Scottish Court of Session Decisions

The Representation of the People (Scotland) Act 1868 (31 and 32 Vict. c. 48), sec. 4, enacts—“Every man shall, in and after the year One thousand eight hundred and sixty-eight be entitled to be registered as a voter, and, when registered, to vote for a member or members to serve in Parliament for a burgh, who is qualified as follows: that is to say … (2) As a lodger has occupied in the same burgh separately, and as sole tenant for the twelve months preceding the last day of July in any year, lodgings of a clear yearly value, if let unfurnished, of ten pounds or upwards.” …

The form of declaration given in Schedule (I) relative to the claim of a lodger is as follows—“I, the above-named hereby declare that I have been, during the twelve months immediately preceding the last day of July in this year the occupier as sole tenant of the above-mentioned lodgings, and that I have resided therein during the twelve months immediately preceding the said last day of July; and that such lodgings are of a clear yearly value, if let unfurnished, of ten pounds or upwards.”

The Registration Amendment (Scotland) Act 1885 (48 and 49 Vict. c. 16), sec. 14, enacts—“In the case of a person claiming to vote as a lodger the declaration annexed to his notice of claim shall for the purposes of revision be prima facie evidence of his qualification.”

At a Registration Court for the Burgh of St Andrews, held at St Andrews on 5th October 1904, Thomas Ireland, cabinetmaker, 23 Market Street, St Andrews, claimed to be enrolled on the register of voters for the Burgh of St Andrews as a lodger.

The particulars of the qualification set forth in the claim, and the relative declaration of the claimant, were as follows:—

“ Christian Name and Surname at Full Length—Thomas Ireland. Profession, Trade, or Calling—Cabinetmaker. Description of Lodgings—Bedroom and use of Public Room. Description of House or Houses in which Lodgings situate, with Number, if any, and Name of Street—Dwelling-house, 23 Market Street, St Andrews. Name, Description, and. Residence of Persons or Person to whom Rent Paid—Mrs Jessie Ireland, Widow, 23 Market Street, St Andrews.

“I, the above-named Thomas Ireland, hereby declare that I have been, during the twelve months immediately preceding the last day of July in this year, the occupier as lodger-tenant of the above-mentioned lodgings, and that I have resided therein during the twelve months immediately preceding the said last day of July: and that such lodgings are of a clear yearly value, if let unfurnished, of ten pounds or upwards.

“ Signature of Claimant, Thomas Ireland.”

Alexander Barr, a voter on the roll, objected to the claim in respect that the claimant did not occupy the rooms separately and as sole tenant.

The Sheriff ( Kincaid Mackenzie) admitted the claim, and at the request of the objector stated a case for appeal.

The facts found by the Sheriff were as follows:—“That the claimant, who was

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the only witness examined, had for the qualifying period under contract with his mother, the said Mrs Jessie Ireland, the right to occupy as a lodger the said bedroom, with board and use of public room, that for this the claimant paid 20s. per week, that there are three rooms in the house and five of a family, that other members of the family use the public room. No evidence was led as to the rental of the house, or as to the value of the bedroom and the use of public room separately, nor was there any evidence adduced that any one but the claimant used the bedroom.” The question of law was—“Whether under the said contract, in the circumstances of the case, the claimant could be held to have occupied separately and as sole tenant, within the meaning of the statute, lodgings of sufficient value?”

Argued for the appellant—The claim was made for bedroom and use of public room, and there was no evidence as to the value of the bedroom, and no finding had been made by the Sheriff as to its value. The sum paid by the claimant was for three things, bedroom, use of public room, and board. The case of Green v. Donaldson, November 29, 1901, 4 F. 245, 39 S.L.R. 186, was conclusive, and the claim should have been disallowed.

No appearance was made for the claimant and respondent.