
    The Inhabitants of Plymouth versus The Inhabitants of Freetown.
    By St. 1793, c. 34, legitimate children under age, having the settlement of theii mother, acquire the new settlement which she gains by another marriage.
    This cause was submitted to the Court without argument upon a case stated by the parties.
    The plaintiffs brought assumpsit for expenses incurred by them in the support of two paupers, the lawful children of Asa and Lucinda Tinlcham. The parents were married in the year 1810. The father never had a settlement in this Commonwealth. He died about eight years ago, and, after his decease, the mother married Benjamin Westgate, who then had, and still has, a settlement in Freetown. The mother, at the time of her marriage with Tinlcham, had a settlement in Rochester ; which continued until she gained a settlement in I reetown by her marriage with Westgate.
    
      JV*. M. Davis, for the plaintiffs.
    
      H. Cushman, for the defendants.
   Per Curiam.

By the statute of 1793, c. 34, it is provided, that “ legitimate children shall follow and have the settlement of their father, if he shall have any within this Commonwealth, until they gain a settlement of their own ; but if he shall have none, they shall, in like manner, follow and have the settlement of their mother, if she shall have any.” It was the intention of the legislature, that the settlement of children having the settlement of the mother should change with that of the mother, in the same way that it would with that of the father, if he had one within the Commonwealth. Before this statute the law was different. Taunton v. Freetown, 16 Mass. Rep. 52. According to the agreement of the parties, the defendants must be defaulted. 
      
      
        Parsonsfield v. Kennebunkport, 4 Greenl. 51. See Scituate v. Hanover, 7 Pick. 140
     