Parish Council of Brechin v. Parish Council of Montrose [1904] ScotLR 42_150 (06 December 1904)

Parish Council of Brechin v. Parish Council of Montrose [1904] ScotLR 42_150 (06 December 1904)

The father was not pauperised by relief given to his son, who was incapable of self-support, and thus acquired a residential settlement in Montrose. The son's settlement followed the father. The prior admission of liability by Brechin was binding only while circumstances remained unchanged; once the father acquired a settlement in Montrose, liability shifted to Montrose. Montrose is liable for the maintenance of William Crocket from one year prior to the statutory notice.

Citation
[1904] ScotLR 42_150
Parties
Pursuer: Parish Council of Brechin; Defender: Parish Council of Montrose; Defender: Parish Council of Marykirk
Jurisdiction
Scotland
Judgment Date
06 December 1904
Procedural Posture
Civil / Appeal (reclaiming Motion) From Lord Ordinary's Interlocutor
Outcome
Appeal dismissed; Lord Ordinary's interlocutor adhered to.
Legal Topics
Poor Relief, Pauper Lunatics, Parochial Settlement, Derivative Settlement, Effect of Relief on Settlement, Admissions of Liability
Public Law Local Government Law Social Welfare Law Poor Relief Pauper Lunatics Parochial Settlement Derivative Settlement Effect of Relief on Settlement +1 more

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Parties

Parish Council of Brechin

Pursuer

Parish Council of Montrose

Defender

Parish Council of Marykirk

Defender

Procedural Posture

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

Legal Issues

  1. 1 Whether relief given to a son incapable of self-support pauperises the father and prevents him acquiring a residential settlement.
  2. 2 Whether an admission of liability by one parish remains binding after a change in circumstances (father acquiring settlement elsewhere).
  3. 3 Which parish is liable for the maintenance of a pauper lunatic under the Lunacy (Scotland) Act 1857, section 75.

Ratio Decidendi

The father was not pauperised by relief given to his son, who was incapable of self-support, and thus acquired a residential settlement in Montrose. The son's settlement followed the father. The prior admission of liability by Brechin was binding only while circumstances remained unchanged; once the father acquired a settlement in Montrose, liability shifted to Montrose. Montrose is liable for the maintenance of William Crocket from one year prior to the statutory notice.

Court Disposition

Appeal dismissed; Lord Ordinary's interlocutor adhered to.

Orders

  • Decree against the Parish Council of Montrose for payment of £131 19s 7d with interest, and for relief of future disbursements for William Crocket.
  • Parish Council of Marykirk assoilzied (absolved) from liability.