Welsh v Lowden
| Jurisdiction | Scotland |
| Court | Court of Session |
| Judgment Date | 25 October 1894 |
| Docket Number | No. 4. |
| Date | 25 October 1894 |
Lord Justice-Clerk, Lord Young, Lord Rutherfurd Clark, Lord Trayner.
PoorResidential settlementAcquisition ofDomestic servantPoor-Law Amendment Act, 1845 (8 and 9 Vict. cap. 83), sec. 76.
A domestic servant who had for more than five years been in service with a family in the parish of K held (dub. Lord Rutherfurd Clark) to have acquired a residential settlement in that parish, although she had, during the period necessary to acquire a settlement, been absent from the parish with part of the family, who had gone for change of air to the south of England and to the seaside in Scotland, for three periods of five or six months each, which followed each other at intervals of about a week.
In April 1893 Welsh, inspector of poor for the parish of Kelton, raised an action in the Sheriff Court at Kirkcudbright against Lowden, inspector of poor for the parish of Urr, for payment by Urr of the amount expended by Kelton on the maintenance of a pauper lunatic, named Mary Herries, and for decree ordaining Urr to free and relieve Kelton of the future expenses of the pauper's maintenance.
The pauper had admittedly been born in Urr, but Urr pleaded that she had, at the date when she became chargeable, acquired a residential settlement in Kelton.
The facts bearing on the question, as disclosed by a joint minute of admissions, were as follows:Mary Herries came to the parish of Kelton as a servant to Mr D. J. Hyslop, draper, Castle-Douglas, in August 1886. She remained in Mr Hyslop's service until Whitsunday 1888. At that term she went to Threave House, also in Kelton, as a servant to Mr Gordon, the proprietor of Threave estate. She remained in Mr Gordon's service until Whitsunday 1893. During the period of her service with Mr Gordon she was at Threave from Whitsunday 1888 to the last week in May 1890. She then went to Rockcliff, in the parish of Colvend, on the Solway, with Mrs Gordon and a portion of the family. She remained at Rockcliff till 20th November 1890, when she returned with the family to Threave. She remained for a week at Threave. She then went with a portion of the family to Ryde, in the Isle of Wight, where she remained until 20th or 21st May 1891, when she returned to Threave. She remained at Threave till the first week in June, when she again accompanied a portion of the family to Rockcliff, remaining there until the last week in November 1891. She then returned to Threave, and remained there till Whitsunday 1893, when she left Mr Gordon's service. On 3d November 1893 she was removed to Dumfries Asylum as a pauper lunatic.
During her service with Mr Gordon, Mary Herries was upon half-yearly engagements.
Mr Gordon, besides owning Threave, was proprietor of a furnished house at Rockcliff, and also one at Ryde, during the period Mary Herries was in his service.
When Mary Herries went to Rockcliff and Ryde she took with her her box and clothing, which was all she possessed. She left nothing at Threave.
The parties further did not dispute that during the whole period from August 1886 to November 1893 the pauper was forisfamiliated and capable of acquiring a settlement for herself.
On 21st May 1894 the Sheriff-substitute (Lyell), after...
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