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Mr William Paton v Adamson. [1772] Mor 10577 (20 November 1772)
URL: http://www.bailii.org/scot/cases/ScotCS/1772/Mor2510577-010.html Cite as:
[1772] Mor 10577
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In an action against two parishes for aliment to an indigent person, the Sheriff of Roxburgh not only determined which of the two parishes were liable, but modified the quantum to be paid weekly, and decerned for payment of it out of the poor's funds. Urged in a reduction of this decreet, That the Sheriff had arrogated to himself powers which belong, by statute, exclusively to the minister, elders, and heritors of the parish, who alone are entitled to judge who shall be admitted to the poor's roll, and to fix their allowance for aliment. Vid. act 1663, c. 16th and act of Privy Council; August 11th 1692. The Lords sustained the reasons of reduction.
*** N. B. Although the Sheriff has no cognisance in the first instance in questions of this nature, it may be doubted whether he may not interfere upon a complaint, that the poor's laws have not been properly executed, seeing that the act of Privy Council, 31st July 1694, ordains the Sheriff, Justices of Peace, and Magistrates of royal burghs, to take trail how far the acts of parliament and acts of Council have been obeyed.
Fol. Dic. v. 4. p. 85. Fac. Col.
*** This case is No 374. p. 7669.; voce Jurisdiction.
