148 Pa. 380 | Pa. | 1892
Opinion by
This is an appeal from the decree of the court of quarter sessions of Clearfield county, affirming an order issued by two justices of the peace for the removal of George Potter, a poor person, from the township of Lawrence in said county, to the township of Delaware in Juniata county. Prior to 1871, Potter was legally settled in Union township, Clearfield county, and it lies on Lawrence township, in this proceeding, to show that he subsequently acquired a settlement in the township of Delaware, to which it is proposed to remove him. The claim of Lawrence township is, that after 1871 Potter lived with his father in Delaware township, and was charged with and paid his proportion of public taxes there “ for two years succes
This summary of the material evidence is all that is necessary to a proper understanding of the questions raised in this case. Does it show that Potter was charged with and paid his proportion of public taxes in Delaware township in 1875 and 1876, within the meaning of the second clause of the 9th section of the act of June 13, 1836 ? Delaware township contends that it does not, because, while accepting assistance from the township under an order of relief, he was a pauper, and could do no act which would contribute to obtain for him a settlement therein, and for the further reason that it will not allow an inference that Plett was his agent in paying the taxes charged to him in 1876. It was decided by this court in Overseers of Lewisburg v. Overseers of Milton, 18 W. N. 141, that a person who is chargeable to and receiving aid as a pauper from one district cannot acquire a settlement in another so
But it distinctly appears from the testimony submitted by the appellees that the taxes of 1876 were paid by Plett, and there was no attempt to show by him, or by any one, that Potter authorized, approved or knew of the payment of them. In making this payment Plett did not claim that he represented Potter, or say anything explanatory of his act, and his silence at that time is entirely consistent with the statement of Shelley, to the effect that he was one of a committee sent to the collector to pay the taxes of Potter and other delinquents, to enable them to vote. The only evidence of the payment of the taxes of 1876 is that of Shelley, and it must be considered as a whole. It was taken, and is relied on by the appellees, to show that these taxes were paid by Potter. Is it sufficient to satisfy the statute, which requires that the person charged with the taxes shall pay them ? We think not. The payment must be the act of the person charged, and it may be made by his agent, but in such case the agency should appear, either by express proof of it, or by facts and circumstances which fairly establish its existence. We think the learned judge of the
The decree of the court of quarter sessions is reversed, and the order of removal is discharged, and it is ordered that the overseers of the poor of Lawrence township pay to the overseers of the poor of Delaware township such costs and charges as shall be adjudged reasonable and just, and the record is remitted to the quarter sessions of Clearfield county for the due ascertainment thereof.