Scottish Court of Session Decisions

In an action raised by Gordon of Cluny, against—Miller, a road-overseer, defences were lodged, a record was made up, and an issue was framed for a trial by jury. Miller then presented a petition for the benefit of the poor's roll, on which the lawyers for the poor reported that there was a probabilis causa, but that Miller was in the receipt of weekly wages, amounting to £96 per annum. Gordon objected that his application was, on that account, inadmissible, and that in various cases an application had been rejected where the income was much smaller. ¹ Miller answered that every such application must be decided upon its own circumstances, and that the circumstances of this case were special. He had an extent of roads under his charge, amounting to upwards of 300 miles. In surveying these, it was necessary for him generally to use a horse, to be absent from home for five or six days of the week, and to live at inns. His necessary personal expenses thus amounted to more than half of his income, and unless he regularly travelled and incurred all these, he would lose his employment. He had a wife and three children to support. He had not, however, applied for the poor's roll, so soon as he was brought into Court, but had proceeded in defending himself until on the eve of a jury trial. He was now quite unable to proceed farther in his defence, unless he was allowed the benefit of the poor's roll.

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1 Wallace, June 11, 1823 (ante, II. 391, or 348, new ed.); Hunter, Dec. 11, 1829 (ante, VIII. 223); Drysdale, Dec. 19, 1829 (ante, VIII. 276).