County of Perry v. City of DuQuoin

Citations

• 99 Ill. 479
• 1881 Ill. LEXIS 199

Syllabus

<p>1. Paupers — as to their support — duty of municipal corporation. The duty of supporting paupers or aiding poor people may be imposed by the General Assembly on cities or villages, as well as on counties. There is no legal presumption whether such duty is placed upon a county or a city as to paupers residing in the city, but it is purely a matter of statutory enactment.</p> <p>2. Same — statute construed. The proviso in sec. 14, ch. 107, Rev. Stat. 1874, in respect to the liability of counties for the support and relief of poor and indigent persons, has application only to counties under township organization, leaving the liability of all other counties for such support and relief clear and absolute.</p> <p>3. Same — city incorporation law does not require cities and towns to support, etc. Sections 76, 7-7 and 78, of art. 5, ch. 11, Rev. Stat. 1874', entitled “ Cities, Villages and Towns,” authorizing municipal authorities “ to appoint a board of health and prescribe its powers and duties,” “ to erect and establish hospitals and medical dispensaries, and control and regulate the same,” and “to do all acts and make all regulations which may be necessary or expedient for the promotion of health or the suppression of disease,” do not impose any legal liability upon incorporated cities, towns and villages for the support or relief of paupers or indigent persons residing within their limits. These sections relate solely to the preservation of health within the corporations.</p> <p>4. Same — statute giving aid to poor persons not paupers, construed. Section 24, of the Pauper law, in the revision of 1874, which provides for giving assistance to persons falling sick not having money or property to pay their board, etc., who are not paupers as defined by law, extends and applies to two classes of persons: first,.non-residents; and, second, residents not coming within the definition of paupers. That part of the section authorizing the sending of such persons to their homes