Inhabitants of Garland v. Inhabitants of Brewer
Inhabitants of Garland v. Inhabitants of Brewer
Opinion of the Court
delivered the opinion of the Court.
When a town does not elect any overseers of the poor, the selectmen are such ex officio ; according to the third section of the statute of 1821, c/i.. 122. As it does not appear that the town of Garland had elected any oversers of the poor, we presume they had not ; and therefore the notice given in the present case, signed by Isaac Wheeler as chairman of the selectmen, is not objectionable on that account. But it is contended that if he had signed the notice as chairman of the overseers of the poor of Garland, it would have been fatally defective. We do not find any decision in Massachusetts which is precisely in point. The statute provides that the overseers may send a written notification to the overseers of the poor of the town where the settlement of the pauper is alleged to be. The form of the notification is not prescribed.
The exceptions are overruled, and the judgment of the Court of Common Pleas is affirmed.
Reference
- Full Case Name
- The Inhabitants of Garland v. The Inhabitants of Brewer
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- Published