Parish Council of Dunblane and Lecropt v. Parish Council of Logie [1901] ScotLR 38_502 (20 March 1901)

Parish Council of Dunblane and Lecropt v. Parish Council of Logie [1901] ScotLR 38_502 (20 March 1901)

Where a pauper resides in an area transferred from one parish to another and becomes chargeable before completing five years' residence in the new parish, he loses his residential settlement in the former parish and does not acquire one in the new parish; liability for relief reverts to the parish of birth.

Citation
[1901] ScotLR 38_502
Parties
Pursuer: Parish Council of Dunblane and Lecropt; Defender: Parish Council of Logie
Jurisdiction
Scotland
Judgment Date
20 March 1901
Procedural Posture
Civil / Appeal (reclaiming Motion) From Interlocutor of Lord Ordinary
Outcome
appeal dismissed; interlocutor adhered to; defenders assoilzied (absolved) from conclusions of the summons
Legal Topics
Parochial Liability, Residential Settlement, Boundary Alteration, Pauper Relief
Local Government Law Poor Law Parochial Liability Residential Settlement Boundary Alteration Pauper Relief

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Parties

Parish Council of Dunblane and Lecropt

Pursuer

Parish Council of Logie

Defender

Procedural Posture

Civil / Appeal (reclaiming Motion) From Interlocutor of Lord Ordinary

Legal Issues

  1. 1 Whether residential settlement for poor relief is retained after transfer of part of a parish to another parish under the Local Government (Scotland) Act 1889.
  2. 2 Whether liability for pauper relief attaches to the parish of birth or the parish of transferred residence when statutory residence period is incomplete at date of chargeability.

Ratio Decidendi

Where a pauper resides in an area transferred from one parish to another and becomes chargeable before completing five years' residence in the new parish, he loses his residential settlement in the former parish and does not acquire one in the new parish; liability for relief reverts to the parish of birth.

Court Disposition

appeal dismissed; interlocutor adhered to; defenders assoilzied (absolved) from conclusions of the summons

Orders

  • No liability on the Parish Council of Logie for the relief of Mrs Carmichael and her children; claim for £30, 7s. 6d. dismissed.