Scottish Court of Session Decisions

Subject_1Poor
Subject_2Admission to Poors'-Roll
Subject_3Act of Sederunt 21st Dec. 1842, secs. 2 and 3
Subject_4Declaration of Poverty — Procedure to be adopted where Applicant is unable from Bodily Injuries to Appear before the Minister and Elders and Emit a Declaration. Headnote:

Alexander Clapperton, residing at No. 7 Spence Place, Edinburgh, having been run over by an omnibus belonging to the Edinburgh Tramways Company, and being desirous of obtaining admission to the benefits of the poors'-roll to enable him to raise an action of damages against the Company, applied to the Session-Clerk of St Cuthbert's Parish (in which parish he was resident) requesting that a meeting of the minister and elders of the parish should be held within his house for the purpose of taking his declaration of poverty in terms of the Act of Sederunt 21st December 1842, which enacts Sec. 2—“That no person shall be entitled to the benefit of the poor's—roll unless he shall produce a certificate under the hands of the minister and two elders of the parish where such poor person resides, setting forth his or her circumstances according to a formula hereto annexed (Schedule A).” Sec. 3—“That if the party's health admit of it, he or she shall appear personally before the minister and elders, at the time and place to be appointed by them, to be examined as to the facts required by said formula.”

He produced a medical certificate to the effect that he was unable to leave his own house to appear before the minister and elders.

The request having been refused by the session-clerk, who acted on his own responsibility in the matter, Clapperton presented this petition praying the Court “that the minister and elders of the parish of St Cuthberts be ordained to hold a meeting within No. 7 Spence Place, Edinburgh, for the purpose of taking the declaration of poverty in terms of the Act of Sederunt 21st June 1842.”

It was stated at the bar that regular meetings were held by the Kirk-Session for the purpose of meeting with poor persons applying for such certificates; that the parish contained 85,000 parishioners, and the parochial duties were very heavy, and therefore it was not expedient that such an additional duty as would be involved in such special meetings as was here applied for should be imposed.

The Court, without pronouncing any order, intimated that they were of opinion that the request was a reasonable and proper one, and ought to be complied with.