Scottish Court of Session Decisions

Lord Justice-Clerk—My Lords, this is a question as to the admission of the petitioner to the poor's-roll. Now, the meaning of that is, that the party who gets the benefit of the poor's-roll is to be allowed to litigate on a footing different from that of ordinary litigants, in respect that the services of counsel and agents are obtained gratuitously. I am not aware that such an application has ever been granted without a remit to the reporters on probabilis causa litigandi, and a report by them in favour of granting the application. This case went to the reporters in due course by remit from your Lordships, but the reporters refused the application. On a statement made to us it was again remitted, with a like result. Now, the course I understand your Lordships are now about to take will not prevent any future action by the petitioner—the Court simply refuses to entertain the present application, and to question or inquire into the decision of the reporters.

Lord Neaves—I abstain from any opinion on the merits; but we have here the decision of the reporters on probabilis causa—gentlemen who are anxious to do their duty—and they report that they are not satisfied that any probable cause has been made out. The condition of admission to the poor's-roll is the obtaining of a favourable report from the reporters, and if that condition is not satisfied then that mode of coming into Court is closed to the applicant. It is so here, and we have no jurisdiction to review the reporters' decision unless there were allegations of gross miscarriage of justice or neglect, which there are not.

Lord Ormidale—I am of the same opinion. I consider it a considerable hardship to a litigant to have opposed to him a person who has the benefit of the poor's-roll, and can set all the machinery of the Court at work against him without expense. Now, I heard the statement read to the Court by the petitioner, and I listened to it with the utmost attention, but I heard nothing which would induce me to give further investigation.

Lord Gifford—I concur. Only in case of a gross miscarriage of justice or failure of duty could the Court interfere with the decision of the reporters on probabilis causa. There is nothing of that kind here. I am for adhering entirely to the reporters' decision. The condition on which admission to the poor's-roll can be granted has not been complied with.