QUESTION. (Hansard, 7 July 1874)

THE ATTORNEY GENERAL

I am, Sir, unable from any knowledge or authoritative information which I myself possess, to inform the House whether there is reason to believe that the trial of one of the Stroud Election Petitions will have to be postponed until after the Assize Circuits are over, in order to enable Mr. Baron Bramwell to attend the Hertford Assizes. I have been informed by my hon. and learned Friend who has put the Question to me, that a statement to the effect of that involved in his first Question has appeared in the ordinary channels of information, but I have not myself seen it. As regards the second Question of my hon. and learned Friend, I am of opinion that, under the provisions of the Parliamentary Elections Act, 1868, a learned Judge upon the Rota is empowered to order an adjournment for a purpose in no way connected with, or arising out of the trial of the Election Petition. The terms of the Act do not appear to me to impose any restraint upon the exercise of his discretion. The words are— The Judge presiding at the trial may adjourn the same from time to time, and from any one place to any other place within the county or borough, as to him may seem expedient. The Judge has other duties to discharge besides those of an Election Judge, and the Act does not, in my opinion, give any priority as regards the discharge of his duties as an Election Judge over those to be discharged by him as a Judge of Assize. He is, of course, bound to exercise his discretion, according to the circumstances in which he is placed, and to all the duties which he 1225 has to perform; but I cannot suppose that a Judge of Mr. Baron Bramwell's experience would be wanting in a sound exercise of such discretion.