Paisley Parish Council v. Row and Glasgow Parish Councils [1908] ScotLR 556 (11 March 1908)

Paisley Parish Council v. Row and Glasgow Parish Councils [1908] ScotLR 556 (11 March 1908)

The parish of the husband's residential settlement at the date the wife became chargeable remains liable for her relief, and liability does not shift merely due to the husband's absence and loss of residential settlement unless positive proof is provided of a new settlement or death. Continuous chargeability prevents change of settlement during relief.

Citation
[1908] ScotLR 556
Parties
Pursuer: Paisley Parish Council; Defender/appellant: Row Parish Council; Defender/respondent: Glasgow Parish Council
Jurisdiction
Scotland
Judgment Date
11 March 1908
Procedural Posture
Civil Appeal / Appeal Before Inner House, Court of Session
Outcome
appeal dismissed, interlocutor affirmed
Legal Topics
Parochial Relief, Residential Settlement, Derivative Settlement, Deserted Wife Liability
Poor Law Local Government Parochial Relief Residential Settlement Derivative Settlement Deserted Wife Liability

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Parties

Paisley Parish Council

Pursuer

Row Parish Council

Defender/appellant

Glasgow Parish Council

Defender/respondent

Procedural Posture

Civil Appeal / Appeal Before Inner House, Court of Session

Legal Issues

  1. 1 Which parish is liable for the relief of a deserted wife when the husband's residential settlement is lost through absence?
  2. 2 Does the wife's derivative settlement lapse when the husband's residential settlement lapses?
  3. 3 Does liability shift to the parish of the husband's birth after three years of absence?

Ratio Decidendi

The parish of the husband's residential settlement at the date the wife became chargeable remains liable for her relief, and liability does not shift merely due to the husband's absence and loss of residential settlement unless positive proof is provided of a new settlement or death. Continuous chargeability prevents change of settlement during relief.

Court Disposition

appeal dismissed, interlocutor affirmed

Orders

  • Row Parish Council remains liable for relief of Mrs Elizabeth Logan or Wright
  • Decree for £11, 2s. against Row Parish Council, subject to restriction