Meeting of civil itants. SECT. 2. Any two of the civil authority, or selectmen, of any 1881. town, may call a meeting of such board, for the purpose of admit- authority for adting inhabitants, by causing notice to be left with the other mem-mitting inhabbers of said civil authority and selectmen, or at their usual places of residence, at least three days before the time named in such notice for said meeting; and when so notified, such civil authority and selectmen shall assemble, in joint meeting, at the time and place designated, in said notice, and when assembled, shall proceed to receive and decide upon all applications that may be made to them, in behalf of persons residing in said town, to be admitted to settlements therein; and if, after notice given as aforesaid, any of the civil authority, or selectmen, shall refuse to attend, or shall withdraw from said meeting, those who do attend, or remain, if a majority of said board, shall exercise the same powers, in regard to the admission and settlement of inhabitants, as if all the members of said board were present. habitants of other SECT. 3. No person, who is an inhabitant of any state, district, Settlement by inor territory, of the United States, this state excepted, who may states. come to reside in any town in this state, shall gain a settlement therein, unless he shall have statedly resided in such town one year, next preceding the time he claims to be an inhabitant, and shall have been admitted, in the manner prescribed in the first section of this act; or unless he shall have been possessed, in his own right in fee, of real estate, situated in this state, of the value of three hundred and thirty-four dollars, free from any incumbrance; and if the title to such real estate shall be by deed, such deed shall have been recorded at full length, in the proper office, for the term of one year; nor shall such person gain a settlement, unless he has been the owner of such estate, and has resided in such town, at least one year next preceding.* habitants of other towns SECT. 4. No inhabitant of any town, in this state, shall gain a Settlement by inlegal settlement in any other town, unless he shall have been admitted, in the manner prescribed in the first section of this act; or unless he shall have been possessed, in his own right, in fee, of real estate, of the value of one hundred dollars, free from any incumbrance, in the town to which he may have removed, for the term of one year during his continuance therein; or unless he shall have supported himself, for the term of six years, agreeably to the provisions of the seventh section of this act, and shall not, at any time before the expiration of said term of six years, have neglected or refused to pay any legal taxes imposed on him, within the time prescribed by law for payment, demand thereof having been made by the collector.t * A purchase and possession of land in fee, although immediately mortgaged, gives a settlement. Barkhamsted v. Farmington, 2 C. R. 600. Under the statutes, from 1768 to 1772, an inhabitant of another state conld not gain a settlement by commorancy. Danbury v. New Haven, 5 C. R. 584. Settlement lost, by gaining another in another state, and how re-acquired. Middletown v. Lyme, 5 C. R. 95. + What possession of land, necessary. Weston v. Reading, 5 C. R. 255; Reading v. Weston, 7 C. R. 143. Place of birth, prima facie, place of settlement. Newtown v. Stratford, 3 C. R. 600; Sterling v. Plainfield, 4 C. R. 114; Danbury v. New Haven, 5 C. R. 584. Such settlement, how superseded. Sterling v. Plainfield, 4 C. R. 114. Wife takes settlement of husband. Hebron v. Colchester, 5 Day, 169; Newtown v. Stratford, 3 C. R. 600; Danbury v. New Haven, 5 C. R. 584; Lebanon v. Hebron, 6 C. B. 45. Marriage with a man having no settlement in this state, does not change wife's settlement. Hebron v. Colchester, 5 Day, 169; Newtown v. Stratford, 3 C. R. 600; Lebanon v. Hebron, 6 C. R. 45. Divorce, from a marriage contract not void ab initio, does not remit wife to her former settlement. Guilford v. Oxford, 9 C. R. 321. Settle 1854. their settle SECT. 5. Whenever any female shall have married any man, who Females not to has no legal settlement in any town in this state, if, at the time of ment by mar- such marriage, said female had a legal settlement in any town in riage, until when. this state, the settlement of such female shall not be affected by such marriage, until her said husband shall have gained a settlement in his own right, in this state; and until the husband of such female shall have gained a settlement in his own right, the place of settlement of said female, before her marriage, shall be deemed to be her legal settlement, and the legal settlement of all the minor children, the issue of such marriage. 1854. 1863. not to acquire a birth SECT. 6. No child of any state pauper, born in the poor-house of Certain children this state, nor any child of such pauper, born during the time the settlement by parent or parents of such child shall be supported by any contractor for the support of the state poor, nor any child, born in the Hartford Hospital, or in the New Haven Hospital, while the parent, or parents, of such child are residing in either of said hospitals, as beneficiaries thereof, shall be deemed to be settled in the town where such child is born, by reason of such birth alone. Inhabitants may town to another. Six years' residence, without SECT. 7. Any inhabitant of any town in the state may remove remove from one himself, and his family, if any he have, into any town, and continue there, without being liable to be warned to depart, or to be removed therefrom, except in the cases hereinafter named, and shall gain a settlement in the town to which he may have so removed, if he shall reside in said town for the full term of six 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 to be charged for the support of such person, or Persons charges- family; but if any such person, at any time before the expiration of ble may be re- said term of six years, shall become unable to support himself and town where they his family, if any he have, and become chargeable to the town that support, gains a settlement, moved by the are. may be liable for his or their support, such person, and his family, may be removed to the place of his legal settlement, in the manner prescribed in the ninth section of this act, for the removal of inhabitants to other states.* ment of free women here is, prima facie, not superseded by her marriage to a slave in another state, and his subsequent emancipation; and her children here take her settlement. New Haven v. Huntington, 22 C. R. 25. Legitimate child takes settlement of father, if he has one; if not, that of mother. Hebron v. Colchester, 5 Day, 169; Newtown v. Stratford, 3 C. R. 600; Sterling. Plainfield, 4 C. R. 114. Legitimate child, born after father's death, and after mother has gained new settlement by second marriage, takes settlement of its father in preference to new settlement of mother. Oxford v. Bethany, 19 C. R. 229. Minor child not emancipated, takes settlement of mother, acquired after death of husband, in her own right. Bozrah v. Stonington, 4 C. R. 373. Same rule applies to idiots. East Hartford v. Middletown, 1 Root, 196. Agreement between mother and minor child, works no emanci pation preventing child from taking mother's settlement. Torrington v. Norwich, 12 C. R. 543. Bastard takes settlement of mother, whether acquired in her own right or by derivation. Canaan v. Salisbury, 1 Root 155; Danbury v. New Haven, 5 C. R. 584; Woodstock v. Hooker, 6 C. R. 35; Guilford v. Oxford, 9 C. R. 321; New Haven . Newtown, 12 C. R. 165; Newtown v. Fairfield, 18 C. R. 350. Bastard child, having, under laws of another state, settlement by birth there, while mother has settlement in this state, does not, by removing with mother to this state, take her settlement. Bethlem v. Roxbury, 20 C. R. 298; Middlebury v. Bethany, 32 C. R. 71. Child of slave, where settled. Windsor v. Hartford, 2 C. R. 355. Under statute of 1821, non-payment of taxes does not prevent settlement. Litchfield v. Farmington, 7 C. R. 100. The term residence means a fixed and permanent residence. Salem v. Lyme, 29 C. R. 74. Meaning of the word family. Cheshire v. Burlington, 31 C. R. 326. A person non compos may gain a settlement by commorancy. Plymouth e. Waterbury, 31 C. R. 515. *A void marriage does not prevent a woman from gaining a settlement. Johnson . which they SECT. 8. When any inhabitant of any town shall remove into May be removed another town, and while there, he, or any of his family, if any he by the town to have, shall become chargeable to the town from which he, or they, belong. respectively removed, and to which they respectively belong, then the civil authority, or any two of them, of the town to which such pauper or paupers belong, may, if they judge proper, on the application of the selectmen of such town, by warrant under their hands, directed to either of the constables of said town, order such pauper, or paupers, to be taken, and transported from the town where they reside, and are chargeable, to the town to which he, or they, belong; and such constable shall take and transport him, or them, according to the directions contained in such warrant.* other states, how SECT. 9. When any inhabitant of any state, district, or territory, Inhabitants of of the United States, this state excepted, shall come to reside in any removed. town in this state, and shall not have gained a legal settlement therein, the civil authority, or the major part of them, of such town, may, if they judge proper, upon the application of the selectmen, by warrant under their hands, directed to either of the constables of said town, order said person to be conveyed to the state from whence he came; and such constable, on receiving such warrant, may execute the same; and the expense thereof, being liquidated and allowed by the selectmen of the town to which such constable belongs, shall be paid out of the treasury of such town; and the expense of conveying an inhabitant of this state, as aforesaid, shall be liquidated, allowed, and paid, in the same manner. warn inhabitants SECT. 10. The selectmen of any town, either by themselves, or Selectmen may by a warrant from a justice of the peace in such town, directed to of other states to either constable of such town, may warn any person, not an inhab- depart. itant of this state, to depart from such town; and the person, so warned, shall forfeit, to the treasurer of such town, one dollar and sixty-seven cents per week, for every week that he shall continue in Huntington, 1 Day, 212. A settlement may be gained by a person under an overseer. Stratford v. Fairfield, 3 C. R. 588. By a manumitted slave. Colchester v. Lyme, 13 C. R. 274. A ward_gains no settlement by residence. Salisbury v. Fairfield, 1 Root, 131. Nor a minor. Huntington v. Oxford, 4 Day, 189; Sterling v. Plainfield, 4 C. R. 114. Where, upon divorce, mother appointed guardian of child, the child retains settlement of father. Hebron v. Marlborough, 2 C. R. 18. One settlement not lost, till another is gained. Norwich v. Windham, I Root 232. Residence, to gain settlement, must be actual residence, without which mere domicil is not sufficient. Period of imprisonment in state prison is to be excluded, in computing length of residence. Reading v. Westport, 19 C. R. 561. Period of temporary absence, with intent to return, is not to be exaluded. New Milford v. Sherman, 21 C. R. 101. Who are inhabitants, within the statute. Huntington v. Oxford, 4 Day, 189; Hebron . Marlborough, 2 C. R. 18. What evidence of inhabitancy, admissible. Barkhamsted . Parsons, 3 C. R. 1. Who belong to pauper's family. Norwich v. Saybrook, 5 C. R. 884. If member of pauper's family is, in fact, chargeable, during the six years, though the charges reimbursed to town by state, no settlement is gained. Norwich v. Saybrook, 5 C. R. 384. Incorporation of a new town affects settlement, how. Mansfield v. Granby, 1 Root, 179; Oxford v. Woodbridge, 8 Day, 224; Marlborough v. Hebron, 2 C. R. 18; Hebron Marlborough, 3 C. R. 209; Vernon v. East Hartford, 3 C. R. 475; Simsbury v. Hartford, 14 C. R. 192: Oxford v. Bethany, 15 C. R. 246; Bethany v. Oxford, 15 Č. R. 550; Waterbury v. Bethany, 18 C. R. 424; Colchester v. East Lyme, 18 C. R. 480; Naugatuck v. Middlebury, 20 C. R. 878. What evidence is admissible to prove non-payment of tax. Litchfield v. Farmington, TC. R. 100. What evidence, insufficient to prove non-payment. Middletown v. Berlin, 18 C. R. 189. See Marlborough v. Sisson, 23 C. R. 401. Refusal to pay taxes, sufficient, though not abated. North Stonington v. Stonington, 31 C. R. 412. *What form of action proper, when a pauper is illegally sent into a town. Somers v. Barkhamsted, 1 Root, 262; Stratford v. Sanford, 9 C. R. 275. Rule of damages in such action. Same. Whether a pauper, before act of 1820, might be removed, forcibly, to the town of his settlement. Backus v. Dudley, 8 C. R. 568. 620 state, who have PAUPERS. [Title 50. such town, after warning given as aforesaid; but nothing contained in this section, or in the three sections next preceding, shall affect apprentices under age.* Persons not in- SECT. 11. habitants of this intent of the provisions of the two next preceding sections, enterIf any inhabitant of any town shall, contrary to the been removed, or tain, or hire, any person, not an inhabitant of this state, who has warned to depart, been warned to depart from the state, or who shall have been removed therefrom, and shall have returned, and shall come to reside in such town, or shall let any house, or land, to such person, such inhabitant, unless he shall have first given security, to the acceptance of the authority and selectmen of such town, to save such town from all expense that may be occasioned thereby, shall forfeit, to the treasurer of such town, one dollar and sixty-seven cents per week, for every week that he shall harbor, entertain, or hire, such person, or let estate to him, as aforesaid. not to entertained Bringing paupers into the state, prohibited. Selectmen to prosecute. 1859. tify to selectmen sons unable to SECT. 12. Every person, who shall bring into this state any poor and indigent person, and leave him in any town of which he is not an inhabitant, shall forfeit, for every such person so brought and left, the sum of sixty-seven dollars, for the use of such town. SECT. 13. The selectmen, in their respective towns, shall prosecute all violations of the three next preceding sections of this act. SECT. 14. Every collector of town taxes, shall, within eighteen Collectors to cer- months after such taxes shall have become due and payable, make the names of per- a certificate that he has made demand of payment for such taxes, of the persons named in his certificate, according to law, specifying the time when such demand was made, that payment has been neglected or refused, that he is unable to collect the same, and that the same remain unpaid, and he shall make oath to the truth of such certificate, and deliver it to the selectmen of the town in which such taxes were laid. pay taxes. Selectmen to and a list of per town clerk, to be recorded. SECT. 15. The selectmen shall have power to abate the taxes of lodge certificate, all persons named in such certificate, and, within twenty days theresons abated, with after, shall lodge the certificate of the collector mentioned in the preceding section, and a list of the names of the persons, whose taxes have been by them so abated, signed by said selectmen, with the town clerk, which certificate and list shall be recorded by said town clerk, and remain on file in his office; and a copy of such certificate and list, attested by the town clerk, shall be evidence in any court that said taxes have been demanded in the manner mentioned in said certificate, and that the same have not been paid. Neglect to make ficate and list, to SECT. 16. If the collector of any tax shall neglect to make the and record certi- certificate, and the selectmen of any town shall neglect to make said be evidence that list, and cause said certificate and list to be recorded, as mentioned taxes are paid. in the two preceding sections, the town, in which said taxes are laid, shall be forever precluded from claiming and showing that said taxes have not been paid, but it shall be taken as conclusively proved that said taxes have been paid; but in all cases, where the selectmen of any town in this state have, prior to the twenty-fourth day of June, 1859, returned to the town clerk a list of the names of persons, whose state or town taxes have been by them abated, and have neglected to subscribe their names thereto, the same shall not, by reason of such neglect, be thereby invalidated, and may be proved by any other proper evidence. *Who are apprentices within the statute. Huntington v. Oxford, 4 Day, 189. What form of declaration proper. Barkhamsted v. Parsons, 3 C. R. 1.' Inhabitant of another state, violating statute by agent, liable here. Same. cate or list. SECT. 17. Any collector of taxes, knowingly and designedly Penalty for makmaking a false certificate, and any selectman of any town, know-ing false certifiingly and designedly making a false list of persons, whose taxes shall be abated under this act, shall pay a fine not exceeding two hundred dollars; and said offense shall be prosecuted, and proceeded with, as other criminal offenses. CHAPTER II. OF THE SUPPORT OF PAUPERS BY TOWNS. 2 pers. SECT. 18. All poor and impotent persons, who have not estate Towns to provide for all pausufficient for their support, and have no relations of sufficient ability, who are obliged by law to support them, shall be provided for and supported at the expense of the town where they belong; and every town shall maintain and support all the poor inhabitants belonging to the town, whether residing in it, or in any other town in the state. per. 1860. parent neglect deemed a pau SECT. 19. Whenever the parent of any minor child shall neglect or refuse to provide for his support, and abandon him to be supported ing his child to as a pauper by the town, where such parent belongs or resides, such be parent shall thereupon be deemed to be a pauper, and, as such, shall be subject to all the provisions and regulations of this act. SECT. 20. The selectmen of each town shall be overseers of the Selectmen to be poor, and shall, at the expense of the town, provide, for all paupers poor. belonging to it, food, clothing, fire-wood, and all other articles necessary for their subsistence, and draw orders on the treasurer of the town, for the payment thereof, and, when required, shall render an account of such expenditures to the town. Overseers of the lectmen, &c. SECT. 21. Paupers shall be liable to be removed to such places to Paupers subject be supported, as the town, or selectmen, may direct, and shall be to orders of sesubject to the orders of the selectmen, or of the persons contracted with to support them; and no individual shall have any legal claim against a town, for supplies, or assistance, furnished to a pauper against the express directions of the selectmen, nor before he has given notice of the condition of such pauper to one of the selectmen of the town where the pauper resides.* notice, bound to SECT. 22. The selectmen of every town, whenever a person, not Selectmen, after an inhabitant of such town, residing therein, shall become poor, and furnish support unable to support himself, shall furnish such pauper such support as to paupers not belonging to the may be necessary, as soon as the condition of such pauper shall come town. to their knowledge; and each selectman, neglecting such duty, shall forfeit the sum of seven dollars to him who shall prosecute for the same to effect. The selectmen of every town, in which a pauper Selectmen to belonging to another town is chargeable, shall give notice of his give notice to the condition to the town to which the pauper belongs, within five days their support, after they shall have obtained knowledge of such town, when such town is within twenty miles of the town where such pauper resides, *Notice to selectmen, indispensable. Kent v. Chaplin, 6 C. R. 72. town liable for |