Maybole Parish Council v. Kirkoswald Parish Council [1917] ScotLR 383 (09 March 1917)

Maybole Parish Council v. Kirkoswald Parish Council [1917] ScotLR 383 (09 March 1917)

A labourer who maintains a home for his wife and child in one parish, regularly visits, and supports them, is constructively resident in that parish for settlement purposes, even if his work requires him to live elsewhere during the week.

Citation
[1917] ScotLR 383
Parties
Pursuer: Maybole Parish Council; Defender: Kirkoswald Parish Council
Jurisdiction
Scotland
Judgment Date
09 March 1917
Procedural Posture
Civil / Appeal From Sheriff Court to Court of Session Inner House Second Division
Outcome
appeal allowed; action dismissed
Legal Topics
Parochial Settlement, Constructive Residence, Poor Relief, Maintenance Liability
Social Welfare Law Local Government Law Parochial Settlement Constructive Residence Poor Relief Maintenance Liability

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Parties

Maybole Parish Council

Pursuer

Kirkoswald Parish Council

Defender

Procedural Posture

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

Legal Issues

  1. 1 Whether a farm labourer was constructively resident in the parish where his wife and child lived for the purpose of parochial settlement and liability for poor relief.

Ratio Decidendi

A labourer who maintains a home for his wife and child in one parish, regularly visits, and supports them, is constructively resident in that parish for settlement purposes, even if his work requires him to live elsewhere during the week.

Court Disposition

appeal allowed; action dismissed

Orders

  • The interlocutor of the Sheriff-Substitute is recalled.
  • The defenders are assoilzied (absolved) from the conclusions of the action.