Rutherford v Wilson
| Jurisdiction | Scotland |
| Judgment Date | 20 October 1873 |
| Docket Number | No. 2. |
| Date | 20 October 1873 |
| Court | Court of Session |
Lord Ardmillan, Lord Ormidale, Lord Benholme.
County Franchise—Statute 24 and 25 Vict. c. 83 (County Voters Act), secs. 8, 44, and schedule B, No. 1—Assessor's List—Designation of Voter—
A person was entered in the assessor's list as having become entitled to vote in a county in respect of an ownership qualification. The column ‘place of abode’ was filled up ‘skinner, Liverpool.’ A notice of objection posted to that address was returned from the post-office as ‘not found.’ Objection that the voter was not sufficiently designed (dub. Lord Ormidale) repelled.
William Rutherford, writer, Galashiels, a voter on the register of voters for the county of Roxburgh, objected to the name of ‘John Paterson Wilson, skinner, Liverpool,’ who was entered on the assessor's list of persons entitled to vote in the election of a member of Parliament for the county as ‘proprietor of houses, Haliburton Place, Galashiels, in the parish of Melrose,’ being entered on the register of voters, on the ground that the ‘place of abode’ of the person objected to was not sufficiently described, being only ‘skinner, Liverpool,’ and an envelope addressed to him with that address, containing a notice of the objection, with the post-office marks of Galashiels and Liverpool, was produced, which had been returned to the objector by the post-office, with a marking on it ‘not found.’ It was explained by the assessor that John Paterson Wilson was one of the workmen in the employment of Messrs Sanderson and Murray, and had gone with several others of their work-men to Liverpool, where they established their skinnery works shortly after the destruction of their premises at Galashiels by fire, which took place in April or May last.
There was produced on behalf of John Paterson Wilson, by an agent attending the Registration Court, a disposition by Robert Mechie in favour of Mr Wilson, described as ‘residing at Buckholm Mill Cottages, Galashiels,’ of the said houses, for a price of £435, dated 16th July, and recorded in the Register of Sasines at Edinburgh 18th July 1872.
The Sheriff repelled the objection, holding that in the circumstances the description was sufficient, and that the objector could have had no difficulty in ascertaining, if necessary, the particular address in Liverpool of Mr Wilson.
The question of law for the Court of Appeal was, whether the description of the place of abode in the assessor's list...
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