Margaret Bremner v The Union Bank of Scotland

Life was tough for most people in Victorian Orkney, apart from the few who were wealthy. This was certainly hard times for unmarried women who had children outwith wedlock.

Margaret Bremner of Hoy found herself pregnant to local sailor, Alexander Mowat. When he refused to pay any aliment towards the upkeep of the child, Margaret had to resort to taking her case to Orkney’s Sheriff Court.

She first petitioned the court in May of 1890 . Acting on her behalf was the solicitor W.P. Drever, Kirkwall.

“during the month of February eighteen hundred and eighty four the defender [Mowat] had carnal connection with the pursuer [Bremner] on two occasions and within her room at the new steading of Orgill Farm, Hoy.

Margaret was a domestic servant and in her early thirties. As a result of having sex with Andrew Mowat a baby was born on 26 November 1884. The baby girl lived for only a few months and died on 29 April 1885.

The on/off relationship continued between Margaret and Andrew (he may have been away at sea for months at a time), and after a promise of marriage he became a frequent caller at her father’s house, Too Fea (Tuffiea) , Hoy where she was now living and working.

In the barn at Too Fea on the evening of 29 January 1889, a ‘carnal connection’ again took place. As a result a baby boy was born on 29 October 1889.

Margaret was having to take Andrew to court because he had paid nothing towards the upkeep of the boy. The costs were mounting up – not just for medical fees but for the legal case.

Inlying expenses for the two births amounted to £1 10 shillings each. Margaret was also claiming £4 sterling per year for 7 years for the boy’s upkeep from October 1889, and with the provision that this would increase to £5.

In Orkney the level of aliment awarded for the upkeep of illegitimate children was on a scale, set by the Sheriff, and related to the father’s income. £4 was the usual amount fishermen, labourers, and farmworkers were required to pay.

By May 1891, with no payments being made, Margaret then took not just Andrew Mowat to court for non payment, but also the Union Bank of Scotland in Stromness.

On 7 June 1890 Mowat’s funds, all his goods and gear (£50) were seized by Sheriff Officer John Begg. Mowat had been declared a Common Debtor and his seized money was in the Union Bank of Scotland. The solicitor was petitioning to get the bank to pay up what she was owed. The auditors found in Bremner’s favour. Her total bill now being owed to her so far, including the fees for the legal proceedings came to £19, 7 shillings, and 8 pennies.

This case was followed in the local papers. The Orcadian, 27 February 1892, reported that since 1880 there had been in Orkney 71 actions at the Sheriff Court for filiation and aliment for illegitimate children. In 40 cases the £4 annual payment was made for the first 7 years. In 22 cases £5 was paid for 1 year, followed by £4. In one case the amount payable was £3. For male twins born, £3 was awarded for each boy. A coachman had to pay aliment of £7 and in one undefended case the father paid £7, 16 shillings per year.

Sheriff Armour was not pleased that Bremner had won her case against the bank which he said was ‘greatly to be deplored’, and didn’t like that she had wanted it increased to £5. He declared that payment need only be until the child reached the age of 7 because after that it would be able to find employment. Only a month earlier in January he had praised a man who had denied paternity when his case of aliment came up in the court, but who agreed to pay up the £5 per annum so as not to fall into ‘the hands of the lawyers.’

It appears that Margaret Bremner never married. She continued to live and work at her father’s farm at Too Fea. After her father’s death, her son Andrew took on the farm with his mother and a growing family of her grandchildren living there too.

The Union Bank of Scotland, 97 Victoria Street, Stromness, became a Bank of Scotland branch in 1955.