§ Mr. BOLANDasked the Attorney-General for Ireland whether he can state the grounds on which the election for petty sessions clerk at Caherciveen was not held at the hour publicly notified; whether the presiding magistrate was entitled to delay proceedings for twenty-five minutes in order to secure a majority for one of the candidates; whether he is aware that a candidate was duly proposed and seconded as soon as the appointed hour was reached; and whether, instead of having a new election, steps will be taken to ratify the appointment of the candidate first duly proposed and seconded?
§ The ATTORNEY-GENERAL for IRELAND (Mr. Redmond Barry)The train from Valencia, by which it was either known or supposed that one or more of the justices were travelling in order to take part in the election, was unusually late, and if, was proposed that there should be a short postponement to await its arrival. Three of the magistrates present, supporters of the candidate, Mr. Maurice Fitzgerald, opposed the motion; three other magistrates, supporters of Mr. Boyd, voted for it. There being an equality of votes, the chairman considered, erroneously, I think, strictly speaking, that in point of law the election could not then proceed; whereupon the three supporters of Mr. Fitzgerald, one of them being his father, proceeded to elect him. There were present at the moment three qualified justices who were opposed to Mr. Fitzgerald, but owing to the legal view taken they did not participate in the voting. A short time afterwards, within twenty-five minutes, the Valencia train arrived, and an election was held, in which four magistrates voted for Mr Boyd. Mr. Fitzgerald's supporters, three in number, did not vote. In these circumstances I do not think either poll was satisfactory or should be acted on, and there will be a fresh election.
§ Mr. BOLANDasked the Attorney-General for Ireland whether any official 1673 directions were sent to Mr. John Mannix, J.P., directing him not to take part in the election of petty sessions clerk for Caherciveen; if so, by whom; and by what authority was such action governed?
§ Mr. REDMOND BARRYNo directions of the nature indicated were sent to Mr. John Mannix. On the contrary, I am informed that the clerk of the peace, in each of the three recent elections, gave Mr. Mannix notice of the elections, so that he was perfectly free to attend and vote. He will get notice again at the impending election.