Scottish Court of Session Decisions

This was an advocation from the Sheriff Court of Lanarkshire. The question at issue was whether or not Mrs Marion Frame or Hutchison is entitled to aliment for herself and her children who are under age. She claimed aliment as a pauper from the parish of Carstairs, her parish of settlement, on the ground that, although she is a married woman, her husband is unable to support her, not being an able-bodied man, and besides has deserted her. A proof was led before the Sheriff Court, and the Sheriff-Substitute (Dyce) pronounced an interlocutor, in which he “finds that the applicant has failed to establish her averments, and, on the contrary, finds it proved that she and her children reside in the house of her father, who is in good circumstances; that the applicant's husband is of lazy indolent habits, is neither mentally nor physically incapacitated, but fully able to maintain his wife and family if willing to work; that the applicant's husband was desired to quit her fathers house; and that neither she nor her children are in a destitute condition: Finds, in point of law, that the petitioner is not a fit object of parochial relief, recalls the order of 12th April 1865, and dismisses the application.”

The Sheriff (Alison) took a different view. By his interlocutor he “finds it pleaded that the husband of the pursuer is of weak mind and feeble in body, and only earning 1s. 9d. a week, and is unable to maintain his children: Finds that the inspector pleads that the petitioner's father is a wealthy cadger, and bound to support the petitioner: Finds it stated in reply that the petitioner's father is an insolvent cadger, labouring under asthma, with a bedridden wife entirely dependent on him: Finds it proved that the petitioner at one time received parochial relief from the parish of Hamilton, and is now living on the 1s. a week

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awarded under this application as interim aliment: Finds that the petitioner's father, the cadger, for some time took the petitioner and her children into his family, but he now refuses to aliment her any longer, has turned her out of his house, and she is now utterly destitute: Finds, in these circumstances, that the petitioner is entitled to parochial relief in respect of her infant children and the desertion of by her husband, whatever claim of relief the parish may have against the husband: Therefore alters the interlocutor complained of, finds the petitioner entitled to relief for herself and her children, and ordains the defender to give her suitable relief accordingly.”

The inspector of poor advocated.

Mackenzie for advocator.

Balfour for respondent.

Before answer a remit was made to Dr Little john to examine the petitioner's husband, and report as to his mental and bodily state.

The Court to-day held that the petitioner was not a proper object of parochial relief her husband being able-bodied and not in desertion. Sheriff Alison's interlocutor was therefore altered.