Town of Exeter v. Town of Stratham
Superior Court of New Hampshire
The return of a warrant constitutes a part of the warning out of a pauper. Where a law was repealed before the warrant was returned, or the year’s residence completed, which was necessary to gain a settlement, the warning out was held to be valid, if conformable to the aew laws though it was defective under the old law. A general law, whose operations may change the existing settlements of paupers* is not unconstitutional.
Read the full summary
The return of a warrant constitutes a part of the warning out of a pauper. Where a law was repealed before the warrant was returned, or the year’s residence completed, which was necessary to gain a settlement, the warning out was held to be valid, if conformable to the aew laws though it was defective under the old law. A general law, whose operations may change the existing settlements of paupers* is not unconstitutional. This was assumpsit for relief furnished to Clarissa Hall. It was admitted, that on the 8th of June, A. D. 1792, the father of the pauper had his settlement in Exeter. At…
1Opinion of the CourtWoodbury, J.
The warning from Stratham was not valid by the laws which were in force previous to the 15th of September, 1792.(1)
At that time our present constitution and a statute, repealing our former laws upon the settlement of paupers,(2) and another, which enacted new1 provisions without requiring that “ the time of the abode” of paupers in towns should be returned to the court of sessions, all went into operation.(3) This last statute continued in force till January, 1796 ;(4) and, therefore, as the pauper’s settlement in this case is derivative, the effect of her father’s residence and of the…
2Cases cited3 opinions
- President of Springfield Bank v. MerrickMassachusetts Supreme Judicial Court · 1817
- Whitman v. HapgoodMassachusetts Supreme Judicial Court · 1813
- Town of Charlestown v. Town of AcworthSuperior Court of New Hampshire · 1817
3Cited by2 opinions
- Gilford v. EppingSuperior Court of New Hampshire · 1842
- Town of Nottingham v. Town of BarringtonSuperior Court of New Hampshire · 1833