M'Innes v. Rigg and Bell [1908] ScotLR 764 (12 June 1908)

M'Innes v. Rigg and Bell [1908] ScotLR 764 (12 June 1908)

Section 75 of the Lunatics (Scotland) Act 1857 applies to preserve the residential settlement of a pauper lunatic in the parish of settlement at the time of admission to a district asylum, regardless of subsequent maintenance as a private patient, so long as the lunatic remains detained under the original order. Therefore, the parish of Kelton remains liable for Janet Cannon's maintenance.

Citation
[1908] ScotLR 764
Parties
Pursuer: Miles M'Innes, Inspector of Poor of the Parish of Dumfries (representing the Parish Council of Dumfries); Defender and Appellant: Samuel Rigg, Inspector of Poor of the Parish of Kelton (representing the Parish Council of Kelton); Defender and Respondent: James Bell, Inspector of Poor of the Parish of Parton (representing the Parish Council of Parton)
Jurisdiction
Scotland
Judgment Date
12 June 1908
Procedural Posture
Civil Appeal / Inner House, First Division, Court of Session (appeal From Sheriff Court)
Outcome
Appeal dismissed; interlocutor of the Sheriff affirmed.
Legal Topics
Poor Law, Parochial Settlement, Lunacy Law, Statutory Interpretation
Public Law Social Welfare Law Poor Law Parochial Settlement Lunacy Law Statutory Interpretation

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Parties

Miles M'Innes, Inspector of Poor of the Parish of Dumfries (representing the Parish Council of Dumfries)

Pursuer

Samuel Rigg, Inspector of Poor of the Parish of Kelton (representing the Parish Council of Kelton)

Defender and Appellant

James Bell, Inspector of Poor of the Parish of Parton (representing the Parish Council of Parton)

Defender and Respondent

Procedural Posture

Civil Appeal / Inner House, First Division, Court of Session (appeal From Sheriff Court)

Legal Issues

  1. 1 Whether a pauper lunatic loses her residential settlement in a parish when maintained as a private patient in an asylum and later reverts to pauper status.
  2. 2 Interpretation of section 75 of the Lunatics (Scotland) Act 1857 regarding chargeability for maintenance of pauper lunatics.

Ratio Decidendi

Section 75 of the Lunatics (Scotland) Act 1857 applies to preserve the residential settlement of a pauper lunatic in the parish of settlement at the time of admission to a district asylum, regardless of subsequent maintenance as a private patient, so long as the lunatic remains detained under the original order. Therefore, the parish of Kelton remains liable for Janet Cannon's maintenance.

Court Disposition

Appeal dismissed; interlocutor of the Sheriff affirmed.

Orders

  • Parish of Kelton remains liable for Janet Cannon's maintenance as a pauper lunatic.
  • Parish of Parton is not liable.