Antony v Seger

JurisdictionEngland & Wales
Judgment Date27 June 1789
Date27 June 1789
CourtConsistory Court

English Reports Citation: 161 E.R. 457

IN THE CONSISTORY COURT

Antony
and
Seger

Applied, Reg. v. St, Matthew, Bethnal Green, 1875, 32 L. t. 559; Reg v. Wimbledon Local board, 1882, 8 Q. B. D. 516 Distinguished, Rex v. Bishop of Sarum, [1916] 1 K. B. 472.

[9] anthony v seger. 27th June, 1789.-Election of churchwarden. Alien disqualified; effect of the poll considered as to the other parties, on the disqualification of the person elected. -Re-election [Applied, Reg. v. St. Matthew, Bethnal Green, 1875, 32 L. T. 559; Reg v. Wimbledon Local Board, 1882, 8 Q. B. D. 516 Distinguished, Sex v. Bishop of Sanim, [1916] 1 K. B. 472.] This was a question arising on the election of churchwardens in the parish of Ealiogr at a vestry held for that purpose, on the following facts ò-Le Cornu and Wincuffe were nominated, and also Mr. Anthony, and on a shew of hands in favor of the former two, a poll was demanded , and on casting up the poll the numbers appeared to be, for Le Cornu, 38, for Wincuffe, 35, and none for Anthony, but an objection being made to Le Cornu when he applied to take the oaths, that he was an alien, he admitted the fact, and was declared ineligible, and a motion was made to ad mil Anthony as elected. On the part of Anthony it was contended that those who had held up their hands for him had also given in a paper to the same effect, and in so doing, had actually voted and polled; that on the disqualification of the other candidate, the person for who they so voted was entitled to be considered as duly elected. On the other side it was argued that the poll, as taken on the poll book, was the only regular election; the shew of hands being but an experiment to save trouble, and completely annihilated, when the poll was demanded. The Court directed the poll book to be produced ; and on a subsequent day (4th July) affidavits were brought in-of the vestry clerk swearing that he saw no poll book-and of twenty-five other persons swearing that there was one [10] The vestry book was exhibited, in which there was an entry of Le Cornu and Wincuffe, as duly elected, but none as ta Anthony. Judgment-Sir William Scott. The proper and regular method is for the church wardens to return two persons to succeed them ; but this is not exclusive of other methods, and though customary, it is not indispensably necessary, provided the Court has satisfactory information of the election in any other way. When the persons elected by this parish presented themselves, an...

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1 cases
  • Morgan v Simpson
    • United Kingdom
    • Court of Appeal (Civil Division)
    • July 18, 1974
    ...important points. 12 The common law method of election was by show of hands. But if a poll was demanded, the election was by poll - see Anthony v. Seger (1789) 1 Hag. Con, 8 at page 13. A poll was taken in this way:- The returning officer or his clerk had a book in which he kept a record of......

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