Page images
PDF
EPUB

CONTROVERTED ELECTIONS,

DETERMINED IN

COMMITTEES

ОР

THE HOUSE OF COMMONS,

IN THE

SECOND PARLIAMENT

OF THE REIGN OF

QUEEN VICTORIA,

BEING THE THIRD PARLIAMENT SINCE THE PASSING OF THE ACTS FOR THE AMENDMENT

OF THE REPRESENTATION OF THE PEOPLE.

BY
THOMAS FALCONER, ESQ., OF LINCOLN'S INN,

AND
EDWARD H. FITZHERBERT, ESQ. OF THE INNER TEMPLE,

BARRISTERS-AT-LAW.

LONDON:
SAUNDERS AND BENNING, LAW BOOKSELLERS,
(SUCCESSORS TO J. BUTTERWORTH AND SON,)

43, FLEET STREET;

1839.

115RARY OF THE

LELAND STANFORD, JR., UNIVERSITY

LAW DEPARTMENT.

a. 53528

JUL 10 1901

LONDON:
RAYNER AND HODGES, PRINTERS,
109, Fetter Lane, Fleet Street.

TABLE OF CASES

Petition.

Ground of Petition
proceeded upon.

Result.

Page.

Bedford
Scrutiny .....

Member duly elected... 429 Belfast

Qualification, scrutiny.... Candidates seated 695 Carlow Borough, 1837... Scrutiny

Member duly elected... 1 ('arlow Borough, 1838... Register

Member duly elected... 606 Carlow County, 1838 .... Register

Member duly elected... 607 Devizes .... Tendered votes

Candidate seated 454
Dublin, 1835...
Scrutiny

Candidates seated 88
Dublin, 1838..
Scrutiny

Members duly elected... 624
Evesham
Bribery and scrutiny Candidate seated

504 Galway Disqualification

Member duly elected... 579 Scrutiny

Candidate seated 266 ADD-upon-Hull.. Scrutiny

Candidate seated 560 Scrutiny

Petitioner seated....... 333 London Bribery

Members duly elected.. 659 Longford County Register

Members duly elected . 214 1. Maidstone .........

Bribery.....

Member unseated 667 2. Maidstone

Disqualification

Member duly elected... 671 Malden

Rights of freemen Member duly elected... 647 Newry: Poll-books

Member duly elected... 577 Petersfield.. Tendered votes..

Candidate seated 261 Queen's County. Register

Members duly elected.. 605 Reading........ Scrutiay

Members duly elected.. 546 Roxburgh Riots

Member duly elected... 467 Salford Lists

Member duly elected... 263 Shaftesbury Scrutiny, treating.

Candidate seated ..........

363 Stirlingshire Tendered votes ....

Candidate seated 538 Sligo ...... Qualification....

Member duly elected... 564 Taunton....... Scrutiny ..

Member duly elected... 295 Tralee .......... Tendered votes

Candidate seated ..... 318 Walsal Scrutiny

Member duly elected... 357 Waterford .. Bribery

Member duly elected... 568 Wicklow County Register

Members duly elected.. 608 Scrutiny

Member duly elected... 686 Westmeath Scrutiny

Member duly elected... 614 Woodstock ........... Scrutiny

Member duly elected... 447 Yarmouth Bribery

Member duly elected... 663 Youglial Scrutiny

Member duly elected... 385,613

Wigan

[blocks in formation]

Page. 213 399 452 569 571 572 575 589 610

Line. 24 18 after 17 after 28 for 21 for 21 for 12 for

29 for last line, after

“ v. 72" " ascertain" « as I state" “ attached" “other” “ tell" “ admissible" “ follows" “ being"

read insert insert read read read read read insert

“if" " ]” « attacked" “ voter" “ call" « adviseable" “ follow"

The writs to summon the Parliament to which these Reports relate were tested on July 17th, 1837, and were made returnable September 11th 1837. An obscurity in one or two cases, reported in this volume, will be removed by noticing these dates.

Since the remarks of Mr. Fitzherbert upon the law of Elections contained in the Introduction, were published, an Act has been passed, constituting new tribunals for the trial of Controverted Elections—an act that will be found deficient in not having settled some conflicting decisions upon the law, and in making no sufficient provision to produce an uniformity of decision, or to lessen the enormous expenses especially in Scotch and Irish cases of the present system.

By two provisions the most general causes of complaint connected with Election petitions might be removed.

First, by Committees giving authority to the first decisions made upon points of law. Discussions upon the same questions are raised upon every occasion, no matter how often they have been determined. The sittings of Committees are prolonged, not in hearing arguments upon new questions of law, but in hearing all the arguments that Counsel have ever heard of upon the same subject, repeated and refined upon. There is more than a mere chance that any former decision will be reversed. But if Committees adopted former decisions as authority, many discussions would be put an end to and some uniformity of determination might be obtained. If in every case, it was understood that a binding precedent was to be made which might subsequently affect the political interests of the parties making it, more caution and far less partiality

« PreviousContinue »