Glasgow Parish Council v. Cromdale Parish Council and Dundee Combination Parish Council [1924] ScotLR 667 (03 July 1924)

Glasgow Parish Council v. Cromdale Parish Council and Dundee Combination Parish Council [1924] ScotLR 667 (03 July 1924)

The father did not acquire a residential settlement in Dundee because actual residence did not commence until after the statutory date; constructive residence cannot be invoked where the home was not yet established. The pauper, upon attaining puberty, derived a residential settlement from his widowed mother in Glasgow, following the rule in Crieff v. Fowlis Wester.

Citation
[1924] ScotLR 667
Parties
Pursuer: Glasgow Parish Council; Defender: Cromdale Parish Council; Defender: Dundee Combination Parish Council
Jurisdiction
Scotland
Judgment Date
03 July 1924
Procedural Posture
Civil / Appeal (reclaiming Motion) From Lord Ordinary
Outcome
Appeal dismissed; judgment for defenders.
Legal Topics
Parochial Settlement, Derivative Settlement, Constructive Residence, Residential Settlement, Poor Law (scotland) Act 1898
Poor Law Administrative Law Parochial Settlement Derivative Settlement Constructive Residence Residential Settlement Poor Law (scotland) Act 1898

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Parties

Glasgow Parish Council

Pursuer

Cromdale Parish Council

Defender

Dundee Combination Parish Council

Defender

Procedural Posture

Civil / Appeal (reclaiming Motion) From Lord Ordinary

Legal Issues

  1. 1 Whether the pauper's father acquired a residential settlement in Dundee by constructive residence.
  2. 2 Whether the pauper derived a settlement from his mother after the father's death.
  3. 3 Whether the doctrine of constructive residence applies to the computation of the statutory period for residential settlement.

Ratio Decidendi

The father did not acquire a residential settlement in Dundee because actual residence did not commence until after the statutory date; constructive residence cannot be invoked where the home was not yet established. The pauper, upon attaining puberty, derived a residential settlement from his widowed mother in Glasgow, following the rule in Crieff v. Fowlis Wester.

Court Disposition

Appeal dismissed; judgment for defenders.

Orders

  • Court adhered to Lord Ordinary's decision assoilzieing (absolving) both defenders; liability for parochial relief does not attach to Cromdale or Dundee.