§ Mr. BOLANDasked whether all the necessary formalities for the election of the Clerk of Petty Sessions at Caherciveen 570 were compiled with and that duly qualified magistrates alone took part in the election; and can he state on what grounds a new election has now been ordered?
§ Mr. BIRRELLAn election for the appointment of a Petty Sessions Clerk for this district was recently held, when nine magistrates voted. Five votes were recorded for one candidate and four for the other, and the former was declared elected. Upon investigation, however, it was found that one of the votes recorded for the candidate elected was invalid, and, as a tie was thus caused, a new election was ordered.
§ Mr. BOLANDWho was the magistrate whose vote was considered invalid?
§ Mr. BIRRELLThe Court of King's Bench held that where a justice is not resident in a Petty Sessions district for which the election of a Petty Sessions clerk takes place he should be a usual attendant at Petty Sessions in the district. Colonel Lockhart Ross usually resides in England, and he only attended this Petty Sessions four times in three years, and had only taken depositions in one case.
§ Mr. BOLANDIs it not a fact that Colonel Ross had made the necessary attendances when this vacancy occurred, and was qualified to vote?
§ Mr. BIRRELLThe finding was that this gentleman only attended four times in three years, and did not come within the decision of the Court of King's Bench.