Scottish Court of Session Decisions

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URL: http://www.bailii.org/scot/cases/ScotCS/1872/09SLR0463.html
Cite as: [1872] SLR 9_463, [1872] ScotLR 9_463

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SCOTTISH_SLR_Court_of_Session

Page: 463↓

Court of Session Inner House Second Division.

Wednesday, May 22. 1872.

9 SLR 463

M'Alley, Petitioner.

Subject_1Poor's Roll.

Facts:

Held that an applicant for the benefit of the poor's roll, who adduced no evidence as to his circumstances but his own statement, and was alleged by the kirk-session to be a person unworthy of credit, must prove his poverty in some other manner satisfactory to the Court.

Headnote:

This was a petition by William M'Alley, residing at Cupar Fife, for admission to the benefit of the poor's roll, with a view to enable him to raise an action in the Court of Session. The petitioner produced a certificate from the kirk-session of Cupar, containing his own declaration as to his circumstances, unsupported by farther evidence, and a statement by the members of the kirk-session that they regarded him as a person unworthy of credit. The petitioner admitted that his earnings as a tile-maker amounted to 16s. per week during five and a-half months of the year; that during the remainder of the year he earned about 12s. a week by letting lodgings; and that his wife, from whom he was separated, and his adult children, were not maintained by him.

Kirkpatrick for the petitioner.

Asher and Millie for the respondents.

At advising—

Judgment:

Lord Justice-Clerk—The applicant cannot obtain the benefit of the poor's roll unless he establish his poverty in some satisfactory manner. The kirk-session report that his credibility is not to be relied on, and we therefore cannot grant his petition on his own ex parte statement. Assuming, however, the applicant's statement to be true, I should be inclined to hold that his circumstances are not such as to entitle him to be admitted to the poor's roll.

The other Judges concurred.

Solicitors: Agent for Petitioner— R. A. Veitch, S.S.C.

Agents for Respondents— Leburn, Henderson, & Wilson, S.S.C.

1872

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