Parish council of glasgow v. Parish council of kilmalcolm [1906] UKHL 639 (29 May 1906)

Parish council of glasgow v. Parish council of kilmalcolm [1906] UKHL 639 (29 May 1906)

Incapacity to maintain oneself due to mental weakness and chronic physical disease does not preclude the acquisition of a residential settlement by residence in a charitable institution, so long as the person does not beg or apply for parochial relief and is maintained by others.

Citation
[1906] UKHL 639
Parties
Pursuer/respondent: Parish Council of Glasgow; Defender/appellant: Parish Council of Kilmalcolm; Defender/respondent: Parish Council of Houston
Jurisdiction
United Kingdom
Judgment Date
29 May 1906
Procedural Posture
Appeal / Judgment on Appeal to House of Lords
Outcome
appeal dismissed
Legal Topics
Poor Law, Residential Settlement, Capacity to Acquire Settlement, Maintenance in Charitable Institution
Public Law Social Welfare Law Poor Law Residential Settlement Capacity to Acquire Settlement Maintenance in Charitable Institution

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Parties

Parish Council of Glasgow

Pursuer/respondent

Parish Council of Kilmalcolm

Defender/appellant

Parish Council of Houston

Defender/respondent

Procedural Posture

Appeal / Judgment on Appeal to House of Lords

Legal Issues

  1. 1 Whether a person incapable of self-maintenance due to mental weakness and chronic physical disease can acquire a residential settlement by residence in a charitable institution without begging or applying for parochial relief.

Ratio Decidendi

Incapacity to maintain oneself due to mental weakness and chronic physical disease does not preclude the acquisition of a residential settlement by residence in a charitable institution, so long as the person does not beg or apply for parochial relief and is maintained by others.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with expenses.