Monroe v. Acworth

Where a pauper notice stated the sums expended, “since the fifth day of October, up to December 31, inclusive,” it was held that the fifth day of October was not included.

Assumpsit, to recover $115.80, for relief afforded to ' paupers having their settlement in the defendant town, alleged to have been furnished at the time of the service of notice upon the defendants, and also $88.15, for relief alleged to have been furnished within one year from and after the day on which said notice was served. The notice was dated January 1, 1859 ; was served January 4, 1859, and averred that on the fifth day of October, 1858, the paupers, then and ever since poor, &c., and having their settlement, &c., were relieved, and have ever since been supported by the plaintiffs, and that the sums expended by said plaintiffs for such relief and support, “ since said 5th day of October, up to December 81, 1858, inclusive,” were as follows; specifying the items of expenditure. The case was transferred, for the purpose of obtaining the opinion of the court as to the sufficiency of the notice. argued that the word “since” excludes the 5th of October from the computation, and the word “ inclusive,” following the words and figures, December 31, 1855, relates to the latter date only, and not to the previous date of October 5, 1858. But they contended that even if the notice was construed to embrace October 5, and so covered a period of ninety-one days, the plaintiffs might still recover what was proved to have been expended within ninety days, though the notice failed to make the distinction; and they cited Devised Statutes, ch. 66, secs. 9, 10, 13 and 14. They urged that this would not be a case where the notice, in bad faith, contained more than was expended ; and that it was not necessary that the plaintiffs should prove all that the notice contained; and they cited Barnstead v. Strafford, 8 N. Ii. 142; Southbridge v. Charlton, 15 Mass. 248; Berlin v. Gorham, 34 N. H. 27T. contended that the relief being all lumped together in the notice, with nothing by which that furnished on the 5th day of October could be separated from the rest, and being of such a nature that it might well have been furnished in considerable quantities on the 5th of October, the notice did not so specify the sums expended within ninety days from the service of the notice as to entitle the town to maintain its action for any part of the supplies furnished before the service of the notice; citing Lisbon v. Bath, 21 N. H. 327; Briggs' Petition, 29 N. H. 552; Wilkinson v. Albany, 28 N. H. 9.