Category: Parochial Board

Death of a pauper

16/9/2016

This week we've been looking at the records of the Board of Supervision, a body established under the Poor Law (Scotland) Act of 1845 to implement the reformed system of poor relief in Scotland, and to act as an appeals body. The Board of Supervision lasted for 50 years until it was replaced when poor relief was transferred from Parochial Boards to local authorities.

We came across one noteworthy case which illustrates several aspects of the operation of the Board of Supervision and the workings (or, in this case, failings) of the poor relief system. The case first appears with no mention of the name of the poor man:

Thursday 30th November 1871
Urquhart (Inverness) – A letter from Dr John Fergusson, dated 27th November, requesting the Board to investigate death of a pauper alleged to have been wrongously removed to the Poorhouse was submitted. The Board directed the Secretary to transmit a copy of Dr Fergusson’s letter to the Procurator Fiscal, and to enquire where he is to make an investigation, as in that even the Board will suspend their action until the Crown Officers have either taken proceedings or have resolved not to do so.

The Board were usually fairly scrupulous about gathering evidence, and as such many cases dragged out for extended periods. The next mention of the case is nearly two months later.

Thursday, 11th January 1872
Urquhart (Inverness) – The letter of Dr John Fergusson, dated 27th November, respecting the case of Alexander McDonald, alleged to have been wrongously removed to Inverness Poorhouse, which caused his death shortly after his admission to the Poorhouse, which was before the Board on 30th November, and letters from the Governor of Inverness Poorhouse, dated 30th November, Mr Charles Stewart, Procurator Fiscal at Inverness, dated 2d December, Mr G Ellice, dated 4th December, Mr Charles Morton, Crown Agent, dated 27th December, and Inspector of Urquhart, dated 4th January 1872, thereanent, were submitted and directed to be circulated among the Legal Members.

Four weeks later, the Board again considered the evidence

Wednesday, 7th February 1872
Urquhart (Inverness) – The documents which were before the Board on 11th January, respecting the case of Alexander Macdonald, whose death is alleged to have been caused by his removal to Inverness Poorhouse, the same having been circulated among the Legal Members, were again submitted, and remitted to the Chairman to draft a Minute.

When it came, the Chairman's verdict was devastating

Thursday, 15th February 1872
Urquhart (Inverness). The documents respecting the case of Alexander McDonald, whose death is alleged to have been caused by his removal to Inverness Poorhouse, which were before the Board at last meeting, were again submitted (together with a Draft Minute by the Chairman). The Board approved the Draft Minute, which is as follows:

The Board have carefully perused the Precognition taken by the Procurator-Fiscal of Inverness-shire regarding the death of Alexander Macdonell or Macdonald, which was transmitted to them by direction of Crown Counsel for their consideration, and in order that they might take such steps as they might think proper. The Board regret to find that the conduct of the Parochial authorities in this case has been most unsatisfactory, and far from creditable to themselves.

It appears that Macdonell was a pauper belonging to Urquhart who resided with his sister in the Parish of Kilmonivaig. He was about 75 or 76 years of age, very frail in body, having been for a considerable time troubled with a severe chronic cough, and much confined to the house and bed, and almost am imbecile in mind. The Parochial Board of Urquhart, being dissatisfied with the amount of outdoor relief which the pauper was receiving, ordered his removal to his own Parish and subsequently to the Poorhouse at Inverness. The Medical Officer of Kilmonivaig certified, of date 15th June 1871, that the pauper was “in an unfit state to be removed”, and of date 24th August 1871, that he was “not in a fit state to be removed to the Poorhouse without serious injury to his health”. Both these certificates were given on soul and conscience. The Parochial Board of Urquhart, nevertheless, resolved to adhere to their previous determination, and on the 2d October 1871 they requested their Chairman and Deputy Chairman to arrange with their Medical Officer and Inspector for the pauper’s immediate removal from Glengarry to the Inverness Poorhouse. Accordingly upon the 17th or 18th of October the Medical Officer of Urquhart visited the pauper at his sister’s house in Glengarry, and granted a certificate, of date 18th October, to the effect that he considered him “a fit case for Hospital or Poorhouse treatment”. This certificate was not given on soul and conscience, and it was also defective in respect it did not bear that the pauper could be removed to Inverness (a distance of upwards of 40 miles) without injury to his health, and did not prescribe (as in such a case it should have done) the mode of conveyance to be used in effecting the removal.

The Inspector of Urquhart proceeded to Glengarry on the 25th of October, and forcibly removed the pauper to Glen Urquhart upon a wet stormy day in an open conveyance, although it appears that at Glengarry the defective character of the certificate upon which the Inspector was about to act was pointed out to him, and it was further suggested to him that the pauper, if removed at all, should be conveyed either in a close carriage or by the steamer.

On the 27th of October, the pauper was forwarded from Glen Urquhart to the Poorhouse at Inverness with the concurrence of the Medical Officer of Urquhart, but again he was conveyed in an open carriage, notwithstanding his delicate state of health and the inclemency of the season.

The unfortunate pauper died in the Poorhouse on the 25th November, but there does not appear to be evidence directly and distinctly connecting the death with the removal, and it is probably on that account that Crown Counsel have directed the Precognition to be transmitted to the Board, instead of ordering proceedings to be taken as a criminal charge. On the other hand, it is obvious that the removal and the manner in which it was executed could not have been beneficial to the health of the pauper, and there is but too much probability that they must have been prejudicial to it.

The Board are of opinion that this was not a case in which the power of removal should have been exercised at all. It was not a case in which the application of a test was requisite, and no reasonable person could suppose that the poor old man’s comfort would be increased by removing him from his sister’s care to a distant Poorhouse. The sole reason for removing the pauper was a difference of opinion between the Parochial authorities of Urquhart and Kilmonivaig as to the proper amount of outdoor allowance, and that question might have been settled by an appeal to this Board. As regards the mere matter of expense, the last month of the pauper’s life (including the cost of removal and the Poorhouse charges) was probably after all more costly to the Parish of Urquhart than any previous month of the pauper’s chargeability. It appears, therefore, to the Board that the Parochial Board of Urquhart acted neither wisely nor humanely in ordering this pauper to be removed to Inverness.

The Board are further of opinion that the Inspector or Urquhart committed a grave error of judgment in removing the pauper upon a manifestly defective certificate, and in a manner obviously improper in the circumstances of the case. The Inspector appears to have had at the time some misgivings as to the propriety of the course he was pursuing, and he seems to have considered that he was bound to carry out the wishes of his Chairman and Deputy Chairman, and that he would not have been justified in incurring the additional expense of a journey in the steamer or a close carriage. It is, therefore, necessary to inform him that even in executing a competent and legal order of the Parochial Board, an Inspector of Poor is responsible for carrying out his instructions in a legal, proper and humane manner. The Board consider the conduct of the Inspector of Urquhart in this case to have been highly culpable, and they hereby censure him for it.

Even through the bureaucratic politeness, it's clear that the Board believed that the Inspector's actions were a factor in the death of poor Alexander Macdonald. They didn't however go so far as to dismiss him - something that in other cases they were willing to do.

The Board of Supervision had a dual role - providing guidance to the local officers responsible for the operation of the Poor Law, and acting as an appeals body for applicants dissatisfied with the amount of support they received. We are currently indexing the appeals cases considered by the Board from its inception in 1845 to its abolition in 1895, and will be publishing the index in the next few months. Watch this space!

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They call him the wanderer

5/9/2016

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We've written before about the 1845 Act for The Amendment and better Administration of the Laws Relating to the relief of the Poor in Scotland, which as the name suggests changed the way in which Poor Laws operated in Scotland. As well as formalising on a statutory basis the operation of what would over time evolve into the modern benefits system we know today, the Poor Law (Scotland) Act 1845, as it is often referred, led to the establishment of Parochial Boards in each of the parishes of Scotland. This laid the foundations for the established of local, civil government in Scotland. Under the 1845 Act, Parochial Boards were responsible for administering poor relief.

Parochial Boards would meet regularly to consider the state of Poors Funds in their parish, and to discuss applications for relief. Poor relief was paid by Parochial Boards, which were always keen to minimise their expenditure. Liability was determined by the long-established - and often contentious - system of settlement. While in theory the rules of settlement were relatively clear, there was always room for disputes between Parochial Boards keen to avoid spending their limited resources. As with Kirk Sessions determined to find someone to pay for illegitimate children, it was all about the money.

In most instances, determining the parish of settlement of a pauper or applicant for relief was fairly straightforward - after all, most people didn't move around all that much. That was not, however, always true, as the case of George Thomson shows.

The first time we come across George is in the Treasurer's Accounts of Drumoak parish, in Aberdeenshire:

1847, June 13
By Cash to George Thomson in need, £1

Three weeks later, he's mentioned again:

1847, July 4
Cash to George Thomson, 6/-

Another three weeks later, he's mentioned in less happy circumstances

1847, July 25
Cash to Widow of George Thomson, 12/-

George has died, and his widow is now in receipt of parochial aid. Another three weeks passes, and George is no longer mentioned by name

Friday 13 August 1847
Widow Thomson, 6/-

In order to qualify for parochial relief under the 1845 Act, George would have had to apply to the Parochial Board, satisfying them that he was in genuine need, and that he was settled in the parish. At first, the Parochial Board minute is not particularly interesting:

Church of Drumoak 13 August 1847
It was reported that on 12 June last George Thomson, labourer at Burnside in this Parish, had applied for temporary relief to himself, wife, and four children, which had been granted. That he died on 11 July, and that his wife had since become chargeable as a Pauper in this Parish. That some time previous to his death the Inspector had taken in writing a declaration of the different places in which he had resided – which was to the following effect

However, the detail provided by George in his account is remarkable:

That George Thomson, late husband of Ann Gillespie, was born at Little Mill of Cairney, that his father George Thomson is still alive and is resident at Foggy-Moss in said Parish. That he left his father’s when 13 years of age to be servant to Joseph Horne in Netherton of Cairney, with whom he resided six months; that he then went to serve John Christie in Busswarney in the Parish of Cairney, where he resided 2 ½ years; that he afterwards was in the service of Isaac Robertson, Banks of Cairney, 6 months; that he then went to Alexander Christie, Gangdurnas, parish of Cairney, with whom he resided 6 months; and thence to Charles Bruce in Broadland of Cairney, whom he served six months. That he then removed from his native Parish and entered the service of James Pirie, Culithie of Gartly, with whom he remained for 2 ½ years; that he afterwards went to the Revd Mr Leslie, assistant to the Minister of Rathven, where he remained 6 months; that he then went to James McCulloch, Cleffes in the parish of Grange, and continued with him 6 months; that he thence went to work with a contractor in whose service he worked in different parishes for short periods, and then removed to Fyvie for 6 or 8 weeks, and then to the parish of Belhelvie where he resided with a William McDonald for about 15 months; that he then resided six months with William Stronach carpenter in the parish of Nigg; that he thence removed to the parish of Fordoun and lived with Deacon Bruce innkeeper, Auchinblae about a month; that he then resided with Peter Laing in Banchory Ternan a month, and went to Kincardine O’Neil, where he lodged in the house of William Cooper for about six months. That he then removed to Banchory Ternan and was married 20 June 1840 to Ann Gillespie. That from Martinmas 1841 to the month of September 42 he earned his livelihood by working at Countesswells in the Parish of Peterculter or Banchory Devenick, visiting his family every Saturday night and continuing with them till Monday morning, as long as they resided in Banchory Ternan. That on the 7th of June 1842 his wife and family removed from said Parish of Banchory Ternan to this parish (Drumoak), he himself continuing to earn his livelihood at Countesswells, residing first in the house of Archibald Leslie and then in that of Alexander Watt, crofters in Loanhead of Countesswells. That he continued as before visiting his family every Saturday night and continuing with them until Monday morning till the month of September 1842 when he took up his regular residence in this parish, and resided till his death on 11th July 1847.

Clearly George moved around quite a lot. Based on this declaration, the Board decided that they were not liable for relief payments:

The Board taking the matter under consideration were of opinion that his widow and family had no claim upon this parish, but that Cairney was the parish of settlement, and instructed the Inspector to forward a statement of the case to the Inspector of said parish of Cairney.

Although the Board did not believe they were liable, they continued to make payments to Ann, as we can see if we return again to the Treasurer's accounts:

1847 Octr 3 Seven weeks aliment to Widow Thomson, £1 1s

Thursday 18 November 1847
Widow Thomson, £1 1s

1848 Jany 2
Widow Thomson, [5s]

Wednesday 23 Feby 1848
Widow Thomson, 15s

The day after making this last payment, the Board met again to consider this case. Ann offered some more information about her circumstances:

Drumoak 24 February 1848
The meeting proceeded to revise the Poors Roll and the Inspector having given in his report on the state of the Poor, it was agreed to continue the present allowance to all the paupers on the Roll with the exception of Widow Thomson, who gave in a claim for an increased allowance. Said Widow Thomson was called in and being examined stated that she pays thirty shillings of rent yearly for her present house and yard, that she has four children, the eldest six years of age and the youngest about two years of age, that she receives three shillings of board from her late husband’s brother who lives with her pursuing the occupation of a tailor, who also affords light. The Board having considered this case dismissed the complaint, and thereafter resumed consideration of the liability of this parish to maintain said Widow Thomson, and the Inspector having laid on the table a letter which he had received from the Inspector of the Poor of the Parish of Cairney intimating that they considered Drumoak as the parish of the woman’s settlement. The meeting agreed to refer the case to arbiters mutually chosen if the Inspector of Cairney will agree to that arrangement, and if not, they instruct their Inspector to bring a legal action against the Inspector of said parish of Cairney with a view to recover the money already advanced for relief in this case.

While the Board waits for a response from the Inspector at Cairney, they continue to pay George's widow Ann:

1848, March 26 By 4 weeks aliment to Widow Thomson, 12s
1848, April 30 By 4 weeks aliment to Widow Thomson, 12s
Friday 12 May 1848 4 weeks aliment to Widow Thomson, 12/-

They didn't have to wait too long for a response

Drumoak 12 May 1848
…
A letter was then laid on the table the tenor whereof follows

Cairney 27th April 1848
Sir,
Case of Widow Thomson & Family
Before giving a final answer regarding this case I have to request that you will have the goodness to inform me in what capacity George Thomson was employed while working at Countesswells in the parish of Peterculter from the 7th of June to the month of September 1842.
I am, Sir, your ob[e]d[ien]t serv[an]t
(Signed) Wm Taylor, inspector

The meeting instructed the Inspector to write to the Inspector of Cairny that George Thomson was employed as a contractor during the period referred to in the above and instructed him farther to remind him that the application was made prior to 7 June 1847, until which time even the widow and family of said George Thomson have not acquired an industrial residence in this parish.

Apparently the Inspector at Cairney is not keen to pay for Ann's maintenance either. Meanwhile, the bills continue to mount for Drumoak

1848 July 30 By Widow Thomson’s 8 weeks aliment, £1 4s
1848 Septr 10 Wid Thomson 4 weeks aliment, 12s
1848 Octr 22 Wid Thomson 8 1/3 weeks aliment, £1 5s

Five months later, the Board meets again

Drumoak 31 Oct 1848
…
A letter was then laid upon the table from the Inspector of the Poor of the Parish of Cairney relative to Widow Thomson & family the tenor whereof follows

Cairney 19th August 1848
Sir
Case of Widow Thomson & family
At a special meeting of the Parochial Board held to day for the purpose of considering & finally disposing of this case, I have been instructed to intimate to you that they refuse to recognise the claim.
I am, Sir, your ob[e]d[ien]t servt
(Signed) Wm Taylor, Inspector

The meeting being clearly of opinion that Widow Thomson had no claim on this parish but on Cairney instructed their Inspector to give the case into the hands of John Blaikie Esq, Advocate, Aberdeen and request him to raise an action against the Inspector of Cairney for the Recovery of the sums paid to Widow Thomson by the Parochial Board of Drumoak, and to intimate the same to the Inspector of Cairney.

Cairney Parochial Board decide to call Drumoak's bluff, refusing outright to pay anything. Drumoak respond by calling in the lawyers, and going to court. In the meantime, they continue to pay Ann

1848
Novr 19 By cash to Wid Thomson 4 weeks aliment, 12s
Decr 17 By cash to Wid Thomson 4 weeks aliment, 12s
1849
Jany 21 By cash to Wid Thomson 4 weeks aliment, 12s
1849 Feby 18 By cash to Wid Thomson 4 weeks aliment, 12s
1849 March 11 By cash to Wid Thomson 4 weeks aliment, 12s
1849 April 8 By cash to Wid Thomson 4 weeks aliment, 12s
1849 May 13 By cash to Wid Thomson 4 weeks aliment, 12s
1849 June 10 By cash to Wid Thomson 4 weeks aliment, 12s
1849 July 1 By cash to Wid Thomson 4 weeks aliment, 12s
1849 July 12 By cash to Wid Thomson 4 weeks aliment, 12s
1849 Septr 2 By cash to Wid Thomson 4 weeks aliment, 12s
1849 Octr 18 By cash to Wid Thomson 4 weeks aliment, 12s
1849 Novr 8 By cash to Wid Thomson 8 weeks aliment to 17th Novr 1849, £1 4s
1849 Decr 16 By cash to Wid Thomson 4 weeks aliment, 12s
1850 Jany 13 By cash to Wid Thomson 4 weeks aliment, 12s

Finally, two and a half years after George initially applied for temporary relief, a resolution of sorts is achieved in court:

Drumoak 31st January 1850
…
The Inspector reported that he had received an intimation from Messrs Blaikie Advocates, Aberdeen, to the effect that the Sheriff on appeal had finally decided the case of Widow Thomson (referred to in the minute of 31st October 1848) with expenses against the parish of Cairnie and that after deducting necessary expenses a balance of £13 was due to this parish.

The treasurer of Drumoak records the payment received from the lawyers

1850 Jany 31
Received from the Messrs Blaikie balance due by them on account of Parochial Board of Cairney, £13

Now that liability has been established on the park of Cairney, the Parochial Board are perfectly happy to continue making payments to Ann

1850 Feby 10 By cash to Wid Thomson 4 weeks aliment, 12s
1850 March 10 By cash to Wid Thomson 4 weeks aliment, 12s
1850 March 24 By cash school coal money for Wid Thomson’s children 2/- and for a school book 1/9
1850 April 7 By cash to Wid Thomson 4 weeks aliment, 12s
1850 May 6 By cash to Wid Thomson 4 weeks aliment, 12s

Having initially denied liability, Cairney Parochial Board accept the court ruling, and reimburse Drumoak

1850 July 14, Received advances made to Wid Thomson by this Session on account of the Parish of Cairney, £3 15s 9d

As well as providing an extraordinary amount of information about the working life of George Thomson, and the domestic arrangements of his family both while he is alive and after he dies, these entries also give a good illustration of how the system of poor relief operated in Scotland after the reforms of 1845.

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Death of a pauper

They call him the wanderer

Old Scottish

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