
    Matter of the Claim of The St. Lawrence State Hospital v. Frederick Fowler, as Committee.
    (County Court—Lewis County,
    December, 1895.)
    Poor—Action to compel support by relatives —Jurisdiction op County Court.
    The County Court has no jurisdiction of a proceeding to compel the payment by a lunatic father or his estate for the support of a pauper son until the liability of the father, and. the amount of the" support, has been determined by the Court of Sessions.
    Application to compel the committee of Christian Hols-' worth to make certain payments for the support of a pauper son of the lunatic.
    
      Mullin, Griffin & Walker, for state hospital.
    
      T. M. Reed, for committee.
   Turner, J.

The facts in this matter are the same as in the proceeding instituted by the St. Lawrence State Hospital against Fowler as the committee of Christian Hplsworth, in the Court of Sessions in this county, to compel the committee to pay the sum of three dollars and seventy-five cents per week to said hospital. for the support and maintenance of John" Holsworth, a pauper son of said Christian Holsworth, at said state institution.

The petitioner is the treasurer of' said hospital, and the application herein is for an order directing the committee to pay to said hospital the sum of $245.29 for the care and maintenance" of John Holsworth at' said institution from October 1,1893, to the 1st day of January, 1895.

. The committee, by "his- counsel, interposes these objections, to wit:

First. That-the court has no power to bind either Christian Holsworth' or his committee, Frederick Fo'wler, to the payment of this claim, as there is no evidence showing that any order has ever been obtained in the Court of Sessions requiring the said John Holsworth to be supported by his father or by the committee of his father.

See/md. That until an order has been obtained in the Court of Sessions-determining the liability of the father and the amount thereof for the support of the said John Holsworth, the County Court has no jurisdiction to grant the order the petitioner herein requests, inasmuch as John Holsworth Is not "a minor, but is over twenty-óne years of age.

Third. That all the property of said Christian ^Holsworth, and all moneys and securities now in the-hands of his said, committee, are United States pension moneys, or derived wholly drom a United States pension heretofore, granted to the said Christian Holsworth.

After due consideration it seems to- me the objections in behalf of said Holsworth and his committee must be sustained.

An order may be-entered -denying this application in behalf "of St. Lawrence State Hospital, but without costs.

Application denied, without costs.  