Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1919-11-12
INHABITANTS OF BLUEHILL.

Hanson j. This is an action to recover for
pauper supplies furnished to one Lulu
arlndle and her two illegitimate children
and is before the Court on report. The
plaintiff claims to have expended for the
rellef of the alleged paupers, from Oct. rs,
1917, to Sept. 21, 1918, the sum of $5749s.
Inc principal contention of the parties is
found in the final item of the account sued
Tor namely paid Julia G. Neyins for board
and clothing from Oct. %, 1917, to Aug. 9.
1919 S524." This charge includes the alleged
pauper supplies for Lulu Grindle, as well as
such support for her two children during
| the period stated.
Certain admissions appear in the report
OF the evidence, two of which may be
mentioned as necessary in the determination
of this case, and are as follows;
L. The pauper settlement of the two
children of Lulu Grindle named in the
pialntlH's writ at this date is in the town
OF Bluehill, their pauper settlement not
being questioned in this action.
z. Lulu Grindle moved to the town of Mt.
Desert IN 1870 and resided there continuously
from that time until sometime in 1918.
The first admission involves the question
OF the amount to be allowed for the support
ClarRe.
lnasmuch as they were born while Lulu
Grlndle had pauper settlement in the de-
PENDANT town. '-
From the evidence in the case we find that
proper allowance fo- their support during
the time claimed would be two dollars per
week for each child, or in the whole $170s5. "A
The only other question involved. in the
order of the admission in the record is this:
q q ronfi v,,,if, 90 r
Grindle in the plaintiff town from 1910 to
1918, interrupted by the receipt of pauper
supplies from that town? The plaintiff
claims that such residence was interrupted
in 1913, and that Lulu Grindle did not during
the period acquire pauper settlement in
plaintiff town. In support of this contention
the plaintiff introduced testimony tending to
show that one James I. Myrick, with whom
Lulu Grindle was living unlawfully, applied
to one Of the selectmen of Mt. Desert for
"pauper support" and the plaintiff intro
duced Exhibit No. /, which reads as follows:
"Town of Mount Desert, Maine.
Selectmen's Office,
Northeast Harbor, Me-, Aug l. 1872
hereby apply to the town of Mt. Desert
for support for myself and family.
JAMES L. MYR1cK."
The selectman mentioned was one George
j. Joy, and SO far as the report shows he was
the only officer of the town having knowledge
of such application. No action was taken
by the selectmen as a body, or by the over
seers of the poor. The provisions Of the
statute in such cases were wholly disegarded.
The remaining exhibit No. 2 reads:
"NoRrHEAsr HARBoR. Me-, June 10, 1918
Town of Mt. Desert
To George J. Joy, DR..
For rent for James 1. Myrick from Jan. /,
1913 to July 1, 1913, 6 months at IS per month,
Received payment,
GEORGE J. JOY"
1t will be seen that "rent for James l.
Myrick" is the only item of alleged
'pauper supplies" and that rent was fur
nished five months after the date of the
application.
1t follows that the claim as to Lulu
Grindle is without merit. 1t does not ap-
pear that James l. Myrick, or any member
of his household, had fallen into distress
and stood in need of immediate relief,
and it is very clear that the legal status
OF Lulu Grindle was in no way affected
by the action of Myrick and the select
men in August, 1912. The person alleged
to be pauper must have fallen into dis
tress and stood in need of immediate re-
lief, and it must appear that the supplies
furnished were necessary for their main
tenance and support. Bangor V. Hamp-
den, Al Me. 4S4; Corinna v. Exeter, Is Me.
321.
To constitute pauper supplies, it must
be shown that there was an adjudication
by a majority of the overseers of the poor
that the alleged pauper had fallen into
distress and stood in need of relief, or
that the overseer furnished the supplies
upon his own view of what is necessary
and proper, if his act is subsequently
assented to or ratified by majority of the
board. Linneus v. Sidney, 70 Me. ia.
The entry will be.
Judgment for the plaintiff for S17O.S5
and costs.