Cathcart Parish Council v. Glasgow Parish Council [1906] ScotLR 43_653 (05 June 1906)

A pauper who is insane during the statutory period of residence is legally incapable of acquiring a residential settlement in that parish, regardless of whether formal certification of insanity occurred. The parish of birth remains liable for maintenance.

Citation: [1906] ScotLR 43_653
Parties: Pursuer: Cathcart Parish Council; Defender: Glasgow Parish Council
Jurisdiction: Scotland
Judgment Date: 05 June 1906
Procedural Posture: Civil / Appeal (reclaiming Note)
Outcome: appeal refused; interlocutor adhered to
Legal Topics: Residential Settlement, Capacity to Acquire Settlement, Insanity, Pauper Maintenance

Poor Law Local Government Mental Health Law Residential Settlement Capacity to Acquire Settlement Insanity Pauper Maintenance

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 14 Party arguments 2 Amounts and remedies 2

Parties

Cathcart Parish Council

Pursuer

Glasgow Parish Council

Defender

Procedural Posture

Civil / Appeal (reclaiming Note)

Legal Issues

1 Whether insanity prevents acquisition of residential settlement under Poor Law (Scotland) Act 1898
2 Whether formal certification of insanity is required to disqualify acquisition of settlement

Ratio Decidendi

Court Disposition

appeal refused; interlocutor adhered to

Orders

Find in fact and in law in terms of the findings in fact and in law in the interlocutor reclaimed against
Decern against defenders for sums advanced and to be advanced for maintenance of John Nairn Baillie, with interest at 5% per annum