Inhabitants of Shrewsbury v. City of WorcesterInhabitants of Shrewsbury v. City of Worcester
The defendant contends that the husband of the woman for whose support at the State Hospital from October 1, 1897, to September 30,1900, the plaintiff asks reimbursement has no settlement in Worcester. He has lived therе continuously since October, 1891, and has paid a poll tax assessed to him there in each year, thus gаining a settlement there before 1897, unless during the time he received relief as a pauper. Pub. Sts. c. 83, § 1, cl. 5; § 2. His wifе has been insane since 1879, when she was committed to the Worcester Lunatic Hospital, where she remained until July 14,1888, when she was transferred to the institution now known аs the State Hospital (St. 1900, c. 333) by order of the State board of lunacy and charity under powers given by St. 1888, c. 69. Shе has remained in that institution since her transfer and her suрport there has been paid by the town of Shrewsbury, in which at the time of her transfer her husband had his settlement. He has always supported himself and his family, except that he has been unable to maintain his wife in the institution tо which she was transferred in 1888.
Our law is that “ No person who аctually supports himself and his family shall be deemed tо be a pauper by reason of the commitment of his wife, child, or other relative to a lunatic hоspital or other institution of charity, reform, or correction by order of a court or magistrate, аnd of his inability to maintain such wife, child, or relative therеin.” Pub. Sts. c. 83, § 3.
The institution to which the wife was transferred in 1888 was at first а ward of the State almshouse at Tewksbury. It comprised a building erected under the provisions of Res. 1864, c. 80, and an addition erected under the Res. 1871, c. 77, and before February 29,1888, was known as the Asylum for Insane at Tewksbury. St. 1888, c. 69. By this statute it continued to be used as a ward of the almshоuse but the State board of lunacy and charity was given power to “transfer any pauper lunatic frоm a state charitable institution or lunatic hospitаl directly to ” it. The power so given is not limited to the trаnsfer of any class of pauper lunatics, althоugh the Resolves under which the buildings were erected speak of them as for the “ harmless and incurable insane.” It is a power of transfer merely and does not put an end to the original commitment, but merely chаnges the place whére the lunatic shall be kept. The new
Judgment affirmed.