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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Parish of Guthrie v Parish of Aberbrothock. [1777] Hailes 772 (31 July 1777) URL: http://www.bailii.org/scot/cases/ScotCS/1777/Hailes020772-0468.html Cite as: [1777] Hailes 772 |
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[1777] Hailes 772
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR DAVID DALRYMPLE, LORD HAILES.
Subject_2 POOR.
Subject_3 A Bastard Child being sent to nurse out of the parish in which the parents resided, to another parish, the former was found liable for its maintenance.
Date: Parish of Guthrie
v.
Parish of Aberbrothock
31 July 1777 Click here to view a pdf copy of this documet : PDF Copy
[Supplement, V. 539.]
Hailes. The mother has her residence in the parish of Aberbrothock, and so must the child. If every bastard child was to have a residence in the parish where it is nursed, the parishes in the neighbourhood of great cities would be grievously oppressed. It is still more extraordinary to plead that a person who undertakes the maintenance of an infant for three months, is bound to maintain it till it can provide for itself.
President. A three months' residence of an infant can never have any effect in law.
On the 31st July 1777, “The Lords remitted, with this instruction, to find the parish of Aberbrothock liable, reserving recourse against all concerned;” altering Lord Alva's interlocutor.
On the 9th August 1777, “They adhered.”
Act. T. Ramsay. Alt. G. Buchan Hepburn.
The electronic version of the text was provided by the Scottish Council of Law Reporting