Scottish Court of Session Decisions

The following special case was stated by the Sheriff:—“At a Registration Court for the county of Wigtown, held by me at Stranraer on the 2d 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, Thomas M'Credie, Stewarton, Kirkcolm, claimed to be enrolled on the register of voters for the said county, as owner of dwelling-houses, gardens, and pertinents, Stewarton, Kirkcolm. The claimant produced in support of his claim charter of nmodamus by John Carrick Moore, Esq., in favour of the claimant, dated 14th December 1867, proceeding on the narrative of which a copy is hereto subjoined. On that narrative Mr Moore disponed of new to the claimant, and his heirs and assignees whomsoever, heritably and irredeemably, the subjects claimed on. Part of the subjects is entered in the valuation roll for the current year, and also for last year, in name of the claimant, but the part so entered is not of sufficient value. The remaining portion of the subjects claimed on were entered in the valuation roll in the name of Grace M'Credie, the claimant's sister, until the present year, when the said remaining part of the subjects was entered in the claimant's name in the valuation roll 1868–9, at the request of Grace M'Credie. According to the entries of value in the

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valuation rolls applicable to the different parts, the whole are of the requisite value. John Maitland, gentleman, Balgreggan, a voter on the roll, objected to the said claim, on the ground that the claimant has not a sufficient title to the subjects claimed on.

I admitted the claim. Whereupon the said John Maitland 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 the claimant has a sufficient title to the subjects claimed on, although not entered as owner of the whole in the valuation roll for the year ending at Whitsunday last 1868?”

The Court affirmed.