Scottish Court of Session Decisions

“At a Registration Court for the burgh of Wick, held by me at Wick on the 6th day of October 1868, under and in virtue of the Act of Parliament 31 and 32 Vict., c. 48, intituled, ‘The Representation of the People (Scotland) Act 1868,’ and the other Statutes therein recited, John Stewart, coach-clerk, Bridge Street, Wick, a voter on the roll, objected to John Phimister, fish-curer, Willow Bank, being continued on the roll as a voter for the said burgh. The said John Phimister stood enrolled as a voter foresaid, as tenant and occupant of cooperage and stores.

It was objected by the said John Stewart that the said John Phimister is not tenant. The said John Phimister is entered in the burgh valuation-roll for the year 1867–68 as tenant and occupier of cooperage and stores' in High Street, under Mrs George Phimister, at a yearly rent of £9, and of a store, also in High Street, under John Cleghorn, at a rent of £9; and in the roll for the year 1868–69, he is entered as tenant and occupant of cooperage and stores in High Street, under Mrs Phimister, at a rent of £9, and of a store under John Cleghorn at a rent of £7.

The following facts were proved:—That the cooperage in High Street belonged to the voter's father, who died intestate ten years ago; that the voter was his eldest son. He was then a minor, and on attaining majority did not, and has not, disturbed his mother's possession, and he agreed to pay, and does pay, a yearly rent to his mother for that cooperage and store. He has never conveyed the property to her, or to any one.

I repelled the objection, and continued the name of the said John Phimister on the roll. Whereupon the said John Stewart required from me a special case for the Court of Appeal, and in compliance therewith I have granted this case.

The question of law for the decision of the Court of Appeal is,—Whether the state of facts makes the voter's holding of the cooperage and store other than tenancy?”

The Court affirmed.