Clarke v Buchanan

• Jurisdiction: Ireland
• Judgment Date: 24 November 1886
• Date: 24 November 1886
• Court: Court of Appeal (Ireland)

Appeal.

Before PORTER, M. R. and FITZ GIBBON and BARRY, L. JJ.

CLARKE

and

BUCHANAN

Bradley v. BaylisELR 8 Q. B. Div. 210.

Cullen v. Morris 2 Stark. N. P. C. 577; cited in Rogers on Elections, pp. 89, 106.

Clarke v. Torish (M'Gonagle's Case)UNK 18 L. R. Ir. 60.

Parliament — Registration — Rated occupier — Owner liable to pay rates — Rates unpaid — No notice given to occupier.

Appeal, 1886. CLARKE v. BUCHANAN (1). Nov. 24. (CARLIN'S CASE.) Parliament-Registration-Rated occupier-Owner liable to pay rates-Rates, unpaid-No notice given to occupier. A claimant is not entitled to the franchise as a rated occupier where the rates, payable in respect of the qualifying premises, have not been paid, though the owner, and not the occupier, is the person liable to pay the rates, and though no notice of the rate being in arrear was given to the occupier, as. required by the 30 & 31 Viet. c. 102, s. 28. APPEAL from the decision of Thomas Perry Lynch, Revising-Barrister of the North Division of the county of Tyrone. The case stated was as follows : " At a Court held at Strabane in September, 1886, by me,. Robert Clarke, being properly qualified in that behalf, objected to-the name of Patrick Carlin, on the ground that the rates of the-qualifying premises had. not been paid previous to the 1st July, 1886. The premises were duly rated in the name of the lessor. " The said Patrick Carlin had occupied the premises as tenant for the full qualifying period up to the 20th July, 1886, and was returned in the proper column of the rate-books as such occupier. The rates of the premises were not paid previous to the 1st July, 1886; but it was established in evidence that no notice or demand of the rates in arrear, pursuant to the statute in that behalf, or at all, was served or made by the collector of rates, or any other person, on the said Patrick Carlin, as occupier of the premises, or at all. "Under the circumstances, I disallowed the objection, and. retained the name of the said Patrick Carlin on the said register " Notice of appeal was given from my decision. (1) Before POSTER, Id.R., and Frrz GIBBON and BAHR; L.JJ. Vol.. 30L1 Q. B., C. P., & EX. DIVISIONS. 245 " If the Court shall be of opinion that my decision was wrong, Appeal. the name of the said Patrick Carlin should be expunged from the 1886. said register. CLann " THOS. PERRY LYNCH, BUCRAN " Assistant Revising Barrister for the county Tyrone. " Dated 16th October, 1886." John Boss, for the...