Govan Parish Council v. Glassary Parish Council [1907] ScotLR 55 (02 November 1907)

The Education (Scotland) Act 1901 does not affect the capacity of a female orphan to acquire a residential settlement under poor law; such capacity arises at age twelve (puberty), and residence from that age counts towards settlement acquisition.

Citation: [1907] ScotLR 55
Parties: First Parties: Parish Council of the Parish of Govan; Second Parties: Parish Council of the Parish of Glassary
Jurisdiction: Scotland
Judgment Date: 02 November 1907
Procedural Posture: Special Case / Judgment
Outcome: Questions answered in the affirmative; Govan Parish liable for maintenance.
Legal Topics: Residential Settlement, Capacity to Acquire Settlement, Forisfamiliation, Education (scotland) Act 1901

Poor Law Education Law Residential Settlement Capacity to Acquire Settlement Forisfamiliation Education (scotland) Act 1901

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Parties

Parish Council of the Parish of Govan

First Parties

Parish Council of the Parish of Glassary

Second Parties

Procedural Posture

Special Case / Judgment

Legal Issues

1 At what age does a female orphan become capable of acquiring an independent residential settlement under Scottish Poor Law?
2 Does the Education (Scotland) Act 1901 affect the capacity to acquire residential settlement for pauper children?

Ratio Decidendi

Court Disposition

Questions answered in the affirmative; Govan Parish liable for maintenance.

Orders

First branch of each question answered in the affirmative.
Parish Council of Govan liable for maintenance of Joanna Margaret Robertson Mackenzie.