300 Mass. 238 | Mass. | 1938
This is an action of contract under G. L. (Ter. Ed.) c. 121, § 31, to recover from the town of Ded
The question at issue is whether the payment of the board of Elizabeth J. Turner by the city of Somerville prevented her father from acquiring a settlement in Dedham through continuous residence in that town during the five-year period from September 28, 1923, to September 28, 1928, and thus prevented her from acquiring a derivative settlement through him in that town. Regulations governing legal settlements are entirely statutory. Dedham v. Milton, 136 Mass. 424. The general law as to the acquisition of settlements during that period and to the present time was that “each person who after reaching the age of twenty-one has resided in any town within the commonwealth for five consecutive years shall thereby acquire a settlement in such town,” and that “Legitimate children shall follow and have the settlement of their father if he has one within the commonwealth . . . .” G. L. (Ter. Ed.) c. 116, § 1, First,' Third. If her father acquired a legal
These three sections as a whole and in their context make it plain that no person shall acquire, or be in process of acquiring, a settlement while receiving these various forms of public relief. It is not necessary to trace the history of these several sections. They were gathered together in the compilation of the General Laws in 1921. They were in force when Elizabeth J. Turner was admitted to the hospital school in 1926, and up to February 1, 1929. See St. 1928, c. 155, §§ 9, 39, 59. The broad principle was declared by G. L. c. 116, §§ 2, 3, and 4, that persons, while receiving public relief in these various forms, should not be in process of acquiring a new settlement. It is plain that, if a statute of that precise tenor were in force, it would prevent the acquisition of a settlement by the father of Elizabeth J. Turner in Dedham during the five-year period here in question. Oakham v. Sutton, 13 Met. 192, 196. Needham v. Fitchburg, 237 Mass. 354. The fact that one of his children and not the father received the relief is an immaterial circumstance. Taunton v. Middleborough, 12 Met. 35, 38, 39. Somerville v. Commonwealth, 225 Mass. 589, 592.
There was no change in the statutes purporting to affect the case at bar until the enactment of St. 1928, c. 155, §§ 9, 39, 59. It was provided by said § 59 that the act should be operative on February 1, 1929. It is apparent, from a study of the history and language of this chapter, that it was not intended to change the substance or effect of any of the statutes then in force respecting relief. It was based upon recommendations of the commissioner of public welfare made to the General Court and printed as Legislative Document, House 173, of 1928. It deals mainly with nomenclature. Its title is “An Act to eliminate from the relief laws the word 'pauper’.” It struck out the word “pauper” from the laws relating to
There is nothing in the decision in Treasurer & Receiver General v. Bourne, 275 Mass. 313, at variance with the conclusion here reached.
Judgment for defendant.