
    The Inhabitants of Sidney versus The Inhabitants of Augusta.
    When, in consequence of a notice to the overseers of the town in which a pauper has his legal settlement, they provide for him ; if the pauper afterwards receives aid from the same town which gave the notice, a new notice is necessary in order to charge the town of the pauper’s settlement.
    
      * Assumpit for expenses incurred by the plaintiffs in [*316] the relief and support of one Cole, a pauper, from the 17th of January, 1811, to the 6th of April, 1812.
    The action was referred to the decision of the Court upon an agreed statement, from which it appeared, that on the 1st of January, 1807, the said Cole being in need of surgical and other aid, was relieved by the plaintiffs. On the 12lh of the same month, the overseers of the poor in Sidney gave notice of Cole’s situation to the overseers of Augusta, alleging his settlement to be in that town, and requesting his removal, to which notice no written answer was ever returned. But, soon after, the overseers of Augusta provided for the pauper, and continued so to do until the 17th of January, 1811 ; at which time he again stood in need of assistance, and, the overseers of Augusta refusing to afford any further aid, he was supported at the charge of the plaintiffs until the 6th of April, 1812, when the overseers of Sidney caused him to be removed to Augusta, and since which time the defendants have provided for him. No other notice had been given, except that above mentioned to have been given in January, 1807.
    The plaintiffs were to become nonsuit, or the defendants be defaulted, as the opinion of the Court should be on the facts agreed.
    
      Rice, for the plaintiffs.
    
      Williams, for the defendants.
   Per Curiam.

The demand made on the part of the town of Sidney, when the notice was given, was satisfied by the overseers of Augusta taking the charge of the pauper. When he again became chargeable to Sidney, a new notice was necessary ; and, as none was given, this action cannot be supported.

Plaintiffs nonsuit. 
      
      
        Hallowell vs. Harwick, 14 Mass. Rep. 186. — Walpole vs. Hopkinton, 4 Pick. 358.
     