40. If a community has so many poor, or is so limited in its resources, that it is not in a condition properly to support its poor, the other communities of the bailiwick, particularly the towns, so far as they are better able, and have few or no poor, are bound by the law to assist such a poor community with their alms. A general obligation of the bailiwick corporation to assist those communities of the bailiwicks which are not able to afford the necessary assistance to their poor inhabitants, is not ordained by the laws, unless such assistance is to the interest of the bailiwick corporation as such.
In the year 1817, however, the bailiwick corporations were enjoined, so long as the dearth lasted, and with reference to old laws, in case single communities should be unable sufficiently to provide for all the inhabitants, to give them credit so far as to answer either partly or entirely for the debt, but always with the reservation of repayment by the receivers of the aid. And with respect to the support of the poor, which are assigned to a community, it is expressly ordered, that if the assignment is founded on one of the titles to a right of settlement enumerated under 1, 2, and 3[6], the community against which the right is established is to bear only one-third, and the whole of the bailiwick the other two-thirds; but if the assignment is founded on one of the other titles, the whole bailiwick has to take upon itself this support. The expense which is hereby incurred by a bailiwick, constitutes an object of what is called amtsvergleichung, and is imposed on the whole old and now rateable cadastre of the bailiwick.
Of the Duty of the State.
41. The public Exchequer affords, partly on account of the previous sequestration of the church property, and of some other funds and revenues destined for pious and charitable purposes, and partly without any such special legal ground, contributions for the foundation and support of various public beneficent institutions, and it sometimes assists single bailiwicks, communities, and individuals in particular cases, by contributions for charitable purposes. But a general obligation of the public Exchequer to intervene, in case of the inability of the communities or bailiwicks, is no where enacted in the laws of Wurtemberg, and is also not recognised by the government, because too great liberality on its part, and the grant of a distinct head of expenditure for this purpose, as in general the transferring of local burthens to the public exchequer, might lead to very extensive consequences, and might gradually give rise to always increasing claims, which, in the impossibility of ranging single cases under general points of view, it might not be always possible successfully to meet.
Amount of Relief to the Poor.
42. What is necessary for a poor person or a poor family, and how much such a person or family may require for their necessary support, is not expressed in the laws of Wurtemberg; on the contrary, the answer to this question is left to the judgment of the magistrate in every particular case. In fact, it is not well susceptible of a general answer, because the wants of men are so very different, according to their constitutions and inclinations, and the means of satisfying these wants depend too much on personal, local, and temporary circumstances.
Support and Employment of the Adult Poor.
Relief of the able-bodied out-doors.
75. With respect to the adult poor, it is enacted by our oldest laws, that such grown-up poor who would willingly work, but cannot find employment, shall, as far as possible, have means found them by the magistrates to earn a livelihood by their labour; but that lazy idlers who are strong and healthy shall be compelled to work; and, according to a recent ordinance, the able-bodied who claim support from the public funds are bound to take any work for which they have adequate strength, whether it be public or private, which is assigned to them by the local overseers, receiving for it proportionate moderate wages. If they refuse to do the work assigned them, and cannot allege that they can earn something by other work, or produce some other excuse, the overseer is authorized to employ towards them means of compulsion.
According to old laws, poor persons who still have a house and lands, or at least some little portions of land, and who have suffered by failure of the crops, frost, &c., or who cannot sow their lands, or are unable to dispose of them without great loss, but are still able to work, and have hopes of retrieving their losses in the harvest and autumn, shall be assisted by the communities, which, according as the case may be, shall lend to them from the public fund a sufficient sum, to be repaid as they may be able to do it in course of time, or shall at least give security for them.