
    City of Montpelier v. Town of East Montpelier.
    November Term, 1919.
    Present: Watson, C. J„ Powers, Taylor, Miles, and Slack, JJ.
    Opinion filed January 7, 1920.
    
      Paupers — Necessity of Notice Showing That Person Aided Was ■ Poor.
    
    1. To entitle one to public aid under G. L. 4219, lie must not only be a poor person, but he must also be in need of assistance.
    2. For' one town to" recover of another for aid furnished a pauper under G. L. 4219, the notice required by G. L. 4220 must state not only that the person-aided was in need of assistance but also that he was a poor person.
    Action- of Contract to recover for aid furnished a poor person under G-. L. 4219. Trial by the Montpelier City Court, Washington County, Erwin M. Survey, Judge. Judgment was rendered for the defendant on the ground that the notice given, as provided by G-. L. 4220, was insufficient. The plaintiff excepted.
    
      George L. Sunt for the plaintiff.
    
      Fred L. Laird for the defendant.
   Powers, J.

To entitle one to public aid under G. L. 4219, two conditions must exist: He must be a poor perl son; and he must- be in need of assistance. One may be poor, and not need assistance; and he may need assistance and not be poor. It is not enough, under the section specified, that one of these conditions exists; both must be shown. In this respect, the person referred to in that section differs from the .one referred to in G. L. 4222; for the only requirement therein is that he shall be in need of relief, without regard to his financial condition. Danville v. Sheffield, 50 Vt. 243. The notice required by G. L. 4220 is a prerequisite to a suit for reimbursement, the object of which is to show that the case is one ■ necessitating action by tbe town giving it. Randolph v. Roxbury, 70 Vt. 175, 40 Atl. 49. Unless the notice contains enough to show this, it is legally insufficient.

Tested by this rule, the notice before ns fails. It omits one of the essential conditions: It does not show that James Leno was a poor person.

Judgment affirmed.  