The office of the schoolmaster in the parish of St. Cuthbert's became vacant. In the election of an assistant schoolmaster for the parish, two questions occurred as to the right of voting. The pursuer, Mr. Toshach who participated in the election, maintained that all the heritors whatsoever, who were liable in payment of cess and parish burdens, had a right. The defender, on the other hand, maintained that the right was reserved only to such heritors as were separately valued on the cess-roll. To decide this issue the Lords looked at the terms and meaning of the Act of 1696, c. 26. for the settling of schools. The pursuer also argued that the liferenter, whilst the defender affirmed that the fiar, had the preferable right of voting. The Lord Ordinary found the liferenter "has a right to vote, and not the fiar.”

Published Reports

William Morison, The Decisions of the Court of Session (1811), pg. 13134
Sir David Dalyrymple of Hailes, Decisions of the Lords of Council and Session, from 1766 to 1791 (1826), pg. 425


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