§ Mr. C. Buller
reported from the Athlone Election Committee, that it had agreed to a reportThat Daniel Henry Ferrall, Esq., was not duly elected a Burgess to serve in this present Parliament for the Borough of Athlone.That the last election of a Burgess to serve in Parliament for the said borough was a void election.And the said determinations were ordered to be entered in the Journals of this House.House also informed, that the committee had come to the following resolutions, which they had directed to be reported to the House.That Daniel Henry Ferrall, Esq., was, by himself, and his agent Henry French, guilty of treating at the last election for the borough of Athlone.That, in the course of the proceedings of the committee an objection was raised as to the validity of the last Election for the borough of Athlone, on the ground of four clear days not having elapsed between the day of election and the day of notice required by law: That the committee are of opinion, that a notice of four clear days is required by the act 1 Geo. 4, c. 11, the act by which elections in Ireland are regulated; and that such notice was not given in this case; but the committee have no reason to believe that the result of the election was affected by such irregularity; That it appears to the committee, that the law with respect to the period of notice being different in Ireland from that which the Act 3 and 4 Vic. c. 81 has established with respect to England, it is advisable that the provisions of that Act should be extended to Ireland.
§ Captain A'Court
said, that, as a Member of the committee, he wished for the Speaker's opinion upon this point:—Supposing the statute required three days' notice to be given, if no notice were given, would it be a valid election?
§ The Speaker
observed, that that was a pure question of law upon which, probably the House and the hon. Member, on reflection, would not expect him to give an opinion.
§ Mr. C. Buller
observed, that the question was rather an odd one, inasmuch as it happened that the point had been decided by the committee.
§ Report to be laid on the Table.