Digest of decisions relating to the Poor Law of Scotland : with decisions under the Lands Valuation, Public Health, and Education Acts : with relative statutes / by John Alexander Reid.

  • Reid, John Alexander.
Date:
1880
Catalogue details

Licence: Public Domain Mark

Credit: Digest of decisions relating to the Poor Law of Scotland : with decisions under the Lands Valuation, Public Health, and Education Acts : with relative statutes / by John Alexander Reid. Source: Wellcome Collection.

Provider: This material has been provided by The University of Glasgow Library. The original may be consulted at The University of Glasgow Library.

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    be administered by the kirk-session, independent of the parochial hoard. In many cases this may be beneficial to the interests both of those who are in destitute circumstances, and of the rate- payers. There being such a fund, and so administered, it may have the effect of preventing some persons from_ applying for parochial aid, and becoming a burden upon the parish, 16. John Liddle and Others v. The Kirk-Session of Bathgate, July 14, 1854.—16 B., 10.75; 26 Jtir., 584. Legacy—Title to Sue—Interest in Fund.—A legacy having, prior to the statute of 1845, been left to the minister and kirk- session of a parish, for the benefit and behoof of the poor in the said parish. Held (1)' that parishioners, who des- cribed themselves as operatives liable to be thrown out ot employment, but who, as able-bodied, had no legal claim to parochial relief, had a good title to sue an action of de- clarator as to the administration of the said legacy; (2) that the able-bodied, as well as the legal poor, had a right to the benefit of the legacy ; and (3) that the parochial board was not entitled to the administration of the fund. The facts were—The late Mr. Joseph Dawson, who died on 9th March 1844, bequeathed by his deed of settlement_ a legacy ot £300(> to the minister and kirk-session of the parish ot batn- aate for the time being, for the benefit and behoof of the poor in the said parish. This legacy was handed over by the lark- session to whom it had been paid, to the parochial board_ ot Bathgate by whom it was invested, and the dividends accruing from the principal sum were not kept separate from the ordinary assessment levied under the Act of 1845, but both were used as a common fund for the support of paupers on the ordinary roll. Thereafter an action was raised by twenty persons, who designed themselves Weavers in Bathgate, and also all parishioners of the parish of Bathgate and residenters therein, and having aU of them an interest in the due management and admiiustration of the cha Sle bequest and legacy. They averred tha they a belonged to a class of operatives, who are frequently thrown out of employment from the stagnation of trade and_ otherwise, and who on such occasions, come under the denommation of able- SedVoor for whom no provision is made under the Poor S AmCdment Act. The defenders called were the minister anlkhTc-session, and the object of '^^.^l^^^^^^^^^^^ t declared that the defenders were bound to invest tlie legacy in their own names, and, further, that the defenders were bound to