West Calder Parish Council v. Bo'ness and Carriden Parish Council and Shotts Parish Council [1905] ScotLR 43_68 (09 November 1905)

West Calder Parish Council v. Bo'ness and Carriden Parish Council and Shotts Parish Council [1905] ScotLR 43_68 (09 November 1905)

Stone abandoned West Calder in 1898 and resided in Shotts, with no constructive residence in West Calder. He acquired a residential settlement in Shotts by continuous residence. Admission of liability by West Calder binds them for the period claimed, as Mrs Stone and her family did not become self-supporting during their absence from the poorhouse.

Citation
[1905] ScotLR 43_68
Parties
Pursuer: West Calder Parish Council; Defender/reclaimer: Bo'ness and Carriden Parish Council; Defender/respondent: Shotts Parish Council
Jurisdiction
Scotland
Judgment Date
09 November 1905
Procedural Posture
Civil Action for Recovery of Poor Relief Expenses / Appeal/reclaiming Motion Before Inner House
Outcome
Interlocutor recalled; Shotts held liable for settlement; West Calder held liable for relief expenses by admission; Bo'ness and Carriden assoilzied (absolved) from liability.
Legal Topics
Poor Relief, Parochial Settlement, Constructive Residence, Admission of Liability
Public Law Social Welfare Law Poor Relief Parochial Settlement Constructive Residence Admission of Liability

Case Brief

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Parties

West Calder Parish Council

Pursuer

Bo'ness and Carriden Parish Council

Defender/reclaimer

Shotts Parish Council

Defender/respondent

Procedural Posture

Civil Action for Recovery of Poor Relief Expenses / Appeal/reclaiming Motion Before Inner House

Legal Issues

  1. 1 Did Robert Stone acquire a residential settlement in Shotts parish by residence?
  2. 2 Does the admission of liability by West Calder bind them for the period after Mrs Stone left the poorhouse?
  3. 3 What constitutes constructive residence under the Poor Law statutes?

Ratio Decidendi

Stone abandoned West Calder in 1898 and resided in Shotts, with no constructive residence in West Calder. He acquired a residential settlement in Shotts by continuous residence. Admission of liability by West Calder binds them for the period claimed, as Mrs Stone and her family did not become self-supporting during their absence from the poorhouse.

Court Disposition

Interlocutor recalled; Shotts held liable for settlement; West Calder held liable for relief expenses by admission; Bo'ness and Carriden assoilzied (absolved) from liability.

Orders

  • Find Robert Stone acquired a residential settlement in Shotts parish subsisting at 27th November 1903.
  • Assoilzie Bo'ness and Carriden Parish Council from conclusions of the summons.