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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Stewart v. Cuthbert [1868] ScotLR 6_44_1 (26 October 1868)
URL: http://www.bailii.org/scot/cases/ScotCS/1868/06SLR0044_1.html
Cite as: [1868] ScotLR 6_44_1, [1868] SLR 6_44_1
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SCOTTISH_SLR_Court_of_Session
Page: 44↓
Court of Session Inner House Second Division.
v.
Act. Clark, Shand, and Black.
Alt. Gifford and Mackintosh.
Facts:
Circumstances in which held (affirming judgment of the Sheriff) that a gas manager, who occupied a house belonging to the company and who stood already on the roll, was entitled to be continued on the roll.
The following special case was stated in this appeal:—“At a Registration Court for the burgh of Wick, held by me at Wick on the 3d day of October 1868, under and in virtue of the Act of Parliament 31 and 32 Vict., cap. 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 Cuthbert, gas manager, Burn Street, Pulteneytown, being continued on the roll as a voter for the said burgh. The said John Cuthbert stood enrolled as a voter foresaid, as tenant and occupant of house.
It was objected by the said John Stewart that the said John Cuthbert was not tenant. The said
Page: 45↓
John Cuthbert is entered in the valuation roll for the year 1867–68 as occupant of a house in Burn Street of the yearly rent or value of £6, and in the valuation roll for the year 1868–69 as tenant and occupier of a house in Burn Street of the same yearly rent or value. The following facts were proved:—The claimant is gas-manager in Pulteneytown, and a servant of the gas company, engaged at so much per annum. He occupies a house belonging to the Gas Company, which is considered part of his remuneration. There is no written agreement regarding it. If he had not got a house he would have had larger money payment. There was nothing, so far as the voter knew, in his agreement with the Gas Company, empowering the Gas Company to remove him at will; neither was there anything to the contrary. On the death of his predecessor, his family occupied the house till the next term.
I repelled the objection, and continued the name of the said John Cuthbert 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 Mr Cuthbert is to he regarded in law as tenant?”
Shand, for the appellant, admitted that this case was ruled by the previous cases of bank agents.
The Court unanimously affirmed the judgment of the Sheriff.
Agents for Appellant— Hughes & Mylne, W.S.
Agents for Respondent— Mackenzie & Black, W.S.