Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1857-05-08
From he Caledonian.
Supreme Court Decisions Caledonia Co.

Town OF RYEGATE as. Town OF WARDsBo-
Ro..-This was an appeal from an order Of
removal made on one Elijah Perry, whose
birth and original legal settlement was in
Wardsboro. lie was always of very feeble
intellect, (though not an absolute idiOt,)
and had not sufficient reason and judgement
to exercise a choice as to his place of resi-
dence, other than to prefer those places
where he was kindly treated, In 1888 he
was brought to Ryegate by brother, who
provided for his maintenance till March,
1855, when he became charGeable to the town
and was removed to Nards1Oro under an
order made by two Justices.
The court said, that the statute racog-
ni1cd three classes of persons who might
become chargcahle Those who had a
legal settlement in town. those who had
come 10 resid. in town but had not gained
settlement therein and TRANSIENT persons who
had not come to reside in town that in
this case the pauper had not gained a settle
ment in Rvegate, though he had heon kept
there hy his relatives seventeen years con-
tinuallv, without being charraahc 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 settlema mt ny residence,
ii must be a residence which is the result
of choice or violation, The Court held
however, that. though the pauper had not
gained settlement in Ryegate, and had
one in Wardsboro, still he was not subject
to he removed under an order of removal,
as he had not come TO reside in Rycgate
that to enable a person to come to reside
SO as to be subject to an order of removal,
such coming to reside must be by the choice
or will of the person, and in this case the
want of capacity in the pauper prevented
his exercising such choice. The Court sta
ted as principle applicable to the subject
that the coming to reside must be such that
residence continued for seven years would
ripen into a legal settlement that as the
pauper had not in legal sense come 10 re-
side in Ryegate, therefore he should have
been treated as Transient person, and the
remedy of Ryegate was under the provisions
OF the Statute relating to that class of per-
SON.
TowN OF WATERFORD Us. Town OF FAYs-
ToN.-This was an appeal from an order of
removal of Delight Foster. The pauper's
grandfather gained settlement in Fayston
prior to 1877. The pauper's father was
born about 1903 in New Hampshire, (where
his grandfather then lived, and came to
Fayston with the rest of the family. The
family afterwards returned to New Hamp.
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 Fays-
ton, and the father also returned to Yer.
mont 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
that settlement to the pauper, though the
pauper was born out OF the State. The
father settlement was suspended d~.i"s
his absence from the State but was
revived by his return, and was communicat-
ed to his children. The Court distinguish
ed this case from Lyndon and Danvile by
the fact that in the last named case the
person from whom it was attempted to de-
rive a settlement removed from Vermont and
never returned, while in the present case
he did return.