Scottish Court of Session Decisions

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 5th 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, William Gray, writer, Sinclair Terrace, Pulteneytown, a voter on the roll, objected to Charles Davidson, farmer, Cogill Watten, being continued on the roll as a voter for the said burgh. The said Charles Davidson stood enrolled as a voter foresaid as owner of houses, Huddart Street, Pulteneytown.

It was objected by the said William Gray that the said Charles Davidson had not possessed for 12 months preceding 31st July 1868 in the character of owner.

The following facts were proved:—The voter is entered in the valuation roll for the year 1868-1869 as proprietor of houses in Huddart Street of the yearly rent or value of £14. The title in his favour is dated 26th June 1868, and his entry is declared to have been at Whitsunday 1868. He resided within seven miles of the burgh for more than 12 months before 31st July, but did not

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occupy any part of the property, the same being wholly in the occupancy of tenants.

I sustained the objection, and expunged the name of the said Charles Davidson from the roll. Whereupon the said Charles Davidson 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 a party acquiring a right as owner to property in a burgh before 81st July in any year entitled to be entered on the roll of voters for the same year; or is possession for 12 months previous to 31st July of that year necessary?”

The Court unanimously adhered to the judgment of the Sheriff, with expenses.