Directors of the Poor & House of Employment v. Overseers of the Poor of Walker Township

Citations

• 7 Pa. Super. 303
• 1898 Pa. Super. LEXIS 287

Syllabus

<p>Poor law — Removal of pauper — Weight to be given relief order.</p> <p>On the hearing of an appeal from an order of removal which alleges all essential jurisdictional facts, the order of relief is generally received as sufficient proof of the chargeableness of the pauper to the distinct obtaining the order of removal and hence of the jurisdiction of the justices to act in the premises.</p> <p>Poor law — Overseer's duty as to temporary relief .</p> <p>Where persons are proper subjects of an order of relief, the intention of the person who acted on their behalf in obtaining it is immaterial; it becomes the duty of the overseers to obey by furnishing necessary relief until the last legal settlement can be ascertained and the paupers can be removed thereto.</p> <p>Poor law — Settlement by tax payment — Presumption from voting.</p> <p>The fact that a person voted in a certain township does not in itself raise a presumption that he had paid his proportion of any public taxes or levies for two years successively. He may have voted illegally or his .taxes may have been paid by a political committee.</p> <p>Poor law — Settlement of wife follows husband's.</p> <p>The settlement of a married woman follows that of her husband and this is as true of his quasi as of his legal settlement.</p> <p>Poor law — Settlement—Tenancy under act of 1836.</p> <p>In order to give a settlement under clause III., sec. 9, of the Act of June 13, 1836, P. L. 512, the person must stand in the relation of a tenant to the premises. One who makes a special contract with another person for board in his family including food and lodging is not a tenant but a boarder, and by no ingenuity can the contract be construed as a leasing of real estate within the meaning of the statute.</p>