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· 3/28/1892

Cascade Overseers v. Lewis Overseers

Citations

  • 148 Pa. 333
  • 23 A. 1003
  • 1892 Pa. LEXIS 980

Syllabus

<p>Poor laws — Removal of pauper — Separation of husband and wife — Act of June 13, 1836.</p> <p>An order was made, under the act of June 13, 1886, for the removal of a female pauper who was living with her husband at the time. There was notiiing to show that either the husband or wife objected to the order on the ground that it enforced a separation, or that the husband did not in fact accompany his wife. There was nothing in the order to prevent his doing so.</p> <p>Held, on appeal by the overseers of the poor that the proceeding should be affirmed.</p> <p>Settlement of paupers — Lease for a year.</p> <p>Where the husband of a pauper leases and pays rent for a house at a rental of $10 per annum, and occupies it from April 2, 1890, to April 1, 1891, there is a lease or occupancy for an entire year, sufficient to give a settlement to the lessee under the act of June 13, 1836.</p> <p>Computation of time — Act of June 20, 1883.</p> <p>It seems that the act of June 20, 1883, P. L. 136, was intended to cover cases where an act is ordered or directed to be done or performed by any law or rule of court during or within a prescribed period. Where rights are acquired'by virtue of an act performed and the continuance of a certain state of facts for a prescribed period, the act does not apply, and the computation of time must be made most favorable to the parties whose rights are affected thereby: per Metzser, P. J.</p>

Judges: Heydrigk, McCollum, Pans, Pee, Sterrett, Williams

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