Scottish Court of Session Decisions

The Act of Sederunt of 21st December 1842 provides, 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.”

James Forrest, a private in the 17th Lancers, stationed at Meerut, India, presented the following note to the Court:—“My Lord Justice-Clerk—The said James Forrest is desirous of applying for the benefit of the poor's roll to raise an action in the Court of Session against his wife.

“He is, and expects to be, for the next two years or so, with his regiment in India. On that account he cannot obtain the usual certificate of poverty from the minister and elders of a Scottish parish required by the Act of Sederunt of 21st December 1842. He is, however, a domiciled Scotsman.

He desires to make a declaration of poverty before the chaplain of his regiment, or any other suitable person.

May it therefore please your Lordship to move the Court to remit to the chaplain for the time being ministering to the 17th Lancers, to receive the said James Forrest's declaration of poverty, and, if so advised,

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to grant him a certificate of poverty in usual form, or to do otherwise as to your Lordships may seem good.”

There was no opposition, and the Court, without delivering opinions, granted the prayer of the note.