Parish Council of Greenock v. Parish Council of Govan Combination [1905] ScotLR 42_682 (29 June 1905)

Parish Council of Greenock v. Parish Council of Govan Combination [1905] ScotLR 42_682 (29 June 1905)

A mother's derivative settlement acquired through marriage does not enure to her illegitimate child after puberty; the pauper's settlement is in the parish of birth. Maintenance in a blind asylum under the Education of Blind and Deaf Mute Children (Scotland) Act 1890 does not pauperise the child.

Citation
[1905] ScotLR 42_682
Parties
Pursuer: Parish Council of Greenock; Defender: Parish Council of Govan Combination
Jurisdiction
Scotland
Judgment Date
29 June 1905
Procedural Posture
Appeal / Final Judgment
Outcome
appeal dismissed
Legal Topics
Settlement of Paupers, Derivative Settlement, Illegitimate Children, Blind and Deaf Mute Children (scotland) Act 1890, Parochial Relief
Poor Law Education Law Family Law Settlement of Paupers Derivative Settlement Illegitimate Children Blind and Deaf Mute Children (scotland) Act 1890 Parochial Relief

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Parties

Parish Council of Greenock

Pursuer

Parish Council of Govan Combination

Defender

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Does a mother's derivative settlement acquired through marriage enure to her illegitimate child after puberty?
  2. 2 Does maintenance in a blind asylum under the Education of Blind and Deaf Mute Children (Scotland) Act 1890 pauperise the child?

Ratio Decidendi

A mother's derivative settlement acquired through marriage does not enure to her illegitimate child after puberty; the pauper's settlement is in the parish of birth. Maintenance in a blind asylum under the Education of Blind and Deaf Mute Children (Scotland) Act 1890 does not pauperise the child.

Court Disposition

appeal dismissed

Orders

  • Interlocutor of the Sheriff affirmed
  • Govan is liable for the pauper's maintenance