Cox's Magistrates Cases Volume 21

Cox's Magistrates Cases Volume 21

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1905 edition. Excerpt: ...and rights with regard to receiving nominations and determining which of those nominations should be treated for the purposes of municipal action as "valid nominations" was considered and dealt with; and in the course of that judgment Lord Watson says (13 App. Cas., at p. 'Z-52): " If no objection is made, or if objections are stated and repelled by the mayor, then the nomination becomes a valid nomination." In other words, a " valid nomination " includes a. nomination which is good in form and good on the face of it, although it is the nomination of a person who is in fact disqualified. If that is so, then the election proceeds, and votes are given, and, as pointed out by Wright, J. in Harford v. Lynskcy (ubi snp.), the matter is then not simply one between the parties, but is of public concern, and the only way it can be objected to is by petition in court; but we have no power in such a case, either as to municipal or Parliamentary elections, to disregard the consequence of the election and the votes given to a candidate who may be disqualified, and declare a man who has got a minority of votes to be elected. Then it is said that there are cases in which you may disregard votes given for a disqualified candidate. I agree, as in the case of Bercsford-Hope v. Lady Sarndhurst (ubi sup.i. If there is a person nominated who is manifestly incapable of being elected, then the votes given may be treated as thrown away. There is also the case where the person elected must be taken to have been known to be disqualified, as, for instance, if the nomination paper purported to nominate a woman, in which case "there can be no doubt that it ought to be rejected," as said by Wright, J. in Harford more

Product details

  • Paperback | 714 pages
  • 189 x 246 x 36mm | 1,252g
  • United States
  • English
  • black & white illustrations
  • 1236772539
  • 9781236772534