Parish Council of Cavers v. Parish Councils of Smail-Holm and Urr [1908] ScotLR 170 (26 November 1908)

Residence from 29 May 1900 to 28 May 1903 does not constitute three years under the Poor Law (Scotland) Act 1898, sec. 1, as the period must extend to the same calendar day three years later; thus, settlement was not acquired in Smailholm.

Citation: [1908] ScotLR 170
Parties: Pursuer/appellant: Parish Council of Cavers; Defender/respondent: Parish Council of Smailholm; Defender/respondent: Parish Council of Urr
Jurisdiction: Scotland
Judgment Date: 26 November 1908
Procedural Posture: Civil Appeal / Appeal From Sheriff Court to Court of Session Inner House
Outcome: appeal refused; judgment of Sheriff adhered to
Legal Topics: Poor Law, Settlement, Computation of Time

Public Law Social Welfare Law Poor Law Settlement Computation of Time

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Parties

Parish Council of Cavers

Pursuer/appellant

Parish Council of Smailholm

Defender/respondent

Parish Council of Urr

Defender/respondent

Procedural Posture

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

Legal Issues

1 Whether residence from 29 May 1900 to 28 May 1903 constitutes 'three years' continuous residence under the Poor Law (Scotland) Act 1898, sec. 1, for settlement purposes.

Ratio Decidendi

Court Disposition

appeal refused; judgment of Sheriff adhered to

Orders

Parish Council of Urr to repay Parish Council of Cavers £16, 18s. 10d. with interest as concluded for.
Parish Council of Urr liable to Parish Council of Smailholm for expenses of the appeal.