| Vt. | Jan 7, 1920

Powers, J.

[1, 2] To entitle one to public aid under G. L. 4219, two conditions must exist: He must be a poor perl son; and he must- be in need of assistance. One may be poor, and not need assistance; and he may need assistance and not be poor. It is not enough, under the section specified, that one of these conditions exists; both must be shown. In this respect, the person referred to in that section differs from the .one referred to in G. L. 4222; for the only requirement therein is that he shall be in need of relief, without regard to his financial condition. Danville v. Sheffield, 50 Vt. 243" court="Vt." date_filed="1877-10-15" href="https://app.midpage.ai/document/town-of-danville-v-town-of-sheffield-6580742?utm_source=webapp" opinion_id="6580742">50 Vt. 243. The notice required by G. L. 4220 is a prerequisite to a suit for reimbursement, the object of which is to show that the case is one ■ necessitating ac*63tion by tbe town giving it. Randolph v. Roxbury, 70 Vt. 175" court="Vt." date_filed="1897-10-15" href="https://app.midpage.ai/document/town-of-randolph-v-town-of-roxbury-6584843?utm_source=webapp" opinion_id="6584843">70 Vt. 175, 40 Atl. 49. Unless the notice contains enough to show this, it is legally insufficient.

Tested by this rule, the notice before ns fails. It omits one of the essential conditions: It does not show that James Leno was a poor person.

Judgment affirmed.

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