Captain CRAIGasked whether, in connection with the election of petty sessions clerk for the district of Caherciveen, Mr. John Mannix had given an undertaking to the Lord Chancellor that he would not vote at the said election with his brother, Dr. Joseph F. Mannix; whether in pursuance of that undertaking he had refrained from voting at the elections held on the 26th May, 1910, and the 3rd February, 1911, respectively; whether Mr. John Mannix, at the election held on the 21st July, 1911, recorded his vote along with his brother in favour of the candidate, his brother-in-law, and when objected to by the solicitor for the other candidate he stated from his seat on 999 the bench in public court that he had previously given an undertaking to the Lord Chancellor that he would not sit nor vote with his brother, but that quite recently he had received the Lord Chancellor's permission to vote at that election, and that it was in pursuance of that permission he was voting; whether Mr. John Mannix had such permission, or had he been released from any previous undertaking; and, if so, what were the considerations which moved the Lord Chancellor to take up this position.
§ Mr. BIRRELLThe Lord Chancellor informs me that Mr. John Mannix, J.P., was informed at the time of his appointment to the magistracy that he should not act on the Bench at the same time as his brother, who was also a magistrate. It is understood that he did not vote at the election of petty sessions clerk on 26th May, 1910, or 3rd February, 1911. Subsequently the question as to the right of Mr. Mannix to vote at such an election with his brother was considered by the late Lord Chancellor, and, following a decision of Lord Chancellor Ball in 1875, that the policy prohibiting father and son from acting together as magistrates does not extend to voting for appointments, but is confined to legal proceedings, whether of a civil or criminal nature, the late Lord Chancellor ruled that this decision should apply in like manner to the case of two brothers. Mr. Mannix was duly informed of the ruling of the late Lord Chancellor, and, it is understood, voted at the election held on 21st July, 1911, with his brother, in favour of the same candidate. I have no information as to any statement made by Mr. Mannix, nor as to whether the candidate is his brother-in-law.