16 Mass. 52 | Mass. | 1819
By the common law, when the father has no settlement, the children of the marriage have the * set- [ * 53 ] tlement of the mother
It is contended that, as his mother gained a derivative settlement in Taunton, by her marriage with Ingell, this was communicated to the pauper, who was then a minor, and went with his mother to Taunton, and lived with his step-father a part of the time, and part of the time with another person of the name of Ingell, in Taunton.
But it appears to be well settled, that at the common law, minor children, although they be removed with the mother to the place of settlement of her husband, did not thereby acquire a derivative settlement under the mother. They might be continued with the mother for nurture ; but their settlement was not changed thereby. This is distinctly settled in the cases cited by Mr. Williams for the defendants. The pauper, therefore, in this case, never gained a settlement in Taunton
Plaintiffs nonsuit.
Com. Dig. Tit. Justices of Peace, B. 72. Parentage, and the cases there cited.
[Dedham vs. Natick, post, 135. —Ed.]