Scottish Court of Session Decisions

A B presented a petition for the poors' roll, which was intimated in common form. The applicant then moved that it be remitted to the lawyers for the poor. The opposite party objected that, on the face of the petitioner's declaration, he had stated himself to be in possession of an income of about £90, so that he was not entitled to the benefit of the poors' roll, whether he had a probabilis causa litigandi or not. The applicant answered, that this was not the proper stage for an enquiry into his circumstances; that, there being no objection to the regularity of the procedure, the petition should now be, de plano, remitted, and the lawyers for the poor would take into view whether his poverty was sufficiently established when they made their report.