Scottish Court of Session Decisions

Subject_1Poor-Roll
Subject_2Certificate
Subject_3Where Kirk-Session in Abeyance
Subject_4Act of Sederunt, 21st December 1842, sees. 2, 3, and 4.
Facts:

Mrs Jemima Morgan or Carrigan was an applicant for the benefit of the poor-roll. She belonged to the Old Kirk Parish of Edinburgh, the kirk-session of which was at the date of her application in abeyance. She was in consequence unable to produce a certificate from “the minister and two of the elders of the parish,” in terms of sections 2, 3, and 4 of the Act of Sederunt, 21st December 1842. She, however, produced a certificate by the minister and two of the elders of the High Kirk, which was the kirk in which the banns of marriage of parishioners of the Old Kirk were in use to be proclaimed. This certificate was in the usual form, but added that the statements in it were made on the authority of the Rev. Charles Wedderburn, minister of the Cowgate Free Kirk, at whose kirk the applicant worshipped. In the circumstances the Court dispensed with the Act of Sederunt, and remitted the applicant to the reporters on the probabilis causa litigandi.