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Scottish Court of Session Decisions >>
Robert Oliver v Janet Scott. [1778] Mor 444 (7 March 1778)
URL: http://www.bailii.org/scot/cases/ScotCS/1778/Mor0100444-076.html Cite as:
[1778] Mor 444
Subject_1 ALIMENT. Subject_2 ALIMENT due ex debito naturali.
Robert Oliver v. Janet Scott
Date: 7 March 1778 Case No. No 76.
Extent and duration of an aliment due by a day-labourer, for a bastard child.
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The justices of peace of the county of Roxburgh found Oliver, a day-labourer, liable to Janet Scott, a woman of the same rank, by whom he had a bastard child, in the sum of L. 4 Sterling annually, of aliment for the said child, during her continuing to keep and maintain the child.
In a suspension of this judgment, at the instance of Oliver, the Lord Ordinary found that he was liable in that sum annually, until the child should attain the age of fourteen years.
But the Court, in reviewing this judgment, were of opinion, that, for persons in his circumstances, the sum was too large, and the time too long; and, therefore, they ‘restricted the quantum of the aliment to L. 3 in the year, to be paid quarterly, until the child should attain the age of seven years; and also, thereafter, until either that the father shall take the child into his own keeping, or that the child shall attain the age of ten years.’
For Suspender, H. Erskine.Alt. Adam Ogilvie.
Fol. Dic. v. 3. p. 25. Fac. Col. No 21. p. 36.
