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been proved that the notices reached the hands of the overseers. But, as the notices did reach the overseers in due time, it is quite clear that the objector has complied with the statute. He has given or caused to be given the proper notice to the overseers within the time limited by the 7th section in the one case and the 17th section in the other.

BYLES, J.-I agree that the only question in these two cases is, whether the objector has within the meaning of the 7th and 17th sections of the 6 & 7 Vict. c. 18, given or caused to be given the proper notice to the overseers within the time prescribed by those sections respectively. The meaning of that provision is, that the party shall give the notice by himself or by an agent. In each of these cases, the objector gave the notice through the post-office: and I must confess I do not see why the postmaster-general should be the less the agent of the objector for this purpose because he is a public officer. It is unnecessary to say whether or not the provisions in s. 100 as to the service of notices by the post apply to the case of overseers. (a) KEATING, J., concurred.

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*Macnamara asked for costs of the appeals: but the Court refused to give them.(b) Appeal allowed, without costs.

a) In Bishop, app., Helps, resp., 2 C. B. 45 (E. C. L. R. vol. 52), 1 Lutw. Reg. Cas. 353, it was held that the provisions of s. 100 are equally applicable to notices to overseers, directed to their usual places of abode, as provided by s. 101.

(b) The rule has of late invariably been not to give costs to the appellant in any case. See Scott's Costs, 2d edit. 232, n., where the rule is stated with tolerable accuracy.

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YORKSHIRE.-West Riding.

JOHN FREEMAN, Appellant; ROBERT JOHN GAINSFORD, Respondent. Nov. 15.

A hospital was founded at Sheffield, under the will of Gilbert Earl of Shrewsbury, for twenty 'poor persons who should give themselves to the service of God and to pray for the prosperity of the noble family of the founder and his posterity." The persons eligible as members or inmates were to be "poor indigent people, well esteemed of for godly life and conversation, of good conditions, peaceable and quiet amongst their neighbours, and such as by persons of honest repute should be judged fit objects of the charity." Each poor person on his or her election was placed in rooms, with certain allowances. They were prohibited from letting or assigning, or permitting any person to occupy the rooms jointly with them; and they were to be removable by the governing body if found guilty of certain irregularities:-Held,-upon the authority of Heartley, app., Banks, resp., 5 C. B., N. S. 40 (E. C. L. R. vol. 94),-that the inmates had no such estate or interest in the rooms occupied by them as to entitle them to be registered as voters for the county.

AT a Court held for the revision of the lists of voters for the west riding of Yorkshire, Jonathan Buxton objected to Thomas Betts as not having been entitled on the last day of July, 1861, to have his name inserted in the list of voters in the township of Sheffield, for the said west riding.

The name stood on the copy of the register relating to the said township, as follows:

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*Thomas Betts was a member of the hospital in the township of Sheffield founded by Gilbert, Earl of Shrewsbury, and was [*69 duly elected and appointed, and as such resided in separate chambers and rooms of the hospital, pursuant to his appointment, under the trusts and constitutions of the hospital, hereinafter set forth; which chambers and rooms are of the annual value of 40s. and upwards, and were in his bonâ fide occupation, and had been in his possession for six calendar months next previous to the last day of July, 1861.

By virtue of this, Thomas Betts claimed to have his name inserted and retained on the list of voters as entitled to vote for the west riding in respect of an equitable freehold estate in a house whereof he was seised for his own life, pursuant to the 18th section of the 2 W. 4, c. 45.

The hospital of Gilbert, Earl of Shrewsbury, situate in the said township, was founded under the following circumstances, and gov erned by the trusts and constitutions following:

Gilbert, Earl of Shrewsbury, by his will, bearing date in May, 14 Jac. 1, devised to the executors thereof all his manors, lands, tenements, and hereditaments whereof he was seised of any estate of inheritance in fee simple, in possession, remainder, or reversion (with certain exceptions), to pay funeral expenses, debts, and legacies, and the residue and surplusage to his executors, their heirs, executors, and assigns. And he thereby willed and appointed an hospital to be founded at Sheffield for perpetual maintenance of twenty poor persons, and to be called "The Hospital of Gilbert, Earl of Shrewsbury," and the same to be endowed with such revenues and possessions as his executors should think fit, not being under 2001. a year.

This will was proved at London on the 14th of May, 1616. *In the year 1625, the great-grandson of the above testator, whose name was Henry, Earl of Norwich, and afterwards Duke [*70 of Norfolk, for performing the will, erected a building as an hospital in Sheffield, and placed in it twenty poor persons, ten men and ten women; and, in the year 1673, made certain constitutions in writing for the government of the said hospital.

By these constitutions it was established, that, in the said hospital, there should be for ever one governor and twenty poor persons,—ten men and ten women,-who should give themselves to the service of God, and to pray for the prosperity of the noble family of the founder and his posterity; and that the governor and every of them should enjoy such chambers, rooms, and accommodations, from time to time, for their lives, together with such stipend and all other allowances as were thereafter to every of them limited and appointed, every one of them well and honestly behaving him or herself according to those statutes, constitutions, and ordinances. And, for better preventing of idleness, it was ordained that all such persons as were or should be

placed in the said hospital, as well men as women, should dispose themselves to some work and labour according to their abilities and health, that they might get somewhat towards their better maintenance, and might in some measure eat their own bread, and have wherewithal to help themselves in times of weakness or sickness. The men were also required to be widowers or bachelors, and the women widows or maids: and both to be three score years of age or upwards, unless dispensed with by the authority of the Earl Marshal of England. Their mode of election, in the case of death or removal, was to be by the governor and three assistants named in the constitutions, or the major part of them, presenting the names *of two persons

*71] for every void place to the Earl Marshal or his heirs, together

with a certificate of their place, condition, and behaviour; and to that end the said earl and his heirs might elect and appoint out of them one or more persons in the then vacant place or places; and, in the event of his neglecting to do so for six weeks after due notice, then the governor and his assistants should fill up the vacancies: and it was also provided that the Earl Marshal, or his heirs, might make choice of a person without certificate. The persons to be elected are to be poor indigent people, well esteemed of for godly life and conversation, of good conditions, peaceable, and quiet amongst their neighbours, and such as by persons of honest repute shall be judged fit objects for this charity; and, if it so happen by misinformation or mistake that any person or persons be elected wanting such qualifications, he shall marry afterwards, or in anywise behave themselves contrary to these rules and constitutions, he shall then be removed and expelled by the governor and assistants for the time being, or the major part of them, and another chosen in his place and room. If any of the said poor persons profanely or frequently curse or swear, or frequent any wine tavern or alehouse, or remain there above one hour in a day, or be drunk, or any otherwise misbehave themselves, the governor and his assistants are empowered to deduct from the offender's next week's allowance one half for the first offence, one whole week's allowance for the second offence, and two weeks' allowance for the third offence. If he be incorrigible, the governor shall take from him his gown and badge, and he shall be for ever expelled and removed out of the said hospital, provided that the said Earl Marshal or his heirs may according to their will and pleasure, by writing under his or their hand, restore any person so expelled. It is also ordained that none shall lodge with any of the poor *72] persons in their room or rooms, or be admitted to inhabit there, upon any pretence whatsoever, unless license be first obtained under the hand of the said Earl Marshal or his heirs, or under the hands of the governor and assistants, or the major part of them; but they shall be helpful one to another according to their strength and ability as in charity they ought, provided that no person or persons be thereby hindered from helping any of the aforesaid poor persons in the daytime when occasion requires it; and that none of the said poor persons shall lodge abroad, wander, nor beg alms upon any pretence whatsoever, upon pain of expulsion. The constitutions having also pointed out the qualifications and duties of the governor of the hospital, and his salary having been named, and having pointed out the

office of his assistants, provide then that one or more of them shall monthly meet with the governor to pay the governor and poor persons of the said hospital their allowances respectively according to such proportions as thereinafter limited and appointed, viz., to every man 2s. 6d. by the week, and to every woman the like sum of 2s. 6d. by the week, and to every one. in due season two vanloads of pitcoals for one year's firing; and the assistants and governor are likewise to buy clothing, to every man and to every woman one purple gown in seven years, and a blue one every two years, to be clothed withal, on each of which gowns shall be worn a silver badge with the arms and crest of the family of the founder; and the governor to have every year a scarlet gown. The persons to be elected are to be taken or chosen out of the town or parish of Sheffield, if any person can therein be found fit; the poor tenants thereabouts of the said Earl Marshal and his heirs to have the preference before any other in such election, if duly qualified: if there be no persons, then the said

Earl Marshal is to make choice of any person qualified in any [*73 place or out of any other parish where the said Earl has any lands descended from the said Gilbert, Earl of Shrewsbury.

No member of the hospital has ever been expelled under the operation of the above constitutions.

The said Henry, Duke of Norfolk, by indenture dated 23d of November, 1806, granted, released, and conveyed certain lands and tenements in the counties of York and Derby, to trustees and their heirs, in trust that the said trustees should by or out of the yearly rents and profits of the said land and hereditaments maintain and keep the said house and building of the hospital, and the gardens and yards thereunto belonging, from time to time, for ever, as need or occasion should be, with all needful and requisite reparations, and should provide gowns and other provisions for the said governor and governess, and all the members and officers of or belonging to the said hospital for the time being, for ever, according to the said constitutions.

Power to appoint new trustees was created by the above deed, which power was exercised in the year 1693 by indenture; and by Act of parliament passed in the 11 G. 1 (c. xxxiii.), the trustees then surviving were declared to be seised of the trust lands to their use upon trust to apply the rents and profits and accumulations that had arisen in enlarging the buildings for accommodating additional members to be added to the hospital, and also in maintaining and keeping the house and building of the hospital, and the gardens and yard thereunto belonging, with good and decent order and repair.

It was also enacted that the governor of the hospital was to be a clergyman of the church of England, and elected, appointed, and displaced for any misfeasance or neglect of duty, in the same manner as the *governors of the said hospital are elected and displaced according to the said constitutions.

[*74

Under the powers of this Act of parliament, it was provided that the number of poor persons that should be added to the then existing number of poor persons members of the hospital should not be less than four men besides the governor and other poor men, and not less than four poor women besides the then present poor women; and that as many more should be added to the number from time to time as the C. B. N. S., VOL. XI.—5

revenues of the hospital for the time being would extend to make provision for according to the constitutions made for the then existing members, so that a surplus of revenue be left sufficient to bear the expenses of the repairs and other necessary expenses relating to the hospital. And by this Act it was further provided that nothing in it should extend to take away or invalidate any powers belonging to the Duke of Norfolk and his heirs, as heirs of the founders of the hospital, which he might claim, use, or exercise by virtue of the constitutions of the hospital; and that the said duke and his heirs should for ever thereafter exercise such power, so as the execution thereof did not lessen the revenues of the hospital, nor the number of poor persons therein or to be therein.

The number of members of the hospital had become subsequently increased to thirty-six by the increase of the accumulated surplus revenues, until the year 1767, when a flood destroyed part of the hospital; and, from the destruction and the expense attending its restoration, the numbers were after that time reduced to twenty-seven, and the original constitutions were lost; in consequence of which circumstances another Act of parliament was passed in the 10 G. 3 (c. lviii.), for explaining and amending the last Act, and for enlarging the powers contained in the *said Act, and for further purposes; and, for *75] establishing the constitutions, a copy of the original was declared to be such as bound the hospital, and was made a schedule to the Act.

The powers for applying the accumulated revenues to the restoration of the hospital, and for restoring the number of its members, were thereby granted; and increased allowance given to the members, amounting in the whole to a weekly sum of 3s. 6d. apiece for each poor member of the hospital.

It was also stated that the amending and explaining the former Act might in many respects be highly beneficial to the charity, and be conformable to the original intentions of the founder of the hospital. The reservation of the powers of the Duke of Norfolk is therein repeated, so that their exercise did not lessen the revenues of the hospital.

The trust estates, including the land and hospital of Gilbert, Earl of Shrewsbury, have from time to time been conveyed and transferred to new trustees, in trust, under powers of the Acts of parliament in that behalf, for the said hospital, and according to the original constitutions; and, as the rents and revenues have increased in value, additions to the hospital and to the number of its members elected under the constitutions have been sanctioned and made by the Duke of Norfork for the time being.

For the respondent it was contended that, on the authority of the case of Simpson, app., Wilkinson, resp., 8 Scott N. R. 814, 7 M. & G. 50 (E. C. L. R. vol. 49), 1 Lutw. Reg. Cas. 168, he had such an equitable estate of freehold for life in his chambers and rooms, the legal estate of which was vested in trustees of the hospital, as entitled him to vote and retain his name and qualification on the list of voters for the west riding of Yorkshire.

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For the appellant it was insisted that, on the *authority of the case of Heartley, app., Banks, resp., 5 C. B. N. S. 40, the re

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