Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by ALEXANDER TAIT, CLERK OF SESSION, one of the reporters for the faculty.
Subject_2 CLERKS OF SESSION.

Poor John M'Kay
v.
M'Leods

1765. July.

Click here to view a pdf copy of this documet : PDF Copy

Where a pursuer, or defender, on the poor's roll recovers expenses from the other party, the practice is, that in his account he charges the fees which he ought to have paid to the Clerks in the course of the process, and which he would have paid, had he not been on the poor's roll, and these expenses he recovers from the other party, and pays to the Clerks. If it was otherways, the benefit of the Clerks giving down their fees would redound not to the poor man but to the rich. And the Court has repeatedly found, That, where advocates serve a poor man gratis, as being on the poor's roll, in case he prevail, and gets expenses, the advocates are entitled to their fees; and no reason occurs why the same thing ought not to hold with regard to the Clerks; and so the Court found July 1765.

In the same case, they also repelled the objection to the fees of enrolments in the Ordinary's hand roll,—fees with representations,—and with answers, to the Clerk's servants; as being contrary to the regulations 1695, 1696.