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insufficient, and that the defect was not such an “inaccurate description' as to come within 101st section. Edsworth and Farrer. Lut. I. p. 517.
An objector on the “list of freemen entitled to vote in the election of Members for the city of Carlisle," described himself, in his notice, as being “on the list of voters for the city” only. It was objected, that as there was also a list, called the Freemen's roll for the city, used for municipal purposes, the notice was insufficient. Held, That the notice sufficiently
complied with the requirements of the statute. Fedàon and Sawyers. Lut. II. p. 246.
In the borough of Bedford two lists are made out for the parish of St. Paul_“The £.10 List, or New Qualification List,” and “The Reserved “ Right List.” An objector, whose name appeared on the £.10 List, described himself in a notice of objection as “ on the list of voters for “ the parish of St. Paul.” Held to be sufficient, " as he claims to be on " the list of voters in respect of a parish qualification.” Samuel and Hitchmough. K. & G. p. 522.
Where at Kidderminster there were separate lists with distinctive names and Overseers for distinct parts of the borough, and the objector described himself as on the list of persons entitled to vote in the election of a member for the Borough of Kidderminster in respect of property occupied within the Parish of Kidderminster.” Held, an invalid notice. Crowther and Bradney. H. & P. vol. 1. 63.
An objector described himself simply as “of Bony Cwryg," and the barrister held that the notice was bad on the face of it, and that it could not be made good by evidence or the fact that under the particular circumstance the notice gave sufficient information as to the objector's address. The Court beld that they could not say that the notice was bad on the face of it, especially as it might be implied from the case that it gave sufficient information. J. v. B.
In a consolidated appeal from Lancashire, the question was raised whether, when objecting to a county vote, it must be stated in the notice, which was the list which it was objected to the same being on. The barrister held that this was not necessary, and he struck out the names objected to. The decision of the barrister confirmed. C. v. J.
A name was inserted in the list of £.12 occupiers in respect of a house occupied in Derby Road, in the Liverpool district of Lancashire. The appellant gave him the following notice :—“I hereby give you notice that I object to your name being retained on the South-West Division of the County of Lancaster." On behalf of the claimant it was contended that the notice was bad because it did not set out the ground of objection. On the other side it was argued that it was only the old voters already upon the register who were entitled to a notice of the nature of the objection taken ; but that the £.12 occupiers who were placed on the list 'under the act of 1867 were there in the nature of " claimants” only; and that as to them a general notice not stating the nature of the objection was sufficient. The barrister decided that the general notice was not sufficient, and he retained the name on the list. This was the decision now appealed against The Lord Chief Justice said he was of opinion that the revising barrister was right in holding that the general notice was insufficient, inasmuch as the ground of objection was not specifically stated. By the Registration Act of 1865 persons on the register were entitled to have the objections against them specifically stated, and the only exception to this rule was in the case of persons described as “claimants.” Looking at the general scope of the enactments upon this subject, it seemed to him that the appellant could not be considered to be a "claimant,” and therefore he was entitled to have the objection against him specifically stated. B. v. B.
Service of Notice of Objection. A notice of objection to a county voter, addressed to “The Overseers of the Parish or Township of Bethersden," was duly received by post and published by the Overseers : Held, To be a good notice without naming the county according to the directions of the 101st section. Jones and Innons. K. & G. p. 21; and Goodsell and Innons. K. & G. p. 24.
Service of a notice of objection upon one of the Overseers who had not signed the list, is a sufficient service upon all the Overseers of the parish. Beenlen and Hockin. Lut. I. p. 526.
Service upon an Assistant Overseer, though he did not sign or take any part in making out the lists, is sufficient, if appointed to perform all the duties of an Overseer. Points and Attwood. Lut. II. p. 177.
If the Overseers publish the name of a person objected to against whom they had received a notice of objection, it must be assumed in the absence of evidence to the contrary, that the notice was received in due time. Goodsell and Innons. K. & G.
p. An agent on behalf of an objector went to a voter's place of abode as described in the list, between nine and ten o'clock in the evening of the 25th of August, but being unsuccessful in his endeavours to make himself heard, he left the notice inside the door of the house. The Revising Barrister considered the service to be sufficient. Held, That the sufficiency of service of a notice is a question of fact for the Revising Barrister. Watson and Pitt. Lut. II. p. 73.
Post-Office service of Notice of Objection. A notice of objection sent by the post under the provisions of the 100th section of the 6th Vic. cap. 18, must have an "address" on the face, and a " direction” on the back, and the “ duplicate" must correspond with the original in every particular required. Birch and Edwards. Lut. Il. p. 37.
But where a notice and duplicate to a borough voter had no address on the face, but was directed on the back, it was held to be a sufficient notice. Barclay and Parrott. K. & G. p. 59.
A notice of objection was delivered open and in duplicate to a managing clerk at the post-office, and not to the post-master: Held, Sufficient service, and that a clerk to the post-master might execute all the duties of the post-master under the 100th section. Allan and Waterhouse. Lut. I. p. 92. Cooper and Coates. B. & A. p. 229.
If the post-master chose to receive a notice of objection after the hours appointed by the regulations of the post-office, and to go through the rest of the forms required, service of such notice is not thereby invalidated. Hannaford and Whiteway. K. & G. p. 65.
Service of a notice of objection, posted on the 24th of August, and which in due course of post should have been delivered on the 25th, is not informal by reason of the notice not having been delivered until the 27th. Also, that the 100th section is applicable both to notices to Overseers and to parties. Bishop and Helps. Lut. I. p. 353. B. & A. p. 572.
The production of a properly stamped duplicate notice of claim to the Overseers is sufficient evidence of posting in time, and in this respect there is not any distinction to be taken between a notice of objection and a notice of claim. Buyley and the Overseers of Nantwich. Lut. I. p. 363. B. & A. p. 642.
Notices of objection to the Overseers were proved to have been enclosed in an envelope addressed “ to the Overseers” of the proper parish, and sent by ordinary post according to s. 101 Registration Act, and were duly received and published. Held to be a sufficient proof of service by post, and that the service of votices by post upon Overseers need not be according to the statutory provisions of s. 100. Smith and Huggett, and Smith and Jumes. K. & G. p. 434.
The production of a duplicate notice of objection, bearing the postoffice dated stamp, is in all cases of notices served through the post, conclusive proof of the service on the voter in the ordinary course of post. Hornsby and Robson. K. & G. 66.
A notice of objection was posted on Saturday, the 23rd of August, and delivered in due course of post, on Sunday, the 24th: Held, Sufficient service, and not within the statute 29 Charles II., cap. 7. Colville and Lewis. Lut. 1. p. 380. B. & A. p. 608.
Production of the stamped duplicate notice of objection by the objector, and not " by the party who posted such notice,” is sufficient proof; and that, as the whole faith and credit is attached to the stamp of the post-master, the production of the duplicate may be either by the objector, or by an agent who posted the notice. Cuming and I'oms. Lur. I. p. 151. B. & A. p. 229.
in respect of any property situate wholly or in part within this Parish (or Township), who are not upon the Register of Voters now in force, or who, being upon the Register, shall not retain the same Qualification, or continue in the same Place of Abude as described in such Register, and who are desiroụs to have their Names inserted in the Register of Voters about to be made for the said County (or Riding, &c.], are hereby required to give or send to us or any of us, on or before the Twentieth day of July in this Year, a Notice in writing by them signed, in which their Name and Surname at full length, their Place of Abode, and the Particulars of their Qualification, must be legibly written, according to the Form hereunder set forth. Any person who is upon the present Register may also make his Claim, if he thinks fit; but it is not necessary that he should do so if he has the same Qualification and Place of Abode now described in the Register. Dated this June in the year
Overseers of the Parish E.F.
[or Township) of
[or Township of
.] I hereby give you Notice, That I claim to be inserted in the List of Voters, for the County of (or for the Riding, Parts, or Division of the County of as the case may be), and that the particulars of my place ot abode and qualification are stated in the columns below. Dated the day of
in the year
Street, Lane, or other like Place, in this Parish (or Township), and Number of House (if any) where the Property is situated or Name of the Property, if known by any, or Name of the OCCUPYING Tenant; or if the Qualification consist ofa Rent charge, then the Names of the Owners of the Property out of which such Rent is issuing, or some of them, and the Situation of the Property.
at full Length,
(or for the
as the case may be], in respect of
[or Township, as the case may be].
Street, Lane, or other like Place in this
Parish (or Township,) and Number of
House (if any), where the Property is
situate, or Name of the Property,
and the Name of the Tenant ; or
Place of Abode.
if the Qualification consist of a Rent
charge, then the Names of the Owners at full Length.
of the Property out of which such Rent is issuing, or some of them, and the Situation of the Property.
Abbis, Rev. George
} 19, Boyd-street. } }
Occupying Tenant, John Jones.
The Barley Field, North-end.
Leasehold House, as Sub-
13, Orange Street.
House and Garden Ground, 10, Porter-street, and Land
21, Thomas Street.
James Thompson, Owner. (Signed)
Overseers of the said Parish C.D.
(or Township.] EE