ty, then the town in this state where such poor person has his or her legal settlement, shall be liable for his or her support or maintenance."

The only question, that is known to have arisen upon the subject of this clause in the statute, has been, who is to be considered of sufficient ability? In the case of Newport vs. Eastman, in the county of Cheshire, October term, 1824, it was ruled, that a farmer, having real estate of the value of $2000, and indebted to the amount of $1400, if only able from the produce of his farm with his own labor and the assistance of his family, to maintain himself, his wife and children, and pay the interest of his debts annually, and no more, was not to be deemed of sufficient ability, within the intent of the statute, and was not bound to support his parents.

In the case of Walpole vs. Marlow, in the county of Cheshire, May term, 1821, Mr. Justice WOODBURY laid down the following rule on this subject: "A relation who, without breaking up his own family, without a change of his professional pursuits, or of his accustomed style of living and without any hazard to the probable maintenance for life of himself and dependents, can contribute to a pauper's relief, is certainly a relation of sufficient ability. It matters not whether the ability be derived from a surplus of annual income or of fixed capital, either personal or real. On the other hand, a relation who cannot thus contribute without incurring some of those sacrifices and dangers, is certainly destitute of sufficient ability."

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SECTION 7.

OF BRINGING POOR PERSONS INTO THE STATE WITH INTENT TO LEAVE THEM, AND OF BRINGING AND LEAVING IN ANY COUNTY POOR PERSONS FROM ANOTHER COUNTY.

The statute of December 16, 1828, section 12, enacts, "that if any person or persons shall bring and leave, or bring with intent to leave, any pauper, or poor and indigent person or persons having no visible means of support, into any county in this state, from any other county in which such pauper or poor person or persons may have been supported and maintained, or have resided, such pauper or poor person or persons not having a legal settlement in any town, nor any relation to whom such pauper or poor person may be chargeable for his or her maintenance, within the county into which such pauper or poor person may be brought, knowing him, her or them to be such, the person or persons so offending may be indicted for such offence, and on conviction thereof, shall be fined in a sum not exceeding two hundred dollars nor less than thirty dollars for the use of the county in which such offence may be committed, or imprisoned not exceeding six months, at the discretion of the court. And such pauper or pocr person shall be removed by order of court into the county from which he or she may have been brought."

"That from and after the passing of this act, if any person or persons shall bring and leave, or bring with intent to leave, any pauper, poor and indigent person or persons having no visible means of support, from any other state, into any town or place in this state, who shall not have any legal settlement within this state, knowing him, her or them to be such, shall forfeit and pay for every such offence a sum not exceeding three hundred dollars, nor less than fifty dollars, at the discretion of the court before whom the same is tried; to be sued for and recovered by action of debt before any court proper to try the same, one moiety of which shall be to the use of any person or persons who may sue for the same, and the other moiety to the use of the state."

SECTION 8.

OF THE SUPPORT OF PAUPERS BY TOWNS, AND OF THE MODE OF OBTAINING INDEMNITY WHEN THE PAUPERS HAVE RELATIONS WHO ARE BOUND TO MAINTAIN THEM, OR HAVE SETTLEMENTS IN OTHER TOWNS.

The statute of December 16, 1828, section 11, enacts, "that when any person in any town in this state shall be poor and unable to maintain him or herself, such person shall be relieved and maintained by the overseers of the poor of the town where such person shall happen to be. And in case such town is not by law chargeable with the maintenance of such poor person, they may by action recover of the town or person chargeable by law with the maintenance of such poor person all such sums as they shall have expended in the maintenance of such person. Provided, that in all cases notice in writing, signed by the major part of the selectmen or overseers of the poor and stating the sums expended by them for the relief of such poor person or persons shall be given in the manner hereinafter mentioned, to the town, or to the selectmen or overseers of the poor of the town, or to the person chargeable by law with the maintenance of such poor person or persons. And such notice shall be served upon the town, or upon the selectmen or overseers of the poor of the town, that may be so chargeable, by the sheriff of the county or his deputy, by leaving an attestted copy of such notice with his return thereon with one at least of the selectmen or overseers of the poor and with the clerk of such town; and upon any person who may be chargeable as aforesaid, by giving him or her an attested copy of the notice with his return thereon, or by leaving an attested copy thereof at his or her last and usual place of abode. And the sheriff or his deputy serving the same shall within twenty days from the service thereof make a return of the original notice with his doings therein to the clerk of the court of common pleas in the county in which the town or person chargeable may be, and shall receive the same fees for his travel and service as by law are allowed for serving writs. And no action shall be sustained against any town or per

son for any sums expended as aforesaid, unless previous to the commencement thereof such notice shall have been given in the manner aforesaid. Provided also, that no action shall be sustained unless commenced within three years from the time of the service of such notice upon the town or person chargeable for the relief of such poor person or persons, nor for any sum that may have been expended more than ninety days previous to the time of giving notice as aforesaid."

Form of a notice to a town that a pauper has been maintained, &c.

STATE OF NEW-HAMPSHIRE.

To the town of Concord in the county of Merrimack.

You are hereby notified, that on the first day of January last past, A. B. then and ever since a person poor and unable to maintain himself, and having his settlement in said town of Concord, was relieved, and has ever since been supported by the town of Chester, in the county of Rockingham and the sums expended by the said town of Chester for the relief of the said A. B. since the first day of January, are as follows:

[Here state the sums expended.]

A pauper for whose support provision was made in the town of W. in which she had a settlement, went into the adjoining town of N. S. and there expenses were incurred for her support, although the pauper herself, the person with whom she there resided and the town all knew that a place was provided for her in W. to which she was able to walk without difficulty. It was held that N. S. could not recover of W. for these expenses. 2 Pickering 341, New-Salem vs. Wendell.

SECTION 9.

OF THE SETTLEMENT OF THE POOR.

1. Of settlements gained under the Provincial act of 5 Geo. I. cap. 87, sec. 9.

By this statute it was enacted, "that if any person or persons come to sojourn or dwell in any town, &c. and be there received and entertained by the space of three months, not having been warned by the constable, or other person, whom the selectmen shall appoint for that end, to leave the place, and the names of such persons with the time of their abode there, and when such warning was given them, returned unto the court of quarter sessions, every such person shall be reputed an inhabitant of such town, &c. and the proper charge of the same. vided nevertheless, this act shall not be understood of any person committed to prison, or lawfully restrained in any town, or of such as shall come or be sent for nursing or education, or to any physician, &c. to be healed or cured."

Pro

By the provincial act of 11 Geo. III. chap. 147, it was enacted, "that from and after the first day of July next, no person or persons shall gain a settlement in any town, &c. by dwelling therein without being warned out according to law, for any term of time less than one year.'

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This last act went into operation on the first day of July, 1771. The provincial act of 5 Geo. I. was passed in the year 1719. Thus it seems, that previous to the 1st July, 1771, a residence of three months without being warned to depart, gave a settlement. But subsequent to that time a year's residence was necessary.

Upon these statutes the following points have been decided.

1. In order to make the warning valid, it was necessa ry that the warrant should be returned to the court of sessions within the time specified in the statute. Thus previous to the 1st July, 1771, it must have been return