Henry Onion, Appellant, John Bowdler, Respondent
| Jurisdiction | England & Wales |
| Judgment Date | 18 November 1847 |
| Date | 18 November 1847 |
| Court | Court of Common Pleas |
English Reports Citation: 136 E.R. 798
IN THE COURT OF COMMON PLEAS
S. C. 2 Lutw. Reg. Cas. 59; 17 L. J. C. P. 70; 11 Jur. 1041. Explained, Bendle v. Watson, 1871, L. R. 7 C. P. 168. Distinguished, Porrett v. Low, 1879, 5 C. P. D. 72. Referred to, Ford v. Hoar, 1884, 14 Q. B. D. 514. See Foskett v. Kaufman, 1885, 16 Q. B. D. 279.
798 ONIONS V. BOWDLBR 5 C. B. 65, [65] borough of shrewsbury. henry onions, Appellant, john bowdler, Respondent. Nov. 18, 1847. [S. C. 2 Lutw. Eeg. Cas. 59; 17 L. J. C. P. 70; 11-Jur. 1041. Explained, Bendle v. PFatson, 1871, L. E. 7 C. P. 168. Distinguished, Porrett v. Low, 1879, 5 C. P. D, 72. Eeferred to, Ford v. Hoar, 1884, 14 Q. B. D. 514. See Foskett v. Kaufman, 1885, 16 Q. B. D. 279.] The 6 & 7 Viet. c. 18, s. 40, empowers the revising barrister to insert the qualification of a voter in the list, where it has been wholly omitted, or to amend the description where it is insufficiently stated; but it does not authorise him to amend a qualification imperfectly stated, by adding a new qualification.-In a list of borough voters, the qualification of the appellant was described in the third column as " house in succession," and, in the fourth, to be situate in " Butcher Eow." It appeared that the qualification in truth consisted of the successive occupation by the party of two houses, one in Butcher Eow, the other in Coleham, in the same borough; and the revising barrister was called upon to amend the description, by adding an s to the word house in the third column, and inserting Coleham in the fourth; which he declined to do:-Held, that the proposed amendment was not one which it was competent to the revising barrister to make. John Bowdler objected to the name of Henry Onions being retained on the list of voters for the parish of St. Alkmond, in the borough of Shrewsbury. The list stood thus:- Christian Name and Surname of the Voter. Place of Abode. Nature of Qualification. Street, &a., where Property situate, &c. Henry Onions. Butcher Eow. House in succession. Butcher Row. Henry Onions occupied two houses in immediate succession. It was proved that he had removed from Coleham, in the parish of St. Julian, to Butcher Eow, in the parish of St. Alkmond, on the 1st of May, 1847. Both parishes are within the borough. The revising barrister was required to amend the third column, by making it " houses in succession," and the fourth, by inserting " Coleham arid." He held that he had no power to do so, on the ground that both the qualifying properties occupied in succession, should [66] have been stated in the list; and accordingly he expunged the names of Henry Onions and of seventeen other persons whose cases were consolidated with the principal case. In the event of the court holding his decision to be wrong, the names of the several persons are to be restored to the list. Whateley, for the appellant. The question in this case is, whether or not the revising barrister had power to amend the list of voters, as he was required to do by the appellant, under the 40th section of the 6 & 7 Viet. c. 18 (a). It is submitted (a) By that section it is enacted "that the revising barrister shall correct any mistake which shall be proved to him to have been made in any list, and shall expunge the name of every person whose qualification, as stated in any list, shall be insufficient in law to entitle such person to vote, and also the name of every person who shall be proved to him to be dead; and, whenever the Christian name, or the place of abode, or the nature of the qualification, or the local or other description of the property of any person who shall be included in any such list, and the name of the occupying tenant thereof, shall be wholly omitted, in any case where the same is by this act directed to be specified therein,-or, if any person whose name is included in any such list, or his place of abode, or the nature or description of his qualification, shall, in the judgment of the revising barrister, be insufficiently described for the purpose of being identified, such barrister shall expunge the name of every such person from such list, unless the matter or matters so omitted or insufficiently described, be supplied to the satisfaction of such barrister before he shall have completed the revision of such 5C.B.67. ONIONS V. BOWDLEB 799 that he had. The alteration was required only for the purpose of more clearly and accurately defining the qualification. [Wilde, C. J., referred to...
To continue reading
Request your trial
-
SZQCN v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs
...submissions raise issue not raised clearly or squarely before the Tribunal – appeal dismissed Legislation: Migration Act 1958 (Cth) ss 5CB, 65 Migration Regulations 1994 (Cth), cls 820.211, 820.221 of sch 2, 3001 of sch 3 Federal Court Rules 2011 (Cth) Cases cited: EPU19 v Minister for Immi......
-
Singh v Minister for Immigration and Border Protection
...[2019] FCCA 3068 File number: SAD 241 of 2019 Judgment of: BESANKO J Date of judgment: 7 May 2021 Legislation: Migration Act 1958 (Cth) ss 5CB, 65, 360 Migration Regulations 1994 (Cth) Reg 1.09A, Sch 2, Pt 820, cll 820.211, 820.221 Cases cited: Kaur v Minister for Immigration and Border Pro......
-
Howitt v Stephens
...nature of his qualification as to enable parties interested in the inquiry to ascertain its sufficiency'! In Onions, A-py., Bawdier, Ku^p. 5 C. B. 65, 2 Lutw. Reg. Cas. 59, it was held that the 0 & 1 Viut. c. 18, s. 40, impowers the revising-barrister to insert the qualification of a voter ......
-
Dempsey Appellant v Keegan Respondent
...list. See 6 Vict. c. 18, s. 40, as to the old law. (1) The Times, Nov. -6, 1885; since (3) 5 C. P. Div. 65. reported 16 Q. B. Div. 279. (4) 5 C. B. 65, 73. (2) 5 M. & 0. 81. Tot.. XVIII.] Q. b., O. P., & EX. DIVISIONS. 283 D. B. Sullivan and T. lif. Healy, for the respondent : The Revising ......