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Scottish Court of Session Decisions >>
Kirk-Session of Inveresk v Kirk-Session of Tranent. [1737] Mor 10552 (29 June 1737)
URL: http://www.bailii.org/scot/cases/ScotCS/1737/Mor2510552-002.html Cite as:
[1737] Mor 10552
Kirk-Session of Inveresk v. Kirk-Session of Tranent
Date: 29 June 1737 Case No. No 2.
Action at the instance of one kirk-session against another, for maintaining a child.
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Margaret Lisle, who resided many years in the parish of Tranent, married a soldier occasionally quartered there, to whom she bore a child; and thereafter, having gone from thence in her way to Ireland with her husband, she left, or exposed the child in the parish of Inveresk; which having been found and taken care of by that kirk-session, a process was brought, at their Instance, against the kirk-session of Tranent, before the Commissaries of Edinburgh, in order to have the defenders decerned to take that burden off their hand:— Which being advocated, the pursuers chiefly insisted on an argument drawn by inference from the 16th act 1663, concerning beggars and vagabonds, whereby the legislature considered the place of birth as making an indelible relation to a parish; and, to the same purpose, were quoted the acts 22d, James V. 74. Parliament 6th, James VI. ratified by 21st act, session 7th, 1st Parliament, King William.
The Lords found, That no action lay at the instance of the kirk-session of inveresk against the kirk-session of Tranent.
