Scottish Court of Session Decisions

The Act of Sederunt of 21st December 1842, sec. 2, enacts—“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).”

David Farquhar Serrells, driver in the Royal Field Artillery (No. 147th Battery), stationed at Aldershot, England, presented to the Lord Justice-Clerk a note stating —“The said David Farquhar Serrells is a domiciled Scotsman, and is desirous of applying for the benefit of the poor's roll for the purpose of raising an action in the Court of Session against his wife Mrs Catherine Clapperton or Serrells, residing at No. 60 High Riggs, Edinburgh. He is and expects to be for an indefinite period at Aldershot, where his regiment is stationed. 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 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 Royal Field Artillery to receive the said David Farquhar Serrells' declaration of poverty, and, if so advised, to grant him a certificate of poverty in usual form.…”

Counsel for the petitioner, in moving the Court to grant the prayer of the note, cited in support of the motion Forrest, 1907 S.C. 435, 44 S.L.R. 315.

The petitioner's wife opposed the motion, and argued that if the declaration were allowed to be made in England she would thereby, as she had no means, lose the opportunity of objecting to it which the Act of Sederunt, sec. 4, contemplated she should have.