29 Conn. 74 | Conn. | 1860
This case depends upon the construction which should be given to the 6th section of the act providing for the support of paupers, Rev. Stat., tit. 42,) in respect to the meaning of that part of the section which provides that any inhabitant of any town in the state shall gain a settlement in the town to which he may have removed, “ if he shall reside in such town for the full term of sis years, successively, after his removal into such town, and shall, during the whole of said time, have supported himself and his family, if any he have, without his or their becoming chargeable to such town, or to the town that may by law be liable for the support of such person or family.” The question was, whether John D. Clark, one of the paupers, had acquired a settlement by commorancy in Lyme. His father’s residence was there, and the plaintiffs claimed that his established residence was at his father’s house, from the autumn of 1820 until his marriage in 1833, during which time they claimed that he acquired a settlement there for himself. During this period he had in fact been absent, at different times, for a period of three years or more in all,
The defendants’ counsel, in controverting the legal correctness of the charge, have, we think, taken an erroneous view of the distinction between the actual residence of a party and the place of his domicil. It is true, there is a wide difference between domicil and mere residence. Of course they may be, and usually are, at the same place, and it is quite obvious that they may be at different places. But domicil is but the established, fixed, permanent, and may therefore be said to be the ordinary, dwelling place or place of residence of a party, as distinguished from his temporary and transient though actual place of residence. One is his legal residence as distinguished from his temporary place of abode ; or, to use the language of the charge, one is his home, as distinguished from the place or places to which business or pleasure may temporarily call him. Now, when the statute speaks of a resiidence which, if continued six years, will establish the settlement of a person, it must mean a permanent, fixed residence,
The charge in this case followed the charge in the somewhat similar case of New Milford v. Sherman, 21 Conn., 101, as nearly as the circumstances of the two cases would allow, and that charge was not, in this respect, complained of by the learned counsel engaged in the case. In substance, it is all resolved into the proposition, that the legislature intended, by the word “ reside f as used in the statute,.a fixed, permanent and established residence, as distinguished from a residence which is merely transient or temporary; and that such a permanent and established residence is not interrupted by an absence from it which is merely temporary in its character. We can not feel that there can be any doubt upon the question. The principles of the charge will be found to be fully sustained in the numerous cases cited by the plaintiffs’ counsel in support of it. We do not therefore advise a new trial.
New trial not advised.