18 Mass. 129 | Mass. | 1822
The opinion of the Court was read by Putnam J., at April term 1823, as drawn up by
The facts presented by this report leave only one question to be decided, which is, whether the pauper » can be legally holden to have served one whole year in thf office of constable or collector in the town of Greenwich. His settlement depends altogether upon that point. He was duly chosen to the office of constable in that town on the 6th of April, 1817, and at the same time was chosen collector of taxes, and was duly qualified to exercise those offices. He must be considered to have remained in office until his removal to Barre, which was on the 20th of March of the same municipal year. He went with his family to Barre and intended there to reside. His journey to Vermont in the winter can have no effect on the question, for it cannot be pretended, that a town officer cannot leave his town for business or pleasure without vacating his office ; or that the service of a whole year in such office, in the terms of the statute, means, that there shall be no day or week in the year when he is not in the exercise of bis office.
The principle settled in the case of Paris v. Hiram, cited in the argument, is undoubtedly the true one, that the officer must, during the whole time for which he is elected, be capable of executing the duties of his office, that is, that no disability shall fall upon him by reason of his own acts, or in consequence of his own conduct. The case, therefore, is narrow ed to this ; whether, by reason of his removal from Greenwich to Barre, with intention to dwell in the latter town, he ceased to serve in the office of constable, or collector, for the residue of the year after the 20th of March. And I think we must consider this in the same light as if he had removed to a town at the distance of a hundred miles from Greenwich, for even then there would be no physical impossibility of his performing all the duties which might have occurred between the
It is contended by the plaintifis’ counsel, that town officers, particularly constables, need not be inhabitants of the town, and it is true, that this is not expressly required, but we have no doubt that such was the intention of the legislature. Every man who is eligible to a town office, is obliged, under a penalty, to serve when chosen, unless he comes within some of the exemptions. Certainly it was not intended to subject an inhabitant of another town to this penalty, he being eligible to a similar office in his own town, and liable to a penalty if he refuses to serve there. Besides, it must be conceded, as a general principle, that where the legislature has provided that certain officers shall exist in any particular community, the members of that community are alone eligible to those offices ; they are in fact the representatives of that community, in that department of municipal government which they are appointed to discharge. That community alone are judges of the qualifications of such officer, and can alone command his services. It would seem to follow, that when he ceases to be a member of the community, he ceases to be its officer. In the rase oefore us, the removal was but to a short distance, and the term of office had nearly expired, but it is the same in principle, as if the distance had been greater and the time longer.
Plaintiff's nonsuit.
Acworth v. Lindeborough, 9 N. Hamp. R. 295.