Campbell v Chambers

• Jurisdiction: Ireland
• Judgment Date: 17 November 1887
• Date: 17 November 1887
• Court: Court of Appeal (Ireland)

Appeal.

Before SIR MICHAEL MORRIS, C.J., and FITZ GIBBON, BARRY, and NAISH, L.JJ.

CAMPBELL

and

CHAMBERS

M'Gonagle's CaseUNK 18 L. R. Ir. 63.

Moylan v. Port and Docks BoardUNK Ir. R. 9 C. L. 457.

The Guardians Limerick Union v. WhiteUNK 2 Ir. C. L. R. 630.

Birmingham v. Shaw 10 Q. B. 858.

Moylan v. Dublin Port and Docks BoardUNK Ir. R. 9 C. L. 457.

Parliament — Registration of voters — Occupation of premises in succession Rates — Claim.

CAMPBELL v. CHAMBERS (1). (KEMPSTON'S CASE.) Parliament-Registration of voters- Occupation of premises in succession Rates-Claim. The occupier in immediate succession of premises A and. B is not disÂqualified by non-payment of a rate charged on premises A, struck after his change of occupation to B. Claims in boroughs need not state the amount of the qualification. APPEAL by John Campbell from the decision of the Recorder of Londonderry, retaining the name of James Kempston on the list of voters, notwithstanding the appellant's objection. The Recorder stated the following case : " At a Court held in Londonderry, for the revision of the lists of voters for the borough of Londonderry, on the 19th September, 1887, and following days, the name James Kempston appeared on the List No. 21, being the claimants' list of male persons claiming to be entitled to vote in the election of a member to serve in Parliament, as follows :- Surname and Christian Name. Place of Abode. Nature of Qualification whether Rated Occupier, or I n Inhabitant Name or Description of Premises, viz. : Street, Lane, &c. Householder. KEMPSTON, JAMES. Shantallow. Rated Occupier of Shop, Room, and At Ferryquay-street and previously at Premises, £10. Strand-road, all in the city of London derry, occupied in immediate succes sion for 12 months, on and previous to 20th July, 1887. VoL. XXII.) Q. B. & EX. DIVISIONS. and was regularly objected to by appellant. I find the following facts : "James Kempston occupied the premises at Strand-road for a considerable period, and was rated for them at £6 a-year. He was registered as a voter in respect of those premises in the list of voters for the year 1884, also in the list of voters for the year 1885, and again in the list of voters for the year 1886. He ocÂcupied those premises until the 1st September, 1886, on which day he moved into the premises at Ferryquay-street. His tenancy of the premises at Strand-road still continues, and his name remains on the rate-book as the rated occupier thereof. Some boxes of his remained in the Strand-road premises during the month of SepÂtember. These boxes were moved into Ferryquay-street on the 1st October, 1886. " On the 1st October, 1886, one Gamble, to whom Kempston had sublet the premises at Strand-road, went into the occupation of them. James Kempston paid all rates and taxes due in respect of the premises at Strand-road up to the 1st October, 1886. A rate for the relief of the poor was struck in the...