Kirkintilloch Parish Council v. Eastwood Parish Council [1902] ScotLR 40_179 (05 December 1902)

Kirkintilloch Parish Council v. Eastwood Parish Council [1902] ScotLR 40_179 (05 December 1902)

A pauper who is not an idiot or lunatic, though physically and mentally weak, is capable of acquiring a residential settlement by residence in a parish, even if entirely maintained by a charitable institution, provided he has not resorted to common begging or received or applied for parochial relief. The statutory requirement of 'maintaining himself' is satisfied if maintenance is provided by charity and not by the parish or through begging.

Citation
[1902] ScotLR 40_179
Parties
Pursuer: Kirkintilloch Parish Council; Defender: Eastwood Parish Council
Jurisdiction
Scotland
Judgment Date
05 December 1902
Procedural Posture
Civil / Appeal (reclaiming Motion) From Lord Ordinary's Decision
Outcome
appeal dismissed; interlocutor of Lord Ordinary adhered to; defenders assoilzied (absolved) from conclusions of the summons
Legal Topics
Poor Law, Parochial Settlement, Capacity to Acquire Settlement, Residential Settlement, Maintenance by Charity
Public Law Social Welfare Law Poor Law Parochial Settlement Capacity to Acquire Settlement Residential Settlement Maintenance by Charity

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Parties

Kirkintilloch Parish Council

Pursuer

Eastwood Parish Council

Defender

Procedural Posture

Civil / Appeal (reclaiming Motion) From Lord Ordinary's Decision

Legal Issues

  1. 1 Whether a pauper, not an idiot or lunatic but physically and mentally weak, can acquire a residential settlement by residence in a parish while being maintained entirely by charity.
  2. 2 Whether maintenance by a charitable institution, without recourse to common begging or parochial relief, satisfies the statutory requirement of 'maintaining himself' under the Poor Law (Scotland) Act 1898, sec. 1.

Ratio Decidendi

A pauper who is not an idiot or lunatic, though physically and mentally weak, is capable of acquiring a residential settlement by residence in a parish, even if entirely maintained by a charitable institution, provided he has not resorted to common begging or received or applied for parochial relief. The statutory requirement of 'maintaining himself' is satisfied if maintenance is provided by charity and not by the parish or through begging.

Court Disposition

appeal dismissed; interlocutor of Lord Ordinary adhered to; defenders assoilzied (absolved) from conclusions of the summons

Orders

  • Defenders absolved from liability for the pauper's maintenance.
  • No decree for payment of sums advanced by pursuers.