Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. reported by ALEXANDER TAIT, CLERK OF SESSION, one of the reporters for the faculty.

Janet Scott
v.
William Oliver

Date: 5 March 1778

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Janet Scott having pursued William Oliver, before the Justices of the Peace of Roxburghshire, for aliment of a bastard child, the Justices decerned. Oliver suspended; and Lord Stonefield, having turned the decreet into a libel, decerned against Oliver for a yearly aliment of L.4 sterling, payable quarterly, until the child, a boy, should attain the age of fourteen. On advising a reclaiming petition and answers, the Lords, (5th March 1778,) Oliver being only a common workman, or land labourer, restricted the yearly aliment to L.3, payable quarterly, to be paid to the mother until the child was seven years of age; and also thereafter, until either the father took him into his own keeping, or that the child should attain the age of ten. By which time they thought he might be able, by herding, or otherways, to gain a livelihood.

Oliver objected to the jurisdiction of the Justices in questions of this nature; but his objections were disregarded.