Gregg v Kennedy

JurisdictionIreland
Judgment Date15 November 1910
Date15 November 1910
CourtCourt of Appeal (Ireland)
Gregg
and
Kennedy (1).

Appeal.

CASES

DETERMINED BY

THE KING'S BENCH DIVISION

OF

THE HIGH COURT OF JUSTICE IN IRELAND,

AND ON APPEAL THEREFROM IN

THE COURT OF APPEAL,

AND BY

THE COURT FOR CROWN CASES RESERVED.

1911.

Parliamentary franchise — Power of Revision Court to amend — Bona fide mistake not tending to mislead — Qualifying premises inserted in list for polling district other than that in which they are situate — 48 Vict. c. 17, s. 27, sub-s. 1.

Where the name of a voter, otherwise duly qualified, appeared in the supplemental list of inhabitant householders for the registration unit of A, polling district of B, and the qualifying premises were situate in the same unit, polling district of C, and the Revising Barrister, being satisfied that the error arose from a bona fide mistake, and that no person had been thereby misled or prejudiced, transferred the name from the list for B to the list for C.

Held, that he had power to make such amendment.

Appeal by the objector from the decision of Mr. Thomas J. Campbell, Assistant Revising Barrister for the county of Donegal.

The name of the respondent, William Kennedy, appeared on the supplemental list of inhabitant householders in the registration unit of Killea, polling district of St. Johnston, parliamentary division of East Donegal, in respect of qualifying premises in Kildrum, in succession from Tyroddy. He was duly objected to. His right to be registered was proved subject to a question of law raised by the objector on the following facts:—

Kildrum is a townland in the registration unit of Killea. Part of this registration unit is in the polling district of St. Johnston, and the rest of it in the polling district of Newtowncunningham. Both polling districts are in the parliamentary division of East Donegal. The name of William Kennedy was inserted in the right registration unit, but in the

wrong polling district, the qualifying premises being in fact in the polling district of Newtowncunningham.

The Assistant Revising Barrister stated that he was satisfied that the insertion of the name in the wrong polling district arose from a bona fide mistake on the part of the registration agent, who returned the qualifying premises as situate in the polling district of St. Johnston, to the Clerk of the Union, by whom the same were inserted by that description in the supplemental list. The Assistant Revising Barrister stated that he was satisfied that no person had been misled or prejudiced by the mistake...

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