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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> The Parish of Eckford v Adamson. [1772] 5 Brn 538 (00 November 1772)
URL: http://www.bailii.org/scot/cases/ScotCS/1772/Brn050538-0591.html
Cite as: [1772] 5 Brn 538

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[1772] 5 Brn 538      

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.

The Parish of Eckford
v.
Adamson

1772. November .

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The maintenance of poor people falls upon the parish of their last three years' residence, preferably to the parish of their birth, even though this should be known, 7th August 1767, Baxter. This held to be law, Minister of Eckford against Adamson.

November 1772.—This case was a reduction of a decreet of the Sheriff of Roxburgh, who had not only found the Parish of Eckford, on the principle above-mentioned, liable in the expense of maintaining Adamson, but had also in prima instantia modified that maintenance to two shillings weekly, while the market price of oatmeal should continue above one shilling and fourpence per stone, and of one shilling and sixpence a-week when it should be at and below that sum. The justice of the first part of his sentence was acquiesced in ; but the second part was disallowed and reduced. It was matter of distribution of charity, of which the Kirk-Session and Heritors were the proper judges, at least in prima instantia. At the same time several of the Lords gave their opinion, that the Sheriff had no power to cognosce in it, either in prima vel secunda instantia.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


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URL: http://www.bailii.org/scot/cases/ScotCS/1772/Brn050538-0591.html