§ Order for Committee read.
§ Moved, "That Mr. Speaker do now leave the Chair."— (Sir Colman O' Loghlen.)
§ MR. AYRTONcalled attention to the Act of 1848, and to the procedure under it, by which, if any mistake were made in complying with the numerous provisions of the Act, the whole proceedings upon an election petition became void. This was analogous to the practice of our law courts 400 or 500 years ago, when, if at any stage of his case a mistake were made, the suitor had to bring a new action. Why should not the procedure upon an election petition be amended as our legal procedure had been, and liberty be given to amend in case of any technical error? Some years ago a petition failed in consequence of an error in the form of the recognizances, and then a Bill was brought in to cure the defect in the Act of Parliament. 633 Now, because in one case somebody had made a mistake about the sitting of a Committee, another special Bill was brought in. He did not think that an expiring Parliament was the best to deal with these matters, and he would suggest that the Speaker, together with the learned Gentleman who advised him upon these subjects, might devise a comprehensive Bill to cure all the known defects of the present law, and giving the House power to take steps to secure the trial of all election petitions upon their substantial merits. He therefore appealed to his hon. and learned Friend whether he would now proceed with the Bill.
§ SIR COLMAN O'LOGHLENsaid, it was true that he introduced the Bill in consequence of a technical error which occurred in the case of the Lisburn Election Petition last Session. But his Bill went somewhat farther than that case, for it gave power to revive a Committee or to appoint a new one. The Bill had the approval of the Law Officers of the Crown, and he must proceed with it.
§ Motion agreed to.
§ Bill considered in Committee, and reported without Amendment; to be read 3° to-morrow.