sufficient proof of the pauper's birth having taken place in the parish of Strath. WEMYSS PARISH COUNCIL v. KIRKCALDY AND DYSART PARISH COUNCILS. (9th July, 1921.) Relief Granted to dependants of able-bodied man— -Effect on settlement-Transference of liability during chargeability of Dependants Mental Deficiency-Pupil Child. Held (1) that where on the recommendation of the Scottish National Society for the Prevention of Cruelty to Children the Parish Council of Wemyss removed to the Poorhouse the wife and three children of an able-bodied man on the ground that he was not a fit person to have the care of the household, such relief to his dependants did not pauperise the man, and accordingly did not prevent the acquisition by him of a residential settlement in Kirkcaldy; and (2) that the fact that the mental condition of two of the children was such as to render them capable of certification, one as a lunatic and the other as a mental defective, did not prevent liability for their maintenance being transferred to Kirkcaldy during the currency of chargeability, neither of them having been actually certified in terms of the respective Acts. KILMAURS PARISH COUNCIL v. NEILSTON PARISH COUNCIL. Settlement-Constructive residence-Soldier - Married Man Wife residing with her parents—Husband no prior connection with parish where his wife was residing-Settlement not acquired. A man residing with his wife in Neilston enlisted in the Army in July, 1916. Shortly afterwards his wife wrote to him stating that, on account of her reduced income, she proposed to remove to the parish of Kilmaurs. She removed to Kilmaurs without waiting for her husband's approval, but he apparently did not object and he visited her there when on furlough. In Kilmaurs she resided in her mother's house until 28th November, 1916, when she moved to a house taken in her husband's name. The husband was demobilised on 13th October, 1919, and after residing for a few weeks with his wife, he deserted her on 24th November, 1919. Held that for the period during which the wife resided in her mother's house the husband could not be regarded as being constructively resident in Kilmaurs, and that as it was therefore impossible for him to acquire a residential settlement there prior to his desertion, his birth parish, viz. Neilston, was liable. PORTPATRICK PARISH COUNCIL v. KIRKCOWAN AND WIGTOWN PARISH COUNCILS. (9th August, 1921.) Settlement-Congenital imbecile-Effect of relief on parish of father's settlement -Increase of relief without instructions of purish of settlement-Mora. Circumstances in which held (1) that a man was a congenital imbecile and that he could have been at any time certified as a lunatic, and that accordingly he took his father's settlement: (2) that application for relief by the able-bodied father of the imbecile did not prevent the acquisition of a residential settlement by the father in Kirkcowan; (3) that when the father's circumstances changed and he became "physically unfit to do much work" the relief afforded to his imbecile son prevented the loss of the settlement in Kirkcowan: (4) that Portpatrick Parish Council were not barred by Mora from prosecuting their claim. EDINBURGH PARISH COUNCIL v. WALLS AND SANDNESS PARISH COUNCIL. (10th August, 1921.) Settlement-Widow-Husband with no residential settlement in Scotland at death. Held that in the case of a Scottish-born man who died in England after several years residence there, his widow, on becoming chargeable in Scotland within three years from the date of his death, took his birth settlement and not her own. BEATH PARISH COUNCIL v. TRANENT PARISH COUNCIL. (12th August, 1921.) Settlement-Soldier-Married Man-Failure to return on demobilisation-Constructive Residence-Settlement acquired. A man who had previously lived with his wife in the parish of Beath enlisted in the Army. He corresponded with his wife during his absence on service, but did not contribute anything towards her support beyond the ordinary allotment of 6d. per day. She was, however, maintaining herself out of her own earnings. He did not return to his wife on demobilisation, and, in reply to an enquiry by the Inspector of Poor, he stated that in 1916 he had written to her telling her he was finished with her." Held that the settlement in Beath had been retained by constructive residence. BALMAGHIE PARISH COUNCIL v. LOCHCARRON AND LOCHALSH PARISH COUNCILS. (15th August, 1921.) Settlement-Lunatic-Perpetual pupil-Takes residential settlement derived from deceased father. Circumstances in which held that a lunatic who was not actually certified until about 54 years of age, but whose prior mental condition was such that he could have been certified at any time, was in the position of a perpetual pupil, and had no settlement except that derived from his father at the latter's death. GLASGOW PARISH COUNCIL v. GOVAN AND FALKIRK PARISH COUNCILS. (6th December, 1921.) Settlement-Constructive residence-Widower-Employed in one parish but resident every week-end with married daughter in another parish-Residence in Model Lodging-Houses. From 1911 till 1920 a man worked in Falkirk, residing during the week in Model Lodging-Houses there, but returning every week-end or when ill to the house of his married daughter in Govan. He paid 10s. weekly to his daughter for board and lodging. Held that a residential settlement had been acquired in Falkirk. GLASSERTON PARISH COUNCIL v. MINNIGAFF PARISH COUNCIL. Settlement-Constructive residence-Married man-Frequent absences from home on casual work-Wife maintaining herself by own earnings—Husband's contributions irregular-Settlement acquired and retained. A man who resided with his wife in the house of her married illegitimate son was frequently absent from home, sometimes for considerable periods. During his absences he apparently worked at any work he could find, with the exception of one period when he was employed in a Munition Factory at Gretna. When absent he did not, as a rule, contribute to his wife's support, but it is not alleged that he was in desertion. His wages being small he was probably not able to contribute, and in any event his wife was maintaining herself. His wife was seldom aware of his address when absent. Held that a residential settlement had been acquired and retained in the parish of Minnigaff, where the wife resided. GLASGOW PARISH COUNCIL v. GOVAN AND CATHCART PARISH COUNCILS. (7th December, 1921.) Settlement-Constructive residence-Soldier-Married Man-Misconduct of Wife resulting in giving up of home-Child removed to paternal grandmother— Settlement acquired. A man resident with his wife in Govan from January, 1916 enlisted in the Army for War Service. On return on furlough in June, 1917 he found his wife co-habiting with another man. He accordingly gave up the house and sold the furniture, and removed his child to the care of his (the soldier's) mother, who was also resident in Govan. Separation allowance to the wife ceased in October, 1917 and the child's allowance was paid to its grandmother. He was demobilised in November, 1919, when he returned to his mother's house. Held that a settlement by actual and constructive residence had been acquired in the parish of Govan. |