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Latest revision as of 15:06, 22 September 2020

benefit of the Poor of said town”.

These are the several provisions referred to in the question proposed. It is of importance to attend to the dates of the three Acts before stated. the two former so far as they have any relation to the point is to be decided it is believed were enacted by the Legislature in the very language in which they were digested and reported by the Board of Jurisprudence: no change of principles or provisions being deemed necessary. But the case is very different in regard to the last Act. several essential alterations were made by the Legislature: introducing and establishing some principles entirely new, as to the settlement and support of the Poor. The change alluded to, in respect to the support of the Poor is that by which the expense of such support is thrown upon the towns in the state, in which it is incurred; and by which the right of reimbursement from the State Treasury is taken away from such towns, where the paupers supported have no legal settlement in any town in the State.

The Legislature have deemed this a wise course of policy, and calculated to diminish the number of Paupers in the State. The principle being thus known and established by the Act of March 21. 1821, it is proper that such a construction should be given to it as will produce the intended effects: This act, having been passed after the other two, which had been reenacted in this State without alteration, must be considered as virtually repealing any provisions and controuling [controlling] any principles, contained in either of them, at variance with its own provisions and principles. It is manifest that the Legislature intended that after the passage of the last mentioned Act there should not be in Maine any State Paupers. The act speaks this language to intellegibly [intelligibly], that the Court perceive no reason why it should not be so understood and construed; some express provisions in the other two prior Statutes to the contrary notwithstanding. In aid of this construction, it is proper to notice the other new principle introduced in the last appropriating the monies received for licenses: which seems intended as a species of indemnity furnished to the towns in the State against the liabilities thus permanently imposed upon them in the support of Paupers who have no legal settlement in the State.

The opinion now given is, that the Statute of March 21