Page images
PDF
EPUB

apply to a judge of the superior court for his removal. The judge then cites the town to appear and show cause why the application should not be granted. At least six days' notice must be given. At the hearing the judge may remove the overseer and costs may be taxed in favor of or against either or neither party.1

If a person refuses to obey his overseer, the selectmen may have a conservator appointed for him by the probate court in the manner already described."

9. SUPPORT OF WIDOWS

The estate of a man dying without issue, leaving a widow, is still liable for her support during her widowhood if she becomes poor and there are no persons of sufficient ability to support her under the law for the support of relatives. Every legatee is liable to an amount equal to the estate received by him. If he does not furnish this and the responsible relatives cannot support her, the widow herself, the selectmen where she resides, any relative or other legates may bring complaint against him, and on the hearing the superior court may act as in the case of relatives.

Any such legatee may at any time thereafter complain to the court to be relieved from his contribution. If the court finds that he "is required to contribute beyond the amount received by him from the estate of such widow's deceased husband, or beyond what is requisite for her support, it may again direct how much, if anything, he shall contribute therefor." Any deficit in the amount necessary for the widow's support must be made good by the town. 1§ 1836; from 1869, c. 63. Vid. p. 197. 'From idem, cf. ante, p. § 2500. Cf. ante, p. 285.

289 et seq.

Obligation dates from 1769. Vid. p. 79.
Vid., p. 181. Before Rev. 1902, this

§ 2501. Cf. 1873, c. 20. applied only to relief of relatives.

IO. INTEMPERANCE

The laws directed against intemperance as a cause of pauperism have received a few changes and additions.

By an act of 1887,1 selectmen are required, at least as often as every six months, to prepare a list of persons known to use spirituous and intoxicating liquors to whom town aid has been furnished within the previous six months, and lodge a copy with each licensed liquor dealer, forbidding the delivery of any liquor, including cider, to such persons or to the members of their legal families, except upon a physician's prescription endorsed by a selectman. This is never done in Hartford and probably the same might be said of the other towns.

3

By an earlier statute, upon complaint to a selectman by any person that his or her father, mother, husband, wife, child, or ward is addicted to the excessive use of liquor, and the written request that the licensed dealers be notified not to deliver any liquor to such party, the selectmen must, on being satisfied that the complaint is true, give the written notice requested and forbid the delivery to such person of any liquor. Record must be kept of notifications to be used as evidence. Such a notice remains in force as long as the dealer is annually licensed, though the selectmen may revoke the notice after one year. A husband or wife may still personally notify liquor dealers not to sell liquor to the wife or husband."

Any direct or indirect delivery of liquor to persons about whom such notices have been received, to a minor, to one

[blocks in formation]

3 1882, c. 107, part vi, § 3; cf. 1872, c. 99, §§ 5, 6; 1874, c. 115, §§ 12, 13; and (Rev.) 1875, 269, § 8. Vid. p. 199.

[blocks in formation]

known to be an habitual drunkard, or to an intoxicated person,' is punishable with a fine of not less than $10 or more than $200. For a subsequent offense the same penalty may be imposed, or the offender be imprisoned for not less than ten days or more than six months, or be both fined and imprisoned. The same penalties are imposed for allowing a minor or any person included in a selectman's notice to loiter around premises where liquors are sold, for carrying liquor to his abode, or delivering liquor to another for his use, except upon the written order of a practicing physician.

5

At the session of 1875 a curious law was passed which still remains on the statute books. If a woman after marrying a man who sells liquors within their house becomes intemperate, it is the duty of her husband upon her request to provide separate maintenance for her according to his financial ability. The superior court inquires into the case upon her request, orders and enforces its decree, and may direct the giving of proper security. Probably few women would ever avail themselves of such a law, which has the appearance of an act passed to meet some special case.

The institutional treatment of those addicted to the intemperate use of narcotics and stimulants has continued. A charter granted in 1881' for a hospital for the treatment of intemperate women was repealed four years later. The Darien Home was incorporated in 1895.°

The statutes regarding commitments to such institutions. remain substantially as in 1875.10 An habitual drunkard, 'From 1882, c. 107, part vi, § 4.

* §§ 2694. 2696, 2712; from 1895, c. 331, § 1.

1897, c. 150; though this act did not forbid loitering by minors.

[blocks in formation]

1

dipsomaniac, or any person who has lost the power of self-control through the use of narcotics or stimulants, may be committed to a Connecticut inebriate asylum by the probate court of the district in which he resides or is domiciled. The court acts upon the complaint of the selectmen of the town of residence or domicile or of any relative, after giving reasonable notice, and finding upon due inquiry that the facts alleged are true. The term of commitment for dipsomaniacs is three years and for others not less than four or more than twelve months. No commitment may be made "without the certificate, under oath, of at least two respectable practicing physicians, given after a personal examination, made within one week before the time" of the application or commitment, that the person needs special care under this chapter. Since 1886 the court has had authority, instead of committing to an institution, to commit "to the care, custody, and control of some suitable individual." 2 Asylums may also receive voluntary patients, retain them one year, and treat and restrain them in the same manner as if committed by a court.3 After one year the managers of an asylum may release on probation one committed as a dipsomaniac " for such time and under such conditions as they shall judge best." By an act of 1879,' sheriffs, constables, and city police officers are required to assist the authorities of asylums "in the exercise of the powers and discharge of the duties vested by law" in them." The managers of inebriate asylums may discharge those placed in their care pursuant to their regulations. The estate of a person cared for in an asylum is liable for his support therein, and the expense of all proceedings in such a case is "paid in the manner and by and to the person * § 2745.

1 C. 2. *C. 48.

2 § 2744.

6 § 2747.

§ 2746.
7 § 2748.

that the court or judge before whom the case" is heard orders. The methods for the release of those unjustly confined are the same as in the case of the insane, and will be given in that connection.

II. BASTARDY

The laws regarding bastardy remain substantially the same as in 1875, though some new provisions have been added and one ancient requirement repealed.

A person guilty of fornication is liable to a fine of not more than $7, or imprisonment for not more than 30 days, or both. The penalty for seducing a minor female or enticing her away for that purpose or for the purpose of concubinage, is imprisonment for not more than five years and a fine of not more than $1,000. Since 1887" a man who deserts his wife and cohabits with another woman has been liable to imprisonment for not over three years.

The penalty for using a drug or instrument to prevent conception is a fine of not less than $50, or imprisonment for not less than 60 days or more than one year, or both. For an attempt to produce a miscarriage, unless it is necessary to preserve life, the woman herself is fined not more than $500, or imprisoned not more than two years, or both. One who advises or aids in such attempt is fined not more than $1,000, or confined in the state prison not more than five years, or both. A fine of not more than $500 is prescribed for encouraging such offenses or for selling or advertising medicines for this purpose."

[blocks in formation]

From 1650, with different penalty. Cf. p. 38.
1897, c. 200. Vid. p. 203.
'C. 17.

§ 1327; 1879, c. 78.

155 1155-1157; from 1830, c. 1, § 16; 1860, c. 71. Vid. pp. 128, 203.

« PreviousContinue »