60 Mass. 320 | Mass. | 1850
The conclusion to which the court have come, on the question of the pauper’s settlement, renders it unnecessary to decide any other question raised in the case.
The St. of 1789, c. 14, § 1, contained the following enactment : “ All persons, citizens of this commonwealth, who, before the tenth day of April, one thousand seven hundred and sixty-seven, resided or dwelt in any town or district in the then province of Massachusetts bay for the space of one year, not having been warned to depart, according to law, shall be deemed and taken to be inhabitants of the same town or district, to every intent and purpose whatever.” This and all other laws concerning the gaining of settlements were repealed by St. 1793, c. 34, § 1; but there was a provision in this repealing act, that all settlements already gained by force of said laws, or otherwise, should remain, until lost by gaining others in some of the ways thereinafter mentioned.
In 1691, the province charter united the colonies of Massachusetts bay and of New Plymouth, “ by the name of the province of Massachusetts bay in New England.” So that the St. of 1789 included all citizens who, after 1691, had resided and dwelt in any town or district of either of the former colonies. Those who resided in the colony of New Plymouth before 1691, did not reside “ in the then province of Massachusetts bay.”
In the present case, Joseph Allen, through whom the plain*
If Joseph Allen had resided in that part of Barrington which was annexed to Rehoboth, his settlement would have been transferred to Rehoboth; Groton v. Shirley, 7 Mass. 156; but, upon the facts in the case, that annexation had no effect on his settlement.
In the case of towns within the same state, it is held that a settlement is gained in a town, by residence, &c., within the limits over which it exercised exclusive jurisdiction, although those limits are afterwards found not to be -within its true boundaries, but within the boundaries of another town. And that settlement is not defeated, or in any way affected, by the subsequent acquisition of rightful jurisdiction by such other town. Northwood v. Durham, 2 N. Hamp. 242; Corinth v. Newbury, 13 Verm. 496. In case of a residence on disputed territory, claimed by two towns, and over which both exercise jurisdiction, a settlement is doubtless gained in that town within whose true boundaries the territory resided on is ultimately found to be situate. Landgrove v. Peru, 16 Verm. 422. And we see no difference in principle, as to this matter, between town lines and state lines.
Suppose the state of Rhode Island had prevailed in her recent suit with Massachusetts, (4 Howard, 591,) and had obtained jurisdiction of the territory which she claimed. Can it be supposed that a judgment in her favor would have defeated
Judgment for the defendants.