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 7th day of October 1868, under and in virtue of the Act of Parliament 31 & 32 Vict., cap. 48, intituled ‘The Representation of the People (Scotland) Act 1868,’ and the other Statutes therein recited, Robertson Campbell, fisherman, Nicolson Street, Pulteneytown, claimed to be enrolled on the register of voters for the said burgh as inhabitant occupier, formerly as tenant, now as husband of owner, Nicolson Street, Pulteneytown, No. 14.

The following facts were proved:—That the claimant has occupied the property, a self-contained dwelling-house, during the statutory period, and that on 11th May last his wife became owner of the property by a deed excluding the jus mariti and right of administration of her husband. John Stewart, coach-clerk, Bridge Street, Wick, a voter on the roll, objected to the said claim, on the ground that he is not entitled to enrolment as owner, in respect that the property belongs to his wife, and his jus mariti and right of administration are excluded.

I admitted the claim of the said Robertson Campbell. 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 a husband is entitled to be enrolled in respect of his wife's property, occupied by him, where his jus mariti and right of administration are excluded?”

The Court adhered to the judgment of the Sheriff.