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Scottish Court of Session Decisions >>
Poor John Runciman v Heritors and Kirk-Session of the Parish of Mordington. [1784] Mor 10583 (24 January 1784)
URL: http://www.bailii.org/scot/cases/ScotCS/1784/Mor2510583-015.html Cite as:
[1784] Mor 10583
Poor John Runciman v. Heritors and Kirk-Session of the Parish of Mordington
Date: 24 January 1784 Case No. No 15.
Residence for three years preceding poverty, tho' eight years prior to the application for charity, makes a parish liable for the maintenance of a pauper, not withstanding that his poverty did not commence till a year after his leaving the parish.
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Runciman, a day-labourer, had resided in the parish of Mordington for seventeen years preceding 1769; when he removed his habitation to a neightbouring parish. In 1770, he was struck with blindness, and so deprived of the means of subsistence. In 1777, he made application for aliment to the first mentioned parish, which the Sheriff of the county enforced by a decreet; and though the parish obtained a suspension of this decree, they continued to allow the pauper about a half of the sums decerned for, But being again charged upon the Sheriff's decreet, they withheld their charity entirely, and by another suspension brought the cause into Court; when they
Pleaded; It is residence for three years immediately previous to the application for charity, which alone entitles a pauper to claim it from a parish; a rule quite established by decisions of the Court; as Parish of Dunse contra Parish of Ednam, 5th June 1745, No 3. p. 10553; with several others of a latter date: Whereas this pauper had not resided within the parish in question for seven or eight years preceding his demand.
Answered; From the design of the law, it is plain, that the period to be considered is that when the ordinary means of subsistence fail, which for the most part will likewise be the time of the application for public charity; so that the latter expression ought to be construed as synonimous with the former. Now when the charger's poverty commenced, he had not been above one year absent from the parish of Mordington; which therefore was the only parish bound to relieve his necessities.
The Lord Ordinary pronounced this interlocutor:
“In respect it does not appear that the charger's residence was within the parish of Mordington for three years immediately preceding the charge, suspends the letters simpliciter, and decerns.”
But the Court having altered that judgment, found, “That in respect the charger resided in the parish of Mordington until a year prior to his blindness, and afterwards acquired no funds for subsistence, that parish was liable for his aliment; and found the letters orderly proceeded.”
Lord Ordinary, Monboddo.Act. Dickson.Alt. Drummond.Clerk, Menzies.
Fol. Dic. v. 4. p. 84. Fac. Col, No 138. p. 217.
