The Sun.
London, England, 1835-03-31 00:00:00

DUBLIN ELECTION COMMITTEE

The Committee met to-day at 11 o'clock, and having ob-
tained leave of the House to proceed in the absence of Lord
Albert Conyngham,
Mr. HARRISON was called upon, in pursuance of the resolu-
tion they came to on Saturday, to argue the question as to the
legality of authenticating the return in this case by parole evi-
dence, in the absence of direct testimony to that effect. He
cited a number of cases to show that in Courts of Law parties
were held to be at perfect liberty to prove written instruments
by parole evidence, and to amend affidavits by the same means.
One case he referred to, in which Lord Ellenborough decided
the jurat was not a necessary part of the affidavit in an indict-
ment for perjury. He (Mr. H.) proposed to produce the town.
clerk, who was present, when the Mayor and two Sheriffs of
the City of Dublin signed the affidavits in question. On the
decision of this point depended, whether the poll was au.
thenticated properly, and of consequence, whether the Com-
mittee could proceed with this investigation. The affidavit
of the returns, it was contended by the Sitting Member, was
insufficient, inasmuch as it omitted to state the office f the
person before whom the affidavit was sworn, and that the
names of the High-Sheriffs (the returning officers) were
not introduced into the jurat of the affidavit. He
next referred to Parliamentary law in support of his posi-
tion. In 1819, after the general election. he ( Mr. H.) took
objection to the return of the poll in the case of the Limerick
petition. The difficulty of proving the poll, as appeared in
that case, rendered it necessary, owing to the expense and
delay it occasioned, to pass two Acts to remedy the evils
which it gave rise to. By those Acts of Parliament (1 Geo.
IV. chap. 11. sec. 63, and 4 Geo. IV. chap. 73) it was ren-
dered necessary for all poll clerks to authenticate the poll, and
deliver it to the Returning Officer, who was to transmit the
same to the Crown-office. The endorsement on the return
procured from the Crown-office was afterwards held sufficient
to prove the names of the candidates, and the numbers who
voted for them. Such was the object of these Acts,
namely, to diminish expense, and to simplify the pro-
duction of the preliminary evidence. In the Galway
and Dublin election cases the defects of the affidavits
authenticating the returns, were remedied by the parole evi-
dence of the Returning Officer. The Londonderry election
case was a case in point. The return was not signed nor
authenticated by the Mayor, who was the Returning Officer, but
by his official clerk, and bore the seal of office. Time was
given to produce the poll-books, and the committee adjourned
from day to day, until the proofs to authenticate them were
supplied by the poll-clerks—the committee holding that the
petitioners should not be prejudiced by the misconduct of the
Returning Officer. The committee went so far in that case as
to pass a distinct resolution, declaring that the conduct of the
Mayor was highly irregular, for omitting to verify on oath the
endorsement on the return, and thereby subjecting both parties
to great expense and inconvenience. He submitted that both
on principles of Parliamentary law and of Courts of Law,
the misconduct of Returning Officers should not be permitted
to preclude petitioners from an investigation, whether his irre-
gularity proceeds from design, partiality, or negligence. Such
a doctrine would leave all elections in the power, and under
the controul, of the Returning Officer. In some of the cam
he had cited there was no affidavit at all; in others, improper
affidavits; and, in one case, the affidavit was out of time ; yet
the Committee postponed their proceedings until the Return-
ing Officer arrived to prove the poll.
Mr. AUSTEN rose to reply on behalf of the Sitting Member.

PARLIAMENTARY BUSINESS.

HOUSE OF COMMONS.
NOTICES OF MOTIONS FOR THIS DAY.

I. Mr. O'Dwyer,—Return of the names of all persons charged in
the affair at Borris.
2. Mr. O'Dwyer,—Copy of any charge made against R. Doyne.
Esq., a Magistrats of Carlow.
3. Mr. Baring,—Bill to amend the Laws relating to the Trade i
Corn between the United Kingdom and the Isle of Man, anu
the Islands of Guernsey, Jersey, Alderney, and Sark.
4. Mr. Wallace, of Greenoek,—Select Committee on the Manage
ment of the Post-office.
5. Mr. Gillon,—Address for Return of the emoluments and ex
penses of the Scots Bnrghs Commission.
6. Mr. Hutt,—Petition from Hull against Stade Duties and Bei:
goland Lighthouse.
7. Mr. Wallace,—Returns relating to the Post-Office.
8. Mr. Charles Buller,—That the Minutes of the Canterbur
Election Committee be laid on the table of the House.
9. Mr. J. H. Talbot,—Copy of Correspondence relating :to therar
pointment of a Stipendiary Magistrate for Wexford.
ORDERS OF THE DAY FOR THIS DAY.
1. Worcester City Election—Ballot at to three.
2. Registration of Births, &e. (Scotland) Bill Second readiwz.
3. Leicester Election—Petition of Mr. Jennings to be considered.
4. Defaulters absent at Call of the House to attend.
5. Church of Ireland—Adjourned Debate thereupon.

THE MARKETS-(THIS DAY).

HAY MARK ETS.—( At per Load of 36 Trusses.)
CUMBERLAND.

Coars,, heavy Lowland Meadow Hay £4 5 to £4 10
New Meadow Hay 0 0 0 0
Useful Old Ditto
Fine Upland Meadow and Rye grass Hay
Clover Hay
Oat Straw.. .t;1 10 to .E 1 18 i Wheat Straw 2 0 2 5