M. T. 1864. c. 69, and Keys, appellant, Collum, respondent (a); and no appeal lies upon the admissibility of any evidence. Exch. Cham. FISHER'S CASE. FITZGERALD, B. The Chairman is the sole judge of the admissibility of the evidence. The question as to whether there was any evidence or not has not been reserved. There is no question of law in this appeal to be decided by the Court. Appeal dismissed. (a) 7 Ir. Com. Law Rep. 385. Dec. 6. CARROLL, Appellant; BEGGS, Respondent.* The heading THIS was an appeal from a decision of the Chairman of the County of the first column in the of Wicklow, made at the revision of the list of voters for that form of claim No. 9, sche- county in October 1864. dule A, 13 and 14 Vic., c. 69, runs, "Christian name and surname of the Beggs sufficiently identified Nathaniel Beggs as the claimant. "Nathaniel Beggs claimed to be put upon the register; his claim The appellant objected to the respondent's claim, on the ground that his christian-name was not set out at full length. The Chairman ruled in favor of the respondent, and placed his name on the register. * Coram FITZGERALD, B., HUGHES, B., FITZGERALD, J., and DEASY, B. The Solicitor-General (J. A. Lawson) and P. Keogh, appeared M. T. 1864. for the appellant. The requirements of the statute, and the forms which are incorporated with it (section 118), must be followed strictly; and the respondent should have stated his christian-name at full length. J. E. Walsh, and C. Coates, for the respondent. While the schedules to the 13 & 14 Vic., c. 69, are part of that Act, the headings of the forms in the schedules to the Act are no part of the Act: Murphy, appellant, Connor, respondent (a). The 115th section provides a remedy for any misnomer or inaccurate description of any person, place or thing, described in any schedule to this Act. The respondent signed his name "Nathaniel" in full at the end of the appeal: 58th section. Exch. Cham. BEGG'S an appeal be dismissed, the Court will not THIS was an appeal from a decision of the Chairman of the County Although Wicklow, J. W. Lendrick, Esq., made at the revision of the voters for that county in October 1864. "The appellant duly proved a "notice of objection to the name of the respondent remaining upon "the register as a rated occupier. The appellant proved that for "the months of July and August last the respondent and his family were not residing in said house, and that another family was there. 66 * Coram FITZGERALD, B., HUGHES, B., FITZGERALD, J., and DEASY, B. give costs, if in their opinion there has been a miscarriage in the case. Exch. Cham. M. T. 1864. "The appellant thereupon required me to expunge the name of the "respondent, which I declined to do. If I was wrong in point of MICHAEL'S "law, his name should be expunged. If I was right, his name CAR When the case was called on, the Court said it should be remitted to the Chairman, in order that fuller information might be given as to the non-occupation of the premises by the respondent. Accordingly, the Chairman reported as follows, that "It appeared to me "that such absence of the respondent and his family from the "said house was temporary, and I considered that the legal occupa"tion thereof by the respondent was not interrupted or disturbed. I "declined to comply with the requisition of the appellant to expunge "the respondent's name." The Solicitor-General (J. A. Lawson), and P. Keogh, appeared for the appellant. The objector was entitled to have the name of the respondent struck off the list, as the latter gave no evidence of his right to be on the list. J. E. Walsh, and C. Coates, for the respondent. The decision of the Chairman is conclusive on a question of fact. He was satisfied that the respondent had not ceased to occupy. FITZGERALD, B. This appeal must be dismissed, but without costs, as we think there has been a miscarriage in the mode in which the case was brought before the Court. M. T. 1864. Exch. Cham. CARROLL, Appellant; BARRY, Respondent.* THIS was an appeal from a decision made by the Chairman of the The upon the register, and if am wrong, it is to be expunged there"from." Dec. 6. 2 & 3 W. 4, c. 88, s. 13; 13 & 14 Vic. c. 69, s. 13. To entitle a claimant to be placed upon the register of voters, in respect of a £20 rentcharge, he must have received some gale thereof, six months previous to the 20th of July, preceding the revision of the list of voters. The Solicitor-General (J. A. Lawson), with whom was P. Keogh, for the appellant. The 26th section of the English Reform Act (2 W. 4, c. 45) is identical with the 13th section of the Irish Reform Act (2 & 3 W. 4, c. 88). Upon the 26th section of the English Act, it has been decided that "actual possession" in the case of a rentcharge, means a possession in fact and not in law. Therefore, the grantor of a rentcharge is not entitled to be registered unless he has been in the actual receipt of it for six months before the 20th of July in each year. Murray, appellant, Thorniley, respondent (a); Hayden, appellant, The Overseers of Tiverton, respondents (b). (a) 2 Com. B. 217; S. C., 1 Lutw. 496. (b) 1 Lutw. 510. * Coram FITZGERALD, B., HUGHES, B., FITZGERALD, J., and DEASY, B. M. T. 1864. CASE. J. E. Walsh, and C. Coates, for the respondent. The "actual possession" of a rentcharge is to be computed from the date of the deed creating it. It is an incorporeal hereditament, therefore, "possession" must mean "the right to receive." In re Taylor (a); Heelis, appellant, Blain, respondent (b). FITZGERARD, B. This appeal must be allowed, and the respondent's name must be expunged from the list of voters. (a) 1 C. & D. Cir. Cas. 241. (b) 5 New Rep. 128. Dec. 6. DICKSON, Appellant; CARROLL, Respondent." 13 & 14 Vic. THIS was an appeal from a decision made by the Chairman of the c. 69, s. 55. A voter whose County Wicklow, at the revision of the list of voters for that name appeared upon the regis- county, held in October 1864. try refused to prove his right Joseph Dickson, the appellant, appeared on the register of voters to vote on the as a £20 leaseholder. The respondent proved the service of a mere proof of service of a no- notice of objection upon the appellant. The Chairman thereupon tice of objec tion upon him. called on the appellant to prove his right to have his name retained The Chairman thereupon ex- on the list. The appellant refused, at that stage of the case, to give punged his name. Held, any evidence save the existing register of voters, in which his name that the Chairman had not appeared, and on which he relied. The Chairman, J. W. Lendrick, sufficient evidence before him to warrant his decision. Esq., thereupon expunged the appellant's name. J. E. Walsh and C. Coates appeared for the appellant. The Chairman had no jurisdiction to expunge the name of the appellant, in consequence of the mere service upon him of a notice of objection. Before he could do so, the 55th section of the * Coram FITZGerald, B., HugHES, B., FITZGERALD, J., and Deasy, B. |