Scottish Court of Session Decisions

This was an action by the inspector of poor of the parish of Colinton for declarator that John Cunningham, a pauper in the St Cuthbert's Combination Poorhouse, did not possess a settlement of birth in the parish of Colinton, and that his settlement was in the City parish of Edinburgh, and for relief from the City parish of claims made or to be made in Colinton for the pauper, on the ground that he was born in Colinton. The defenders called were the inspector of the City parish of Edinburgh and the inspector of St Cuthbert's. The circumstances in which the action was brought were as follows:—In 1870 the City parish sold the old poorhouse of that parish and built a new poorhouse at Craiglockhart, in the adjoining parish of Colinton. The new poorhouse paid rates in the parish of Colinton. It contained a lying-in ward, and it was the practice of the City parish to send out to that ward paupers about to be confined. The mother of the pauper, who was born on 16th March 1872, was one of the persons so sent out to Craiglockhart by the City parish. He became chargeable to St Cuthbert's in March 1878, and the inspector of that parish raised an action in the Small-Debt Court for repayment of sums expended on his relief against Colinton as the parish of his birth. The inspector of Colinton then raised this declarator to try the question of the liability of that parish to support paupers born in the poorhouse belonging to the City parish though situated in the parish of Colinton.

He pleaded—“(1) The pauper having no settlement by birth or otherwise in the parish of Colinton, the pursuer is entitled to decree in terms of the first declaratory conclusion of the summons. (2) The birth settlement of the pauper being in the City parish of Edinburgh, the pursuer should have decree of declarator to that effect.”

The City parish pleaded—“(2) The said pauper having his birth settlement in the parish of Colinton, this defender is entitled to absolvitor, with expenses. (3) The said pauper having no settlement in the City parish of Edinburgh by birth or otherwise, that parish is not liable in repayment of the advances made by the pursuer.”

The Lord Ordinary found that the settlement of the pauper was in Colinton, and assoilzied the defenders—adding this note:—

“ Note.—. … (2) The pauper was born in the poorhouse belonging to the City parish of Edinburgh, which is situated in the parish of Colinton. The question is, whether he was born in the parish of Colinton or in the parish of Edinburgh? The pursuer says that in regard to questions of settlement the poorhouse must be held to be situated in the parish to which it belongs.

The Lord Ordinary cannot adopt that view. It seems to him that the birth settlement of the pauper must be in the parish in which he was actually born. The theory of the pursuer, that the poorhouse is constructively in the parish of Edinburgh, is not supported by any authority. If it were to be entertained at all, it would seem to follow that it should hold good for all parochial purposes; but the parish of Colinton does not extend it to the levying of poor-rates.”

The pursuer reclaimed, and argued that the poorhouse of the City of Edinburgh must, though geographically in Colinton, be held on questions of settlement to be in the parish to which it belonged.

Authorities— Dalmellington v. Ruthwell and Troqueer, Jan. 22, 1822, 1 Shaw (n.e.) 244; Craig v. Ross, 39 Jur. 390; Macdonald v. Taylor and Craig, 1866, 9 Poor Law Mag. 348.