Wigtown Parish Council v. Ayr Parish Council [1912] ScotLR 21 (25 October 1912)

Wigtown Parish Council v. Ayr Parish Council [1912] ScotLR 21 (25 October 1912)

Kelly had not resided in Ayr for three years continuously within the meaning of the Poor Law (Scotland) Act 1898, sec. 1, due to significant absences for militia training and agricultural work, thus did not acquire a residential settlement in Ayr.

Citation
[1912] ScotLR 21
Parties
Defender: Wigtown Parish Council; Pursuer: Ayr Parish Council
Jurisdiction
Scotland
Judgment Date
25 October 1912
Procedural Posture
Civil / Appeal
Outcome
appeal dismissed
Legal Topics
Poor Law, Residential Settlement, Continuous Residence
Public Law Social Welfare Law Poor Law Residential Settlement Continuous Residence

Case Brief

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Parties

Wigtown Parish Council

Defender

Ayr Parish Council

Pursuer

Procedural Posture

Civil / Appeal

Legal Issues

  1. 1 Whether James Kelly acquired a residential settlement in Ayr parish under the Poor Law (Scotland) Act 1898, sec. 1
  2. 2 Whether absences for militia training and agricultural work broke the continuity of residence required for settlement

Ratio Decidendi

Kelly had not resided in Ayr for three years continuously within the meaning of the Poor Law (Scotland) Act 1898, sec. 1, due to significant absences for militia training and agricultural work, thus did not acquire a residential settlement in Ayr.

Court Disposition

appeal dismissed

Orders

  • Interlocutor appealed against affirmed
  • Defenders (Wigtown Parish Council) bound to relieve pursuers (Ayr Parish Council) of their disbursements on Kelly's behalf