Middlebury register. (Middlebury, Vt.) 1886-1937, 1891-04-17
II PAUPER LAW.
OPINION OF THE COURT IN NEW HAVEN
vs., MIDDLEBURY.

OPlNlON OF n COURI IN NEW HAVEN
vS. M~lDDLEBURY.
The opinion of the court was delivered
by Ross, j. From the agreed case it APP
pears that the alleged pauper, Charles
Bartlett, before July IS, 1856, had resid-
ed in M~iddlebury for more than three
consecutive years maintaining himself
and family. At that date he moved with
his family into the town of New Hayen
and has continued to reside there. In
November, 1888, he applied to the oyer
seer of the poor of the town of New Ha-
ven for assistance, and was aided by him.
The town of New Haven treated him as a
transient pauper, and duly notified the
town of Middlebury, and, in this suit,
seeks to recover for the support thus fur
nished. The contention, among others,
is whether, under the pauper law, as it
existed after the passage of No. II of
the acts of 1856, Charles Bartlett was a
transient pauper for whose support the
defendant was liable. No. II of the acts
of 1886 effected a radical change in the
pauper law in the State. 1t repealed all
the provisions of the statute relating to
legal settlements, and all provisions in
regard to orders of removal of persons,
having a legal settlement in some other
town, who had come into the town fur
nlshIng aid to reside. 1t amended r. L.
2Sl4 so that it reads "erery torn shall re-
liere and support poor and indigent persons
residing therein, when they are in need
thereof" The language of this section,
considered by itself, clearly casts the bur-
den upon every town to support all pau
pers residing therein. The word residing
was by the act of 1856 substituted for
lawfully settled. Under the old law, and
the decision Of this court thereon, there
was a marked distinction between a pau
per lawfully settled in a town, and one
simply residing therein. If the pauper's
lawful settlement was in some other
town, the town where he became in need
of relief was not bound to support him
although he was residing therein. 1t
might by an order of removal cast the
burden of his support upon the town of
the pauper's legal settlement. But the
act of 1856 not only repealed all provis-
ions relating to an order of removal, but
changed the language of this section, so
that it made it the duty of the town not
only to relieve, for the time being, but to
support paupers residing in 1t. The act
of 1856 also amended X. l.. 2Sl7, by
striking out all that related to the pau
per having a legal settlement, and being
subject to an order of removal to the
town of his legal settlement, and left
it reading, "The overseers shall provide
for the immediate comfort and relief of
persons residing, or found, in their re-
spective towns, when they are in distress
and in need of immediate relief" Here
:, the duty of furnishing relief is extended
not only to but beyond persons, who are
in need thereof, residing in the town, to
such persons as are found therein. BY
section - of the act of 1856 it is de-
clared that, "For all purposes under this
) act the residence of a person shall be in
, the town in which he last resided for the
term of three full years, maintaining
=, himself and family 1t is commended by
the plaintiff that the legislature, having
= here defined what it meant by the word
residence, the same meaning should be
r placed upon the words resides, "re
= siding and resided wherever they oc'
chr in the act. But il will be difficult
to place this meaning upon these words
/. The language of section IL, implicitly, /
i not directly, recognizes this difference
Without the qualifying words, it doe:
n not so limit the meaning of the word re
sided as therein used. The Legislature
e saw the necessity of defining what /
meant by the word residence; knowing
: that without such a definition, it legal,
had a broader meaning. 1t is fair t.
, presume it would have declared it if |
had intended in like manner to marrow
q the meaning of the words, resides, resid
S ing and resided. But it has not done so
e In addition, 1t has only left for II towl
Q to seek relief against another for supper
d furnished, II. l.. 2SlS, relating to thi
f class of paupers, wholly unchanged, s.
far as it defines this class of paupers
u Who were included in this class of pau
n pers has become definitely settled by
J long line of decisions. 1t was well set
tied that n person who had taken up hi
residence in the town when he became !