The Caledonian. [volume] (St. Johnsbury, Vt.) 1837-1867, 1857-04-25
Supreme Court Decisions.
Continued from the last Caledonian.l

whose birth and original legal settlement was
in Wardsboro. He was always of very feeble
Intellect, (thoush not an absolute idiot. } and
had not sufficient reason and Judgment to
exercise choice as to his place Of resi-
dence. other than to prefer those places
where he was kindly treated. Ia 1888 he
was broug hit to Ryegate by brother, who
provided for his maintenance ill March,
1855, when became chargeable to the town
and WAS removed TO Wardsboro under an or
der made by two justices.
The court said, that The statute recognized
three classes Of persons who might become
chargeahle Those who had legal settle
mpnt in the town, those who had come to re-
SHE in town but had not gained a settlement
therein, and transient persons who had not
come to reside in town: that in this case the
pauper had not gained settlement in Rye
gate. though he had been kept there by his
relatives seventeen wears continually, with
out being chargea5Ie to any town, because
he had not sufficient mental capacity to have
any choice or will as to his residence, as the
law requires: that to enable one to gain a
settlement by residence, it must be a resi-
dence which is the result Of choice or Volt
ton. The Court held however, that, though
the pauper had rot gained settlement in
Ryegate, and had one in Wardsboro, still he
was not subject to be removed under an or
der Of removal, as be had MOI come TO reside
in Ryesate: that to enable person to come
I" reside so as to be subject to an order Of re-
moval, such coming to reside must be by the
choice or will Of the person, and in this case
the want ofcapacity in the pauper prevented
his exercising such choice. The Court sta
ted asa principle applicable to the subject,
that the coming to reside must be such that a
residence continued for seven years would
ripen into = legal settlement: that as the
pauper had not in a legal sense come TO reside
in Rvegate, therefore he should have been
treated as a transient person, and the remedy
Of Ryegate was under the provisions of the
Statute relating to that class Of persons.
HIRAM STEVENS rs. MATT S. DAMON
This was an action of book account commence
ed before a ustice, the charges in which &C
count accrued in 1852 and 1853, and amount
ed to Sj4.ll. Plaintiff had previously brought
an action before Justice for an account of
SO, accruing in 1854, and on the trial of
that action DID not exhibit these charges, but
claimed that they had been adjusted BY off
set with some Of defendants charges. De-
PENDANT denied this, and presented an &C
count including the charges which plaintiff
claimed to have been offset The Justice
rendered a Judgment for the plaintiff for
/ S2.G'. which was paid 10y dct,n When
this action was brou:h the defendant insist
ed that as the whole cunt subsi>ted at the
time 0. the first trial, and exceeded Slco
the judgment was void for want of jurisdic-
ton. and the present action was without the
the jurisdiction of the Justice for the same
reason.
! The Court held that the plaintiff hayin.
brought the first action in good faith. des IN
ing TO litiyate and actually iri.a,in: only an
account of less than 500, the Justice had in
ris.ic;icn: and that the defendant having
presented at tina: trial his whole account. "a
well that which plaintiff claimed, had been
settled, as that which was regarded BY both
parties a. sill open, that his whole account
hal been adjndira:ed ard could no, again be
brought into controversy. The present &C
ton was clearly within the original jur,sdlc-
ton of magistrate.
After ud. mcnt the defendant applied for
a stay OF execution, on account of the penden-
ry o:an action asains, him as trustee OF the
plaintiff; bat the Court declined to stay exc
cution. and said that the uniform rule in such
cases was that the party must apply to Chan
Gerry.
Town OF WATERFORD rs. Town OF
FAlSToN.-This was an appeal from an or
der of removal of Delight Foster The pau
pcrs grandfather gained a settlement in
Fayston prior to 1917. The pauper's father
was born about 1908 in New Hampshire.
(whera his grandfather then lived and came
to Fayyston with the rest Of the family The
family afterwards returned to New lamp
shire, where the father WAS subsequently
married. and the pauper was born. The
grandfather remained in New Hampshire
about six years, and then returned to Favs.
ton, and the father also returned to Vermont
where he resided several years and then
died
1t was contended by the defendant that
derivative settlement could not be acquired
from derivative settlement, but the Court
held that the father having derived a settle
ment from the grandfather, transmitted tina.
settlement to the pauper, though the pauper
was born out of the State. The fathers set
Element was suspended during his absence
from the State but was revived by his re-
turn, and was communicated to his children.
The Court distinguished this case from Lyn-
don and Daaville by the fact that in the last
named case the person from whom it was at
tempted to derive settlement removed from
Vermont and never returned, while in the
present case he did return.
The cases of REUBEN r. ConIr1cu re