Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1900-03-15
OPINION

This action was brought by Washoe
County against Eureka County to re-
cover the sum of S2i32.00 for relief furn-
ished by the plaintiff to one John Fitz-
gerald, in plaintiff : county hospital, from
the sd day ct August, 1892, to the Both .
day of June 1888. Ii is alleged that Fitz-
gerald was a pauper and resident of Eu-
reka County. The case was tried before .
the court without jury. The trial re-
suited in a Judgment in favor Of the de-
PENDANT for its costs, taxed at $500. This
appeal is from the judgment and An or
der denying plaintiff IS motion for new
trial.
AN Act relating to the support of the
poor vests tho Board Of County Com
missioners of the several counties with
entire and exclusive superintendent of
the poor in their respective counties.
General Statutes. $40. Section : of that
Act provides: when an application is
made by any pauper to the Board OF
County Commissioners of any County in
this State for relief. it shall be necessary
for said mmisSionerS to require of
said pauper satisfactory evidence that he
for six months Immediately preceding
the day upon which such application is
made. or if such is not the case, >atiSfac-
tory evidence in regard to where said
pauper last resided for six months prior
to arrival in the County where such ap-
plication is made
Section provides: when application
is made by any pauper to the Board of
County Commissioners aforesaid, and it
shall appear to the satisfaction of said
Beard, that the person so applying for
relief has resided in said County agreca-
bly, to the provisions of the foregoing
Section of this Act, said parper shall be
entitled to all of the relief provided by
this Act; but if, on the contrary, it shall
appear to the satisfaction of said Board,
that such pauper has not been a resident
of said County agreeable to the provis-
ions of the foregoing Section, but that
said pauper, previous to removing to the
said County where said application is
made was a resident OF some other
County of this State, said Board shall
provide temporary relief for said pauper
and Immediately notify the Board OF
County Commissioners Of the Comfy
where said pauper last had a residence
for six months, and said notice shall be
in writing, duly attested by the Clerk OF
the Board of County Commissioners and
deposited ia the postoffice, addressed tc
the Board Of County Comm issioners Of
said County, and it shall be the duty Of
the Board of County Commissioners re.
ceiving said notice to cause said paupel
to bs Immediately removed to theil
County. and pay reasonable cOmpensa
ton for the temporary relief atterdeda nC
if sid Board of Commissioners neglec
or refuse to remove said pauper, TIT
County affordins relief shall have lega
claim against said County for all relic
necessarily furnished and may recove
the same in a suit at law
a great many questions were raised
and deliberately argued by respectiv
counsel as to the powers and duties o
Boards Of County Commissioners will
respect to furnishing relief to paupers
and as to what was done aud what no
done by the Washoe County Board il
Fitzgerald's case with respect to comply
ing with the provisions of said Section
seven and eight of the statute.
Appellants counsel claimed that tn
evidence showed that said Board did i,
that was necessary under the statute
while counsel for respondent contende
that there was ne evidence tending t
show that the Board did anything in tn.
respect.
1t will be sufficient to consider the que
tons raised concerning the notice L
quired to be given by said section sigh
The liability of a county for the reli
and support Of its poor is purely stat
tory and to render a county liable Il
case must come fairly within the tern
Of t5a statute. The liability exists on
in pursuance OF the positive provision
of the statute. LANDER VS.. Humbolt
q New. 4l5) When one county furnish
relief 10 pauper resident of anoth
county, the latter county incurs no leg
liability to the former county therefor, n
less the statutory notice is given, howev