Liability of Relation of Persons Receiving POOR LAW RELIEF
- A man cannot be compelled to support his wife's mother. (R. v. Munday, 1718, Strange 190).
- Nor his deceased wife's child by a former husband. (Woodford v. Silburn, 1747, 1, Bott., P.L., Cases 375).
- Nor his son's wife or widow. (R. v. Kempson, 1734, 1, Bott. P.L, Cases 378).
- Nor his own brother. (Reg. v. Smith, 2, Carrington & Payne, 449).
- A grandfather is liable for the maintenance of his grandchild. although the father be alive, if the father is unable to support him, (R. v. Joyce. 1707. 16, Viners Abridgements, 423; R. v. Cornish, 1831, 2, Barnwell & Adolphus, 498).
- But a grandchild is not liable to support a grandfather, (Maud v. Mason. 1874, L.R., 9, Q.B. 254, 38, Justice of the Peace, 538).
- Adultery, if not condoned, discharges a husband from liability to maintain his wife. (Culley v. Charman , 1881, 7, Queen's Bench, Division 89).
- But it does not discharge a son. (In re Constable 1886, 31, Solicitors Journal).
- A woman who marries a second time cannot be forced to support her grandchild by the first husband. (Coleman v Birmingham Churchwardens, 1881, 6, Q.B D, 615. 45, J.P., 521).
- But she would have to support her children if she had separate property. (33 & 34 Victoria. chap. 93, sec. 14; 45 and 46, Victoria, chap. 76, sec. 14.
- The marriage of the mother does not relieve her children by a previous marriage of maintaining her whilst living with her second husband. (Arrowsmith v. Dickenson. 20. Queen's Bench Division).
- If a man marries a woman with a child, legitimate or not, he is bound to maintain it until it reaches the age of sixteen years, or until the death of the mother. (5 & 6 William IV., chap, 76, sec. 56).
- A married woman, although having separate property. cannot be forced to support her father. (Pontypool Union v. Buck, Jan. 1907).
From Statement of the Accounts of the Clutton Union, and of the Clutton Rural District Council, in the County of Somerset, for the Half-Year Ended Lady Day, 1907, pub. Purnell and Sons, Paulton, Radstock and Midsomer Norton, 1907
In the legal citations, "R" would mean "Rex", i.e. The King versus ... and "Reg" would mean "Regina", i.e. The Queen versus ...