Scottish Court of Session Decisions

Lord President—The case of Hunter is a decision in this Division, and admittedly directly applicable. The more recent cases in the other Division seem to have been determined with regard to specialities, and here there is nothing to assimilate this case to those special cases, and to distinguish it from the general rule laid down in Hunter.

Lord Adam—I am of the same opinion. I think the case of Hunter is directly in point, and I am prepared to follow it.

Lord M'Laren—As long as a pursuer is maintaining himself by his own labour, however poor he may be, he cannot be required to find security for expenses. But I think such a case may be distinguished from that of the declared pauper who is supported by public funds, and I see no reason for departing from the judgment which seems to have been very carefully considered in this Division, and which is to the effect that a man who is a declared pauper must submit to the condition of going upon the poor's roll, or otherwise of finding caution.

Lord Kinnear—I agree that we are bound by the decision in Hunter. It lays down the general rule that a pursuer who is in receipt of parochial relief must sue in forma pauperis. I therefore agree with your Lordships that we must grant the motion and allow the pursuer an opportunity of applying for the benefit of the poor's roll in deference to that decision.