Inhabitants of North Andover v. Inhabitants of Groveland
Inhabitants of North Andover v. Inhabitants of Groveland
Opinion of the Court
This is an action to recover the amount expended by the plaintiffs for the support, as paupers, of three of the great-grandchildren of Thomas Pace, who are the grandchildren of David Pace, and children of Joseph Pace. At the trial in the superior court it was in evidence that neither the said Thomas, David, or Joseph “ ever acquired a settlement in this state ” — which means, as the other evidence shows, that neither of them ever gained a settlement for himself, and not that neither of them ever had a settlement, in this state, derived from an ancestor. It was also in evidence that the wife of Thomas Pace — the great-grandmother of the paupers — had the settle
By the St. of 1850, c. 62, dividing the town of Bradford, and incorporating the eastern part thereof as a town, named Grove-land, it is provided, in § 3, that “ the paupers now supported by the town of Bradford, and all such as may hereafter require support, in virtue of having acquired a settlement in said town, shall be supported by the town within the territorial limits of which they may have acquired a settlement.” If the statute had made no provision on this subject, these paupers must have been supported by the town of Bradford; Windham v. Portland, 4 Mass. 384; unless, if they were absent from Bradford when the town was divided, their last dwelling-place or home was within the bounds of the new town, or unless, at the time of the division, they actually dwelt and had their home within those bounds. Rev. Sts. c. 45, § 1, cl. 10.
The sole ground of defence which has been taken in this case is, that the statute incorporating the defendants limits their liability to support paupers, to those individuals only who, at the time when the statute was passed, had acquired a settlement by their own act, or, under some provision of law, had themselves obtained a settlement, while living in the territory which is now Groveland ; that a settlement derived from a parent is not “ acquired ” by the child. It is suggested that neither by this statute, nor by the revised statutes, is any provision made for derivative settlements. And it is true that the term “ derivative settlement ” is not found in either of those statutes; but
A verdict having been found for the defendants, under a ruling of the court that they were not liable for the support of paupers having only a derivative settlement, that verdict is to be set aside, and a New trial granted.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.