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Of the Inner Temple and the Midland Circuit, Barrister-at Law.
Editor of The English Reports " and " The Irish Reports."
14, BELL YARD, TEMPLE BAR.
STEVENS & SONS, LT).
SWEET & MAXWELL. LTD.
CANADA LAW BOOK CO., LTD.
(1866] E. R. A.
(IN THE COMMON PLEAS. ]
Nov. 21, 1865.
DODDS, appellant, v. THOMPSON, respondent.
14 W. R. 476; 12 Jur. N.S. 625. Parliament-County Vote-Freehold Tenement, 8 Hen. 6. c. 7.-Rent charged on Lands without express Power to Distrain.
ELECTION LAW.—The grant of a rentcharge in fee of 408. a year issuing out of land of sufficient value to pay the same confers a county qualification as a freehold tenement under 8 Hen. 6. c. 7, though there be no power of distress contained in the deed granting such rentcharge.
Consolidated appeal from the decision of the Revising Barrister appointed to revise the list of voters for the Northern Division of the county of Northumberland. William Thompson, on the register of voters for the township of Morpeth, in the said division, duly objected to the names of Robert Dodds, junior, and of several other persons stated in the case, being retained on the Alnwick list of voters for the said division.
The qualifications of the persons so objected to appeared on the register as “ freehold rent issuing out of freehold dwelling-houses.
The several persons so objected to claimed to be entitled to vote under or by virtue of certain deeds which were produced and proved before the Revising Barrister. A copy of one of the deeds was as follows: “ This indenture, made the 22nd day of January, 1851, between Robert Dodds the elder, of Alnwick, in the county of Northumberland, blacksmith, of the one part, and Robert Dodds the younger, of Alnwick, aforesaid blacksmith, and Adam Dodds, of the same place, grocer and tobacconist, sons of the said Robert Dodds the elder, of the other part, witnesseth, that in consideration of the natural love and affection which the said Robert Dodds the elder bears towards the said Robert Dodds the younger and Adam Dodds, he, the said Robert Dodds the elder doth hereby give and grant unto the said Robert Dodds the younger and Adam Dodds, their heirs and assigns, one annual sum, or yearly rentcharge of 41. 48. of sterling money, to be charged, and chargeable upon and yearly issuing and payable out of all those messuages, burgages, or E. R. A. -VOL. 2