Old Machar Parish Council v. Aberdeen City Parish Council [1911] ScotLR 20 (27 October 1911)

Old Machar Parish Council v. Aberdeen City Parish Council [1911] ScotLR 20 (27 October 1911)

Upon the discovery of William Taylor as an able-bodied man with a new residential settlement in Aberdeen, the liability for the maintenance of his children transferred from Old Machar Parish Council to Aberdeen City Parish Council as of the date of intimation. The change of circumstances (discovery and new settlement) allowed the derivative settlement to shift, and the pursuers were freed from further liability.

Citation
[1911] ScotLR 20
Parties
Pursuer/appellant: Old Machar Parish Council; Defender/respondent: Aberdeen City Parish Council
Jurisdiction
Scotland
Judgment Date
27 October 1911
Procedural Posture
Civil Appeal / Appeal From Sheriff Court to Court of Session, Inner House, First Division
Outcome
appeal allowed
Legal Topics
Parochial Relief, Settlement and Removal, Maintenance of Deserted Children, Able Bodied Test, Derivative Settlement, Change of Settlement During Chargeability
Poor Law Local Government Law Family Law Parochial Relief Settlement and Removal Maintenance of Deserted Children Able Bodied Test Derivative Settlement +1 more

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Parties

Old Machar Parish Council

Pursuer/appellant

Aberdeen City Parish Council

Defender/respondent

Procedural Posture

Civil Appeal / Appeal From Sheriff Court to Court of Session, Inner House, First Division

Legal Issues

  1. 1 Whether the pursuers (Old Machar Parish Council) remained liable for the maintenance of four children after their father, William Taylor, was discovered to have acquired a new settlement in Aberdeen and was found to be able-bodied.
  2. 2 Whether a derivative settlement can be altered during chargeability when a change of circumstances occurs, specifically the discovery of an able-bodied father with a new settlement.
  3. 3 Whether Taylor was 'able-bodied' within the meaning of the poor law, and the legal consequences thereof for the liability of the parishes.

Ratio Decidendi

Upon the discovery of William Taylor as an able-bodied man with a new residential settlement in Aberdeen, the liability for the maintenance of his children transferred from Old Machar Parish Council to Aberdeen City Parish Council as of the date of intimation. The change of circumstances (discovery and new settlement) allowed the derivative settlement to shift, and the pursuers were freed from further liability.

Court Disposition

appeal allowed

Orders

  • Interlocutor of the Sheriff-Substitute recalled.
  • Pursuers (Old Machar Parish Council) found not liable for maintenance of the children as from 14th July 1909.