Scottish Court of Session Decisions

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URL: http://www.bailii.org/scot/cases/ScotCS/1865/01SLR0048.html
Cite as: [1865] SLR 1_48, [1865] ScotLR 1_48

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SCOTTISH_SLR_Court_of_Session

Page: 48↓

Court of Session Inner House Second Division.

Appeals from Dumbartonshire.

Wednesday, Nov. 22. 1865

1 SLR 48

Kennedy

v.

Donaldson.
Headnote:

The voter is vested by assignation in certain of subjects in Alexandria, held under sub-lease for 93 years from Whitsunday 1785, of the free yearly value of upwards of £10. The voter is not in the actual occupation of any of the subjects. The question of law is—Whether he is entitled to be retained on the register under the 9th section of the statute, 2d and 3d Will. IV., cap. 65? The Sheriff decided that he was not, and that his name should be deleted from the register accordingly.

Judgment:

Lord Ormidale said that he thought that this case came under the proviso in the Act in question, “that no sub-tenant or assignee to any sub-lease for fifty-seven or nineteen years shall be entitled to be registered or to vote in respect of his interest in such lease, unless he shall be in the actual occupation of the premises thereby set.” He therefore thought that the Sheriff's decision should be sustained.

Lord Kinloch concurred. The appeal was therefore dismissed, and the question of expense was reserved.

1865

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