Parish Council of City Parish of Edinburgh v. Parish Council of Gladsmuir [1901] ScotLR 38_505 (20 March 1901)

Parish Council of City Parish of Edinburgh v. Parish Council of Gladsmuir [1901] ScotLR 38_505 (20 March 1901)

Where a parish is extinguished and its area divided between new parishes by statutory order, continuous residence in the same location before and after the transfer may be aggregated for the purpose of acquiring a residential settlement in the new parish. Therefore, the person in question acquired a residential settlement in the City Parish of Edinburgh, and the birth parish (Gladsmuir) is not liable for relief.

Citation
[1901] ScotLR 38_505
Parties
Pursuer: Parish Council of City Parish of Edinburgh; Defender: Parish Council of Gladsmuir
Jurisdiction
Scotland
Judgment Date
20 March 1901
Procedural Posture
Civil / Appeal (reclaiming Motion) From Lord Ordinary
Outcome
appeal dismissed; judgment for defenders (respondents)
Legal Topics
Parochial Settlement, Residential Settlement, Effect of Parish Reorganisation, Liability for Poor Relief
Local Government Law Poor Law Parochial Settlement Residential Settlement Effect of Parish Reorganisation Liability for Poor Relief

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Parties

Parish Council of City Parish of Edinburgh

Pursuer

Parish Council of Gladsmuir

Defender

Procedural Posture

Civil / Appeal (reclaiming Motion) From Lord Ordinary

Legal Issues

  1. 1 Whether a person acquires a residential settlement in a new parish when the area of residence is transferred from one parish to another by statutory order before the statutory period of residence is completed.
  2. 2 Whether periods of residence in the same location, but under different parishes due to statutory reorganisation, can be aggregated for the purpose of acquiring settlement under the Poor Law.

Ratio Decidendi

Where a parish is extinguished and its area divided between new parishes by statutory order, continuous residence in the same location before and after the transfer may be aggregated for the purpose of acquiring a residential settlement in the new parish. Therefore, the person in question acquired a residential settlement in the City Parish of Edinburgh, and the birth parish (Gladsmuir) is not liable for relief.

Court Disposition

appeal dismissed; judgment for defenders (respondents)

Orders

  • Sustains the second plea-in-law for the defenders.
  • Assoilzies (absolves) the defenders from the conclusions of the summons.