Scottish Court of Session Decisions

Subject_1 SUMMARY APPLICATION.

Paul, Petitioner

Date: 3 March 1803
Case No. No. 24.

Summary application for the benefit of the poor's roll, refused to a person possessed of an heritable subject.

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A petition was presented to the Court in the name of Joseph Paul, an infant, apparent heir of the late James Paul, with concurrence of Isobel Purves, his mother, praying for the benefit of the poors' roll, in an action for a warrant to sell against the heir next in succession.

The whole funds of the family consisted of a small heritable subject, upon which there were debts to the amount of one-fourth of its value. But, by a sale some reversion of the price might remain for the education and maintenance of the family, which however would almost be exhausted, if the expenses of an action of sale-were to be incurred.

When the petition was moved, doubts were suggested by the Court with respect to the propriety of granting the benefit of the poor's roll in an action of this nature, where the possession of heritable property seemed inconsistent with the notion that the petitioner was a pauper.

A note was thereafter presented to the Court, stating the urgency of the case, and the total inability of the family being supported without the aid of the poor's s funds of the parish.

But the Court conceiving it to be a dangerous precedent to admit any one who was in possession of an heritable subject to the benefit of the poor's s roll, refused the petition.

For petitioner, Reddie. Agent, Hay Donaldson, W. S. Clerk, Menzies. Fac. Coll. No. 93. p. 207.