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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Young v. Lindsay [1865] ScotLR 1_48_1 (22 November 1865) URL: https://www.bailii.org/scot/cases/ScotCS/1865/01SLR0048_1.html Cite as: [1865] ScotLR 1_48_1, [1865] SLR 1_48_1 |
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Page: 48↓
George Young was tenant and occupant of Belteriro House for the year from Whitsunday 1865 at a rent of £105, and then he became tenant and occupant of the subjects on which he claimed—viz., the mansion-house of Broomley, at a yearly rent of £110. The question of law was whether the claim was legal and valid under the 9th section of the 2d and 3d Will. IV., cap. 65, either per se or when read in combination with the statute 24 and 25 Vict. cap. 83, sec. 42? The Sheriff decided that the claim was not valid under either alternative, and rejected it.
evil
that a difference was made in the Act between burgh and county voters. Therefore in regard to the Reform Act of 1832 he could not arrive at any other conclusion than that the successive holding of the qualification of a county voter was not sufficient under the statute; and all the Registration Courts in Scotland had for thirty or forty years concurred in coming to that conclusion. Nor by the County Voters Act of 1861 was any change introduced, or intended to be introduced. The object of section 42 was to provide a remedy for an
evil, not to change the essential nature of the qualification. He therefore moved that the appeal be dismissed and the Sheriff's decision sustained.
Page: 49↓