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Scottish Court of Session Decisions >>
Kirk-Session of Inveresk v Kirk-Session of Tranent. [1757] Mor 10571 (3 March 1757)
URL: http://www.bailii.org/scot/cases/ScotCS/1757/Mor2510571-007.html Cite as:
[1757] Mor 10571
Kirk-Session of Inveresk v. Kirk-Session of Tranent
Date: 3 March 1757 Case No. No 7.
Where the place of a beggar's birth is known, his his maintenance found to be a burden upon that parish, notwithstanding of his residing for the last three years in another parish.
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David Butler resided several years in the parish of Inveresk, as a day labourer, during which time a daughter, Jean Butler, was born to him. After his death, his wife and daughter removed to the parish of Tranent; where they lived, without charity, for more than three years. After the mother's death, the child became an object of charity; and a question arose, Whether the parish of Inveresk, where she was born, or the parish of Tranent, where she had resided more than three years, was bound to maintain her?
Argued for the parish of Inveresk, That by the act 18th Parl. 1672, it is declared, ‘ That exact lists shall be made in each parish, condescending upon the age and condition of poor persons; if they be able or unable to work, by reason of age, infirmity, or disease; and where they were born, and in what parishes they have most haunted during the last three years.’
And thus it was found, 5th June 1745, Dunse contra Edrom, No 3. p. 10553, “That the parish in which persons indigent, or becoming indigent, have resided during the immediate three years preceding their application for charity, are bound to subsist and aliment such indigent and poor persons.”
Answered, By act 22d Parl. 1535, the place of nativity is made the only rule with respect to the maintenance of poor: which is again repeated, act 25. 1551.—As the place of nativity might not always be known, it was provided by act 74. Parl. 1579, “That all poor people repair to the parish where they were born, or had their most common resort or residence the last seven years.” This is more particularly explained by act 16th Parl. 1663, where the burden is imposed upon “the parishes where such vagabonds or idle persons, who shall be found begging, were born; or in case the place of their nativity be not known, the parishes where they have had any residence, haunt, or most resort, for the space of three years immediately preceding their being apprehended.”
As by these acts, the rule was established, That the place of birth should be obliged to maintain the poor, and the place of residence only, where the other could not be known; so the act 18th Parl. 1672, will not be understood to have introduced any alteration, when it declares, “That lists are to be made up in every parish, of the poor persons, condescending upon their age and condition; if they be able, or unable to work, by reason of age; and where they were born; and in what parishes they have most haunted during the last; three years preceding the uptaking of the lists.”
This is further explained by an act of the Privy Council, 29th August 1693, ratified in Parliament, by which “all beggars, vagabonds, and poor persons, are ordered to return to the parishes where they were born; and that not being certain, to the parish where they last resided for the space of seven years together.”
“The Lords found, that the parish of Inveresk is bound to maintain the child, in respect of its birth; and remitted to the Lord Ordinary to proceed accordingly,”
Reporter, Justice-Clerk.For the parish of Tranent, Garden.Alt. Sir David Dalrymple.Clerk, Home.
Fol. Dic. v. 4. p. 83. Fac. Col. No 19. p. 32.
