Thomas v. Ross & Shaw
New York Supreme Court
Error from the Oneida common pleas. Ross and Shaw, as overseers of the poor of the town of New-Berlin, sued Thomas to recover the penalty given by the statute, for bringing a pauper into a town, where such pauper had nota legal settlement.
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Error from the Oneida common pleas. Ross and Shaw, as overseers of the poor of the town of New-Berlin, sued Thomas to recover the penalty given by the statute, for bringing a pauper into a town, where such pauper had nota legal settlement. The plaintiffs, in their declaration, charged the defendant with bringing or removing, or causing to be brought or removed, one M. C., a poor, or indigent person, into the town of New-Berlin, and leaving her there, she not having a legal settlement therein, and the defendant not having legal authority so' to do; and they claimed a- penalty of $50, under the…
1Opinion of the Court
By the Court, Savage, Ch. J.
It was objected at the trial, an¿ jjag j-,een insisted upon here, that the act under which the penalty was claimed in this case applies only to bringing poor or indigent persons from without the state. There is nothing in the act to give color to such a construction. It is in these words: “ If any person or persons shall bring, or remove, or cause to be brought or removed, any poor or indigent person into any city or town within this state, and there leave such poor or indigent person, not having a legal settlement .therein, and without legal authority so to do,…
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