Parish Council of Falkirk v. Parish Councils of Stirling and Govan [1900] ScotLR 37_759 (12 June 1900)

Parish Council of Falkirk v. Parish Councils of Stirling and Govan [1900] ScotLR 37_759 (12 June 1900)

The three-year residential rule under the Poor Law (Scotland) Act 1898 applies to Mrs Paterson's claim because she was not 'chargeable' to any parish at the commencement of the Act, as chargeability requires actual admission to the poor roll. Therefore, her husband's three-year residence in Govan sufficed to confer a derivative settlement on her in Govan, making Govan liable for her relief.

Citation
[1900] ScotLR 37_759
Parties
Pursuer: Parish Council of Falkirk; Defender: Parish Council of Stirling; Defender: Parish Council of Govan
Jurisdiction
Scotland
Judgment Date
12 June 1900
Procedural Posture
Civil / Appeal From Sheriff Court to Court of Session, Inner House, First Division
Outcome
appeal refused; interlocutor of the Sheriff affirmed
Legal Topics
Poor Law, Parochial Relief, Settlement and Removal, Statutory Interpretation, Derivative Settlement
Public Law Social Welfare Law Poor Law Parochial Relief Settlement and Removal Statutory Interpretation Derivative Settlement

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 14 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Parish Council of Falkirk

Pursuer

Parish Council of Stirling

Defender

Parish Council of Govan

Defender

Procedural Posture

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

Legal Issues

  1. 1 Whether Mrs Paterson's settlement for poor relief purposes was in Govan or Stirling after her husband's death and the coming into force of the Poor Law (Scotland) Act 1898.
  2. 2 Whether the three-year residential rule under the 1898 Act applied retrospectively to Mrs Paterson's claim.
  3. 3 Whether Mrs Paterson was 'chargeable' to any parish at the commencement of the 1898 Act within the meaning of the statutory proviso.

Ratio Decidendi

The three-year residential rule under the Poor Law (Scotland) Act 1898 applies to Mrs Paterson's claim because she was not 'chargeable' to any parish at the commencement of the Act, as chargeability requires actual admission to the poor roll. Therefore, her husband's three-year residence in Govan sufficed to confer a derivative settlement on her in Govan, making Govan liable for her relief.

Court Disposition

appeal refused; interlocutor of the Sheriff affirmed

Orders

  • Parish Council of Govan held liable to relieve Parish Council of Falkirk for advances made to Mrs Paterson.
  • Parish Council of Govan liable in expenses of the appeal to Parish Council of Stirling.