Wayne Township Poor Overseers v. Ellwood City Borough Poor Overseers
Wayne Township Poor Overseers v. Ellwood City Borough Poor Overseers
Opinion of the Court
Opinion by
This is an action of assumpsit brought by the plaintiff against the defendant poor district to enforce contribution to the maintenance of certain paupers, who had been chargeable to the poor district of the township of Wayne prior to the incorporation of the borough, out of territory which had formed a part of that township. The parties entered into a written agreement as to the facts, which was submitted to the court in the nature of a case stated, the only question in dispute being as to the law arising upon the undisputed facts.
The borough of Ellwood City was incorporated on December 6, 1892, and is composed of territory which prior to
The appellant contends that paupers who were a charge upon the whole township, at the time of the incorporation of the borough, remain and continue a charge upon the whole territory of which the township was composed, and when either of the municipalities into which the territory has been divided discharges the duty to maintain such paupers it has the right of contribution from the other poor district which was also subject to the charge. It is contended that this proposition is supported by the decision in Overseers of North Whitehall v. Overseers of South Whitehall, 3 S. & R. 117. The decision in that case was based upon the language of the act of March 24, 1803, which was held to imply a legislative intention to place in different classes, with regard to the liability of territorial subdivisions for maintenance, those who became chargeable before the division of territory-and those who subsequently became so. Whatever may be the duty of individ
“ The principle established by them is, that a settlement has a local habitation in respect to the township itself, and that the fragment of territory into which it falls is to maintain the pauper, whether he had been chargeable to the parent township or not. There was to be no contribution to subsequent maintenance, in any case, as there had been by the words of the act of 1803, which were purposely omitted :” Township of Hopewell v. Township of Independence, 12 Pa. 92; Overseers of Lake District v. Overseers of South Canaan, 87 Pa. 19. These cases definitely rule this case against the contention of the plaintiff.
The learned counsel of the appellant earnestly contends, however, that we should read into the act of 1836 words that the legislature did not see fit to insert there, and hold that it only applies where a township has been divided into townships. We find no warrant for so limiting the express provision of the statute, which is as broad as words could make it. “ Any township which shall have been divided by the authority of the law,” covers every case in which the territory of which a township is composed is lawfully divided. The purpose of the legislature was to relieve the municipal subdivisions of the' state from uncertainty as to their duty and liability, fix di
This appellant comes within the very letter of the act of 1836; the last place of settlement of the paupers in question was in a township which has been divided, and they resided at the time of gaining such settlement within the territory of the present poor district of Wayne township, the appellant. There is nothing in the language of the statute by which its .operation can fairly be restricted so as to exempt this case from its effect: In re Abington School District, 84 Pa. 179. Whether the act of 1836 be strictly or liberally construed, this plaintiff is not entitled to recover.
The judgment is affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.