s. 100. Posting of 6 Vict. c. 18, contents, shall forward one of them to its address by the post, and shall return the other to the party bringing the same, duly stamped with the stamp of the said post office; and the production by the party who posted such notice of such stamped duplicate shall be evidence of the notice having been given to the person at the place mentioned in such duplicate on the day on which such notice would in the ordinary course of post have been delivered at such place; Provided also, that if no place of abode of the person objected to shall be described in the said list, or if such place of abode shall be situate out of the United Kingdom, then it shall be sufficient if notice shall be given to the said overseers, and to such occupying tenant as aforesaid (if any) in the case of a county voter, or, in the case of a city or borough voter, to the overseers or to the town clerk, or, in the case of a liveryman of the city of London, to the secondaries and clerk of the particular company to which the person objected to shall belong, as is in each of the said cases herein before required. As to notice of objection in counties, see s. 7, and in boroughs, see s. 17. To oppose a mere claimant under s. 39, no notice is required. It shall be sufficient.] This section is enabling and facilitating only, and not obligatory, so as to prevent other modes of service being good. Therefore, if overseers in fact receive and publish an objection in time, proof by production of a stamped duplicate is unnecessary: Smith v. Huggett, 11 C. B. (N.S.) 55; 31 L. J. Č. P. 38; 5 L. T. 357; 10 W. R. 80; see also s. 101. Place of abode, as described in the said list.] It is enough to mention this place in the address only: Barclay v. Parrott, 1 C. B. (N.S.) 49; nor need the name of the parish be added: Hunt v. Sharp, 17 C. B. 281. "The said list" is, as regards counties, a copy of the register sent to the overseers under s. 3 of the Act of 1865; and if the overseers alter an address upon that list, a notice sent to such altered address is bad: Noseworthy v. Buckland on the Moor Overseers, L. R. 9 C. P. 233; 43 L. J. C. P. 27; 29 L. T. 675; 22 W. R. 155; 2 H. & C. 127. Postmaster.] Delivery to a deputy, or a clerk or other agent of the postmaster, is sufficient: Cooper v. Coates, 5 M. & G. 98. Within such hours.] Delivery out of the hours, if the postmaster choose to accept it, is sufficient: Hannaford v. Whiteway, 1 C. B. (N.S.) 53; 26 L. J. C. P. 75. Stamped duplicate.] A correct stamped duplicate is not vitiated by an incorrect original, if produced by the objectee: Norris v. Pilcher, L. R. 4 C. P. 417; 38 L. J. C. P. 69; 1 H. & C. 173. In this case the objector stated 22, Southampton Street, Bloomsbury, London, W.C., as his place of abode on the register, and 110, Guildford Street, Russell Street, W.C., as his present place of abode; and it was held that "London might be supplied, and "Russell Street," rejected as surplusage. A stamped copy having no external address is insufficient: Birch v. Edwards, 5 C. B. 45; 17 L. J. C. P. 32; but the mere heading "copy" is immaterial: Benesh v. Booth, 18 C. B. (N.S.) 111; 34 L. J. C. P. 99; 11 L. T. 479; 13 W. R. 271. The stamped duplicate must be signed by the objector himself: Toms v. Cuming, 7 M. & G. 88; 8 Scott N. R. 827, and if so signed, is evidence of the original having been so signed: Lewis v. Roberts, 11 C. B. (N.S.) 23; 31 L. J. Č. P. 51; 5 L. T. 351; 10 W. R. 80; 8 Jur. (N.S.) 485; K. & G. 402. The duplicate proves itself: it is not necessary that the person who actually posted the notice should produce it: Cuming v. Toms, 7 M. & G. 29; 8 Scott, 6 Vict. c. 18. N. R. 827. Ordinary course of post.] A notice so sent as to be delivered on Sunday is good: Colville v. Lewis, 2 C. B. 60; and, generally, a notice so sent as to be deliverable in time is good, although from some accident it may have been in fact delivered late: Bishop v. Helps, 2 C. B. 45; Hornsby v. Robson, 1 C. B. (N.S.) 63; but where there is no delivery in the ordinary course at the residence of the elector, and the notice could only reach him by accidental conveyance, it seems that a notice reaching the post-town only in time is too late: Lewis v. Evans, L. R. 10 C. P. 297; 44 L. J. C .P. 41; 31 L. T. 487; 23 W. R. 244; 2 H. & C. 279; in that case the elector's place of abode was two miles from the post town; the notice was posted in time to reach the post town on the 19th of August at 10 A.M., and it was held by Brett and Denman, JJ., that though the objector had fulfilled all the conditions required of him, there was no evidence that the elector had received the notice on the 20th. "County." "Clerk of the "Town clerk :" 101. Throughout this Act, in the construction thereof, except Interpretation there be something in the subject or context inconsistent with clause. or repugnant to such construction, the word "county county" shall « extend to and mean any county, riding, parts, or division of a county, respectively returning a knight or knights of the shire to serve in Parliament; and the words " city or borough" shall "City or extend to and mean any city, borough, town corporate, cinque borough:" port, district, or place within England and Wales returning a member or members to serve in Parliament, other than counties at large, and ridings, parts, and divisions of counties at large, and to every place sharing in the election of a member for any city or borough, and shall also include the town of Berwickupon-Tweed; that the words "clerk of the peace" shall comprehend and apply to any deputy or other person executing the peace" duties of such clerk of the peace; and the words " town clerk shall, except in regard to the cities of London and Westminster and the borough of Southwark, extend to and mean any person executing the duties of town clerk, or if in any city or borough there shall be no such officer as town clerk, then to any officer executing the same or like duties as usually devolve upon the town clerk, or if in any city or borough there be no such person, then to the returning officer of such city or borough, or to such person as the returning officer may appoint for that purpose, which he is hereby authorized to do; and the words "barrister "barristers" shall respectively be taken to include a serjeant or serjeants at law; and the words "returning officer" shall "Returning apply to every person or persons to whom by virtue of his or officer:" their office, under any law, custom, or statute, the execution of any writ or precept doth or shall belong for the election of a member or members to serve in Parliament, by whatever name or title such person or persons may be called; and the words "parish or township" shall extend to and mean every parish, «Parish or township, village, hamlet, district, or place maintaining its own township' poor; and the words "overseers or overseers of the poor" "Overseers." shall extend to and mean all persons who by virtue of any office or appointment shall execute the duties of overseers of the or 66 I "Barrister:" s. 101. Interpretation Clause. Service of notices on overseers. On other persons. Justices, 6 Viet c. 18, poor, by whatever name or title such persons may be called, and in whatsoever manner they may be appointed, and that all matters by this Act directed to be done by the overseers of a parish or township may be lawfully done by the major part of such overseers; and that wherever any notice is by this Act required to be given or sent to the overseers of any parish or township, it shall be sufficient if such notice shall be delivered to any one of such overseers, or shall be left at his place of abode, or at his office or other place for transacting parochial business, or shall be sent by the post, free of postage, or the postage thereof being first paid, addressed to the overseers of the particular parish or township, naming the parish or township, and the county, city, or borough respectively, to which the notice to be so sent may relate, without adding any place of abode of such overseers; and that wherever by this Act any notice is required to be given or sent to any person or persons whatsoever, or public officer, it shall be sufficient if such notice be sent by the post in the manner and subject to the regulations hereinbefore provided with respect to sending notices of objection by the post, free of postage, or the postage thereof being first paid, addressed with a sufficient direction to the person or persons to whom the same ought to be given or sent, at his or their usual place of abode; and that all provisions in this Act relative to any matters to be done by or with regard to justices of the peace for counties, or sessions of the peace for counties, or clerks of the peace for counties, or treasurers of counties, shall extend to the justices, sessions, clerks of the peace, and treasurers of the several ridings of Yorkshire and parts of Lincolnshire; and that the town clerk for the time being for the borough of Newport in the Isle of Wight shall for the purposes of this Act be deemed and taken to be the clerk of the peace for the county of the Isle of Wight; and that all the said respective justices, sessions, and clerks of the peace shall have power to do the several matters required by this Act, as well within places of exclusive jurisdiction as without; and that no misnomer or inaccurate description of any person, place, or thing named or described in any schedule to this Act annexed, or in list or any register of voters, or in any notice required by this Act, shall in anywise prevent or abridge the operation of this Act with respect to such person, place, or thing, provided that such person, place, or thing, shall be so denominated in such schedule, list, register, or notice, as to be commonly understood; and that the word "oath" shall include affirmation, where by law such affirmation is required or allowed to be taken in place of an oath; and where the subject or context requires it, every word importing the singular number only shall extend and be applied to several persons or things as well as one person or thing; and every word importing the plural number shall extend and be applied to one person or thing as well as several persons or things. sessions, clerks of the peace, and treasurers of counties. Misnomer not to vitiate. "Oath." Singular. Plural. Overseers.] Assistant overseers are included in this description: Points v. 6 Vict. c. 18. Attwood, 6 C. B. 38. By the post.] See note to s. 100. Misnomer.] Compare s. 75 of the Act, ante, p. 109. The provision as to misnomers applies only to cases where a party, intending to describe accurately, describes insufficiently, as where a name is slightly mis-spelt: Hinton v. Hinton, 7 M. & G. 163, and not to cases where a place of abode has been changed: Melbourne v. Greenfield, 29 L. J. C. P. 81; 7 C. B. (N.S.) 1; 6 Jur. (N.S.) 510; 1 L. T. 93. Sufficiency of description is a question of fact for the revising barrister: Jones v. Pritchard, L. R. 4 C. P. 414; 38 L. J. C. P. 67; 19 L. T. 563; 17 W. R. 175; 1 H. & C. 91; Thackway v Pilcher, L. R. 2 C. P. 100; 36 L. J. C. P. 73; 15 L. T. 443; 15 W. R. 223. See further s. 28, subs. 2 of the Act of 1878, p. 153. [Schedule A. Forms for Counties, No. 1, being Form of Precept, repealed by Act of 1865, and the remainder by the Act of 1885.] [Schedule B. Forms 1-4 for Boroughs repealed by Acts of 1878 and 1885.] No. 5. LIST of FREEMEN to be published by the TOWN CLERK. [or of THE LIST of FREEMEN of the city [or borough] of for the said city [or borough]. Christian Name and Surname of each Place of his Abode. No. 7. NOTICE of CLAIM by FREEMEN to be given to the TOWN CLERK. To the Town Clerk of the City [or Borough] of I HEREBY give you notice, that I claim to have my name inserted in the list made by you of persons entitled as freemen to vote in the election of a member [or members] to serve in Parliament for the city [or borough] of and that my qualification is as freeman of and that I reside in Street, in this city [or borough, or as the case may be]. Dated this one thousand eight hundred and day of (Signed) J.D. 6 Vict. c. 18, Sched. B. Forms as to No. 9. LIST of CLAIMANTS to be published by the Town Clerk. THE following persons claim to have their names inserted in the list of the Christian Name and Surname of each Place of his Abode. No. 13. THE LIST OF PERSONS objected to, to be published by the TOWN CLERK. THE following Persons have been objected to as not being entitled to have their names retained on the list of the freemen of the city [or borough] of [or of with the city [or borough] of being a place sharing in the election 1, entitled to vote in the election of a member [or members] for the said city [or borough]. |