I. CASES DECIDED
UPON
CONSTRUCTION OF STA-
TUTES PRIOR TO REFORM
ACT.
Case upon 7 & 8 W. 3. c. 25.
1. A. having contracted for the pur-
chase of B.'s house, sold it to C.,
D., E., F., G., and H., in equal
shares, and caused a conveyance
to be executed from B. to the
subvendees as tenants in common.
It did not appear that A. was a
party to the conveyance. The
purchase-money was paid to B.
by the hands of A., but was the
money of the sub-vendees.
house was let, and the sub-vendees
- received the rents for their own
use respectively. The object of
A. in proposing the purchase to
the sub-vendees was, to increase
the number of votes; but the
purchase on the part of the sub-
vendees was a bond fide invest-
ment of their money; they ex-
pected that the possession of the
property would entitle each of
them to vote, but there was no
understanding before or at the
time of the conveyance, that they
should vote in any particular way,
or in support of any particular
interest.
The conveyance is not void
under the 7 & 8 W. 3. c. 25. s. 7. ;
and the sub-vendees are entitled
to be registered. Marshall, App.;
Bown, Resp.
Page 188
Quære, if the conveyance would
have been void if increasing the
number of votes had been the ob-
ject of B. in conveying.
Cases upon 22 G. 3. c. 41.
3. Assessors and collectors of win-
dow-tax are not disqualified from
being registered as electors. Dyer,
App.; Gough, Resp.
Collectors of window-tax not dis-
qualified. Baxter, App.; Over-
seers of Doncaster, Respp.
5. A letter-carrier not having re-
signed his situation until within
twelve months before the 31st of
July, being disqualified by 22 G. 3.
c. 41. from voting until after twelve
months from the resignation of
such situation, is not entitled to
be registered. Cooper, App.;
Harris, Resp.
Page 97
II. CASES DECIDED UPON
CONSTRUCTION OF RE-
FORM ACT, 2 & 3 W. 4. c. 45.
Case upon sect. 20.
1. By 29 Eliz. c. 5. hospitals for the
poor might be incorporated. They
could previously be founded by
royal licence or letters-patent.
Before the act A. founded a hos-
pital for certain "Bedesmen,"
who were appointed for life.
Held, that the foundation might
be presumed to have been by
licence; and that the bedesmen
were entitled to be registered.
Simpson, App.; Wilkinson, Resp.
2. A., B., C., and D. join in a part-
nership to work a fulling mill.
Money is subscribed by all the
partners; with part, land is bought,
which is conveyed to A. and B.
in fee; with other part, a mill is
built and machinery purchased.
By deed, A., B., C., and D.
declare the trusts of the land, mill,
&c. to be (among other things)
that A. and B. should stand seised
and possessed for the benefit of
themselves and their partners, as
stock in trade; with power to A.
and B. to borrow money upon
mortgage; the land, mill, &c. to
be personal estate. A. and B.
borrowed money for partnership,
giving bonds and notes in their
own names, but no mortgage.
Each partner has an interest in
the realty corresponding with his
amount of shares.
The money so borrowed has
not the effect of mortgages on the
shares. Baxter, App.; Brown,
Resp.
Page 198
Cases upon sect. 27.
3. A tenant with several holdings
under different landlords, each
holding being under 50l. a year,
is not qualified, although together
they amount to more than 50%. a
year. Gadsby, App.; Barrow,
Resp.
INDEX TO REGISTRATION CASES.
as a house. Daniel, App.; Coul- | 15. A. a freeman of T. resided with
sting, Resp.
8. A building, the lower part of
which is used as a cow-house and
stable, and the upper part, as a
dwelling place, is a house. Nunn,
App.; Denton, Resp.
9. Occupier of part of a house,
where landlord resides upon the
premises, and retains key of outer
door, is a lodger, and does not
occupy as owner or tenant."
Pitts, App.; Smedley, Resp. 85
10. Quære, whether occupation of
"part of a house" a sufficient
qualification.
11. A. occupied jointly with B. B.
alone was assessed. A. paid the
poor-rates.
Held, that A. was not rated,
and that the omission of his name
was not cured by the 6 & 7 Vict.
c. 18. s. 75. Moss, App.; Over-
seers of St. Michael, Lichfield.
Resp.
12. In a case of joint-occupation of
a house in a borough, it is not
necessary that joint-occupation
should be stated in the overseers'
list of persons entitled to vote in
respect of property in boroughs.
Daniel, App.; Camplin, Resp. 167
13. Quære, whether it should be
stated in a claim sent in by a party
whose name has been omitted, or
the nature of whose qualification.
has been improperly described.
Ibid.
14. Two distinct buildings cannot
be joined to constitute a right to
a borough vote. Dewhurst, App.;
Feilden, Resp.
182
his family, and carried on business
at G. A. paid 9d. a week for the
use of a bed-room and a dark
closet in a house at T., A. keeping
the key of the closet, in which he
deposited samples. He slept in
the bed-room twelve times in the
six months next before the 31st
July.
Held, that A. did not reside in
T. for six months before the 31st
July. Whithorn, App.; Thomas,
Resp.
Page 1
16. Semble, that a statement in the
case that A. had slept in T.
about "twelve times," was insuf-
ficient. Whithorn, App; Thomas,
Ibid.
Resp.
17. But the revising barrister being
present in court, he was permitted
to alter the case instanter. Ibid.
Case upon sect. 30.
18. A claim to be rated made is
good only for the single rate at
that time in force. Wansey, App.;
Perkins, Resp.
Cases upon sect. 33.
being made out by the secondaries.
Wansey, App.; Perkins, Resp.
Page 127
6. The above note not being added
to the form of the notice to be
given to the party objected to,
Held, that the notice to the
party need not specify to what
list objection refers.
Ibid.
Case upon sect. 17.
7. Where overseers are to make out
two lists, one of ten-pound occu-
piers, the other of potwallers; Held,
that a notice of objection to a
name being retained "on the list
of persons entitled to vote as
householders" is sufficient. Allen,
App.; House, Resp.
157
Case upon sect. 18.
8. Whether a name is so subscribed
as to be commonly understood, is
a question of fact. Hinton, App.;
Hinton, Resp.
163
3. "On the register of voters for
the township of M." is sufficient,
although "parish" is the word
used in the form. Gadsby, App.;
Warburton, Resp.
Ibid.
4. Semble, that the description of
the place of abode of the objector
is sufficient if it be the same as in
list of voters. Gadsby, App.; War- 9. Special case not to be remitted
burton, Resp.
Case upon sect. 13.
5. By note at foot of form, Sched. B.
No. 10., for notices of objection to
overseers in cities and boroughs,
if more than one list of voters, the
notice of objection is to specify
the list to which the objection
refers.
Held, that this note applies only
where the overseers make out
more than one list; and not in
the city of London, where the
overseers make out only the list of
householders, the list of freemen
for insertion of a fact considered
by revising barrister to be imma-
terial. Hinton, App.; Hinton,
Resp.
166. n.
Cases
upon sect. 27.
10. A special case in which it was
alleged that the claimant "stated"
certain matters, was remitted, upon
the ground that facts, not evidence,
should be set forth. Pitts, App.;
Smedley, Resp.
11. The court appear to have consi-
dered that a revising barrister has
power to amend a notice of claim.
Nunn, App.; Denton, Resp. 66
INDEX TO REGISTRATION CASES.
12. The court refused to hear an IV. PRACTICE AND COURSE
objection not raised before the re-
vising barrister. Simpson, App.;
Wilkinson, Resp.
Page 50
Nunn, App.; Denton, Resp. 66
13. Where the revising barrister as-
sented to the substance of a special
case agreed upon between the
parties, but died without having
finally settled the terms in which
the statement should stand, the
court refused to allow case to be
entered. Nettleton, App.; Bur-
rell, Resp.
14. Whether, in case of complete
assent on the part of the revising
barrister, but without his signa-
ture, the special case could be
entered, quære.
Case upon sect. 60.
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