Proceed ings against hawkers, etc., trading without license. Id., justice to issue warrant to levy. Sale. Costs to defendant. Effect of refusal to show license. Hawkers and Peddlers. SS. Any citizen may apprehend and detain any person who shall be found trading as a hawker or peddler, without license, or contrary to the terms of his license, or who shall refuse to produce a license, in violation of the provisions of this title; and may convey the offender before any justice of the peace in the town or county in which he shall be apprehended. It shall be the duty of the overseers of the poor of the several towns of this State to enforce the provisions of the law in the manner herein prescribed whenever any violation thereof within their respective towns shall come to their knowledge. [MEMORANDUM. Since the enactment of L. 1880, ch. 72, a license is not required for hawking and peddling family groceries and provisions," although the produce, etc., of a foreign country.] § 9. It shall be the duty of such justice, if a sufficient license to authorize such trading be not produced to him, and the fact of trading be proved to him, either by the confession of the person so apprehended, or the oath of competent witnesses, to convict the offender of such offences against this title, as shall be so confessed or proved; and to issue his warrant on each conviction, directed to some constable of the county in which the conviction shall be had, commanding such constable to cause the sum of twenty-five dollars, with costs not to exceed five dollars, to be forthwith levied by distress and sale, at public vendue, of the goods, wares and merchandise of the offender. The moneys collected on such warrant, exclusive of the costs, shall be paid by the justice, to the overseers of the poor of the town in which the offence shall have been committed. § 10. In every case of a prosecution against any person for the recovery of any penalty given in this title, no costs shall be allowed to the defendant, if it shall appear that before the commencement of the prosecution, such defendant had refused to produce his license, or to disclose his name when lawfully required; nor in such case shall the defendant be entitled to maintain any action, against the person prosecuting him, or the constable, or other persons by whom he may have been apprehended, or to the justice issuing any warrant or other process against him, or before whom he may have been tried, for any of their acts in so prosecuting, apprehending or trying him. tion. § 11. No suit or prosecution for the recovery of any penalty imposed in this title, shall be maintained, unless it shall appear to be Limitabrought within sixty days after the commission of the offence charged. against tor. Treble 12. Every person who shall be sued for putting in execution Action this title, or doing any matter or thing pursuant to its provisions, prosecumay plead the general issue, and give the special matter in evidence; costs. and if the plaintiff in any such suit shall not prevail, the defendant shall be entitled to recover treble costs. [Preceding sections 8-12 are 1 R. S., 576, 577, §§ 8-12 (1 Edm., 534, 535). See Laws of 1840, ch. 70; and, also, L. 1880, ch. 72, allowing peddlers to sell foreign groceries and provisions without a license.] Absconding Parents. etc., ab sconding. § 8. Whenever the father, or mother being a widow or living Father, separate from her husband, shall abscond from their children, or a husband from his wife, leaving any of them chargeable or likely to become chargeable upon the public for their support, the overseers of the poor of the town where such wife or children may be, may apply to any two justices of the peace of any county in which any estate, real or personal, of the said father, mother, or husband, may be situated, for a warrant to seize the same. Upon due proof of the facts aforesaid, the said justices shall issue their warrant, authorizing the said overseers to take and seize the goods, chattels, effects, things in action, and the lands and tenements of the person so absconding. [23 B., 236; 21 W., 182; 44 B., 468.] warrant. § 9. By virtue of such a warrant, the said overseers may seize and Effect of take the said property wherever the same may be found, in the same county; and shall be vested with all the right and title to the said property, which the person so absconding had, at the time of his or her departure. All sales and transfers of any personal property left in the county from which such person absconded, made by him, after the issuing of such warrant, whether in payment of an antecedent debt, or for a new consideration, shall be absolutely void. The overseers shall immediately make an inventory of the property Duty of overseers. Proceed ings at sessions. Warrant, when justice may discharge. Powers and duties of overBeers, so seized by them, and return the same, together with their proceedings, to the next court of general sessions of the peace of the county where such overseers reside, there to be filed. § 10. The said court, upon inquiring into the facts and circumstances of the case, may confirm the said warrant and seizure, or may discharge the same; and if the same be confirmed, shall, 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 children or wife of the person so absconding. § 11. If the party against whom such warrant shall issue return and support the wife or children so abandoned, or give security satisfactory to any two justices of the town, to the overseers of the poor of the town, that the wife or children so abandoned shall not become, or thereafter be, chargeable to the town or county, then such warrant shall be discharged, by an order of such justices, and the property taken by virtue thereof, shall be restored to such party. § 12. The overseers shall sell at public vendue the property so ordered to be sold, and shall receive the rents and profits of the real estate of the person so absconding, and in those towns which are required to support their own poor, the overseers shall apply the same to the maintaining, bringing up and providing for the wife, child, or children so left and abandoned, and for that purpose shall draw on the county treasurer for the said proceeds, as hereinafter directed. They shall account to the court of general sessions of the peace, for all moneys so received by them, and for the application thereof, from time to time, and may be compelled, by the said court, to render such account at any time. [The preceding sections 8-12 are 1 R. S., 615, 616, §§ 8-12 (1 Edın., 567, 568).] Relief to paupers who cannot be removed to poor house. Relief of Poor. § 42. If it shall appear that the person so applying requires only temporary relief, or is sick, lame, or otherwise disabled, so that he or she cannot be conveniently removed to the county poor-house, or to such place as shall have been provided by the county superintendents, the overseers shall apply to a justice of the peace of the same town, who shall examine into the facts and circumstances, and shall in writing order such sum to be expended for the temporary relief of such poor person, as the circumstances of the case shall require; which order shall entitle the overseer to receive any sum he may have paid out or contracted to pay, within the amount therein specified from the county treasurer, to be by him charged to the county, if such person be a county charge; if not, to be charged to the town where such relief was afforded; but no greater sum than ten dollars shall be expended or paid for the relief of any one poor person, or one family, without the sanction in writing of one of the superintendents of the poor of the county, which shall be presented to the county treasurer, with the order of the justice. [13 J. R., 382; 3 How. P. R., 39; 8 Cow., 644.] paupers in counties § 43. If application for relief be made in any of those counties Relief to where no county poor-house or other place shall have been provided, not having as aforesaid, for the reception of the poor, the overseers of the poor houses. shall, with the assistance of some justice of the peace of the same town, inquire into the facts and circumstances of the case, and shall make an order in writing for such allowance, weekly or otherwise, as the said justice, and one of the said overseers, shall think required by the necessities of such poor person. § 44. If such pauper have a legal settlement in the town where The same. such application is made, or in any other town of the same county, the overseers shall apply the moneys so allowed to the relief and support of such pauper; the moneys paid by them, or contracted to be paid, pursuant to such order, shall be drawn by them from the county treasurer on producing the said order, out of the funds in his hands belonging to such town. [Preceding sections 42-44 are 1 R. S., 624, 625, §§ 42-44 (1 Edm., 577).] [63] 497 CHAP. 236. One overseer may act. Repeal. AN ACT to amend sections thirty-nine and forty-two of part first, chapter twentieth, title first of the Revised Statutes, so as to authorize any one of the overseers of the poor to perform the services therein mentioned. PASSED May 1, 1834. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: § 1. Any one of the overseers of the poor is hereby authorized to perform the services mentioned in the thirty-ninth and fortysecond sections of part first, chapter twentieth, title first of the Revised Statutes. § 2. So much of the thirty-ninth and forty-second sections of the act hereby amended, as is contrary hereto, be and the same is hereby repealed. [4 Edm., 5.] Overseers of the § 2. The overseers of the poor of said county shall provide for to provide such relief or support, pursuant to the order of a justice of the peace poor for temporary relief. to be obtained in the manner provided by the forty-sixth* section of the Revised Statutes above mentioned, except for medical services to an amount not exceeding five dollars, for which no order shall be required, until such persons shall be removed to the county poorhouse of such county, or until the necessity for any further expendi ture shall cease; and it shall not be necessary to obtain the sanction of the superintendent of the poor to authorize the expenditure of a greater sum than ten dollars for the relief of any one poor person or family. Provided, that such orders granted pursuant to this section shall be granted without fee or reward. [L. 1845, ch. 334, § 2 (4 Edm., 7), applicable to Livingston county and such other counties as shall have adopted the act of 1845. See § 42, p. 496, ante.] Duty of Sale of intoxicating liquors. § 19. It shall be the duty of magistrates and overseers of the poor 498 |