Poor's-roll

Poor's-roll, in the practice of the law of Scotland, means the list of poor persons who are litigants, but unable to pay the expenses of litigation, and therefore are allowed to sue in formâ pauperis. This privilege is only granted on production of a certificate by the minister of the parish and two elders, setting forth his circumstances to their own knowledge and his general poverty. Notice is given of this to the adverse party, who is allowed time to inquire and oppose the application. Where the applicant is not in Scotland he may make a declaration of poverty before a magistrate—e.g. in Ireland. When the court is satisfied of the poverty the next thing is for the court to remit the matter to the reporters appointed by the Faculty of Advocates, who report whether there is a probabilis causa—i.e. a plausible cause of action. If this report is made it is considered conclusive, and the party is put on the poor's-roll. This warrant remains in force for two years, and during that time the pauper is exempt from all fees of court, and has the gratuitous services of counsel and agents, whose names appear on a list made by the Faculty of Advocates and other legal bodies. This provision for enabling paupers to carry on litigation is unknown in England or Ireland; for though a party may also be allowed there to sue in formâ pauperis, no provision is made by the court for giving him the gratuitous services of counsel and attorney. There is also a list of poor's counsel in the High Court of Justiciary. By an old custom a panel charged with murder may claim the gratuitous services of the Dean of Faculty. See IN FORMÂ PAUPERIS.