Who acted as agent?

Voter, no witness to fupport his

own vote.

For the mode of proceeding in the committee, with respect to the several parties, vid. fup. p. 60.

A queftion was asked, "Who acted as agent for Mellish and Boucherett?" It was objected to, as too general. Agency must be proved, either by the declarations of the principal, or the fpecific acts of the supposed agent, from which the committee are to draw the conclufion, whether he acted as agent or not. It was answered, that the question propofed was only introductory to the proof of the specific acts of the perfon previously afcertained to have acted as agent. The committee decided that the queftion fhould not be put.

William Graves being tendered as a witness, to prove that the relief received by his wife was received by her as the wife of a militia-man, under the ftatute; and consequently to establish his own vote;

The committee decided the evidence to be inadmiffible.

CASE V.

TOWN AND COUNTY OF THE TOWN OF NOTTINGHAM.

The Committee was chofen on Tuesday the 15th of February, and confifted of the following Gentlemen:

HE petition of D.P. Coke, Efq. fet forth, that in pur- Mr. Coke's fuance of a writ directed to the Sheriffs of the town and petition.

county of the town of Nottingham, for an election of two members to serve in Parliament for that place; the proclamation for fuch election was regularly made, and the day, hour, and place for such election were thereby fixed to commence at the Exchange Hall, on Tuesday the 6th day of July, 1802, at nine o'clock in the morning; that the election accordingly commenced at the day and hour and place which had been fo fixed; when Sir John Borlafe Warren, and the

pe

• Votes, 23.

titioner,

titioner, were the only candidates nominated in the prefence of the electors then and there affembled; and that no poll was demanded, nor was any other candidate propofed for near an hour after the different forms had been gone through preparatory to the faid election; whereby, as the petitioner conceived, the petitioner, and the faid Sir John Borlafe Warren, were duly elected the members to ferve in Parliament for the faid town and county of the town of Nottingham; and that it was the duty of John Allen, who was one of the fheriffs of the faid town and county of the town of Nottingham, and who prefided at the election, to have returned the faid Sir John Borlafe Warren and the petitioner as duly elected; but in violation of such duty, and for the express purpose of giving time to procure a third candidate, so that the free and unbiaffed choice of a great majority of the electors of Nottingham might be difappointed by means of tumult, riot, intimidation, and violence, the faid John Alien did, of his own authority and by his own act, unneceffarily, vexatiously, and illegally open a poll, and frequently and repeatedly urged the electors to name other candidates, and that he repeatedly declared that if they did not propose fome other candidate, he muft clofe the poll; and that although no other candidate appeared, and although he was repeatedly called upon by the voters in the interest of Sir John Borlafe Warren and the petitioner, to declare Sir John Borlafe Warren and the petitioner to be duly elected, the faid fheriff, contrary to the duties of his office, neglected fo to do; and that after a confiderable time had elapfed, during which the electors had polled for no other perfons but the petitioner and the faid Sir John Borlafe Warren, fome perfon or perfons intimated that Jofeph Birch, Efq. a merchant refiding at Hazle Hall, in the county of Lancaster, and at that time and for fome days afterwards, attending as a candidate to represent Liverpool in Parliament at the election then depending, would come forward as a candidate; and that three voters only having polled for the faid Jofeph Birch, and forty-four for the petitioner and the faid Sir John Borlafe Warren, the said sheriff adjourned the poll to the fubfequent day, without any agent or other perfons authorized

by

CASE V.

TOWN AND COUNTY OF THE TOWN OF NOTTINGHAM.

The Committee was chofen on Tuesday the 15th of February, and confifted of the following Gentlemen:

THE petition of D.P. Coke, Efq. fet forth, that in pur- Mr. Coke's

fuance of a writ directed to the Sheriffs of the town and petition.

county of the town of Nottingham, for an election of two members to ferve in Parliament for that place; the proclamation for fuch election was regularly made, and the day, hour, and place for fuch election were thereby fixed to commence at the Exchange Hall, on Tuesday the 6th day of July, 1802, at nine o'clock in the morning; that the election accordingly commenced at the day and hour and place which had been fo fixed; when Sir John Borlafe Warren, and the pe

• Votes, 23.

titioner,

titioner, were the only candidates nominated in the prefence of the electors then and there affembled; and that no poll was demanded, nor was any other candidate propofed for near an hour after the different forms had been gone through preparatory to the faid election; whereby, as the petitioner conceived, the petitioner, and the faid Sir John Borlafe Warren, were duly elected the members to ferve in Parlia ment for the faid town and county of the town of Nottingham; and that it was the duty of John Allen, who was one of the fheriffs of the faid town and county of the town of Nottingham, and who prefided at the election, to have returned the faid Sir John Borlafe Warren and the petitioner as duly elected ; but in violation of such duty, and for the exprefs purpose of giving time to procure a third candidate, fo that the free and unbiaffed choice of a great majority of the electors of Nottingham might be disappointed by means of tumult, riot, intimidation, and violence, the faid John Alien did, of his own authority and by his own act, unneceffarily, vexatiously, and illegally open a poll, and frequently and repeatedly urged the electors to name other candidates, and that he repeatedly declared that if they did not propose fome other candidate, he muft clofe the poll; and that although no other candidate appeared, and although he was repeatedly called upon by the voters in the intereft of Sir John Borlafe Warren and the petitioner, to declare Sir John Borlafe Warren and the petitioner to be duly elected, the said sheriff, contrary to the duties of his office, neglected fo to do; and that after a confiderable time had elapfed, during which the electors had polled for no other perfons but the petitioner and the faid Sir John Borlafe Warren, fome perfon or perfons intimated that Joseph Birch, Esq. a merchant refiding at Hazle Hall, in the county of Lancaster, and at that time and for fome days afterwards, attending as a candidate to represent Liverpool in Parliament at the election then depending, would come forward as a candidate; and that three voters only having polled for the faid Jofeph Birch, and forty-four for the petitioner and the said Sir John Borlafe Warren, the said sheriff adjourned the poll to the subfequent day, without any agent or other perfons authorized

by