MR. FARQUHARSON (Dorset, W.); I beg to ask the Attorney General whether candidates whose elections have been invalidated by the carelessness or ignorance of the Returning Officer or his subordinates can legally obtain redress from the Returning Officer?
§ THE SOLICITOR GENERAL (Mr. RIGBY,) ForfarI will endeavour, in the absence of the Attorney General, to answer the question substantially, although, from the nature of it, I could not do otherwise than mislead if I attempted to give a categorical answer. The best information I can give to the hon. Member is that in regard to all the officials acting under the Ballot Act you must first determine whether they are acting in a ministerial or a judicial capacity. That must depend upon the particular circumstances of each cases If it is established that the official act. in a ministerial capacity he is open to an action on the part of any candidate who can show that, by any omission on the official's part, he has lost the election. If he acts in a judicial capacity you must further show that he was acting wilfully and knowingly against his duty. In regard to subordinates, each case must be governed by the particular circumstances.
MR. P. J. POWER (Waterford, E.)I wish to ask whether the hon. and learned Gentleman is aware of the fact that, at Liberal meetings in connection with elections in England, the habit prevails in many rural districts of omitting to put a vote of confidence whether this custom has been found necessary owing to the boycotting and intimidation of the parsons in England; and, also, whether no such custom prevails in Ireland whether the priests are against the candidate or not?
§ MR. SPEAKERA question of that nature must be put on the Paper.