HC Deb 27 June 1911 vol 27 cc376-8

Mr. Speaker acquainted the House that he had received from the Judges appointed to try the several Election Petitions the following Certificate and Report relating to the Election for the Northern Division of the Borough of West Ham:—

In the High Court of Justice, King's Bench Division.

The Corrupt and Illegal Practices Prevention Act, 1883.

Election for the Northern Division of the Borough of West Ham, holden on the 3rd day of December, 1910.

Between Edmond Johnson Boake and

George Alfred Brabazon-Petitioners.

and

Charles Frederick Gurney Masterman Respondent.

To the Right Honourable the Speaker of the House of Commons.

We, Sir Edward Ridley, Knight, and Sir Thomas Townsend Bucknill, Knight, Judges of the High Court of Justice, and two of the Judges on the rota for the time being for the trial of Election Petitions in England and Wales, do hereby certify, in pursuance of the said Act, that, upon the 13th, 14th, 15th, 16th, 17th, 19th, and 20th days of June, 1911, we duly held a Court at the Royal Courts of Justice, London, for the trial of and did try the Election Petition for the Northern Division of the Borough of West Ham, in the county of Essex, between Edmond Johnson Boake and George Alfred Brabazon, Petitioners, and Charles Frederick Gurney Masterman, Respondent.

And, in further pursuance of the said Act, we certify that at the conclusion of the said trial we determined that the said Charles Frederick Gurney Masterman, being the Member whose Election and Return were complained of in the said Petition, was not duly elected and returned, and we do hereby certify in writing such our determination to you.

And whereas charges were made in the said Petition of corrupt and illegal practices having been committed at the said Election, we, in further pursuance of the said Act, report as follows:—

  1. 1. That no corrupt or illegal practice was proved to have been committed by or with the knowledge and consent of any candidate at the said Election.
  2. 2. That Robert Owen Davies was proved to have been guilty of the corrupt practice of having, as Election agent for the Respondent, knowingly made the declaration required by Section 33 of the Corrupt and Illegal Practices Act, 1883, falsely, and of the illegal practices of having as such Election agent as aforesaid not transmitted to the Returning Officer a true return respecting his expenses at the said Election.
  3. 3. That there is no reason to believe that corrupt or illegal practices have extensively prevailed at the said Election.
  4. 4. That the said Charles Frederick Gurney Masterman was guilty by his Election agent of the corrupt practice of having knowingly made the declaration required by Section 33 of The Corrupt and Illegal Practices 378 Prevention Act, 1883, falsely, and of the illegal practice of not having transmitted to the Returning Officer a true return of expenses.
  5. 5. That a certificate of indemnity has been furnished to the said Robert Owen Davies.

A Copy of the Evidence and of our Judgments, taken by the Deputies of the Shorthand Writer of the House of Commons, accompanies this our Certificate.

EDWARD RIDLEY.

T. T. BUCKNILL.

And the said Certificate and Report were ordered to be entered in the Journals of this House.

Copy of Shorthand Writer's Notes laid upon the Table by Mr. Speaker.