Scottish Court of Session Decisions

The following special case was stated in this

Page: 44↓

appeal:—“At a Registration Court for the burgh of Wick, held by me at Wick on the 7th 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, James Aird, labourer, Coach Road, claimed to be enrolled on the Register of Voters for the said burgh, as inhabitant occupier, as tenant of a dwelling-house in Coach Road, Wick.

The following facts were proved:—In 1855 the Magistrates of Wick, in virtue of the ‘Act for the Valuation of Lands and Heritages in Scotland 1854,’ in appointing the assessor, instructed him to omit the names of all tenants and occupants of subjects under £4 of yearly value, and in consequence the Parochial Board did not assess such tenants and occupants for relief of the poor, Wick being a parish in which poor-rates are levied. The claimant being tenant of a dwelling-house at £2, 15s. of yearly rent, was not assessed for, and had not paid or tendered payment of poor-rates; he had as tenant occupied for the statutory period, and the subjects possessed by him were not part of a house, but a self contained dwelling-house, having only one door to the street, by which no other tenant had right of entry.

John Stewart, coach-clerk, Bridge Street, Wick, a voter on the roll, objected to the said claim, on the ground that the claimant has not been rated to the relief of the poor.

I admitted the claim of the said John Aird. 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;—Is assessment for relief of the poor an essential condition of the Burgh Tenancy Franchise under ‘The Representation of the People (Scotland) Act 1868’?”

The Court affirmed the judgment of the Sheriff, admitting without disscussion.