Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR DAVID DALRYMPLE, LORD HAILES.
Subject_2 PUBLIC OFFICER.
Subject_3 Statute 1696, cap. 26. - In the election of a Parochial Schoolmaster, Heritors who, by their title-deeds, are liable in payment of cess and parish burdens, have a title to vote, whether their lands stand separately valued on the cess-roll or not. The liferenter, in the right of voting, preferred to the fiar.

William Toshack
v.
Alexander Smart

Date: 18 July 1771

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[Fac. Coll. V. 286; Dictionary, 13,134.]

Auchinleck. It is a strange idea that no man can have a vote in the election of a schoolmaster unless his valuation is separate in the cess-books. In the choice of a member of Parliament, a certain valuation is required to entitle a man to a vote. In the division of commonties, it is necessary to know the valuation, in order to ascertain the portion to be allotted to every one having interest: here it is admitted, that the voters are heritors, and that they paid cess. No more is required.

Kennet. The rule is well laid down in the case of Kirriemuir.

Coalston. I even think that the same ought to be the determination, although the authors of the parties had been bound to relieve them of the cess. All are entitled to vote who have a valued rent.

Auchinleck. All small heritors, just as mites in a cheese, are our fellow-creatures.

On the 18th July 1771, “The Lords found, that every heritor or proprietor of lands and houses in the parish of West Kirk, who, by his title-deeds, is liable in payment of cess and parish burdens, has a title to vote in the election of a schoolmaster of said parish, whether such heritor's lands stand separately valued on the cess-roll or not: Found that, in the case of a liferenter or fiar, the liferenter has a right to vote on the liferented subjects, and not the fiar;” adhering to Lord Monboddo's interlocutor.

Act. A. Belches. Alt. J. M'Laurin.