Edinburgh Parish Council v. Local Government Board for Scotland [1914] ScotLR 192 (10 January 1914)

Edinburgh Parish Council v. Local Government Board for Scotland [1914] ScotLR 192 (10 January 1914)

The appeal to the Local Government Board was competent because section 5 of the Poor Law (Scotland) Act 1898 uses 'reside' in its ordinary sense, not requiring intelligence, and thus applies to both sane and insane paupers. The Board acted within its powers in entertaining and sustaining the appeal against the removal of the pauper lunatic.

Citation
[1914] ScotLR 192
Parties
Pursuer: Parish Council of the City Parish of Edinburgh; Defender: Local Government Board for Scotland
Jurisdiction
Scotland
Judgment Date
10 January 1914
Procedural Posture
Civil / Appeal (reclaiming Motion) From Lord Ordinary to Inner House
Outcome
Appeal allowed; interlocutor of Lord Ordinary recalled; defenders assoilzied (absolved).
Legal Topics
Poor Law, Removal of Paupers, Competency of Appeal, Interpretation of 'residence', Lunatic Paupers
Administrative Law Social Welfare Law Poor Law Removal of Paupers Competency of Appeal Interpretation of 'residence' Lunatic Paupers

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 11 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Parish Council of the City Parish of Edinburgh

Pursuer

Local Government Board for Scotland

Defender

Procedural Posture

Civil / Appeal (reclaiming Motion) From Lord Ordinary to Inner House

Legal Issues

  1. 1 Whether an appeal to the Local Government Board against a warrant for the removal of a pauper lunatic from Scotland to England is competent under section 5 of the Poor Law (Scotland) Act 1898.
  2. 2 Whether the word 'resided' in section 5 is to be interpreted in its ordinary sense or as requiring residence with intelligence.

Ratio Decidendi

The appeal to the Local Government Board was competent because section 5 of the Poor Law (Scotland) Act 1898 uses 'reside' in its ordinary sense, not requiring intelligence, and thus applies to both sane and insane paupers. The Board acted within its powers in entertaining and sustaining the appeal against the removal of the pauper lunatic.

Court Disposition

Appeal allowed; interlocutor of Lord Ordinary recalled; defenders assoilzied (absolved).

Orders

  • Recall of the Lord Ordinary's interlocutor granting decree for the pursuers.
  • Absolvitor (dismissal) in favour of the Local Government Board for Scotland.