M'Donald (Inspector of poor of Dumbarton) v. Mackenzie (Inspector of poor of old Kilpatrick)

Subject_1 Poor Subject_2 Birth Settlement Subject_3 Irregular Marriage Subject_4 Desertion.

Proof — Proof of Marriage in Sheriff Court Incidentally. Facts: A woman acquired a derivative settlement in the parish of D by marriage with a man whose settlement was in that parish. They left the parish, and soon after the man died without having lost his settlement in D. The widow went through an irregular marriage with an Englishman who had no settlement in Scotland. After a few months she left him on account of his bad treatment, and returned to D within two years from the time she left it. After two years more she became a pauper and was relieved by D.

The second husband denied the validity of the irregular marriage, and refused to do anything for her.

Held , in a question between D and K, the parish of her birth, (1) that the irregular marriage was proved; that the facts above stated constituted desertion by the second husband; and (3) that the settlement in D having been lost by the irregular marriage, K, as the birth parish, was liable for her support.

In an action between parishes as to a pauper's settlement, proof of an irregular marriage of the pauper may be led incidentally in the course of ascertaining the settlement.