Kelly Township v. Union Township
Supreme Court of Pennsylvania
CERTIORARI to the Quarter Sessions of Union county. Samuel Little, a poor person, applied to the overseers of the poor of Kelly township for relief. They afterwards obtained an order for his removal to the township of Clarion, in the county of Clarion, where he had his last legal settlement.
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CERTIORARI to the Quarter Sessions of Union county. Samuel Little, a poor person, applied to the overseers of the poor of Kelly township for relief. They afterwards obtained an order for his removal to the township of Clarion, in the county of Clarion, where he had his last legal settlement. The pauper was so infirm, that the agent employed was obliged to leave him on the way, having first sent for his son, who took charge of him, but not being able to maintain him, he found his way into the township of Union. The overseers of the latter township, upon whom he became chargeable, obtained an…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
The fifth section of the Act of 1836, makes it “ the duty of the overseers of every district to furnish relief to every poor person within the district, not having a settlement therein, who shall apply to them for relief, until such person can be removed to the place of his last settlement.” Did the overseers of Kelly do their duty by this pauper as the statute pointed it out to them? In subjecting him to the torture of an attempt to remove him at the risk of his life, they committed an act of cruelty for which they might have been…
2Cited by7 opinions
- McMicken v. CommonwealthSupreme Court of Pennsylvania · 1868
- Overseers of Taylor v. Overseers of ShenangoSupreme Court of Pennsylvania · 1886
- Overseers of Milton v. Overseers of WilliamsportSupreme Court of Pennsylvania · 1848
- Overseers of the Poor v. Overseers of the PoorSupreme Court of Pennsylvania · 1865
- Directors of the House of Employment v. MurrySupreme Court of Pennsylvania · 1858
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