Scottish Court of Session Decisions

David Macfarlane applied for a remit to the reporters, with the view of obtaining the benefit of the poor's roll. The application was made with a view of enabling him to bring an appeal from an interlocutor of the Sheriff of Forfarshire in an action of damages for injury to the person raised at his instance against William Thomson.

Thomson opposed the application, and stated that during the proof in the Sheriff Court, Macfarlane had stated that he earned thirty-seven shillings a week, and that he could earn twice that sum when on piece-work. Since his recovery from the accident Macfarlane had been earning thirty-five shillings a week, and a certificate from his employers to the effect that he had been earning thirty-five shillings a week up to the date of the appeal was produced. In these circumstances, and on the authority of the case of Snaddon, June 9, 1883, 20 S. L. R. 648, the respondent maintained that Macfarlane was not a person entitled to the benefits of the poor's roll. Macfarlane replied that although it was true that he was earning thirty-five shillings a week, all the balance above £1 had been arrested at the instance (1) of the agents of Thomson for payment of their expenses, and (2) by his own agents for payment of their account, for which they held a decree. The poor's agent in Dundee was now acting on his behalf. On these facts Macfarlane argued that Thomson was not entitled to oppose the application, as they had themselves been the cause of his poverty.

The Court pronounced this interlocutor:—

“Remit to the reporters, and instruct them to inquire and report their opinion as to whether the case of poverty has been substantiated.”