
    
      The Overseers of the Poor of the town of Chatham against the Overseers of the Poor of the town of Middlefield.
    mg from state, gain £ mem. Paupers com-directly another do not settle-merely by a year’s residence. The second section of the act relative to the poor, (sess. 24. c. 184.) applies onl^, to mariners and other Íjersons coming rom some port or place out of the United States, directly into this state.
    ON certiorari to the Court of General Sessions of the Peace of Otsego county. By the return, it appeared, that Mary Reynolds, alias Mary Olds, was born and settled in the town of Great Barrington, in the state of Massachusetts; and, in 1812, being of the age of twenty-two years, and in good health, she came directly to the town of Chatham, where she resided thirteen months, and continued in good health. She then went to reside in Middlefield, where she had several bastard children, and continued to reside there, until December 22d, 1818, when she was removed, with her children, by the order of two Justices of the Peace, to Chat-ham, as the place of her legal settlement. On appeal to the Court of Sessions, the order of the Justices was affirmed.
    The case on the return was submitted to the Court, without argument.
    The question was, whether the pauper, by her former residence, during thirteen months, in Chatham, gained a legal settlement there ?
    The “ act for the relief and settlement of the poor,” passed the 8th of April, 1801, (1 K. & R. 566.) sess. 24. c. 184. s. 2. after defining what should give a settlement to persons in general, declared, ‘f that all mariners coming into this state, and having no settlement in this state, or in any of the United States of America, and every other healthy able bodied person coming directly from some foreign port or place into this state, shall be deemed and adjudged to be legally settled in the city or town in which he or she shall have first resided for the space of one year.”
    
    
      
       There is a proviso in the second section of the revised act of the 8th of April, 1813, (1 N. R. L. 279.) relative to persons coming into the city of New-York, from any other state.
    
   Per Curiam.

We are clearly of opinion, that 16 coming directly from some foreign port or place” means coming from some port or place out of the United States, without passing through either of the sister states, into this state.

The word “ directly,” has otherwise no meaning. For it i§ impossible that a person could come into this state without coming “ directly” from a foreign port or place, if the sister states are to be included in the words “ foreign port or place.” Those words are here used in their popular sense. The legislature had in view imported paupers, or poor emigrants from Europe, and meant to discriminate between such as came directly to this state, and such as might first arrive in another state, and, afterwards, find their way here. It could not have been intended to adopt paupers coming from the other states, and allow them a settlement here, merely on a year’s residence. There was no motive or reason for such a law. On the contrary, we find, that by the act of the 8th of April, 1808, (ch. 192.) and the act of the 5th of April, 1817, (ch. 177.) new and increased impediments are created against allowing a settlement to persons coming from the other states.

The order of the justices ought to have been for the removal of the paupers to Great Barrington ; and the order ©f the sessions must, therefore, be quashed.

Order quashed.  