Barton v Ashley
| Jurisdiction | England & Wales |
| Judgment Date | 17 November 1845 |
| Date | 17 November 1845 |
| Court | Court of Common Pleas |
English Reports Citation: 135 E.R. 840
IN THE COURT OF COMMON PLEAS.
S. C. 1 Lutw. Reg. Cas. 307; Barr. & Arn. 318; 15 L. J. C. P. 36. Distinguished, Aldridge v. Medwin, 1868, L. R. 4 C. P. 467. Followed, Hartley v. Halse, 1888, 22 Q. B. D. 203.
city of lichfield. william barton, Appellant, thomas ashley, Respondent. Nov. 17, 1845. [S. C. 1 Lutw. Keg. Cas. 307; Barr. & Arn. 318; 15 L. J. C. P. 36. Distinguished, Aldridge v. Medwin, 1868, L. E. 4 C. P. 467. Followed, Hartley v. Salse, 1888, 22 Q. B. D. 203.] A notice of objection delivered to the overseers under the 6 & 7 Viet. c. 18, s. 17, sched. (B.), No. 10, where there are more lists than one made out by the overseers, must specify the particular list to which the objection refers. William Barton objected to the name of Thomas Ashley being retained on the list of persons entitled to vote in the election of members for that city. The objector gave in evidence, and duly proved the service of, a notice of objection upon the said Thomas Ashley, according to the form No. 11 in Schedule (B.) of the statute 6 & 7 Viet. c. 18 ; and he also gave in evidence and proved the service of a notice of objection upon the overseers of the parish of St. Michael, in the list of [5] which parish, containing the names of persons entitled to vote in the election of members of parliament for the said city, by virtue of the provisions of the statute 2 W. 4, c. 45, the name of the said Thomas Ashley appeared as follows; that is to say, 2 C. B. 6. BARTON V. ASHLEY 841 " The list of persons entitled to vote in the election of members for the city of Lichfleld in respect of property occupied within the parish of St. Michael, by virtue of an act passed in the second year of the reign of King William the Fourth, intituled, ' An act to amend the representation of the people in England and Wales.'" Christian Name and Surname of each Voter. Place of Abode, Nature of Qualification. Street, Lane, or other like Place in this Parish, .and Number of House where the Property is situated. Ashley, Thomas. Greenhill. House. Greenhill. The last-mentioned notice of objection was in the following words :- " Notice of objection. " To the overseers of the parish of St. Michael, in the city of Lichfield. "I hereby give you notice that I object to the name of Thomas Ashley being retained in the list of persons entitled to vote in the election of members for the city of Lichfield. Dated, this 25th of August, 1845." (Signed) " william baeton, of Stone Street, Lichfield, on the list of freemen for the city of Lichfield." In the city of Lichfield, it is the duty of the overseers of the several parishes,- and, amongst the rest, of the said parish of St. Michael,-to make out and publish two separate lists of persons entitled to vote in the election [6] of members for the said city; the one, in respect of persons entitled to vote in the election of members for the said city, in respect of property occupied within the said parish, by virtue of the provisions of the statute 2 W. 4, c. 45; and...
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