Inverkip Parish Council v. Nairn Parish Council [1909] ScotLR 54 (26 October 1909)

Inverkip Parish Council v. Nairn Parish Council [1909] ScotLR 54 (26 October 1909)

Where the evidence establishes that a pauper's mental condition at the time of attaining puberty was the same as when later certified insane, and that condition amounted to unsoundness of mind, the pauper is deemed incapable of acquiring a settlement in her own right at puberty. Later medical certification is admissible as evidence of the earlier mental state if no material change is shown.

Citation
[1909] ScotLR 54
Parties
Pursuer: Inverkip Parish Council; Defender: Nairn Parish Council
Jurisdiction
Scotland
Judgment Date
26 October 1909
Procedural Posture
Civil / Appeal (reclaiming Motion) From Lord Ordinary's Interlocutor
Outcome
appeal dismissed; interlocutor of Lord Ordinary adhered to
Legal Topics
Poor Law, Settlement and Removal, Lunacy and Mental Capacity, Burden of Proof, Evidence (medical Certificates)
Public Law Social Welfare Law Poor Law Settlement and Removal Lunacy and Mental Capacity Burden of Proof Evidence (medical Certificates)

Case Brief

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Parties

Inverkip Parish Council

Pursuer

Nairn Parish Council

Defender

Procedural Posture

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

Legal Issues

  1. 1 Whether a person of weak intellect, certified insane five years after puberty, was capable of acquiring a settlement in her own right at puberty under poor law.
  2. 2 Whether medical certificates of insanity at a later date can be used as evidence of mental incapacity at an earlier date for settlement purposes.

Ratio Decidendi

Where the evidence establishes that a pauper's mental condition at the time of attaining puberty was the same as when later certified insane, and that condition amounted to unsoundness of mind, the pauper is deemed incapable of acquiring a settlement in her own right at puberty. Later medical certification is admissible as evidence of the earlier mental state if no material change is shown.

Court Disposition

appeal dismissed; interlocutor of Lord Ordinary adhered to

Orders

  • Defenders assoilzied (absolved) from conclusions of the summons
  • Defenders awarded expenses against pursuers