Inhabitants of Danvers v. City of Boston
Inhabitants of Danvers v. City of Boston
Opinion of the Court
delivered the opinion of the Court. Questions of legal settlement have very properly been held to depend upon'a strict and precise application of the rules of positive law. Towns being under no obligation to support paupers, except that created by law, a casé must be brought strictly within the provisions of the law, before the obligation arises, and approximation, however near, will not be sufficient.
It is contended that Peter Hunt had a settlement in Boston ; and this is the only question between the parties ; for if he had not a settlement there, it is quite immaterial to this áetion, whether he had any other settlement.
By the statute of 1692, (Anc. Chart. 251,) a residence of three months in a town, without being warned out, gave a settlement ; and by the statute of 1701, (Anc. Chart. 364,) the term was extended to twelve months ; and so the law continued until the 10th of April, 1767. By the statute of that year, (Anc. Chart. 663,) mere residence, whether the person was warned out 'or not, would not give a settlement.
The warning given to Hunt and his family in 1768, may be laid out of the casé, the statute last cited rendering it wholly nugatory.
The question is, whether Hunt gained a settlement by a residence in Boston, one year prior to the 10th of April, 1767. It has been held, that the residence must be by a person competent to fix the place of his residence at his own will, and therefore cannot commence till he is twenty-one years of age ; and that his being married under age, does not alter his ca
Nonsuit made absolute.
See Monson v. Chester, 22 Pick. 388.
Reference
- Full Case Name
- The Inhabitants of Danvers versus The City of Boston
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