Date of Decision: 3 Dec 1800
Abstract: This case determined which of three parishes—Irvine, Dalrymple, or Dalmellington—was required to provide for the maintenance of James Wallace, an insane pauper. The statutory obligation to aliment certain persons was assigned to parishes based on residency. However, Wallace was an itinerant worker, complicating the analysis. Before losing the ability to support himself, Wallace had been a dance master who spent winters in the town of Irvine but traveled in the summer to teach. He spent his early years in Dalrymple and later went to Dalmellington, where he was employed for a time. More than a dozen witnesses from the three parishes testified about Wallace’s whereabouts over the course of his life, giving sometimes contradictory evidence. The court found that the parish of Irvine was liable, comparing Wallace to tradesmen who travel to seek work in the summer.
Subjects: Poor

Published Report

William Morison, The Decisions of the Court of Session (1811), 3

People or Organizations Associated with Case

Named in case documents:
Alexander Boyle, Deponent
Thomas Wallace, Brother of Pauper
Janet Macgie, Deponent
George Colvin, Deponent
James Greg
William Colvin
Thomas Sloss, Deponent
John Watt, Deponent
Forrester Watt, Deponent
John Hettrick, Deponent
James Wallace, Pauper
Jean Glasgow, Deponent
John Wallace, Father of Pauper
Mrs. Watt
Archibald Kennedy, Earl of Cassilis
Gavin Howatson, Deponent
James Colvin, Deponent
Robert Reid, Deponent
David Edgar, Deponent
John Macwhirter, Deponent
Advocate for Defender:
Wm. Robertson
David Boyle
Lord Ordinary:
Allan Maconochie, Lord Meadowbank
Agent:
J. Somerville Jr.
T. Manners, W.S.
Clerk:
H. Clk.
Advocate for Pursuer:
Charles Brown