Scottish Court of Session Decisions
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Kidston v Smith. [1773] 5 Brn 390 (16 December 1773) URL: http://www.bailii.org/scot/cases/ScotCS/1773/Brn050390-0326.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. reported by Alexander Tait, Clerk of Session, One of The Reporters For The Faculty.
Subject_2 BASTARD.
Date: Kidston
v.
Smith
16 December 1773 Click here to view a pdf copy of this documet : PDF Copy
The Lords agreed, that the custody of a bastard child belongs, by law, to the mother ; and that a decreet of the Justices of the Peace of Stirlingshire, taking a bastard child, a daughter, from the mother, and putting her under the custody of the father, was erroneous. See 11 New Coll. p. 106; 4 New Coll. p. 19.
Mr Erskine observes, that it does not seem fixed how long parents are bound to aliment their natural children. In the case of a gentleman, the obligation was found to continue till the child was fourteen years of age. See 2 New Coll. p. 97 ; 4 New Coll. p. 19 ; Kilk, p. 22.
The electronic version of the text was provided by the Scottish Council of Law Reporting