"The counfel for Mr. Alcock, the fitting member, finding from what has paffed that their attendance cannot be productive of any good effect to their client, have requested his permiffion and authority to decline putting him to the expence of a continuance of it, with which request he has concurred." The committee then determined, "That Mr. Alcock or his agent be called in and afked, Proceedings, Whether he means to proceed with, or abandon his cafe; if he means to proceed, that he be at liberty to do so either by other counfel or by himself in perfon." The agent for the petitioner faid, "That he was directed to say, that it is left to the committee to a as they in their discretion fhall think proper." After fome difcuffion as to the mode of proceeding upon so new and extraordinary an occafion, it was agreed, that Mr. Alcock, having withdrawn himself, could no longer be confidered as a party before the committee; that whatever facts had been proved in evidence before the commiffioners in Ireland in his favor, and at his inftance, could not now avail him, as the committee could only look at fuch things as by the act of one party, and in the prefence, and subje& to the exceptions of the other party, had been made evidence upon their own minutes; that it was impoffible for the committee, who were the judges, to put themselves into the place of a perfon who had thought proper to abandon his own cafe, or to fee if that cafe contained any thing member favourable to him; and to call for an answer from the other having fide; that therefore it only remained for the petitioner to his cafe, the fhew himself duly elected by a majority of legal votes. They petitioner determined, "that the petitioner's counfel do proceed with his majority. their cafe ." In the fecond cafe of Seaford, 1786, 3 Lud 138. the fitting members having declined to defend their fears, the committee refolved that the peritioners were duly elected, without hearing any evidence on their part. See alio the cafes of Dumbartonshire, 1781, lichef It ter and Okehampton, 1784, cited by Mr. Luders in a note to that cafe; as alfo the cafes of Carlifle, 1741, Radnor, 1761, and Scarborough, 1770, before the Houfe. To these cases may be added that of Launceston, 1734, 22 Jour. 249, in which the petitioner proved his maR 4 jority, The fitting abandoned must prove Refidence admiffion to It was accordingly fhewn from the general law of Irenecefiary to land, as enacted by ftat, 10 H. 7. c. 7., and by 15 H. 7. c.4.i freedom of from the charters, bye-laws, and ufages of the city of Was Waterford. terford, and from the return made by the corporation them Decifion and felves to a writ of mandamus, iffued July 4, 2 Geo. 3., that perfons claiming to be admitted free of the city, must be refident therein, or in the liberties thereof, at the time of their claim and admiflion. From the admiflions made on the part of the fitting member, and entered in the minutes of the commiflioners, it appeared, that 41 perfons had voted for the fitting member, who had been admitted within a fhort time of the election, notwithstanding they had not been fo refident, at the time of their admiflion. The num bers on the poll being for the fitting member 471, and for the petitioner 440, the deduction of 41 from the poll of the former gave the petitioner a majority of 10. Mr. Milles fubmitted to the committee, Whether the admiffion of the fitting member that thefe perfons had voted for him, did not superfede the neceflity of proving that fact by the production of the poll? The committee were of opinion, that where the vote had been admitted to be on the poll by the adverfe party, the production of the poll was unneceffary. They refolved, on the 6th of December, "That the counfel for Mr. Alcock having withdrawn themfelves, and he not having fubftituted others in their place, and not appearing by himself or agent before the committee, Mr. Al cock has abandoned his cafe ." "That the fittingmember was not duly returned; but that report of the the petitioner was duly elected, and ought to have been returned; and that the oppofition to the petition was not frivolous or vexatious." committee. jority, although no counfel appeared on thofe of Ilchefer and Okehampton, the committee refolved the petitioners duly elected, without further inquiry. NOTE (A), page 219. Lift and ftatement delivered by the petitioner to the fitting member on the first meeting of the select committee. City of Waterford election. On the petition of Sir John Newport, Bart. complaining of an Lift of the undue return for the faid city at the last general election, 24th petitioner. July 1802. The following is a list of all such votes, and of the names of all fuch voters, who voted at the faid election for William Congreve Alcock, Eq. the fitting member, to which the petitioner, Sir John Newport, purposes and intends to object as being illegally and improperly received on the poll by the returning officers. Clafs A.-Containing the names of 25 perfons, who were admitted to their freedom by favour within fix months preceding the election, who were non-refidents at the time of their said admiffion, who were again admitted to their freedom shortly before the election, being then alfo non-refidents, upon claims of right by birth, marriage, or fervitude, which were falfe and colourable, and which fecond pretended admiffion was inconfiftent with their alleged title under the firft admiffion. 25 non-refidents, twice admitted. dents. Clafs B.-Containing the names of 25 persons who were admit- 25 non-refited to their freedom shortly before the election, being then nonrefidents, upon claims of right by birth, marriage, or fervitude. Clafs C.-Containing the names of 23 persons who were ad- 23, on false mitted to their freedom shortly before the election, upon claims of right by birth, marriage, or fervitude, which were falfe and colourable. claims. Class D.-Containing the names of 24 perfons, who were im- 24, colourproperly admitted to vote at the faid election, having obtained able titles. their freedom on falfe and colourable titles, or being in other re. fpects legally incapacitated from exercising the elective fran chife. Clafs E.-Containing the names of thirteen perfons who ought 13, bribed. to be ftruck off the poll, as having been guilty of bribery and corrupt practices. The petitioner alfo means to give evidence of acts of bribery, Bribery. corruption, and undue influence, committed by the faid William Congreve Alcock, or by his agents under his direction, which difable him from fitting in parliament. The Votes claim petitioner. The following is a lift of the feveral perfons who tendered their ed to be put votes for the petitioner Sir John Newport, at the election, ard un by the were improperly rejected by the returning officers, as stated in the petition, with a specification of the refpective rights under which they claimed to be admitted, and which are more particularly fet forth in the feveral petitions prefented by them previous to the faid election to the mayor and council of Waterford, and which votes the faid petitioner claims to establish before the select committee to be added to the poll as good votes on his behalf. claim by birth. az by marriage. 43 by ap prenticeship. I freeholder. Right of election. Illegal conduct of inayor, &c. Clafs F.-Containing the names of thirty-two perfons who claimed their freedom in right of birth. Clafs G.-Containing the names of twelve perfons who claimed their freedom in right of marriage. Clafs H.-Containing the names of forty-three persons who claimed their freedom in right of apprenticeship. The faid petitioner alfo claims to establish before the felect committee, the votes of the four following perfons who were freemen on the corporation books previous to the faid election, and as fuch tendered their votes for the petitioner at the faid election, which votes were improperly rejected by the returning officers. Class 1.-The faid petitioner also claims to establish before the felect committee the vote of William Morgan, a freeholder, who tendered his vote for the petitioner at the laid election, but which was improperly rejected by the returning officers. The faid petitioner alío means to contend, that the right of voting at the election of a reprefentative to ferve in parliament for the city of Waterford, is vefted in the freemen and freeholders thereof, and that the refident fons and fons in-law of freemen of the faid city, and perfons who have ferved a regular apprenticefhip within the fame to freemen thereof, are of right entitled to their freedom; but that by the letter, fpirit, and object of the charters of the faid city, by its ancient ufages and cuftoms, and by the feveral ftatutes relating to cities and their franchises now of force in Ireland, no perfon, however in other respects entitled, (fave and except perfons who have ferved a regular apprenticeship within the faid city to freemen thereof) ought to claim or to be admitted to the freedom of the faid city, unlefs at the time of fuch claim or admiffion he is refiding and inhabiting within the faid city or the liberties thereof. The faid petitioner alfo intends to give evidence of the partial and illegal conduct of the mayor and corporation of Waterford in admitting the friends of the faid William Congreve Alcock to their freedom freedom previous to the faid election, and in neglecting the claims or petitions of thofe rightfully entitled; and he further intends to give evidence of the feveral proceedings fated in his petition, taken in his majetty's court of King's Bench in Ireland in confequence thereof, and to establish the feveral other allegations particularly fet forth in his faid petition. List and statement delivered by the fitting member to the peti- Lift and statement of tioner, on the first meeting of the fele&t committee. the fitting Statement of the matters, that William Congreve Alcock, Efq. member. fitting member for the city of Waterford, means to infift upon, contend for, or to object to, before the felect committee appointed to try and determine the merits of the petition of Sir John Newport, Bart. complaining of an undue election and return for the faid city. That the right of voting at an election for a member to ferve in parliament for the faid city, is vefted in the freeholders and the freemen of the faid city (whether refident therein or not) duly admitted to fuch freedom by the mayor and common council of the faid city, as of right, or by fpecial favour, and duly fworn; and that fons of, fons-in-law of, and perfons who have ferved regular apprenticeships of feven years to, freemen of the faid city by indenture executed by or in the prefence of the town-clerk of the faid city for the time being, and entered or registered by him in the corporation books, as well non-refidents as refidents, are entitled to and have, on petitioning the mayor and common council of the faid city, and on performing the other requifites prefcribed by the orders of the faid council, a right to be admitted to the freedom of the faid city; and that it has been the ufage of the faid corporation from the earliest period to admit perions of the fid defcrip. tions to the freedom of the faid city whether inhabiting or refiding within the faid city or the liberties thereof at the time of fuch admiffion or not. That although the faid Sir John Newport by his petition infifts, that none are entitled to the freedom of the faid city, but thofe who at the time of such admiffion are refiting or inhabiting within the faid city or the liberties thereof; yet the faid Sir John Newport and his agents in his prefence, and by his authority, and directions, did at the last election for the faid city tender the votes of a great number of perfons who were admitted to the freedom of the faid city, and who had never been refidents or inhabiting within the faid city or liberties; and which votes were admitted at the faid election, and given for the faid Sir John Newport. That Right of election. Non-refidents voted for the petitoner. |