*1 503 August, SCHOOL Aug. 12, 1875. 2 No. District Pollard. School in Brentwood v. The have the minor children of at a paupers, supported county poor-farm, to attend school the district in which such
right public county farm is located. The to the parties agreed statement facts: following The are a school district in the town of au- plaintiff's Brentwood, duly
thorized, and on thirtieth D. and for 1874, A. day September, long time owned the lot and previous, school-house thereon described the writ said action, them for occupied school purposes. defendant at said time was the superintendent county farm for said county, which located within the limits of said school district. During writ, the time named in said Charles William Osgood, Cronan,
Katie William Johnson, and Etta Wright, Johnson resided upon were nor at said county farm as supported mi- county upon They were paupers. resided parents were at said supported farm as county county Neither said paupers. children nor their pa- rents had residence or any domicile said district other than their residence at said farm as county On or about the paupers. first A. D. 1874, the by plaintiffs, their prudential committee authorized, duly forbade said children said entering school-house and there; attending order of said defendant said chil- dren continued to into said go school-houseand attend school there, up to the thirtieth day of 1874. September, facts were foregoing to for the agreed purpose determining whether or not said question school, children had a lawful right attend in said school-housein said kept district, against the will of said and its committee; district prudential and it was agreed that such should be entered
judgment thereon as the court might order,—-judg- ment to be given for nominal plaintiffs damages costs, court should bo of school, that said had opinion no to attend said the facts above stated. Fernald, for the cited Gen. Wiggin plaintiffs, 83, sec. 18, 1, 2 ib., 242, 470, Bouv. Law Diet. Thorndike v. Boston, 1 Met. Shattuok v. 3 H.N. Moore v Maynard, Wilkins,10 N. H. 452, Kirkland v. 4 Allen v. Whately, 12 Whitney Sherburn, Allen 111.
Frink, for the defendant. J., *EosteR, 0. G. No shall have a right to attend school, or to send scholar school, district of which he not an
inhabitant, without the consent of the district or of the com- prudential mittee. Gen. Stats., ch. 83, sec. 1.
* Smith, J., didnot sit. [Rockingham, v. POLLARD. DISTRICT laws our limits all which includes and the exception This provision free, popular privileges to the enjoyment permit education. tion of *2 to condi- are not and advantages peculiar These in the the of residence No length or estate. mind, body, previous to scholar, goes when he is the required, district -provided
school His residence district. inhabiting and the school, is rightfully properly essen- is not the residence declared schooling there for the purpose suffrage. or the exercise taxation, for tial to possess property scholar or required Neither is the parent hon- child behaves himself If the man or the poor poor qualification. ; him of a schoolmaster state owes the services and estly uprightly, in order to pay its favored it of more children and taxes property an of the law is but Herein the municipal exemplification this debt. charity. of Christian law (Laws itself is from taxation exempted the alms-house Although in is thus taxed Brentwood ch. poor-farm 37), Stats., in school district No. of education the support of chil- of the number by it reason although may happen, 2. And county may dwelling poor-farm, dren temporarily tax, of the school still ita its lexscripta always est; equitable proportion pay at exists, its must be remedy sought therefore a grievance the court. by and cannot be doors the legislature, applied for the children, dwelling is, present but not whether The question district because their limits of this school poverty as inhabitants consents, are to be regarded will of the laws. the meaning within state, that a is in this who person temporarily It has been decided in for the of acquiring a district sole purpose the advantages located fraudulently of a simi to there, enjoying an preference education residence, is not an inhabitant his actual lar of the law. District v. Brag School meaning district within of the 23 N. H. 507. don, statute; other judicial interpretation I am not aware 53 N. H. Pembroke, in McIntire v. court, by it was suggested but disease, in con an and who afflicted with infectious 467, that persons thus secluded to a while pest-house, be removed thereof sequence control, in a may, and under perhaps, their friends municipal from aid at the entitled to medical condition of pauperism, temporary such a seems to be an between analogy town: there expense present. case animus domicile, by law as affected ordinary is not the It revertendi, which is to this case. or the animus govern manendi ? district, in sense legal an inhabitant of a school then, is Who, is inhabit de- resident of district. The word not be a He need dwell, abide, to which is hábito, defined, Latin verb from the rived down; Reside is re and to sit sedeo, in.” from inhabit, or live “ to the Danish abide.” dwell, dwelger, usually synonymes, not, All these terms are classed strict- but v. POLLARD. SCHOOL DISTRICT ness, so; for word does not convey tlie inhabit the idea of properly abide, not indicate permanent dwell, residence. To does perma- nency location or of abode with Lot time, angels night, one —lor tents; Arabs dwell but, they Arabs, like fold their tents
And as steal silently away.” Inhabit of a full conveys home, the idea of a necessarily ;
fixed is settlement, such as term residence Dr. conveyed by us, habitation, Johnson tells was led obliged my being remove evil my to a genius convenient house the street where nobility would precisely condition, seem, it these unfortunate reside” — the public. statutory definition of the term inhabitant —Gen. sec. 6—is not but it very ambiguous important, and uncertain. shall word inhabitant mean [not be] resident, or home, town, having any city, dwelling *3 place.” A home his person’s house, be own or his hired lodgings.
Webster’s Die. It need that, be a denied, not is actually while in one residing place with the there, intention of or with remaining no intention of not, to his in returning former he is residence, any commonly received sense, an of inhabitant the latter for of taxation. purposes case from 1 cited Metcalf, the learned counsel for the decides plaintiff, no more than this. If it any bears it analogy present case, does not help plaintiffs. If the fathers of these instead of being temporarily and will, inhabitants poor-farm, against per- haps, with no definite intention to their returning former life, condition of in in have taken the alms- fact their abode as house a they permanent residence, are inhabitants not less inhabitants because residents. It need not be denied authority that there power vested county commissioners establish a school within the limits of farm, for the uses necessities of the children special there; located but the law does not and the it, commissioners require ; have re and if are done these children denied privileges school, in schooling the district denied They are are they altogether. in as woeful on traveller plight Wordsworth’s sorrow-burdened ” skirt of Sarum’s plain: stood, near
“And homeless a thousand homes he And near a thousand and wanted food.” tables pined In the earliest than a and a days government, century more quarter before the framers of our state constitution prescribed present “ the all future duty in legislators magistrates, periods this sciences, to cherish of literature and the government, the interests and all that seminaries public schools, declaring knowledge — learning, diffused a are essential to generally community,” through Dover, aof town of “at a preservation government,” free —the
VOL. lv. 32 506 [Rockingham, held Meetinge the 5: mo. publique 58,” Towne voted that “Twenty annum shall be pounds per yearly rayzed of a mayntenance * * School master that is to say, of all the chil- teachings dren Township.” New was not an Hampshire independent colony then, and laws ¿£10 of Massachusetts province imposed penalty upon every of one hundred town families and upwards should or neglect omitt to keepe N. grammer schoole.” 1 H. Prov. Pap. men of Dover this good “ gave practical law : interpretation this ¿£10 schoole,” costly so grammer the days when was a sum, great is for all the children Dover. those Since there has early days, no been only imposed of a restricting privileges public school education to class, sect, condition, social, political child, almost as soon every as ho can speak tongue, native if not permitted, required, attend the district which he inhabits length being time (no pre- for his ; scribed residence previous and, since his education is therein) thus assured at the he is public expense, prohibited entering certain into employments life until and unless have, he shall through own moral and mental culture, discipline contributed something of a free preservation government. 83, secs. 11-13. Concord, In this city all the children attend school pauper common school-house of the district in which the almshouse is located. All the children of the Home at Franklin are Orphans’ provided for inA same and neither way; instances, nor other prior suit, am present aware that the in this respect have ever been questioned. *4 for Counsel the plaintiffs man- apprehend health, the danger and the
ners, with morals of the more fortunate children from “association a such class as make share of larger county paupers.” this is a apprehend groundless fear. An will community not enlightened tolerate, on the of the part of guardians such or poor, negligence inhumanity as would tend to the generation, or dissemina- promotion, tion of infectious disease. And it is to a of that condition hoped is not an vice ordinary inference from the condition of poverty. It was a maxim of emperor the late French, of that first duty aof charitable is administration to charity; the need of but the prevent of greatest preventive lias is to pauperism, education,— say, popular —that been yet introduced into of insti- France. The influences free tutions, general and suffrage, education essential to the are popular of cultivation individual and respect These influences independence. cure social or eradicate for pauperism; political whatever elevates the man, his poor laboring faculties, or sharpens self-control, liis character, improves strengthens capacity far tends in so to prevent the peculiar debasement, dependence, which misery constitute The children of the more for- pauperism.” tunate classes may become degraded by contact with the dependent is associ- idle no restraint latter free poor, imposed upon upon ; but, work-house and the discipline ation school, under the combined tlie of contamination can be no from vice or great danger there is misfortune curative treatment. undergoing process which be, contrary this it is our institutions policy However to exclude from the free whom misfor- advantages schooling those That public tune has cast will continue to charity. charity upon but, alone, without distinction of the bless- dipense person, bread and the means of mental ings illumination, moral culture even as God sunbeams alike pours upon just unjust. Cushing, C. J. The case turns of the word construction
“ inhabitant,” In Stats., 83, in Gen. ch. sec. 1. SchoolDistrict v. Brag 23 N. H. don, 510, court other charged jury, amongst matters, all “that, actual residence was that was to entitle ordinarily, required of suitable to attend the school.” This age received persons charge and must court, the whole be considered author as approbation Stats., 73, the construction Rev. ch. which is in ity 7, sec. these words: “No shall have a to send to to receive any bene person fit from school in a district in he is not a resident, which without 1, 83, Stats., the consent of such district.” “ In Gen. sec. the word ” ” inhabitant takes the the word resident in the Revised In the report they Statutes. the commissioners indicated by v the letter that their were verbal. margin changes merely It is Statutes, true that the the General added, legislature, enacting after district,” the words consent of the the words or of the prudential committee,” alteration, which is material but leaves the alteration before made the commissioners left verbal. it, merely— ’ ‘ By “the word inhabitant mean resident or his home in dwelling having any city, town, or It seem, therefore, would that the construction place.” word given would resident,” cited, the case above apply equally “ inhabitant word statute. present It from the did case, appears poor attend the the first to the end of September, August during all time they which womust understand that all the home had was the county is It of the law of this undoubtedly poor-farm. policy state, that situated, should have so the benefit poor public provi- I think sions for instruction. county domicile the fact that were they inmates of the all and that time, they had no poor-house during home or make them anywhere else, residents and sufficient *5 inhabi- tants within I the law. therefore meaning fully agree with my brother that there must for the defendant. judgment Foster, J. think also these children are inhabitants the Ladd, of Gen. sec and that our meaning judgment should be for defendant. Judgment defendant.