196 Mass. 393 | Mass. | 1907
The amount disbursed by the plaintiff for the relief as paupers of the wife and children of John Wagner cannot be recovered from the defendant if he previously had gained a settlement in Whately. R. L. c. 81, § 1; c. 80, § 1, els. 1, 2. In the agreed facts his domicil of origin is not stated, but he is shown to have removed with his family from Hatfield to the plaintiff town in March, 1896, where he continued to reside until October, 1902, unless his absence therefrom for four months in 1897 under a sentence to the house of correction is to be treated as an interruption. But for this term of imprisonment, having been assessed and having paid a poll tax for three years, although the assessments were not consecutive, under Pub. Sts. c. 83, § 1, cl. 5, then in force, he gained a settlement. Taunton v. Wareham, 153 Mass. 192. It often has been decided in the construction of our statutes relating to the settlement of paupers, and of those relating to taxation, that residence for either purpose in-eludes something more than mere physical presence. There
The decision of the questions discussed renders any consideration of the sufficiency of the notice given to the defendant immaterial, and no error of law appearing the judgment of the Superior Court in its favor is affirmed.
So ordered.