New Jersey Poor Laws
Submitted by Candi Horton
Source: New Jersey, A. V. D. Honeyman; An Abridgement of Revised Statutes of New Jersey; Honeyman & Rowe; 1877
POOR Laws Revisions
Rev. March 27, 1874. [Salem County has a special poor act, 1855; supplement 1864.]
Settlement.—Every person seized of a freehold estate of the value of $130 in any township, who shall dwell in such township one full year; and every apprentice serving under indenture one full year in any township, shall there have his settlement. Mariners and healthy immigrants from Europe shall be settled in the township where they shall first reside one year. No other persons shall be deemed to be legally settled unless, within 40 days after their coming into a township, they give written notice to the overseer of the poor of their place of residence, and number of family, the receipt to be endorsed by the latter on such notice, and the paper then recorded by the town clerk, (fee to clerk, 12 cents;) and if the overseer shall not, within 12 mouths, have the party removed by warrant, he shall be legally settled. No servants bought or hired from the jails, hospitals, or work houses of other States shall gain a settlement in this State. All bastard children shall be deemed settled where the mother's last legal settlement was. Children born in poor-houses shall be deemed settled where their parents are legally settled. Persons may leave one township to reside and work in another if they take a certificate from the overseers of their last legal settlement attested by two witnesses and allowed by two justices of the peace, and, in such case, if they become chargeable for relief they shall be removed to the former township, where they shall be cared for.
Relief.—If a person in another township from his place of settlement becomes sick or lame and cannot move back, the overseer of that township shall notify the overseer of the township of his settlement of his name and condition, and request relief; and, if he refuses, on complaint to two justices of the county, they shall issue a warrant of distress to levy of the chattels of said overseer the expenses necessary to maintain such person, which shall be paid to the overseer of the township where the person is sick, (the distress to include funeral expenses, if he dies.) Where a poor person applies for relief, an overseer, together with a justice of the peace, shall inquire into his condition, and, if deserving, the justice shall give an order to the overseer to make a weekly or other allowance to such person, which order shall be the overseer's voucher for the payment of that amount. The overseer shall keep a folio book in which to register the names of all applicants for whom relief is ordered, with dates and amount, the occasion for aid, receipts, and all other matters relating to his office. To give aid without a justice's order will occasion a forfeiture of the amount so paid. Such book shall be laid before the public at the annual town-meeting. When a poor person applies for relief the overseer shall inventory his chattels, and, in case of his death, shall sell them at public venue, and out of the proceeds reimburse the township for its expenses.
Binding out Children.—Any two overseers of the poor and two justices of the peace, (or the president of the board of trustees of the poor-house, or, where there is none, the director of the board of freeholders) are enjoined to bind out poor children without parents, or whose parents shall apply for relief, or bring up their children in sloth and ignorance, and, after three months' notice to the overseers, shall refuse to bind them out, till they arrive at 21 if male, or 18 if female ; and the indenture shall always contain a clause for their instruction in reading and writing. Such justices and overseer are appointed the guardians of such children, to see they are not abused and the covenants performed.
Absconding Parents.—Where a father or widow absconds leaving children as a public charge, an overseer may apply to two justices to seize his or her chattels, and, if allowed by the Quarter Sessions, to sell the same at public venue; also to let out the annual profits of his or her lands, and to apply the proceeds for the maintenance of such children.
Poor Houses.—The overseer of any township, with the consent of the majority of the house holding inhabitants expressed at public meeting after due notice, may build, purchase or hire a house and necessary materials with money from the poor fund, and then maintain poor persons entitled to relief, and take the benefit of their labor. A person refusing to go there shall not be relieved. Or by similar consent two or more persons may maintain the poor in a house provided by them, and take the benefit of their work; or the overseers may contract with overseers of other places for maintaining the poor.
Removal.—When overseers believe persons not legally settled in their township may become chargeable to it, they shall apply to two justices of the peace, who shall issue their warrant for the constable to bring the parties before them; and if, on inquiry, their settlement is elsewhere, they shall issue a warrant of removal to the overseers. Evidence may be taken in such cases in the usual manner upon subpoenas. If persons so moved shall move back, and shall not depart after 24 hours' notice by an overseer, the latter shall complain to a magistrate, who shall send him away again, or first commit him to jail, to be fed on bread and water at the township's expense, and then send him away; but if any person will give bond in $150 to indemnify the township against charges on his behalf, he shall not be removed. When a person so removed returns and becomes chargeable to the township, the overseer shall notify the overseer of the township where his settlement is by mail, who shall take back said pauper on the original order, and refund any expenses incurred. Poor colored servants shall be removed to the township where they last served. For an overseer to refuse to receive a pauper removed by warrant is punishable by a fine of $15.
Appeal.—Any person aggrieved by a warrant of removal may appeal to the next Quarter Sessions; and no judge residing in the townships in dispute shall sit on the hearing. The appellants must give reasonable notice in writing to the Apelles of the trial of the appeal. The second term of Quarter Sessions may receive an appeal, if the Court be satisfied there were good reasons for delay. This Court, or the Supreme Court, may, on appeal, amend all defects of form, (upon affidavits filed)
Miscellaneous. — The father, mother, grandfather, grandmother, children and grandchildren of every pauper, if of sufficient ability, shall severally maintain such person as the Quarter Sessions may direct, or forfeit a sum not exceeding $6 per week for the default.. . . .Fines, forfeitures and escheats for the use of the poor shall be paid over by the overseer to the trustees of the poor-house annually before March 1st.. .[As to children of slaves, . .Where a ship arrives, having on board passengers from a foreign port the overseer of the township may require the commander to give bond in $200 for the support of sick passengers, under penalty of $100 if he refuses.. .Boards of freeholders are given authority to seize lands of paupers and sell or lease them to defray expenses of their keeping.
TRAMPS. [April 19, 1876: March 9, 1877.]
Who are Tramps.—Tramps are persons who have no legal settlement in the place where found, and live idly and without employment, and refuse to work for common wages, or are found going from door to door, or begging alms, and can give no reasonable account of themselves, 1876
Punishment of.—Every constable or police officer is required, on notice to him given by any inhabitant, or without notice, on view, to apprehend and convey any tramp to » magistrate, who shall examine and commit such person, being thereof legally convicted, to labor upon any county farm, or upon the streets, or highways, or in any house of correction, poor house, work house, or jail, for a term not exceeding 6 months, and shall commit him to persons in charge of such house, street or jail. If in the judgment of the custodians suitable labor cannot be provided for such tramps, they may on written order bind them out to labor in the service of any person or corporation for a term not exceeding the original commitment. If any person, being away from home, shall apply to any overseer of the poor, stating that he is desirous to return home, but without means to do so, such overseer may let out such person to labor at just wages, and when he shall have earned a sufficient sum, cause such person to be returned home, provided that the expense shall not exceed $20. Upon 10 days' good behavior, or satisfactory security that he will not become a charge upon the public for 1 year thereafter, the custodian of any tramp may discharge him. Boards of chosen freeholders may erect buildings for the detention of persons convicted under this act. The fees to the committing magistrate shall be 25 cents, and the officer making the arrest 50 cents, and no more, unless such actual expense as may be incurred in conveying them to the county jail. A refusal to arrest by an officer shall subject him to a penalty of $10. 1877. All poor-houses, county farms, and other places for the keeping of the poor are declared to be work-houses for the purposes of this act, and labor thereat shall be for 6 hours per day.
State Board of Health first known as State Sanitary Commission
The first general sanitary inquiry in this State, made under legislative direction, was that of 1866.
The Legislature of 1865-6 appointed a State Sanitary Commission, consisting of:
J. B. Coleman, Trenton,
R. M. Cooper, Camden,
Thomas Ryerson, Newton,
Isaac A. Nichols, Newark,
Ezra M. Hunt, Metuchen.
It was the duty of the commissioners to furnish to the Governor a report as to " the general sanitary condition of the State
and as to the prevention of epidemic and contagious diseases; as to the vaccination of the indigent, the condition of the insane
in township and county houses, and all such other facts and particulars with such suggestions and advice as will, in their opinion,
conduce to future enlightened action for the promotion of the public health."
A reference to that report will show that the commission was diligent in its inquiries and elicited many facts of importance.
Its services were recognized in connection with the cholera of that year, and various points brought to light in that report have had a bearing upon popular opinion and individual conviction since.
From the time of the report made in 1866-7, to 1873 there was no investigating legislation in respect to the public health. It was believed that greater intelligence and conviction was needed as to the dependency of much of ill health, disease and death on preventable causes. As facts in these regards were being accumulated, both in this and in foreign countries, and as our needs were becoming more apparent, not only to physicians, but to others whose calling and observations led to inquiry in this direction, it was better to abide the time when an improved public opinion or a better appreciation on the part of our governing authorities should favor further investigation; accordingly, it was not until the winter of 1873-4 that the Legislature passed an act for a commission which was to all intents a Board
of Health, but whose services were limited to a single year. This commission consisted of :
James R. Mercier, of Jersey City,
Hon. Samuel Lilly, of Lambertville,
Prof. Geo. H. Cook, of New Brunswick,
William Elmer, of Trenton,
Lewis W. Oakley, of Elizabeth,
Ezra M. Hunt, of Metuchen.
In the winter of 1876-7, Legislature saw fit to follow the course of many other States, in the appointment of a State Board of Health, to whom should be committed the duty of inquiry and suggestion as to those matters of public interest, which would naturally fall within the scope of their investigation. The Governor had been among those long recognizing the need of some such Health Board, and having given the law his sanction May 22d, 1877, appointed the following persons together with the Secretary of State, and the Attorney-General, who are members ex-officio, to constitute said board:
Ezra R. Osborne, C. E., for one year,
Elias J. Marsh, two years,
Laban Dennis, three years,
Prof. Cyrus Brackett, four years,
James M. Ridge, five years,
Theodore R. Varick, six years,
Ezra M. Hunt, seven years,
Hon. H. C. Kelsey, Secretary of State ex-officio,
Hon. John P. Stockton, Attorney General, ex-officio.
Report of The Board of Health State of New Jersey, 1877; Trenton, N.J.; Naab, Day and Nabb Printers; 1877
STATE BOARD OF HEALTH. 1878
Elias J. MARSH - President - Paterson.
Laban DENNIS - Newark.
Cyrus F. BRACKETT - Princeton.
James M. RIDGE - Camden.
Theodore R. VARICK - Jersey City.
Ezra M. HUNT - Corresponding Secretary - Metuchen.
E. A. OSBORNE - Recording Clerk - Middletown.
HON. HENRY C. KELSEY, Secretary of State, Ex-Officio.
HON. JOHN P. STOCKTON, Attorney General, Ex-Officio.
Report of The Board of Health State of New Jersey, 1878; Trenton, N.J.; Naab, Day and Nabb Printers; 1878
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