Clearfield Republican. [volume] (Clearfield, Pa.) 1851-1937, 1872-05-29

SETTLEMENT OF A PAupER.-As con.
stant litigation Is springing up between boroughs
aud townships, and much public money spent in
asceriaining tho settlement Of paupcrs, we deem Il
but proper to lay the following case before oar
readers, which we find stated In the DanyiIlc IN.
teihgeRcer as bearing upon one phare Of that class
Of cases:
We last week published among the legal pro-
ceedings that took place during Court case where
the oyersccrs Of the poor Of West Hemlock town
ship had litigation with the oycrsccrs Of the poor
OF Madison township Columbia county, as to the
legal settlement Of a pauper. Tho facts Of the
ease, as developed before the Court, we're Jane
flora zeisloft isan Legitimate child Of one Mary
who at the time Of the said child's birth
resided in Madison township where she had lc.
gal settlement. About three years after the birth
OF Jane Flora, the mother married one Thomas
shutf, not the father Of the said child Afier the
Marriage Of Shultz with the mother Of Jane Flora,
fhcy removed TO Derry township, Montour county,
where he purchased property, became a freebooter
and paid taxes, the child Jane Flora living with
them. Subsequently ShultR and his family ro
moved to West lcmlock township, same county,
residing there something less than year, and
then in the year 1896 moved 10 Valley iownshin,
IN the Aforesaid county, became a renter and paid
taxes On the LIST Of April following he moved
back again TO West IIcmlcck township, purchased
a farm and resided upon II until 1858, at which
time he died, leaving Mary and four children to
survive him Jane Flora during all this time re-
siding with them. Amer Thomas shults's death,
fhe property lcft by him was assessed for the sub
sequent years 1865, 1869 aud 1870 as the estate Of
Thomas shuli,, and although the widow paid the
taxes i was paid TO the township rs due on Thomas
shulu's estate and receipted for In that way.
The child, Jane Flora, becoming a public pau
Per two Justices OF the Pcase, on the ith Of Au.
gust, 1871, issued m order removing Jane Flora
leslofi, an illcgitimate child, from West IIcmock
township, Moniour county, TO the legal settlement
Of the mother at the time Of birth Of said pauper
OF Madison township, Columbia county. The
orerscers Of the last named township appealed
and the Court was asked to set aside the order.
The principal question that came bciore the
Nonrt was, whether being an illegitimaic child
ana never having acquired a settlement Of her
own, the child Jane Flora shall be deemed 10 be
settled IN the place where the mother was legally
settled at the time Of her birth, or whether her
settlement followed the derivaiive or otherwise ae-
changes.
Judge Rockafeller 10 a lengthy opinion, show
ing much research, sums up thus 1.-THE opiniop
OF the Court therefore Is that in Pepnsvlvania
every illegitmaie child Is 10 be deemed 10 be set
wed where the mother was settled at the time Of
ae birth OF such child, aud that the settlement Of
me child does not follow the settlement Of the
mother In ifs subsequent changes"
Ills honor also discussed the question whether
the said Mary, the mother Of Jane Flora. ever sc
quired settlement Of herself sner her husband,
death. He iniers not, although II the above opin.
ion Is correct, cant zee as that would alter the
legal settlement Of the child, even " she had.
ihe motion 10 set aside the removal was denied
and the order affirmed.
We have given the main points Of the case As |
our unlcgai mind sifcd them out
we are Informed that the case is to be carried
p 70 the Supreme court on appeal. that learned
Sody having never yet had es,e Of the kind be. |
iofs y for decision,