Town of Acworth v. Town of Lyndeborough
Superior Court of New Hampshire
A person who was chosen surveyor of highways by a town and accepted the office, but before the expiration of the year for which he was chosen, removed to another town, was field not to gain a settlement thereby in the town where he was chosen surveyor. This was an action of assumpsit for the support of one Oliver Parker, a pauper, alleged to have his legal settlement in Lyndeborough. The cause was submitted to the decision of the court upon the following facts.
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A person who was chosen surveyor of highways by a town and accepted the office, but before the expiration of the year for which he was chosen, removed to another town, was field not to gain a settlement thereby in the town where he was chosen surveyor. This was an action of assumpsit for the support of one Oliver Parker, a pauper, alleged to have his legal settlement in Lyndeborough. The cause was submitted to the decision of the court upon the following facts. Oliver ,Parker, the pauper, is the son of Robert Parker, from whom he derives his settlement, and Lyndeborough is liable in this…
1Opinion of the CourtRichardson, C. J.
The statute of June 1, 1796, sec. 5, (2) provides that any person who shall be chosen and actually serve one year in the office of clerk, &e. being duly elected thereto many town, &c. shall thereby gain a settlement in said town, &c. The statute of Feb. 27,1786, sec. 3,(3) provides “ that surveyors of highways shall be considered as “ beginning their office the first day of June, next following “ their appointments in March, and to continue in office for ⅛ the term of one year from the time of beginning said of- “ fice.” ■ -(1) 1 N. H. Laws 389. ⅞) 12 Mass. Rep. 262-
The collection of the…
2Cited by2 opinions
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