The principal issue submitted to the jury was, whether Abner B. Crocker, at the time of receiving the supplies sued for, had his settlement in the defendant town. The plaintiffs did not pretend that he gained one there in Eis own right, but claimed that he derived it from his father, Hiram Crocker. Neither did they claim that Hiram ever gained a settlement in Farmington in his own right, but that he, too, had a derivative settlement there from his father, Jabez B. Crocker, who, as they alleged, acquired his by “ having his home therein, on March 21, 1821, without having received supplies as a pauper within one year before that date.” B. S., c. 24, § 1. YII.
The defendants presented four requests for instructions, none of which were given in terms, but all in substance so far as they were applicable. The defendants now contend that the fourth should have been given in terms. The jury were instructed in substance that the acts of town officers bind their town only when they are acting within the scope of their duty; that the statute requires overseers of the poor to relieve a person found destitute in their town at the town’s expense; and that when thus acting their acts bind the town ; that is, that the town is bound to pay the bills, and having paid, cannot recover back.' The presiding justice then submitted to the jury these acts as matters of evidence; and after suggesting the liability of officers to make mistakes; that they may not have thoroughly investigated before acting, proceeded as follows: “ What weight will you give these acts of the overseers on the subject as to where the pauper settlement of Hiram Crocker was. Because they only pertain to Hiram Crocker. Not that they will conclude the town. They are not conclusive as to where Hiram Crocker’s real settlement was. They paid the bills on the ground that his settlement was in this town ; but it may not have been. They are simply evidence for you to weigh with all the other evidence in the case,” etc.
Forgetting their first request for instructions, the defendants contended at the argument of these exceptions that there was no question for the jury as to where Hiram Crocker’s settlement was during the twelve years covered by the orders. There was no affirmative evidence that he acquired a settlement out of Farming-
In Harpswell v. Phipsburg, 29 Maine, 313, an action to recover for pauper supplies, evidence of a former suit by Harpswell v. Phipsburg, and a settlement of what was claimed therein for the support of the same pauper, was held to have been properly admitted. Wells, J., speaking for the court said : “What is done by the officers of a town, within the scope of their authority must necessarily affect the town in the same sense as if done by the town itself. As where a person is taxed, or his name is entered on the list of voters and he is allowed to vote, it is evidence of residence where he is so taxed or votes, not conclusive, but its weight and effect are to be determined by the jury. Westbrook v. Bowdoinham, 7 Maine, 363.” After illustrating’ the rule in various ways,the opinion proceeds: “It [the settlement of former suit] was not a mere declaration made by an overseer, as was the case in Corinna v. Exeter, 13 Maine, 321, but an act done by two of the overseers. And all that was decided in Peru v. Turner, 10 Maine, 185, (cited by the defendants in the case at bar) was, that the note signed by overseers of Peru, and which contained an admission that the pauper was chargeable to Peru, was not conclusive by way of estoppel. The question made in that case was upon the effect, and not upon the admissibility of the evidence.”
There is nothing in Veazie v. Howland, 47 Maine, 127, or in the Massachusetts cases cited by the defendants, inconsistent with the eases mentioned in this state.
The question has been before the court in New Hampshire several times and with the same result. While it is held there, as in this state and Massachusetts, that the settlement of paupers is settled by the statute, and cannot be changed by tbe acts of towns or tlieir officers, otherwise than in accordance with the statutes, it is also held that the acts of the selectmen in paying bills incurred by other towns for the support of a pauper, may be shown in evidence, as tending to prove any fact necessary to establish the settlement of such pauper in that town. Thornton v. Campton, 18 N. H. 20, and cases cited. Also Leach v. Tilton, 40 N. H. 473.
We do not perceive the force of the proposition that, by refusing to give tbe fourth requested instruction, tbe charge “gave the jury to understand that the request was not good law, and that they might consider not only the acts of the overseers, but tlieir declarations also; ” for the requests wore put into the bands of the presiding justice before tbe arguments to the jury, who never saw or heard that there were any requests.
So far as the motion is concerned, we see no sufficient cause for disturbing the verdict. There were many witnesses, all of whom
Motion and exceptions overruled.