10 Vt. 537 | Vt. | 1838
The facts in this case are sufficiently stated in the opinion of the Court, which was delivered by
This was an action on book, and from the auditor’s report, the following facts appear. That the plaintiff was keeper of the common jail in Danville — that a person was confined in jail, on execution, who was entirely unable to support himself — that the plaintiff informed the overseer of the poor thereof — that the plaintiff afterwards supported the pauper in the jail; and for such support the present action is brought.
The County Court rendered judgment for the defendants, and the plaintiff excepted.
If the pauper had no settlement in this state, his support was chargeable to the state’s treasurer. (Statute, p. 334.) The case does not show that he had any settlement or residence, in Vermont, and therefore does not show any certain claim against the defendants. If lie had a settlement in Danville, the action can be sustained only by force of the statute, (Sec, 2. p. 370.) which declares “ that every town and place in this state shall relieve, support, and maintain their own poor.” If he had a settlement in any other town in the. state, and was a transient person within the town of Danville, the claim must be sustained, if at all, on the statute (Sec. 11, p, 372) which provides thcit after the situation of such person is represented to the overseers, they “ shall proyide for the support_of such transient person.” In this last case, if' the overseers furnish the support to such transient person, they may have an action therefor against the town- to which he belongs; for it is expressly given by statute. But the question here is,' suppose the overseers do not furnish the support, can another person furnish it and recover of the town ? These two directions o.f the statute are then substantially the same, and equally imperative on the overseers in relation to their o.wn poor and the transient poor; and they have in relation to each, for the time being, the same measure
On this subject it is unnecessary for me to express what might have been my views, were this res integra. There was a period in the history of our jurisprudence, when these general expressions in the statute were considered as creating a duty upon towns, for which, if performed by others, they were bound to pay; or it gave a legal ground of action. In 1818, in the case of St. Albans v. Georgia, (Brayton’s R. 177) it was holden, where a person came to reside in a town and was taken sick, and was poor, and sustained by such town, without any order of removal, an action might be sustained therefor, against the town where he had his legal settlement. This was by force of the second section, declaring that every town shall maintain its own poor. The same year in the case of Holmes v. St. Albans, (Brayton’s Rep. 179) it was holden that an action might be sustained by the jailer who supported a pauper, by virtue of the expression in the 11th section, in relation to transient poor ; for the pauper in that case belonged to Rutland. Since that time, this subject has been frequently presented,much considered, and fully decided. (Middlebury v. Hubbardton, 2 D. Chip. R. 205. Aldrich v. Londonderry, 5 Vt. Rep. 441. Ives v. Wallingford, 8 Vt. Rep. 224, Mines v. Castleton, 8 Vt. Rep. 209, and many unreported cases. Gallup v. Pomfret,-- v. Craftsbury, and many others.) By these cases it is fully decided that no action can be sustained against a town, for relief to the poor, unless the statute expressly gives the action, or there is an express contract by the overseers, made within the power
Judgment affirmed.