Scottish Court of Session Decisions

Subject_1Poor Roll
Subject_2A.S., 21st Dec. 1842, secs. 2 and 3, Schedule A
Subject_3Appearance of Applicant before Minister and Elders of Parish
Subject_4Certificate of Minister and Elders. Headnote:

Michael Flynne was an applicant for admission to the poor roll. He received an injury on 1st August 1881, while working in the parish of Lasswade, which caused the loss of a leg, and the proposed action was one of damages against his employer for alleged culpa on his part resulting in that injury. After the accident he removed to his native country, Ireland, and resided in County Mayo. In this note he alleged that he was in poverty and in weak health, and unable to travel to Scotland for the purpose of appearing before the minister and elders of Lasswade to emit the declaration required by the 2d and 3d sections of the Act of Sederunt. He further stated that due intimation of the note had been made to the defender in the proposed action. He craved the Court to permit him in these circumstances “to appear before Standish M'Dermott, Esq., resident magistrate, Cloongee, Texford, County Mayo, and emit the declaration or statement as prescribed by the said Act of Sederunt, and upon this being done and upon a certificate, in or as nearly as may be in, the form of Schedule A, under the hands of the said Standish M ‘Dermott, being produced, to hold that the intimation given to Archibald Hood the defender, and the declaration or statement before the said resident magistrate, are a sufficient compliance with the said requirements of the said Act of Sederunt.”

It was stated at the bar that the resident magistrate above named had written a letter to the applicant's agent stating that he knew the applicant, and was willing to give the required certificate if the Court thought fit.

The applicant referred to Rattray, 8th July 1824, 3 S. (n.e.) 163; M'Kellar, 15th July 1863, 1 Macph. 1114; Carrigan, 17th Nov. 1881, 19 Scot. Law Rep. 118.

The Court in the special circumstances of the case granted the prayer of the note.