
    THE TOWN OF WEARE vs. THE TOWN OF NEW-BOSTON.
    To g,a'm a settlement, in a town under the 8th section of the statute of 1st Jan. ITJt) a person must he taxed ior his poll for the term of seven years, residence atone not being stiihesent.
    This was an action of assumpsit for the support of certain paupers, alleged to have their legal settlement in New-Boston.
    
    The cause was submitted to the decision of the court upon the following facts.
    Toe paupers are the wife and children of Ebenezer Wilson, who formerly resided, and had his settlement, in New- Boston. In the year 1809, Wilson removed, with his family, to Weare; where he and his family have ever since resided. In the year 1811 he was taxed in Weare for his poll and some estate, and for his poll in the year 1821 ; both which taxes he paid. He possessed very little property, at any time after his removal from New-Boston to Weare, and was never taxed in Weare for his poll or his property, except as above stated.
    It was agreed by the parties, that, if the court should he of opinion, that said Wilson gained a settlement in Weare, judgment should be rendered for the defendant, otherwise for the plaintiff.
    
      Rogers, for the plaintiff.
    
      E. Parker, for the defendant.
   By the court.

If Ebenezer Wilson has gained a settlement in Weare, it must be under the 8th section of the statute of 1st January, 1796, entitled, “ An act to ascertain the ways “and means, by which persons may gain a settlement in any “ town or district within this state, so as to entitle them to “ support therein, if they shall be poor and unable to support “themselves.” That section provides, that “any person “ of the age of twenty-one years, who shall hereafter reside “ in any town or district within this state, and being taxed “ for his poll for the term of seven years, shall pay all taxes “ legally assessed oil his poll and estate du ¡ng the said term, “ shall be an inhabitant in said town or district.”—1 N. H. Laws 363.

To gain a settlement under this section of the statute, residence alone is not sufficient. The resident must be taxed for bis poll for the term of seven years. This is the plain letter °f the statute ; and that such was the intention of the legis-latnre can hardly be doubted. As Wilson was taxed two years only in Weave, it is clear, that he gained no settlement in that town. Therefore, according to the agreement of the parties, there must be

Judgment for the plaintiffs  