my hand and seal, &c.

Inspector's Certificate.

(Under the brand, &c. of the several casks, on the same piece of

paper, write)

county, to wit.

I do hereby certify, that

barrels of

&c. (describe

the kind) marked and branded as above, is &c. (give then the qualities required by the act.) Given under my hand, &c. at

day, &c.

on the

(B) Warrant against the seller of pork, tar, &c.

on sect. 4.

Whereas, &c. (as in the first warrant) that A M, of

county of with) N J, of

on the

in the

day of · did sell to (or barter barrels of pork (beef, tar, &c. as the case

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