therefore they were not intitled to enter upon any fuch cafe. Nothing more was faid on the fubject, and these votes were never afterwards mentioned,

On the 9th of July, at which time the counsel for the fitting members were going through evidence in support of their votes, they informed the Committee, that an aged witness on their part was then lying dangerously ill, and asked the favour of them to adjourn, for the purpose of asking leave of the House to adjourn the Committee to the witness's lodgings in order to take his evidence, (which they faid was very material to them) or to adjourn at once to the witness's lodgings, if the counsel on the other fide would confent to that method; the latter upon being asked, refused their confent; and the Stat. 10 Geo. III. c. 16. f. 13. (* Mr. Grenville's Act) being read, the Committee intimated an opinion that

the Houfe fhall order the faid felect Committee to meet at a certain time, &c.—and the place of their meeting and fitting shall be some convenient room or place adjacent to the court of requefts, properly prepared for that purpose."

fuch

fuch adjournment would be illegal, by the pofitive directions of the statute: Hereupon the counsel for the fitting members propofed that the Committee might delegate their clerk to take the witness's deposition in the presence of persons authorised by both parties, and urged the Committee to exert that inherent power, which, they said, must neceffarily refide in every independent court of justice, of regulating their own modes of proceeding in fuch cafes of neceffity, upon which the law from whence they derived their inftitution was filent.-One of the Committee obferved, that they could not commit a power to their clerk to take a depofition, and here the matter dropped.

On the fame day (being friday) the counfel for the fitting members having closed the evidence on their cafe, the Committee adjourned in order to afk leave of the House to adjourn till monday, having feveral questions of importance, and a great deal of evidence to confider; the chairman accordingly, by the direction of the Committee, moved the House for leave, which being granted, the Committee met again

within

&...

within half an hour and adjourned to monday July 12 *.

At the conclufion of the cause, the counsel for the petitioning electors prayed the Committee to pass a cenfure on the conduct of the returning officer, for rejecting the votes of his clients, which, he said, the decifions of the Committee already fhewed to have been done without any reasonable cause, and betrayed exceffive partiality and injuftice,

* By fect. 19. of the ftatute above-mentioned, the Committee cannot adjourn for longer time than twentyfour hours (except fundays and Christmas day) "without leave firft obtained from the Houfe upon motion, and fpecial caufe affigned." See Votes, July 9. p. 387.

NOTES

NOTE S

ON THE CASE OF

DOW

PAG

NTON.

AGE 113, (A). Mr. Shafto's petition (stated in vol. 37, of the Journals, p. 521.) complained that H. Dench, the returning officer, behaved very partially and unfairly in the execution of his office, in as much as, though he admitted on his poll the names of those who voted for the petitioner, yet, contrary to the duty of his office he put queries on the greatest part of the votes he fo received, and at the end of the poll arbitrarily and illegally rejected them," and unlawfully returned Mr. Bouverie.

When the cause came on before the Committee (16 Feb. 1780.) Mr. Shafto's counsel confined themselves in the opening of their cafe, to the charge against the returning officer, in order to obtain from the Committee a decifion in their favour upon the matter of the return, previous to their entering upon the merits of the election; and they particularly cited the cafes of Cumberland in 1768, (32 Journ. 89, &c.) and of Shoreham in 1770, (33 Journ. 69, 70.) in the former of which, the House, in the latter, the felect Committee, had adopted that courfe of proceeding in cafes fimilar to the prefent, But the Committee came to a refolution di recting

recting the parties to proceed to the merits of the election; upon which they afterwards determined generally in favour of the petitioner, without adding any particular refolution upon the return.

At the election there were for Shafto thirty-one votes, and for Bouverie eight, and the returning officer had first queried and then rejected, twenty-eight of Mr. Shafto's votes claiming under leafes from Mr. Duncombe's trustees.

P. 118, 123, 124. (B. 1. 2. 3. 4. 5. 6. 7.)

(B. 1.) The following is a copy of the Bishop's patent appointing Duthy and Serle to the office of bailiff.

"To all Chriftian people to whom thefe prefents fhall come, John, by divine permiffion, Bishop of Winchefter, greeting, Know ye, that We the Bishop aforefaid, for divers good causes and confiderations, us thereunto fpecially moving, Have given and granted, and by these presents do give, grant, and confirm to John Duthy, Efq; and James Serle, gent. of the city of Winchester, in the county of Hants, the office of bailiff of the bailiwick of our lordship of Downton, in the county of Wilts, and of all and fingular manors, burghs and members of the faid bailiwick or lordship of Downton aforefaid: Moreover, We give and grant by these prefents, for us and our fucceffors, to the faid John Duthy and James Serle, the office of Receiver or Collector of the rents of our whole manor or lordfhip of Downton aforefaid, with the appurtenances, in the county of Wilts aforefaid, with all and fingular profits, advantages, commodities and emoluments to the faid office in any wife belonging or appertaining, with power and authority from us to profecute, afk and vindicate

in