1875

For the same reasons we in Appendix B. disallow No. 410, but WOODWARD allow all the rest. We are aware that, in so applying the prinSARSONS. ciples which we have deduced from the statute, we are acting

v.

apparently in opposition to some of the decisions in the Wigtown Case (1); but there may have been evidence in that case which does not exist in the present case, and which made many of the marks there marks of identification; which the mere presence of such marks here does not do. If this was not so, we respectfully differ from the strict view taken by the majority of the learned judges who decided that case, and adhere to the view of Lord Benholme given in that case.

It follows from our decision as to the different ballot papers, that, if the sixty which were given for Sarsons, but properly disallowed at the counting by the returning officer, had not been rendered void by the presiding officer, they would have made the votes for Sarsons 1025; from which striking three disallowed papers in Appendix A., his numbers would have been 1022; and adding the 234 for Woodward, but striking off one disallowed in Appendix B., his numbers would have been 1008. The twenty, being properly in our opinion allowed, do not affect the result.

Inasmuch, therefore, as no voter was prevented from voting, it follows that the errors of the presiding officers at the polling stations No. 130 and No. 125 did not affect the result of the election, and did not prevent the majority of electors from effectively exercising their votes in favour of the candidate they preferred, and therefore that the election cannot be declared void by the common law applicable to parliamentary elections.

us.

But then it is urged that there has been a breach of the Ballot Act, and therefore the election is by virtue of the Act itself void. This is the third question which was raised in argument before It is said that s. 13, though it is in a negative form, assumes as an affirmative proposition that a non-compliance with the rules, or any mistake in the use of the forms, would render an election invalid, unless it appeared that the election was conducted in accordance with the principles laid down in the body of the Act and that such non-compliance or mistake did not affect the result

(1) 2 O'M. & H. 215, 227; 1 Court of Sess. Cases (4th series), 925, 231, nom. Haswell v. Stewart.

1875

v.

SARSONS.

of the election. If this proposition be closely examined, it will be found to be equivalent to this, that the non-observance of the WOODWARD rules or forms which is to render the election invalid, must be so great as to amount to a conducting of the election in a manner contrary to the principle of an election by ballot, and must be so great as to satisfy the tribunal that it did affect or might have affected the majority of the voters, or, in other words, the result of the election. It therefore is, as has been said, an enactment ex abundanti cautelâ, declaring that to be the law applicable to elections under the Ballot Act which would have been the law to be applied if this section had not existed. It follows that, for the same reasons which prevent us from holding that this election. was void at common law, we must hold that it is not void under the statute.

As between the petitioner and the respondent Sarsons, we therefore hold that this petition must be dismissed with costs.

As between the petitioner and the respondent Sadler, we are of opinion that, inasmuch as there was no personal default by the respondent, and the result of the election was not affected, the petition must be dismissed, each party to bear his own costs.

Petition dismissed.

Agents for petitioner: Sharpe, Parkers, Pritchard, & Sharpe.
Agents for respondent: Young, Maples, & Co.

Agents for returning officer: Robinson & Preston.

END OF TRINITY TERM, 1875.

INDEX.

ACCEPTANCE OF OFFER-Agreement-What a AFFIDAVIT - Acknowledgment by married

APPEAL FROM CHAMBERS-continued.
application to rescind the order on the ground
that the cause was a fit one to be tried in a
superior Court. HOLMES v. MOUNTSTEPHEN 474
ARBITRATION-Mistake of law
388

See MISTAKE OF ARBITRATION.
ARBITRATION CLAUSE Building society -
Rules
679

-

See BUILDING SOCIETY.

ARREST OF JUDGMENT-Libel-Damages 502
See LIBEL.

ARTICLED CLERK-Enrolment of articles
See ENROLMENT OF ARTICLES.
Service

-

-

-

See SERVICE BY ARTICLED CLERK.

638

ASSESSMENT TO POOR-RATE—continued.
provided that when the roadway, new streets, and
approaches were completed, of which completion
a certificate signed by the chairman of the de-
fendants' board, and delivered to the clerk of the
peace, should be conclusive evidence, all the
ground laid open into the same respectively
should be deemed to form part thereof respec-
tively, and be used by the public accordingly.
The defendants took lands for the purposes of the
Act, and the works were commenced in 1865. On
the 11th of May, 1870, the certificate of comple
tion required by the Act was given, but certain
additional lands not required for the street im-
provements still remained in the hands of the
569 defendants unbuilt upon, and were not rated to
the poor-rate. The 133rd section of the Lands
ASSESSMENT TO POOR-RATE Rateability of the promoters of the undertaking become pos-
Clauses Consolidation Act, 1845, provides that if
"Moorings in the River Thames"-Thames Con- sessed by virtue of that Act, or the special Act, of
servancy Act, 1857 (20 & 21 Vict. c. clxvii), 8. 91.] lands liable to be assessed to the poor's rate, they
The plaintiffs were possessed of a floating derrick shall from time to time until the works shall be
for unloading coals from colliers and reloading
them into barges in the River Thames within the completed and assessed to such poor's rate, be
boundary of the parish of Greenwich, which derrick ment for poor's rate, by reason of such lands
liable to make good the deficiency in the assess-
had been for several years moored or anchored at
the same spot to moorings which had been placed having been taken or used for the purposes of the
by them in the bed of the river with the permis- according to the rental at which such lands with
works, and such deficiency shall be computed
Conservancy Act, 1857, subject to the payment of any building thereon were valued or rated at the
a certain rent, and to removal at the will of the time of the passing of the special Act, and on
conservators. These moorings consisted of two undertaking or their treasurer shall pay all such
demand of such deficiency the promoters of the
single-fluked anchors with iron stocks such as are
only used for permanent moorings, which buried deficiencies to the collector of the said assess-
river, and two large fan-shaped screws screwed the defendants an aggregate sum representing
themselves by their own weight in the bed of the ment. The overseers of the parish of St. Mary,
Lambeth, for the year 1871-1872, demanded of
into the bed of the river to a depth of ten feet [or deficiency of assessment for all the years from
of two large stones sunk by dredging in the river's 1865 to 1871, no previous demand having been
bed], to which anchors and screws [or stones] the made of any deficiency. The poor-rate accounts
derrick was fastened by means of chain-cables. of the parish had been duly audited for each of
The anchors and screws [or stones] formed per- these years and were closed-Held, that the
manent moorings, which it would be impossible
for the derrick using them to weigh in the ordi- deficiency of assessment could only be recovered
nary way-Held, that the plaintiffs were not up to the date of the certificate, as the works
liable to be rated or assessed to the relief of the though land taken under the Act by the defend-
were then complete within the meaning of s. 133,
poor of the parish in respect of these "moorings," ants still remained unbuilt upon. Secondly, that
inasmuch as they had not an exclusive occupation the fact that the works contemplated by the
of any portion of the soil of the river, but merely special Act were not such as would be assessable
a licence to attach their vessel to the moorings, to poor's rates when completed, did not prevent
at the pleasure of the conservators.
BRISTOW

sion of the conservators under s. 91 of the Thames

2.

-

CORY V.

504

Lands Clauses Consolidation Act, 1845
(8 Vict. c. 18), s. 133-Deficiency in Assessments
Completion of Works-Arrears of Deficiency-
Parties to Recover-Thames Embankment Act, 1863
(26 & 27 Vict. c. 75).] The defendants were
authorized by the Thames Embankment Act,
1863, to construct an embankment on the south
side of the Thames, in the parish of St. Mary,
Lambeth, and also to make certain street im-
provements. For these purposes the Act em-
powered them to take lands, and incorporated the
Lands Clauses Consolidation Act, 1845. The
power of taking lands so given to them extended
to more than was necessary for the mere purpose
of the embankment and roadway of the streets;
and they were empowered to take and let addi-
tional land for building purposes, and sell the
ground rents for the purpose of recouping their
outlay in making the improvements. The Act

the 133rd section from applying to lands taken
for such works. Thirdly, that the defendants
were liable to make good all deficiencies caused
by lands having been taken for the purposes of
the Act, until the date of the certificate of com-
pletion of the works, but that as soon as any
buildings were erected on any such lands and
assessed, or became liable to be assessed, the rate-
able value of such buildings was to be credited
against the deficiency; and fourthly, that the
plaintiffs might enforce payment of the aggregato
of the deficiencies arising for all the years from
1865 to 1870.-Some of the lands taken were at
the passing of the special Act in the occupation
of the commissioners of works for public purposes
as servants of the Crown, and though in the
valuation lists, had not, while in such occupation,
been rated-Held, that the defendants were not
liable to make good any deficiency in respect of
such lands. STRATTON. THE METROPOLITAN
BOARD OF WORKS

76