vote to remove this doubt, I recommended him to make the tender. He says, I argued this case, and mentioned to the high bailiff a case that was determined by a committee of the House of Commons on an election at Shaftesbury. I had mentioned this case to him at a former election, and showed him the briefs which had been held by counsel in that case; and at the last I offered to produce an attested copy of the resolution of a committee of the house of cominons, but he said he would not require that; he asked if it was in print, I told him it was not; he said he would take my word for it that there was such a case. The question in that case was, whether arrear of rates was sufficient to prevent a person from giving his vote, being otherwise qualified to do so; and after being argued by counsel, at length the committee decided that such vote was admissible; there had been a great many votes refused by the high bailiff on a similar ground, and I told him, that I tendered the votes for the express purpose of bringing an action against him if he refused them, and I told him I was determined to do so."

Now I cannot say that I think such threat should have been addressed to a person filling the situation which the high bailiff did, for that was not the place where the right of voting could be finally determined; nor indeed is it of consequence what we decide as to the right of voting, for after all, that is to be settled by the house of commons. They are not bound by any decision of a court of law. He says, "finding afterwards that he had rejected a great number upon this objection of non-payment of rates, I desired two gentlemen to come in and witness what took place, but the high bailiff would not permit them; and I told him that he would compel me to become a witness against him,"-which certainly no gentleman of the bar is fond of doing; but if the high bailiff would not permit any other person to be present,

that would be a sufficient reason why Mr. Evans should become a witness, and removes any notion of indelicacy which may be supposed to apply to him for giving evidence; but it seems to have been a general rule or sort of agreement, that at the discussion (which might take place as to the admissibility of votes) no person should be present but the high bailiff, his officers, and the counsel for the candidates, for it has been found to be greatly inconvenient. I know that something like that has prevailed at other elections, and that it has been done by desire of all the candidates, in order that the discussion of legal questions might be carried on with calmness and quietness, and that there might be no disturbance arise.

Then he says, "I remonstrated with the high bailiff, and told him that his conduct would compel me to be a witness whenever we were obliged to go into a court of justice. To which the high bailiff answered, that if we wanted evidence we might have recourse to him, and that Mr. Smedley took notes of all the objections, I said we did not want to go to the enemy's quarters."

Then, on cross-examination, Mr. Evans is asked if he apprised the high bailiff of the Fowey case; which he says he did not. That, it seems, is a decision of the house of commons, not conformable to the decision come to by the committee in the Shaftesbury case. He says, "I got the notes of the Shaftesbury case from Mr. Peter Moore at the previous election. I was aware of the Bridgewater case, and I told the high bailiff that that case was expressly overruled by the decision in the Shaftesbury case; and I gave him notice that an action would be brought against him after I had consulted the committee of Mr. Hobhouse." Then Mr. Hayward produces a copy of the resolution of a committee of the house of commons, which seems to import, that in the

borough of Shaftesbury, the mere circumstance of nonpayment of rates did not disqualify.

Gentlemen, I am not aware that there is any thing else in the evidence which particularly addresses itself to the subject matter before us; but if the learned counsel on either side fancy that there is any thing which I have omitted, and which they wish to go to the jury, I will willingly read the whole of it. Mr. Fraser proves that his vote was received for the house which he lives in, in Somerset House, though he does not pay personally; it appears that every house is separately rated, and on the discussion of that question the returning officer, acting under the advice of Mr. Smedley, was of opinion, that his vote ought to be received. Whether he did right, or wrong, it does not appear to have been contested formally before a committee of the house of commons, before which you know this might have been brought, if the number of votes tendered for Mr. Hobhouse, and refused on grounds similar to that, would have turned the election in his favour; the question might have been brought before such committee, which probably is the most proper and correct tribunal, and whose decision would have been binding. It is now therefore on this evidence that you are to consider, if in refusing the plaintiff's vote the defendant acted honestly, uprightly, and conscientiously in the discharge of his duty, upon the advice he received; if you are of that opinion, then I think you should find a verdict for the defendant. But if you think he acted from any improper motive, or from prejudice against the candidate for whom the plaintiff tendered his vote, then I think your verdict should be for the plaintiff.

The Jury requested to retire, and after being out about two hours, a paper was sent into court to the learned judge, signed by all of them, stating that there was no probability of their agreeing, and earnestly requesting

that they might be allowed to separate without giving a verdict. Upon this paper being submitted by the judge to the counsel on both sides, they consented that a juror should be withdrawn. His Lordship then ordered that a juror should be withdrawn.

No. LXVII.

1 Geo. 4.-(Royal Assent, 28 Feb. 1820.)

An Act for the better Regulation of Elections of Members to serve in Parliament for places in Ireland.

WHEREAS the provisions contained in an act made in the fifty-seventh year of the reign of his late Majesty, intituled, "An act for the better regulation of polls, and "for making other provisions touching the election of "members to serve in parliament for places in Ireland,” have been found inadequate for all the purposes intended; be it therefore enacted, &c. That from and after the passing of this act, the said recited act, and all the clauses and provisions therein contained, shall be and the same is and are hereby repealed :-And by 1 it is enacted, THAT polls shall begin on the day when demanded, or the day after, and continue daily; and conclude at three o'clock on the fifteenth day, (Sundays, Christmas Day, and Good Friday excepted;) and that the return shall be made on the fifteenth day, or the day after.

§ 2. That the sheriff shall indorse on writs for election of knights of the shire, the time of receiving thereof, and within two days shall make proclamation of the day for holding the election; and affix notice on the court house. Day of election shall be between the tenth and the sixteenth day after proclamation.

28 Feb. 1820.

§3. That whenever more than 1,000 freeholders are 1 Geo. 4. registered in one barony, an alphabetical division of the freeholders shall be made, that not more than 500 shall poll at one booth.

§4. That the sheriff shall attend at a booth separate from polling booths, to decide disputed questions.

§ 5. That the clerk of the peace shall appoint a person to attend at election with original affidavits of registry, alphabetically arranged, &c.

§ 6. On demand of candidates, returning officer shall appoint interpreters, who are to be sworn, and an allowance paid to them of 10s. per day.

§ 7. Certificate of registry deemed conclusive evidence, and in default thereof, the original affidavit.

8. Oath of electors, and form of examination of cach voter by the sheriff's deputy.

§ 9. Where a vote is objected to, a memorandum of the objection shall be sent by the poll clerk to the sheriff, who shall note them, whether it is to be allowed or rejected.

10. Sheriff shall examine voters objected to; counsel may argue points of law.

§ 11. Deputies shall not reject votes, or examine voters, except as before provided.

§ 12. Restraining persons from pleading, or speaking in deputy's booth.