Dempsey Appellant v Keegan Respondent

• Jurisdiction: Ireland
• Judgment Date: 16 November 1885
• Date: 16 November 1885
• Court: Chancery Division (Ireland)

Appeal.

Before MAY, C. J., and FITZ GIBBON, BARRY, and NAISH, L.JJ.

DEMPSEY

APPELLANT

and

KEEGAN

RESPONDENT

Foskett v. KaufmanTLRELR The Times, Nov. 6, 1885; since reported 16 Q. B. Div. 279.

Bartlett v. GibbsUNK 5 M. & G. 81.

Porrett v. Lord 5 C. P. Div. 65.

Onions v. BowdlerENR 5 C. B,65, 73.

Ford v. HoarELR 14 Q. B. Div. 510.

Kelleher v. TarrantUNKIR I. R. 3 C. L. 130.

Hitchins v. BrownENR 2 C. B. 25.

Bardle v. WatsonELR L. R. 7 C. P. 162; 1 Hop. and Colt 591, 603.

Bartlett v. GibbsUNK 5 M. & G. 81.

Foskett v. KaufmanELR 16 Q. B. Div. 279.

Bartlett v. GibbsUNK 5 M. & G. 81.

Parliament Borough vote Registration of voters Description of qualification Qualifying premises occupied in succession Revising Barrister's power to amend defective claim 48 vict. c. 17, s. 4.

LAW REPORTS (IRELAND). [L. R. I. regard to the nature of the qualifications requisite for a lodger claimant, it seems to me, giving a fair interpretation to the Act, that the Legislature intended that he should send in a particular form of claim, and prove it by a declaration ; and I must regard the sending in of that claim as part of the " qualification," and as a condition precedent. My view of sect. 4 is that it is not wide enough to get over the difficulty in this case. Decision below affirmed. Solicitor for the appellant : Maurice Healy. Solicitor for the respondents : Wellington Young. Appeal. DEMPSEY, APPELLANT ; KEEGAN, RESPONDENT (1). 1885. Parliament-Borough rote-Registration of voters-Description of qualification -Qualifying premises occupied in succession--Revising Barrister's power to amend defective Viet. c. 17, s. 4. Where a person's right to be admitted to the Parliamentary franchise deÂÂpends upon his occupation of different premises in immediate succession, his claim must set forth and describe the several qualifying premises, and if it omit to do so, the Revising Barrister has no power, under section 4 of the Parliamentary Registration (Ireland) Act, 1885 (48 Viet. c. 17), to amend or correct it. Decision of the Revising Barrister reversed. APPEAL by Robert H. Dempsey from the decision of the Revising Barrister for the St. Stephen's-green Division of the borough of Dublin, inserting the name of Michael Keegan on the list of voters for that division. The material portion of the " Statement" was as follows : " At a Court held by me, one of the Revising Barristers appointed to revise the list of voters for the borough of Dublin, Robert H. Dempsey duly objected to the name of Michael Keegan, and the other names set out in the schedule hereto, being inserted in a list of voters for the said borough. "The name. of Michael Keegan appeared in the list of (1) Before MAY, C.J., and Firz GIBBON, BARRY, and NAM, L.JJ. VoL. XVIII.] Q. B., C. P., a EL DIVISIONS. claimants for the polling district of the Mansion House Ward, claiming as an inhabitant householder out of...