§ MR. CHARLES LEWISasked Mr. Attorney General, Whether his attention has been called to the position of the Petition complaining of the undue return of the two Members returned to serve in this present Parliament for the borough of Boston, in the following particulars:—1. That while the Petition complained of the undue return of two Members of this House, the last certificate and report of the Judge deal only with the return of one of such Members; 2. That the Election Judge reserved two questions for the decision of the Court of Common Pleas, whereas the decision of such Court disposes of one only of such questions; and, further, whether it is 1473 in the power of this House to secure the decision of the Court of Common Pleas on the right to the remaining seat, and on the undecided question?
THE ATTORNEY GENERALSir, the two Reports of Mr. Justice Grove upon the subject of the trial of the recent Election Petition for the borough of Boston are set forth in the Votes of this House of the 8th and 23rd of last month. It appears from the former of such Reports that Mr. Justice Grove, having decided that one of the respondents was not duly elected, reserved two questions for the consideration of the Court of Common Pleas—one of such questions had reference to the validity of certain votes, and affected the claim of the petitioner to be returned in the place of the unseated respondent; the other of such questions had reference to agency, and affected the election and return of the other respondent. It would appear from the second Report of Mr. Justice Grove that the former only of these questions had been disposed of by the Court of Common Pleas at the date of such Report, as it only deals with the seat claimed by the petitioner; and that the other of the questions submitted to them by Mr. Justice Grove had not then been dealt with by them. I have, however, every reason to believe that not only are the Judges fully alive to the state of the case, but that the parties more particularly interested have at present under their consideration how the remaining question can be brought before the Court for decision.