Scottish Court of Session Decisions

May M'Kean, Yoker ( respondent)presented a petition in the Sheriff Court at Dumbarton for the benefit of the poor's roll for the purpose of prosecuting an action against James Herbison, Dalmuir ( appellant). Mr Andrew Duncan, one of the agents for the poor, acted as agent for the petitioner, and as such signed the petition. On 17th December 1912 the Sheriff-Substitute ( M'Diarmid) remitted “to any two of the agents for the poor to inquire and report as craved,” and on 24th December 1912 Mr Duncan, along with Mr Kenneth S. Mackenzie, another of the agents for the poor, considered the application in the capacity of reporters on the probabilis causa litigandi, and reported as follows

“ Report.—At Dumbarton the 24th day of December 1912. Appeared the defender, with John Lawrie, writer, Clydebank, as agent for him, and in presence of the undersigned agents for the poor, who, after due inquiry into the pursuer's cause, report that the pursuer has a probable cause of action and is entitled to the benefit of the poor's roll.

And. Duncan, Agent for the Poor.

Kenneth S. Mackenzie.”

Thereupon the Honorary Sheriff-Substitute ( Henderson), by interlocutor dated 30th December 1912, appointed Mr Duncan, “one of the agents for the poor, to take charge of the pursuer's cause and conduct the same to its final issue.”

The defender appealed to the Second Division of the Court of Session, and on the case appearing in the Single Bills objected to the admission of the pursuer to the poor's roll on the ground that one of the two reporters on the probabilis causa litigandi who had considered the pursuer's application and reported in favour of her admission was the agent who was acting for her at the time.