[1779] 5 Brn 539
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. reported by Alexander Tait, Clerk Of Session, One Of The Reporters For The Faculty.
Subject_2 POOR.
Date: The Parish of Dunse
v.
The Parish of Coldingham
28 July 1779 Click here to view a pdf copy of this documet : PDF Copy
In a dispute between the Parish of Dunse and Parish of Coldingham, the Lords found that it is the parish of the residence of the parents which must determine as to the maintenance of the children, as well as of the parents themselves ; and that the birth has no effect. Therefore two children, born in the Parish of Dunse, were found entitled to be maintained by Coldingham, because their mother, their father being dead, had her last three years' residence in the Parish of Coldingham. And the Sheriff of Berwick having found so, the Lords, in a suspension, found the letters orderly proceeded; but the Sheriff having also modified the aliment, the Lords suspended that part of the charge in hoc statu, and remitted to the Heritors and Kirk-Session of Coldingham to modify the aliment in prima instantia, as they should see just.
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