Passingham v. Pitty (a), 17 C. B. 299, 314, 315. Decision (in favour of the vote) affirmed, with costs.

De Boinville v. Arnold, 1 C. B., N. S. 3, 22. Decision (in favour of the vote) affirmed, with

costs.

Clarke v. Bury St. Edmunds, 1 C. B., N. S. 23, 33. Decision (against the vote) affirmed, without

costs.

Hannaford v. Whiteway (a), 1 C. B., N. S. 53, 62.

Decision (against the vote) affirmed, with costs. Sherlock v. Steward, 7 C. B., N. S. 21, 28. Decision (against the vote) affirmed, without costs (the case being a reasonably fit one for argument). Collier v. King, 11 C. B., N. S. 14, 478. Decision (against the vote) affirmed, without costs (the case being a reasonably fit one for argument). Powell v. Bradley, 18 C. B., N. S. 65, 71. Decision (in favour of the vote) affirmed, with costs. Tepper v. Nicholls, 18 C. B., N. S. 121, 141. Decision (against the vote) affirmed, without costs.

Flatcher v. Boodle, 18 C. B., N. S. 152, 168. Decision (in favour of the vote) affirmed, with

out costs.

Ford v. Boon (a), L. R. 7 C. P. 150, 158. Decision (in favour of the vote) affirmed, without costs.

Pickard v. Baylis, L. R. 5 C. P. D. 235. Decision (against the vote) affirmed, without costs (b).

(a) In this case the appellant's counsel only was heard.

(b) Per Lord COLERIDGE, C. J., "As counsel for the respondent has been instructed at the request of the court, we do not consider it a case in which the appellant should pay costs."

It was the rule that when the revising barrister's decision was reversed, no costs were given:

Burton v. Aston, 2 Lutw. 143, 158.
Lee v. Hutchinson, 2 Lutw. 159, 169.
Barclay v. Parrott, 1 C. B., N. S. 49, 52.
Smith v. Huggett, K. & G. 434, 437.
Heelis v. Blain, 18 C. B., N. S. 90, 110.

But the Legislature may have intended to modify the above-mentioned rule by the enactment of sect. 38 of the Parliamentary and Municipal Registration Act, 1878, quoted ante, on p. 497.

In an appeal from a revising barrister, the point which was raised by the case depended on a question of fact which the barrister did not decide. The court refused to decide the question, and remitted the case, to be re-stated. The appellant then abandoned the appeal. The court held that the respondent was not entitled to costs: Lawe v. Maillard, L. R. 4 C. P. 547.

Where the respondent to an appeal intends to take a preliminary objection he should give notice to the appellant of his intention to do so. If no such notice is given, and the objection prevails, the appeal will be dismissed without costs: In re Speight, Ex parte Brooks, L. R. 13 Q. B. D. 42.

INDEX.

ABODE, objector's place of, must be sufficiently stated in
notice of objection without reference to register, 264;
objector's actual place of, must be stated in notice of
objection, 270, 278, 291; voter's place of, must be stated
in notice of objection as it is stated in list of voters when
transmitted by clerk of the peace, 283; sufficiency of
description of objector's place of, in notice of objection,
301; voter's place of, need not appear on the face of
notice of objection, 309; sufficiency of description of
objector's place of, a question of fact for barrister, 320;
objector's place of, when, if omitted from notice of objec-
tion, may be supplied by revising barrister, 332; wholly
untrue statement of voter's place of, amendable, 353.

ACTUAL POSSESSION, of rent-charge for six months necessary
to satisfy section 26 of Reform Act, 1832...80.

ADDRESS OF LANDLORD omitted from new lodger claim,
revising barrister has a discretion as to inserting, 259.

AFFIDAVITS. See Revising Barrister.

AFTER GRASS (rights of). See Chipping Sodbury.

AGENT, declarations in a consolidated appeal signed by, 157,
158, notes, 259, note, 328, note, 347, note.

ALLOWANCE OR DEDUCTION from poor rate, 407.

ALMS, what not a receipt of, 424; what a receipt of, 430, 438,
440, 442.

ALMSMEN. See Hospital.

AMENDMENT. See Abode, Claim, Description, Declaration,
Dwelling-house, List, New Lodger, Objection, Occupation,
Qualification, Revising Barrister.

No power to alter in third column freehold to leasehold,
366; nor, without declaration under 41 & 42 Vict. c. 26,

AMENDMENT-continued.

66

s. 24, to strike out words from third and fourth columns,
so as to alter qualification to "dwelling-house" not in
succession, 252; by adding division in list to which
objection refers, permissible, 341; also by adding suc-
cessive" in third column where successive occupations
stated in fourth, 368; also by correcting place of abode
where bona fide mistake, 369; also by adding name of
parliamentary borough omitted by mistake in old lodger's
claim, and examining claim, though not objected to, 370;
power to amend lodger claims, 192; of mistakes in
lodger's declaration, permissible, 196; of notice not
covering real objection, not permissible, 336; not to alter
"freehold" into "leasehold," 366; nor "house in suc-
cession" into "dwelling-house," 252; but "succession"
may be added in third column, two houses being stated
in fourth, 368; of description of qualification in fourth
column by striking out surplusage, 73; by substitution
of right number of house for wrong one, when permis-
sible, 363.

ANNUITY charged on lands in different occupations, appor-
tionment of, 49; derived from land, but not charged
thereon, insufficient to qualify, 52.

APPEAL. See Practice.

Declarations in a consolidated, signed by agent, see
Agent; notice in writing of "desire to appeal" (semble)
a condition precedent to a case being stated, 490, 494;
imperfectly consolidated, may be sufficient as a single
appeal, 492; refusal of revising barrister to hear counsel
no ground of appeal, 494; nor his refusal to star voter's
name, 493; no appeal from his decision as to sufficiency
of notice of selection under 41 & 42 Vict. c. 26, s. 28...
495.

APPORTIONMENT. See Rent-charge.

Of interest on mortgage upon several freeholds, 23;
of rents and profits issuing out of land in more counties
than one, 30; of annuity charged on land in different
occupations, 49.

ARTICLED CLERK. See Exeter, Residence (break of).

ASSESSED TAXES, 409.

ASSIGNEE has no vote in respect of equitable life interest in
a term, 96.

ASSISTANT OVERSEER, 304, 325, 388.