Kirkwood v M'Callum
| Jurisdiction | Scotland |
| Court | Court of Session |
| Judgment Date | 02 November 1874 |
| Docket Number | No. 1. |
| Date | 02 November 1874 |
Lord Ardmillan, Lord Ormidale, Lord Craighill.
FranchiseTenant and OccupantSub-lettingDemitting Possession.
Where the tenant of a house let it furnished for three months in the year, ceding possession to the sub-tenant, but leaving his servant in the house, whose wages he paid, held that he had ceased to retain such occupancy of the house as to entitle him to a vote.
James D. Kirkwood, South Portland Street, Glasgow, a voter on the roll for the county of Bute, objected to Malcolm M'Callum being continued on the roll of voters for the county, as tenant and occupant of a house in Marine Place, Rothesay, in respect that he had let the premises on which he was enrolled for three months during the year preceding the last day of July 1874, and had thus not been occupant for a year as required by law.
The facts as stated in the special case were that Mr M'Callum had let his house as a furnished house for the months of June, July, and August in the years 1873 and 1874, and had ceded possession to the persons to whom it was let, receiving as rent 29 for the three months of each year. Mr M'Callum left his servant in the house, but he resided elsewhere himself during the three months. The servant served the persons who took the house, but Mr M'Callum paid the servant's wages, and he also paid all rates and taxes on the house.
The...
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