M. T. 1864. Exch. Cham. Dec. 6, 7, 14. c. 69, ss. 22, 23, 55. O'BRIEN, Appellant; FENTON, Respondent.* 13 & 14 Vic., THIS was a consolidated appeal from a decision of the Chairman of the County of Wicklow, made at a Revision of the Voters of that county in October 1864. A notice of claim need not be signed by the claimant personally. "John Brien was produced in Court, and claimed to be placed "upon the register as a rated occupier. The claim was produced "in open Court; and it was proved that it was not signed by "the claimant; and there was no evidence that it was signed by "his authority. The respondent thereupon required me to reject "the claim, which I accordingly did. If the Court be of opinion "that I was wrong in point of law, the names of the claimants "are to be inserted; if I be right, their names are not to be "inserted.-J. W. LENDRICK." P. Keogh, with whom was the Solicitor-General (J. A. Lawson), for the appellant. A notice of claim need not be signed by the claimant himself: M'Niffe, appellant, M'Ternan, respondent(a). The Chairman can inquire into the claimant's qualification only. The validity of the notice of claim comes under the jurisdiction of the Clerk of the Peace: Hughes, appellant, Barnett, respondent (b). The claim when published must be assumed by the Chairman to be correct; and it is sufficient under the English Voters Act (6 Vic., c. 18) if it be signed in the claimant's name: Davies, appellant, Hopkins, respondent (c). Coates (with whom was J. E. Walsh), for the respondent. (a) 3 Ir. Com. Law Rep. 186. (b) 3 Ir. Jur., N. S., 244. (c) 1 Ke. & Gt. 118; S. C., 27 Law Jour., C. P., 6. * Coram FITZGERALD, B., HUGHES, B., FITZGERALD, J., and DEASY, B. Exch. Cham. FENTON'S CASE. the question here is, whether the Chairman acted ultra vires— M. T. 1864. not whether his decision was right or wrong: Neville, appellant, Hamilton, respondent (a). But if this Court has jurisdiction, then how can the Chairman, under the 56th section of the 13 & 14 Vic., c. 69, “finally determine upon the validity of such claims and objections," &c., &c., unless he inquires into the signatures of the claims, which, by the 48th section, are to be laid before him? The claimant should sign the claim personally: Toms, appellant, Cuming, respondent (b). The Solicitor-General, in reply. The Chairman can examine into the validity of claims to be put on the register only when the words "objected to" appears opposite the name of the claimant (section 23). But when the claimant is on the list, the Chairman can only examine into the qualification of the claimant (section 55). The appellant, by his appearing to support his claim, ratified retrospectively the signature of his name to it: Machan v. Dunn (c); Broom's Legal Maxims, p. 775. FITZGERALD, B. We are of opinion that this case is ruled by that of Davies, appellant, Hopkins, respondent (d), and by the cases which followed that decision in this country. Dec. 14. Appeal allowed. (a) 3 Ir. Jur., N. S., 145. (b) 7 M. & G. 77, 88. (c) 4 Bing. 722. (d) 1 Ke. & Gt. 118; S. C., 27 Law Jour., C. P., 6. M. T. 1864. Dec. 7. H. T. 1865. Jan. 12. DOWNING, Appellant; MORPHY, Respondent.* 2 & 3 W. 4, THIS was an appeal from a decision made by the Chairman of c. 88 (Reform Act) ss. 9 and 13. The 9th sec tion of the Reform Act the County of Kerry, at the revision of the List of Voters for the borough of Tralee. preserved the " right of voting "The names of T. Blennerhasset, G. Gun, and P. Chute, ap 'peared on the list of persons entitled to vote as free burgesses to freemen and "at the election of a Member for said borough; and notices of all persons en 31st of March titled on the "objection having been duly served upon the said several parties "by F. C. Downing, whose name appears in the list of voters for by reason of "said borough, on behalf of the objector it was urged that I 1831 to vote, any corporate or other right, "should expunge the names of the said three several parties and to all per sons who, by "from the list of persons entitled to vote at the election of a reason of birth, "Member to serve in Parliament for the said borough of Tralee, marriage or service, should at any time thereafter be admitted to their freedom in any city, town or borough. Therefore, free burgesses elected after the passing of the Reform Act, although resident, do not acquire a right to vote. -[FITZGERALD, B., dissentiente]. 66 on the ground that their only claim or right to have their names "retained on said list depended upon their admission as such free burgesses, as hereafter set forth: that said several admissions "took place after the passing of the 2 & 3 W. 4, c. 88; that they were so admitted, not by reason of birth, marriage or service, or any statute in force at the time of the passing of said Act; "that therefore they never became legally entitled to vote at the "election of a Member to serve in Parliament for the said borough; "and that no subsequent proceedings did or could set up, or ratify, or confirm a right which in point of law never existed, namely, a "right to have their respective names inserted in the list of persons "entitled to vote at the election of a Member to serve in Parliament "for said borough of Tralee. In sustainment of the right of the "said voters, evidence was laid before me that the town of Tralee * Coram HAYES, J., FITZGERALD, B., HUGHES, B., FITZGERALD, J., and DEASY, B. 66 Exch. Cham. MORPHY'S CASE. was incorporated by royal charter of King James the First, under M. T. 1864. "the name of 'The Provost and Free Burgesses of the Borough of "Tralee,' to consist of a provost and twelve free burgesses, to whom "was granted the sole right of returning Members to Parliament "for the said borough. The burgesses were elected for life, with "power to the surviving burgesses to fill vacancies which might "occur from time to time; no peculiar qualification being required "for such burgesses by reason of birth, marriage or service. The 66 'burgess-roll of said borough was produced before me, by which it 'appeared that T. Blennerhassett and G. Gun were respectively M. T. 1864. "T. Blennerhassett, G. Gun and P. Chute, are to remain on the Exch. Cham. "list of voters for the said borough of Tralee; but, if I was wrong "in so deciding, the said three names are to be expunged."D. R. KANE." MORPHY'S CASE. The Solicitor-General (J. A. Lawson) Serjeant Sullivan, and J. C. Neligan, for the appellant. Free burgesses are not exempted in the 9th section of the Reform Act (2 & 3 W. 4, c. 88); nor are they mentioned in the form No. 9, schedule C, to that Act. A free burgess is an honorary freeman, within the meaning of that section, for he is not admitted by birth, marriage or service; and "burgess" is synonymous with "freeman:" Williams v. Evans (a); Gale, appellant, Chubb, respondent (b). C. Andrews and W. Kaye, for the respondent. Free burgesses are entitled to vote, and are not disfranchised by the Reform Act (2 & 3 W. 4, c. 88): Molyneux's case (c); Tottenham's case (d). The 55th section of the Reform Act declares that all laws and usages then in force, save so far as they are expressly repealed, shall remain in force. The policy of the Reform Act was not to curtail, but to enlarge the franchise: Glennon's case (e). If both the Reform Act, and the 13 & 14 Vic., c. 69, can stand together, the latter does not repeal the former: Mahony v. Wright (f). Free burgesses belong to the class of persons whose rights are preserved by the 9th section of the Reform Act, which provides "that all freemen, freeholders, and persons who, by reason of any corporate or other right, are now by law entitled to vote," &c. &c., shall enjoy such right of voting. "Persons" there means "class: " Gaydon, appellant, Bancroft, respondent (g). The respondents all reside within seven miles of the borough of Tralee. The Legislature (a) 8 Term Rep. 246. (b) 4 Com. B. 41. (d) 2 Ir. Com. Law Rep. 572. (g) 5 New Rep. 88. |