Glasgow Parish Council v. Old Kilpatrick Parish Council [1917] ScotLR 585 (17 July 1917)

Glasgow Parish Council v. Old Kilpatrick Parish Council [1917] ScotLR 585 (17 July 1917)

Euphemia M'Dermid was not forisfamiliated at puberty; she remained under parental control and had not acquired a residential settlement in Glasgow. Old Kilpatrick Parish Council, as the parish of the father's settlement at the date of chargeability, remained liable for her maintenance throughout the period of chargeability, regardless of the subsequent loss of the father's settlement.

Citation
[1917] ScotLR 585
Parties
Pursuer: Glasgow Parish Council; Defender: Old Kilpatrick Parish Council
Jurisdiction
Scotland
Judgment Date
17 July 1917
Procedural Posture
Civil / Appeal (reclaiming Motion)
Outcome
appeal allowed; decree granted for pursuers
Legal Topics
Settlement, Chargeability, Forisfamiliation, Parochial Relief
Poor Law Local Government Settlement Chargeability Forisfamiliation Parochial Relief

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Parties

Glasgow Parish Council

Pursuer

Old Kilpatrick Parish Council

Defender

Procedural Posture

Civil / Appeal (reclaiming Motion)

Legal Issues

  1. 1 Whether Euphemia M'Dermid was forisfamiliated at puberty and thus acquired a residential settlement in Glasgow
  2. 2 Whether Old Kilpatrick Parish Council remained liable for the maintenance of Euphemia M'Dermid after the father's loss of residential settlement

Ratio Decidendi

Euphemia M'Dermid was not forisfamiliated at puberty; she remained under parental control and had not acquired a residential settlement in Glasgow. Old Kilpatrick Parish Council, as the parish of the father's settlement at the date of chargeability, remained liable for her maintenance throughout the period of chargeability, regardless of the subsequent loss of the father's settlement.

Court Disposition

appeal allowed; decree granted for pursuers

Orders

  • Interlocutor of the Lord Ordinary recalled
  • Decree against defenders for the sum sued for (£58, 17s. 1d.)