Melrose Parish Council v. Gordon Parish Council [1924] ScotLR 590 (19 July 1924)

Melrose Parish Council v. Gordon Parish Council [1924] ScotLR 590 (19 July 1924)

A person is 'able-bodied' under the Poor Law (Scotland) Act 1845 if he is able to work so as to earn his own subsistence, regardless of whether he can find employment or support his family. Darrie, having supported himself and his family for several years and being physically capable of work, was not entitled to parochial relief as a non-able-bodied person. Relief paid to him was not recoverable from the defenders' parish.

Citation
[1924] ScotLR 590
Parties
Pursuer: Melrose Parish Council; Defender: Gordon Parish Council
Jurisdiction
Scotland
Judgment Date
19 July 1924
Procedural Posture
Civil / Appeal From Sheriff Court to Court of Session, Inner House, Second Division
Outcome
appeal dismissed; interlocutor of Sheriff-Substitute affirmed; defenders assoilzied (absolved)
Legal Topics
Poor Relief, Definition of Able Bodiedness, Parochial Liability for Relief, Statutory Interpretation, Disability and Entitlement to Relief
Social Welfare Law Administrative Law Poor Relief Definition of Able Bodiedness Parochial Liability for Relief Statutory Interpretation Disability and Entitlement to Relief

Case Brief

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Parties

Melrose Parish Council

Pursuer

Gordon Parish Council

Defender

Procedural Posture

Civil / Appeal From Sheriff Court to Court of Session, Inner House, Second Division

Legal Issues

  1. 1 Whether a one-armed man, George Darrie, was 'able-bodied' within the meaning of section 68 of the Poor Law (Scotland) Act 1845 and thus ineligible for parochial relief; whether the relief paid was recoverable from the parish of settlement.

Ratio Decidendi

A person is 'able-bodied' under the Poor Law (Scotland) Act 1845 if he is able to work so as to earn his own subsistence, regardless of whether he can find employment or support his family. Darrie, having supported himself and his family for several years and being physically capable of work, was not entitled to parochial relief as a non-able-bodied person. Relief paid to him was not recoverable from the defenders' parish.

Court Disposition

appeal dismissed; interlocutor of Sheriff-Substitute affirmed; defenders assoilzied (absolved)

Orders

  • Pursuers' pleas-in-law repelled
  • Defenders assoilzied from the conclusions of the action