The Columbian. [volume] (Bloomsburg, Pa.) 1866-1910, 1879-04-25
THE PAuPER LAW.

An important opinion was recently de-
livered by His Honor Judge Cummin, in
the case of Davidson township, Sullivan
county, vs.. Moreland township, Lycoming
county. The question at issue was as to the
residence of Ann Sperry, pauper. She was
native of Luzerne county, where she resid-
ed with her father until she reached 25 years
of age, when she moved with him--about
ls27-to Davidson township, then being in
l.ycoming county. Size had charge of her
fathers house until after her fathers second
marriage when, in consequenceot OF difficulties
she went elsewhere, and was employed at
different places. In the year of 1868 she
moved to Moreland township, Lycomiug
county, into the house of family named
Taylor, soon after which she fell upon the
ice, injuring her leg so that she was unable
to work, and became charge upon the
township. The overseers of Moreland took
the woman to Davidson township and left
her there. Tho overseers of the last named
township obtained an order from two justi-
ces, removing her back to Moreland, charg-
this order the Moreland overseers appealed.
Judge Elwell, on the bench of Sullivan, ,sus-
tanned the order of removal, holding that
the evidence showed Ann to have gained a
settlement in Benton township, Columbia
county, and that it was the duty of Moreland
township, where Ann first became charge.
able,to find her last place of legal settlement.
CARRIED UP.
The case was taken to the supreme court
and Judge Elwell's opinion affirmed The
overseers of Moreand then obtained an Or
der removing Ann to Benton township, Co.
lumbia county. From this order Benton
township appealed. Judge Gamble, before
whom the case WAS tried, decided that Ann
had not gained legal settlement in Benton
township, and that the township could not
be charged with her support. An appeal
was taken to the supreme court from this
decision by the Moreland overseers and
Judge Gamble was sustained. The More
land parties then obtained an order from
two justices, removing Ann to Davidson.
From this order Davidson took on appeal
to the court of quarter sessions of Lycoming
county, and the case was argued before His
Honor, Judge Cummin, in February last,
Hon. .. ii. Reighard, and Frank F. Drake,
Esq, appearing for Davidson Judge
Linn, Judge Bently and Bently & Parker
| for Moreland. Arguments were made by
Mr.. Reighard, for plaintiff, and by Benty
Il Parker, for defendants.
THE DECISION GIVEN.
The court gave its opinion last Tuesday de-
Gliding that Ann sperry was not chargeable
to Davidson township, she never having
had settlement there. The decision of
the court turned upon point that was new
er before decided in Pennsylvania, viz :
Whether child, after arriving at the age
of q, and removing with its father from one
district to another, will gain derivitive
settlement by reason of remaining in the
fathers family and without coming within
any of the requirements of the act by which
an original settlement is gained Judge
Cummin held that child, sound in mind
and body, capable of maintaining ITSELF is
legally emancipated at the age of 81, and if
father removes into another district and
his semancipated child goes with him, the
child will not gain new settlement in the
district to which they remove, by merely
serving in the fathers family without any
contract of hiring, or otherwise coming
within the act of assembly.
AN EXPENSIVE CASE.
Moreland township has been subjected to
heavy expense in this case, not only hav.
ing to support the pauper, but defray all the
expenses Of the litigation, including the car.
rying of the case twice TO the supreme court.
The woman is now dead, and the contest
will hereafter be to determine who shall paw
the costs of keeping her since 1868. The
only course for Moreland to pursue will be
to recover from the townshipo of her birth in
Luzerne county, which was her last place of
legal settlement.
The Texas Tribune says "the late at
mospherical freshness has brought on many
cases of Coughs and Colds, and DIR. Bulls
Cough Syrup is in greater demand than