Parish of Rutherglen v. Parish of Glasgow [1901] ScotLR 38_528 (19 March 1901)

Parish of Rutherglen v. Parish of Glasgow [1901] ScotLR 38_528 (19 March 1901)

A deserted wife who resides independently in a parish for the statutory period, without being called upon to support her children maintained elsewhere as paupers and without receiving parochial relief herself, is capable of acquiring a residential settlement in her own right. Relief given to her children does not constitute relief to her unless she is called upon to support them.

Citation
[1901] ScotLR 38_528
Parties
Pursuer: Parish of Rutherglen; Defender: Parish of Glasgow
Jurisdiction
Scotland
Judgment Date
19 March 1901
Procedural Posture
Civil Appeal (parochial Relief Liability) / Appeal From Sheriff Court to Court of Session, Inner House, Second Division
Outcome
Appeal dismissed. Defenders assoilzied (absolved) from liability.
Legal Topics
Poor Law, Parochial Settlement, Residential Settlement, Derivative Settlement, Pauperism, Deserted Wife, Maintenance of Children
Public Law Social Welfare Law Poor Law Parochial Settlement Residential Settlement Derivative Settlement Pauperism Deserted Wife +1 more

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Parties

Parish of Rutherglen

Pursuer

Parish of Glasgow

Defender

Procedural Posture

Civil Appeal (parochial Relief Liability) / Appeal From Sheriff Court to Court of Session, Inner House, Second Division

Legal Issues

  1. 1 Whether a deserted wife can acquire a residential settlement for herself when her children are maintained as paupers by her husband's parish without her being called upon to support them.
  2. 2 Whether parochial relief given to the children constitutes relief to the mother, thereby preventing her from acquiring a settlement.

Ratio Decidendi

A deserted wife who resides independently in a parish for the statutory period, without being called upon to support her children maintained elsewhere as paupers and without receiving parochial relief herself, is capable of acquiring a residential settlement in her own right. Relief given to her children does not constitute relief to her unless she is called upon to support them.

Court Disposition

Appeal dismissed. Defenders assoilzied (absolved) from liability.

Orders

  • The Parish of Rutherglen is liable for the support of Mrs Faulds.
  • The Parish of Glasgow is not liable to relieve the Parish of Rutherglen for advances made to Mrs Faulds.