§ To The Right Honourable the Speaker of the House of Commons.
§ We, Sir Geoffrey Hugh Benbow Streatfeild, Knight, and Sir Gerald Osborne Slade, 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 Representation of the People Act, 1949, that upon the 4th, 5th and 6th days of April, 1960, we duly held a Court at the Royal Courts of Justice, London, for the trial of and did try the Election Petition for the Kensington North Constituency (described in the Petition as the North Division of the Borough of Kensington) wherein Sir Oswald Ernald Mosley, Baronet, was the Petitioner and George Henry Roland Rogers and Arthur Newton Edward McHaffie were the Respondents
§ And in further pursuance of the said Act We CERTIFY that at the conclusion of the said trial we determined that the said George Henry Roland Rogers, being the member whose Election and return were complained of in the said Petition was duly elected and returned
§ And whereas charges were made in the said Petition of Illegal Practices having been committed at the said election
§ We in further pursuance of the said Act report as follows:—
- 1. That no corrupt or illegal, practice has been proved to have been committed by or with the knowledge or consent of any candidate at the said election
- 2. That no person was proved at this trial to have been guilty of any corrupt or illegal practice
- 3. That corrupt or illegal practices were not proved to have nor have we reason to believe that corrupt or illegal practices have extensively prevailed at the said election or at all
- 4. That no candidate has been proved to have been guilty by his agents of any corrupt or illegal practice at the said election
- 5. That the following breaches of the Statutory provisions governing
1289 Parliamentary Elections were admitted or proved: - (a) That three or possibly four persons voted without having their names marked off on the register. Each such person voted once only.
- (b) That two persons neither authorised nor permitted to attend the counting of the votes and who did not therefore make the declaration of secrecy qua the Kensington North Constituency were allowed to go into the room where the count took place
- 6. That notwithstanding the said breaches the said Election was conducted substantially in accordance with the Statutory provisions governing elections and that the result of the Election was not affected thereby
§ We further report that there was no evidence to support any of the remaining allegations in the Petition, or that there was any breach of the law as to elections as therein alleged
§ A copy of the Evidence and of our Judgment taken by the Deputies of the Shorthand Writer to the House of Commons accompanies this our Certificate
§ Signed (Geoffrey Streatfeild)
§ (Gerald O. Slade)
§ Dated the 11th day of April, 1960."
§ Pursuant to Statute, I shall lay upon the Table of the House this Certificate and Report and the shorthand writer's note, and will cause the required entry to be made in the Journal.
§ Said Certificate and Report ordered to be entered in the Journals of this House.
§ Copy of Shorthand Writer's notes laid upon the Table by Mr. SPEAKER.