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 & 32 Vict., c. 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 Flett, merchant, Louisburgh, Wick, being continued on the roll as a voter for the said burgh. The said John Flett stood enrolled as a voter foresaid, as tenant and occupant of house and shop in Louisburgh.

It was objected by the said John Stewart that the said John Flett is not tenant and occupant. The said John Flett is entered in the burgh valuation rolls for 1867–1868 and for 1868–1869 as proprietor, tenant, and occupant of house of the yearly rent or value of £10, and of shop and workshop of the yearly rent or value of £9, 10s., all in Louisburgh.

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The following facts were proved:—That Major William Macleay held an assignation to a tack of the subjects for ninety-nine years from 1791; that voter has possessed since 1829, and paid Is. a year of tack-duty, and paid all other burdens as owner; that he has no title in his own person except an unstamped letter from the late Mr Robert Rose, who was agent for Alexander Macleay, the eldest son, and Catherine Macleay, a daughter of Major Macleay of which the following is a copy:—‘ Wick, 20 th November 1829. Sir.—As authorised by Miss Macleay, and as acting for the Honourable Alexander Macleay, Colonial Secretary for New South Wales, I hereby acknowledge to have received from you the sum of £25, and a bill accepted by you at six months after date for the like amount, in payment of the price of that house and piece of ground acquired by the late Provost Macleay from Donald Robb, and situated in Louisburgh, and now sold to you by Mr Macleay,—it being understood that you are to get a regular assignation to the said piece of ground and lease thereof. Your entry to the premises to be at Whitsunday next, and the expense of the conveyance to be paid by you, as well as the rent stipulated by the conveyance to Provost Macleay for the remainder of the lease. I am, Sir, your obt. servt. (Signed) Rob. Rose. Mr John Flett, joiner, Louisburgh. P.S.—The conveyance to Provost Macleay, and other titles, are now delivered to you. (Signed) R. Rose.’

I repelled the objection, and continued the name of John Flett 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—Is the voter entitled to be registered as tenant under the Statutes.”

Black, for the appellant, maintained that tenancy had not been proved except by an unstamped letter.

The Court, without calling for an answer, adhered.