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

OF THE REPRESENTATION OF THE PEOPLE.

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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.

LIBRARY OF THE LELAND STANFORD, JR., UNIVERSITY

LAW DEPARTMENT

2.53528 JUL 10 1901

LONDON : RAYNER AND HODGES, PRINTERS,

109, Fetter Lane, Fleet Street.

TABLE OF CASES

Petition.

Ground of Petition

proceeded upon.

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Galway ................

Bedford .....
Scrutiny .....

Member duly elected... 429
Belfast .......

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

Member duly elected... (arlow Borough, 1838...

606 Register ....

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

Member duly elected... 607
Devizes ........

Tendered votes ...... Candidate seated ...... 454
Dublin, 1835...
Scrutiny ......

Candidates seated ......

88 Dublin, 1838..

624
Scrutiny ......

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

504

..... Disqualification .. Member duly elected... 579. Ipswich ................ Scrutiny ....

Candidate seated ......

266 Kingston-upon-Hull.... Scrutiny .......

Candidate seated 560 Kinsale ...............

333
Scrutiny ......

Petitioner seated..........
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
Newsy ............
Poll-books ...

Member duly elected... 377
Petersfield ............. Tendered votes...

Candidate seated ...... 261
Queen's County.......... Register ..... is.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
Wigan .......
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

aunty

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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

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