
    The People ex rel. Samuel T. Russell, Supervisor, etc., App’lt, v. The Board of Supervisors of Herkimer Co., Resp’t.
    
    
      (Court of Appeals, Second Division,
    
    
      Filed December 2, 1890.)
    
    Insane persons—Liability oe towns as to, where not paupers—Laws 1874, chap. 446, 114.
    When an indigent insane person, not a pauper, is sent to the asylum he is not “ chargeable to any town, nor is the town liable for his support,” and the county has no lawful claim to be reimbursed by the towns for the expenses paid'by it for maintaining in the asylums such indigent insane persons committed upon the certificate of the county judge, and who were residents of the town.
    Appeal from judgment of supreme court, general term, fourth department, affirming judgment dismissing writ of mandamus compelling respondent to charge the expense of supporting certain lunatics, etc.
    Anna Conklin, William Eegan, Mike McGuire and Hannah Dodge, lunatics in indigent circumstances, but not paupers, were residents of and had a legal settlement in German Flats, one of the towns of Herkimer county. They were admitted into the state asylum for lunatics at Ovid or Utica upon the certificates or orders of the county judge of Herkimer county, made in proceedings duly instituted for that purpose, and after they had been duly adjudged to be such lunatics and in such indigent circumstances, the supervisors of Herkimer in 1885, and for several years preceding, decided that the expense of supporting the lunatics named was properly chargeable to the town of German Flats. The distinction between the town and county poor is maintained in that county, and there is a poor house within the county, supported as required by law. Samuel T. Eussell, as supervisor, obtained an alternative writ of mandamus to compel the board of supervisors of Herkimer to charge the expense of supporting their lunatics upon the county of Herkimer instead of the town of German Flats, or to show cause, etc.
    At the trial by the court without a jury upon the return of the writ, it was dismissed on the merits, with costs against relator and the judgment was affirmed by the general term.
    
      J. B. Rafter, for app’lt; Edward A. Brown, for resp’t.
    
      
       Reversing 16 N. Y. State Rep.. 38.
    
   Per Curiam.

The question presented in this case has been determined adversely to the defendant in Town of Blenheim v. The Board of Supervisors of Schoharie County, 121 N. Y., 345; 31 N. Y. State Rep., 420. And upon the authority of that case the judgments of the general and special term must be reversed and a new trial granted, costs to abide the event.

All concur.  