SECT. 17. "A written notification." As to the form of such notification, see Lynn v. Newburyport, 5 Allen 545.

SECT. 18. As to what might amount to a waiver of the want of a proper answer, see Petersham v. Coleraine, 9 Allen 91, 93. SECT. 23. For the records and returns now required of overseers of the poor, see St. 1867, c. 209. (Prior acts on this subject, now repealed. St. 1862, c. 112, s. 1, 2, 3. — St. 1864, c. 307, s. 6, 7.)

CHAPTER LXXI.

OF ALIEN PASSENGERS AND STATE PAUPERS.

Process under this chapter may be served by the state constable or his deputies. St. 1866, c. 292, s. 2.

Board of Alien Commissioners.

Board of alien commissioners abolished, and the board of state charities substituted in its place. St. 1863, c. 240.St. 1869, c. 453.

SECT. 4. This section "made applicable to any corporation or party by whose means any person not having a settlement in this commonwealth is brought into the state." St. 1866, c. 272, s. 1.

SECT. 9. Certain facts to be included in annual report. St. 1860, c. 83, s. 1.

Alien Passengers.

Office of superintendent of alien passengers in the city of Boston abolished, and his duties transferred to the general agent of state charities. St. 1863, c. 240, s. 6. Such officer to have supervision of vessels bringing passengers to any port in this state, &c., &c. St. 1869, c. 251.

SECT. 12. The officers authorized. by this section, to be appointed and commissioned by the general agent of state charities, and to be deemed his deputies, &c. Power and duties of such deputies. St. 1869, c. 251.

SECT. 12, 14. Provisions of these sections to "apply to all vessels arriving at any port of this commonwealth from any port or place without the limits of the United States, or which shall have stopped at any such port or place during their voyages." St. 1866, c. 292, s. 1.

SECT. 16-18. Repealed by St. 1865, c. 160.

SECT. 25. Provisions of this section made "applicable to any corporation or party by whose means any person not having a settlement in this commonwealth is brought into the state." St. 1866, c. 272, s. 1.

Corporations bringing in foreigners to labor, to give bond for their support. St. 1866, c. 272, s. 2.

The Hospital at Rainsford's Island.

SECT. 26. Office of inspector of hospital at Rainsford's Island abolished. Duties to be performed under direction of board of state charities by such officer or officers as they may designate. St. 1869, c. 43.

(Term of office and appointment of inspectors previously altered by St. 1861, c. 195.)

SECT. 29. Certain soldiers with infectious diseases may be admitted. St. 1864, c. 170.

State Almshouses and State Paupers.

Establishment of state workhouse. St. 1866, c. 198. St. 1869, c. 258.

Receptacle for insane criminals to be provided at Tewksbury almshouse. St. 1864, c. 288, s. 10.

SECT. 32. Salary of inspector altered to $150 per annum without travelling expenses. St. 1862, c. 212.;

SECT. 36. Provisions for sending certain Indians to state almshouses. St. 1863, c. 159.

Persons infected with smallpox or other dangerous diseases, or whose health would be endangered by removal, not to be sent. How such persons shall be supported. St. 1865, c. 162. SECT. 40, 41. Repealed by St. 1864, c. 169, s. 1.

SECT. 42. The words "as aforesaid," and "according to the provisions of section forty," struck out, and the words "and the expense of such care and treatment of any discharged convict shall be paid by the city or town where he may have a legal settlement, or if he is a state pauper, by the Commonwealth," added by St. 1864, c. 169, s. 2.

SECT. 43. This section amended by St. 1866, c. 234, s. 1, 2. (See also St. 1861, c. 94, s. 1, repealed by St. 1866, c. 234, s. 3.)

SECT. 47. Inspectors of state almshouses when binding out minors as apprentices shall insert certain provisions in the indentures of apprenticeship. St. 1869, c. 302.

SECT. 49. "If a pauper having a legal settlement," &c. Certain persons who have served in the army or navy of the United States to be deemed such. St. 1865, c. 230.- St. 1866, c. 288.

For an explanation of the intent of this section, see Commonwealth v. Dracut, 8 Gray 455, 457.

SECT. 52. Provision for removal, by overseers of the poor, of paupers, having settlement in this state, to place without this state, in which they have subsequently acquired one. St. 1868, c. 328, s. 2.

Certain state paupers may be removed by board of state charities out of the state to a place where they have a legal settlement or friends willing to support them. St. 1860, c. 83. -St. 1863, c. 240.

CHAPTER LXXII.

OF THE MAINTENANCE OF BASTARD CHILDREN.

Process under this chapter may be served by the state constable or his deputies. St. 1866, c. 292, s. 2.

This chapter is not applicable in cases where the child was begotten and born in another state and neither mother nor

child ever had a residence in this state. Grant v. Barry, 9 Allen 459. But the mere fact that the child was begotten out of the state, its parents then residing out of the state, will not prevent its application, if the child is born here, both its parents residing here at the time of birth. McFadden v. Frye, 13 Allen 472.

In proceedings under this chapter the facts need not be proved, according to the rule in criminal cases, beyond the possibility of a doubt, but only by a preponderance of evidence. Richardson v. Burleigh, 3 Allen 479, 481.

No statute of limitations applies to complaints under this chapter. Wheelwright v. Greer, 10 Allen 389, 391.

A complaint under this chapter may be commenced after the death of the bastard. Meredith v. Wall, 14 Allen 155.

SECT. 1. It is not necessary that the husband of the mother of a bastard should join with her in the complaint. Sullivan v. Kelly, 3 Allen 148.

As to the county in which a complaint should be brought, see Garlick v. Bartlett, 4 Allen 365.- Williams v. Campbell, 3 Met. 209. Gallary v. Holland, 15 Gray 50.

It is not necessary that the original complaint should be in writing. Smith v. Hayden, 6 Cush. 111.

The complainant's "accusation and examination" need not be committed to writing by the magistrate or in his presence. Sayles v. Fanning, 13 Gray 538. Nor is it essential that it should be signed by the complainant. Williams v. Copeland, 5 Allen 209. As to the proper form of such "accusation and examination," see further Gallary v. Holland, 15 Gray 50.

As to the proper mode of receiving and certifying to the complaint in a police court, see Richardson v. Burleigh, 3 Allen

479.

As to the importance of a correct allegation in the complaint of the time when and place where the child was begotten, see Bassett v. Abbott, 4 Gray 69.

SECT. 2. "Either of said persons may prosecute." The

persons here referred to include those authorized by the officers previously mentioned, as well as those officers themselves. Callinan v. Coffey, 3 Allen 477.

Leave of court should be obtained before a complaint is prosecuted under this section. Noonan v. Brogan, 3 Allen 481, 483.

This section does not authorize the bringing of a new complaint, but the prosecution of the existing one. Wheelwright v. Greer, 10 Allen 389. As to the mode of proceeding, see Jones v. Thompson, 8 Allen 334.

SECT. 4. When the accused fails to give bond, notice to be given to complainant. St. 1863, c. 127, s. 4.

Provision for discharge of accused when he has been committed, but the complaint has not been entered. St. 1865, c. 161.

As to what the defendant must do in order to discharge the bond in case he is found guilty, see Power v. Fenno, 10 Gray 249. Towns v. Hale, 2 Gray 199.

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For cases in which it has been held that there has been a breach of the bond, see Hyde v. Chapin, 11 Cush. 197. — Hodge v. Hodgdon, 8 Cush. 294.

SECT. 5. Further provision for the continuance of bastardy complaints. St. 1863, c. 127.

As to the proper course for the court when sureties object to being longer held liable, see McHugh, Petitioner, 3 Cush. 452. The sureties have no right to surrender their principal to the jailer or anywhere except to the court. Doherty v. Clark, 3 Allen 151, 152.

The sureties cannot exonerate themselves by surrendering their principal during the pendency of an action against them. Locke v. Johnson, 3 Allen 153.

SECT. 8. This section in its present shape appears to have been an attempt to state the effect of earlier statutes as determined by decisions of the supreme court. See Savage v. Reardon, 11 Gray 376. - Murphy v. Spence, 9 Gray 399.