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county, town or district taxes, for the space of five years successively, in the town or district where he dVrlls, and has his home, shall thereby gain a settlement therein.
Sixth. Any person being chosen and actually serving one whole year, in the office of Clerk, Treasurer, Selectman, Overseer of the poor, Assessor, Constable, or Collector of taxes in any town or district, shall thereby gain a settlement therein.
Seventh. All settled ordained Ministers of the Gospel shall be deemed as legally settled in the towns or districts wherein they are or may be settled and ordained.
Eighth. Any person that shall be admitted an inhabitant by any town or district at any legal meeting, in the warrant, for which an article shall be inserted for that purpose, shall thereby gain a legal settlement therein.
Ninth. All persons, citizens as aforesaid, dwelling and having their homes in any unincorporated place, at the time when the same shall be incorporated into a town or district, shall thereby gain a legal settlement therein.
Tenth. Upon a division of towns or districts, every person having a legal settlement therein, but being removed therefrom at the time of such division, and not having gained a legal settlement elsewhere, shall have his legal settlement in that town or district wherein his former dwelling place or home shall happen to fall upon such division; and when any new town or district shall be incorporated, composed of a part of one or more old incorporated towns or districts, all persons legally settled in the town or towns, district or districts, of which such new town or district is so composed, and who shall actually dwell and have their homes within the bounds of such new town or district at the time of its incorporation, shall thereby gain legal settlement in such new town or district.
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Provided nevertheless. That no person re- Proviso'.siding in that part of any town or district, which' , upon such division shall be incorporated into a new* town or district, having then no legal settlement therein, shall gain any by force of such incorporation only ; nor shall such.incorporation prevent.nisgaining a settlement therein within the time and by the means by which he would have gained it there, if no such division had been made.
Eleventh. Any minor who shall serve an apprenticeship to any lawful trade for the space of four years, in any town or district, and actually set up the same therein, within one year after the expiration of said term, being then twenty one years old, and continue to carry on the same for the space of five years therein, shall thereby gain a settlement in such town or district; but such person, being hired as a journeyman, shall not be considered as setting up a trade.
Twelfth. Any person, being a citizen, as aforesaid, and of the age of twenty one years, who shall hereafter reside in any town or district within this Commonwealth for the space of ten years together, and pay all state, county, town or district taxes, duly assessed on such person's poll or estate, for any five years within said time, shall thereby gain a settlement in such town or district.
And every legal settlement when gained shall continue till lost or defeated by gaining a new one; and upon gaining such new settlement all former settlements shall be defeated and lost."
By this statute, which is now in force, there are eleven ways in which a settlement may be gained.
1. By marriage.
2. By parentage. Legitimate children follow and have the settlement of their father, if he has any within the Commonwealth, until they gain one of 'their own; but if he has none, they follow and. have the settlement of their mother, if she has any. It has been contended that all legitimate children, by virtue of this provision of law, of whatever age they may be, follow and have the settlement of their father until they gain one for themrelves. But in the case of Springfield against Wilbraham the Court say, "In the construction of this clause of the statute we are all of opinion that upon the father's ) gaining a new settlement, a child of full age, although voluntarily living with him, does not have the new settlement of his father, but his former settlement remains. Whether the case of a child being non compos, or of a son marrying under age, or enlisting as a soldier, by which, during the enlistment, the father has lost all controul over his person, or right to the profits of his services, are or are not exceptions, may be determined when those cases arise. The present is not one of them.
We find cases in the English reports where a child of full age, living with his father, is considered as not emancipated. In those cases the child may be considered as a servant; and in that country a settlement may be acquired by service. But by our laws no settlement can be acquired by service."—*. Mast. Rep. 493.
Illegitimate children follow and have the settlement of their mother. This has been the case ever since the 10th of April 1767. Before that time the place of their birth was the place of their settlemen t.
3. By having an estate of inheritance or freehold, of the annual income of 10 dollars, and taking the profits thereof three years successively.
A freehold of less yearly income gives no settlement. Yet the owner may not be removed from it against his consent.—3 Mass. Rep. 436.
An inheritance is an estate in land, or in something appurtenant thereto, holden by one to himself and his heirs. A grant to one, his heirs and assign^, of all the trees and timber standing and growing in a close forever, with free liberty to cut and carry them away at pleasure, conveys an estate of inheritance in the trees and timber.—4 Mass. Rep. 266.—; Every estate of inheritance is a freehold; but every freehold is not an estate of inheritance'.
4. By being chosen and actually serving one year in certain town offices mentioned in the statute.
But no settlerrient is gained by Being chosen and serving as representative, or in any other office n$it mentioned in the act.
5. By having an estate at 200 dollars, or an inr.come of 12 dollars, and being assessed for the same five years successively, as pointed out in the statute.
6. By becoming a settled ordained minister of the gospel.
7- By vote of the town. *
8. By dwelling in an unincorporated place at tire' time when it is incorporated.
This method of gaining a settlement now takes effect by force of the general statute last recited. la former periods, the legal effect of special acts of incorporation was substantially the same.—" If the territory of which a new town was composed, had before been an unincorporated place, the incorpora* tion would ipso faclo have given every one inhabit, ing there a legal settlement."—4 Mass. Rep. 452..
9. By the division of a town or district.
When a town is divided the effect of such division may be considered with reference to three descriptions of persons.
First. Persons then dwelling in the town and having a legal settlement there. Such retain their settlement in the old town, unless, upon the division, their dwelling place happens to fall within the limits of the, new town. It' that happens, then they
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.lose their settlement in the old town, and acquire one in the new town.—4 Mass. Rep. 417.
Second. Persons dwelling in the town when it is divided but having no legal settlement there. Such gain no settlement in consequence of the division, although their dwelling place happens, on the division, to fall within the limits of the new town. Nor are they prevented from gaining one in the same time, way and manner they would have done, if the division had not have taken place.—4 Mass. Rep. 487.
Third. Persons having a legal settlement in the town when it is divided, but being, at that time, removed out of it, and absent from it. Such have their settlement in that town wherein their former dwelling place, from which they removed, happens to fall upon such division. This has been the case since the passing of the act last recited. Before that time, such absent persons retained their settlement in the old town, although their former dwelling place, from which they removed, happened, on the division, to fall within the limits of the new town.4 Mass. Rep. 280, 348, & 679.
10. By serving an apprenticeship, setting up the trade, and carrying it on, as specified in the statute.
11. By a residence of ten years, and payment of . all taxes for any five years within that time.
A settlement once gained in any town in the state is not lost but by gaining another in some place within the state.-—4 Mass. Rep. 133.
On the 26ih cf February, 1794, the following act was passed. . ,