NOTICE OF OBJECTION. Description of the Objector. that he had complied with all the requirements as to posting in s. 100. Smith, app., James, resp., 62 1. Place of abode.]-An objector is bound in 7. Stamped duplicate.]-In order to prove the his notice to describe himself as of his true place of abode; and, if he has at the time of the signing the notice bonâ fide two places of abode, he may state either. Curtis, app., Blight, resp., 95 2. For two years prior to February, 1861, A. resided in the house of his mother at 25 C. Street, it having been verbally agreed between them that he should occupy the house as tenant at will, paying no rent, and that she should live with him. Much of the furniture in the house belonged to A. In February, 1861, A. removed with his wife to 94 F. Street, where he continued down to the time of the revision to carry on the business of a licensed victualler; and it was necessary for the conduct of the business that he and his wife should live and sleep at 94 F. Street, and they did in fact live and sleep there from February, 1861, downwards without any interruption, save that they slept at C. Street one night, and that C. himself slept there ten nights; but they were both living and sleeping at 94 F. Street on the 23d of August when A. signed a notice of objection. A. had done nothing to prevent him from returning to live in C. Street, and he intended to return to live there whenever it should suit his convenience :-Held, that the revising barrister was warranted in finding that in point of fact C. Street was not the true place of abode of A., and that the notice of objection was consequently insufficient. Id. 3. A notice of objection is not vitiated by the address of the objector being added by a third person by his direction. Id. 4. Notices of objection to a voter for the city of Westminster were sent to the overseers, by post, enclosed in one envelope, addressed "to the overseers of the parish of St. Anne, in the city of Westminster," pursuant to the 101st section of the 6 & 7 Vict. c. 18, and were duly received and published by them: -Held, that this was a sufficient service; and that the objector was not bound to show that he had complied with all the requirements as to posting in s. 100. Smith, app., Huggett, resp., 55 5. Quere, whether the provisions of s. 100 as to service of notices by post, apply to notices to overseers? Id.; and see Smith, app., 1. Parish Clerk.]--A. was in 1826 appointed James, resp., 62 6. Notices of objection to a voter for the county of Middlesex were sent to the overseers, by post, enclosed in one envelope, addressed "to the overseers of the parish of Acton, in the county of Middlesex," pursuant to the 101st section of the 6 & 7 Vict. c. 18, and were duly received and published by them: -Held, that this was a sufficient service; and that the objector was not bound to show parish clerk of St. J., Dover; and by license under the seal of the Archbishop of Canterbury, dated in 1832, he was confirmed in his office, "together with all and singular the fees, salaries, and profits either by law or ancient custom belonging to the same." Part of the emoluments attached to the office consisted of the clerk's share of an ancient due payable to the clerk and sexton upon the opening of every grave in the churchyard of the parish; and this exceeded 40s. a year. The parish clerk had not himself to perform any of the work of or incident to the opening of the graves, this being done by the sexton. The revising barrister held that the ancient fee was in the nature of a remuneration for services rendered in conducting the funeral rites, and not a payment or emolument issuing out of or charged upon any land, and therefore that the parish clerk was not entitled to be registered :-Held, that his decision was right. Bushell, app., Eastes, resp., 106 2. Dissenting Minister.]-The minister of a congregation of "Particular Baptists" occupied copy hold premises (of sufficient value), which were vested in trustees, upon trust, among other things, "to permit and suffer the said dwelling-house and premises to be held, used, and occupied by the minister of the said congregation for the time being as and for his place of abode and residence." The deed contained no direction as to the mode of appointment of the minister, or any power for his removal. It appeared that the minister had, in the year 1817, upon the written invitation of the deacons, undertaken the ministry for a probationary period of three months; at the expiration of which period he, in accordance with a second (verbal) invitation in general terms, remained as minister of the congregation, and had ever since so continued, and occupied the premises as such. The evidence relied on to prove an appointment for life, consisted of his own statement that he so considered it, and the statement of one of the deacons (who had been a member of the congregation for thirtyfive years), that the appointment was made in the usual way, and was, in his opinion, for life. The revising barrister having decided, that, assuming all the facts stated to be true, they did not amount to an appointment for life-Held, that the question was strictly speaking one of fact, and that, although the revising barrister might have inferred that the appointment was for life, it was not a necessary inference, and therefore his decision must be affirmed. Collier, app., King, resp., 14 3. Preachers.]-One of the "six preachers" of the cathedral church of Canterbury claimed to be registered in respect of a "freehold office." The appointment was by the Archbishop of Canterbury, and the office held during good behaviour, provided the party remained in the diocese and preached at least twice a year in the cathedral. He received an annual stipend of 321. from the dean and chapter of Canterbury, which was paid out of the chapter revenues, which were derived from lands in various places vested in the dean and chapter :-Held,-reversing the decision of the revising barrister,—that the claimant had no such freehold office or equi table interest arising out of land as to entitle him to be registered. Hall, app., Lewis, resp., 114 4. Lay Clerks and Bell-ringer.]-The like as to the lay clerks and the bell-ringer. Id. 5. Shrewsbury Hospital.] 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 bis 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. Freeman, app., Gainsford, resp., 68 Borough Qualification, under 2 W. 4, c. 45, 8. 27. 6. Lay Clerk.]-The claimant, as one of the lay clerks of Windsor, occupied a house of more than 107. a year value. It appeared that he was appointed a lay clerk by the dean and canons of Windsor, in whom was the freehold; that a certain number of houses are occupied by the lay clerks, but that, as there were more lay clerks than houses, the juniors on their appointment received 207. additional salary until one became vacant; that then the salary was reduced by the 207., and the clerk had the vacant house; that his residence therein was not necessary for the performance of his duties; but that he could not let the house without the consent of the dean and canons. There was no evidence of any statutes regulating the appointment of the lay clerks, though it was supposed that some existed; but the claimant stated that he believed he held his office for life, or so long as he did his duties:-Held, that the claimant was not entitled to be registered as a voter for the borough, either as owner or as tenant, under the 2 W. 4, c. 45, s. 27. Bridgewater, app., Durant, resp., 7 7. Part of a House ]-The occupation of "part Lutw. Reg. Cas. 19. Cook, app., Humber, resp., 33 8. C. occupied part of a house, consisting of two rooms on the ground-floor and other rooms above on one side of the house, the landlord (who resided on the premises) also occupying two rooms on the ground-floor and the rooms above on the other side of the house, the .rooms on the ground-floor rented by C. having doors into the housepassage or hall, which was shut off from the street by an outer door kept closed night and day; and the rooms on the upper floor rented by him being approached by a staircase used exclusively by him, and there being no communication between such rooms and the rooms on the other side of the passage. C. had a lock and key to each of his rooms, and both he and his landlord had keys of the street door; and they were rated jointly: -Held, that C. was not qualified to vote as tenant of a "house" within the 2 W. 4, c. 45, s. 27, the "subject of occupation" not being a house, but only a part of a house, without any actual severance from the residue. Id. 9. Offices.]-The occupation of "offices," without any actual severance from the residue of the premises, does not confer a right to vote for a city or borough, under the 2 W. 4, c. 45, s. 27. Wilson, app., Roberts, resp., 50 10. R. occupied "offices" in the city of London, comprising the whole of the first floor of the house (his residence being within the required distance), and was rated and assessed, and had paid all rates and taxes in respect of the premises. The landlord occupied the shop on the ground-floor of the house, and with his family resided on the upper floor thereof. There were two outer doors to the house,-one opening from the street into the shop, the other into a passage communicating with the staircase leading up to the first and upper floors. The door opening from the street into the passage had only one lock, of which R. and the landlord each had a key-Held, that R. was not qualified to vote as tenant of a "house" within the 2 W. 4, c. 45, s. 27, the "subject of occupation" being a part of a house," which part had not become by actual severance an entire house in any sense of the word. Id. SEVERANCE. See QUALIFICATION, 7-10. SEXTON. See QUALIFICATION, 1. SHREWSBURY HOSPITAL. See QUALIFICATION, 5. SIGNATURE. To Notice of Objection,-See NOTICE OF OBJECTION, 3. "SIX PREACHERS." Of Cathedral Church,-See QUALIFICATION, 3. STAMPED DUPLICATE. See NOTICE OF OBJECTION, 7. SUBJECT OF OCCUPATION. See QUALIFICATION, 8. WINDSOR. Lay Clerks of,-See QUALIFICATION, 6. END OF VOL. XI. |