Parish Council of the Parish of Keith v. Parish Council of The Parish of Kirkmichael [1901] ScotLR 39_100 (08 November 1901)

Parish Council of the Parish of Keith v. Parish Council of The Parish of Kirkmichael [1901] ScotLR 39_100 (08 November 1901)

The Court held that Elsie Gordon Grant lost her derivative residential settlement in the parish of Keith by non-residence for more than five years after her father's death, notwithstanding her status as a lunatic, under the Poor Law (Scotland) Act 1898, sec. 1. Her settlement reverted to her parish of birth, Kirkmichael, which became liable for her maintenance.

Citation
[1901] ScotLR 39_100
Parties
First Party: Parish Council of the Parish of Keith; Second Party: Parish Council of the Parish of Kirkmichael
Jurisdiction
Scotland
Judgment Date
08 November 1901
Procedural Posture
Special Case (poor Law Settlement Dispute) / Judgment of the Inner House, First Division
Outcome
The Court answered the first question (liability of Keith) in the negative and the second question (liability of Kirkmichael) in the affirmative.
Legal Topics
Poor Law, Settlement and Removal, Derivative Residential Settlement, Lunacy and Settlement, Non Residence and Loss of Settlement
Public Law Social Welfare Law Poor Law Settlement and Removal Derivative Residential Settlement Lunacy and Settlement Non Residence and Loss of Settlement

Case Brief

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Parties

Parish Council of the Parish of Keith

First Party

Parish Council of the Parish of Kirkmichael

Second Party

Procedural Posture

Special Case (poor Law Settlement Dispute) / Judgment of the Inner House, First Division

Legal Issues

  1. 1 Whether Elsie Gordon Grant retained her derivative residential settlement in the parish of Keith after her father's death despite non-residence due to lunacy
  2. 2 Which parish is liable for her maintenance as a pauper after 1 April 1900

Ratio Decidendi

The Court held that Elsie Gordon Grant lost her derivative residential settlement in the parish of Keith by non-residence for more than five years after her father's death, notwithstanding her status as a lunatic, under the Poor Law (Scotland) Act 1898, sec. 1. Her settlement reverted to her parish of birth, Kirkmichael, which became liable for her maintenance.

Court Disposition

The Court answered the first question (liability of Keith) in the negative and the second question (liability of Kirkmichael) in the affirmative.

Orders

  • Parish of Kirkmichael is liable for the maintenance of Elsie Gordon Grant as a pauper from 1 April 1900.