Maciver [1907] ScotLR 473 (20 February 1907)

The Court has discretion to remit the taking of a declaration and certificate of poverty to a local minister and elders when the applicant's physical condition and distance from the parish church make the usual procedure impracticable.

Source-derived case information.

Citation: [1907] ScotLR 473
Parties: Applicant: Mrs Catherine Maclver; Respondent: Angus Maclver
Jurisdiction: Scotland
Judgment Date: 20 February 1907
Procedural Posture: Application for Admission to Poor's Roll / Motion for Special Procedure
Outcome: application granted
Legal Topics: Poor's Roll, Certificate of Poverty, Act of Sederunt 1842, Special Procedure for Bedridden Applicant

Civil Procedure Social Welfare Law Poor's Roll Certificate of Poverty Act of Sederunt 1842 Special Procedure for Bedridden Applicant

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Parties

Mrs Catherine Maclver

Applicant

Angus Maclver

Respondent

Procedural Posture

Application for Admission to Poor's Roll / Motion for Special Procedure

Legal Issues

1 Whether the Court can remit the taking of a declaration and certificate of poverty to a minister and elders other than those of the parish church when the applicant is bedridden and distant from the parish church.

Ratio Decidendi

Court Disposition

application granted

Orders

Remit to Reverend Duncan Macleod, United Free Church minister at Carloway, and two members of his kirk session to receive the applicant's declaration of poverty and, if so advised, grant her a certificate in the usual form.

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