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18 Geo. 2. c. 18.


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he shall then have so incurred. The clause of the 35 Geo. 3. 35Geo. 3. c. 29.

s. 77. Ir. C. 29. Ir. is analogous, which provides (s. 77), that if any person, except a returning officer, clerk of the peace, or treasurer, offending against this act, shall, within 12 calendar months after such offence, discover and convict any other person guilty of a like offence, he shall be indemnified from all penalties and disabilities which he shall have incurred by any such offence. It is a peculiar provision of the 18 Geo. 2. c. 18. s. 15. Statutes of jeo

fails extended to Eng. and 19 Geo. 2. c. 28. s. 11. Eng. that all the sta-actions, &c. tutes of jeofails shall extend to all proceedings in any action, indictment, or information given by either of $. 15. Eng.

19Geo. 2. c. 28. these acts.

s. 11. Eng. It remains to state the periods of limitation prescribed Limitations, for

actions, &c. unby the several election acts, for proceedings to recover der the several penalties, &c.:-The limitation by the 7 & 8 W.3.c. 7.s. 6. election acts.

7&8 W.3. c. 7. Eng. is two years; and so also by the 2 Geo. 2. c. 24. s. 11. s. 6. Eng. wit 2 Geo. 2. c. 24. Eng. the party must be legally arrested, or served with writ š. or process within two years; but the 9 Geo. 2. c. 38. Eng. 9 Geo. 2. c. 38. an ends the latter act by introducing a saving “ that the service of process be not prevented by the person abs, conding.” The limitation is nine calendar months, by 18Geo. 2. c. 1$.

s 14 Eng. the 18 Geo. 2. c. 18. s. 14. Eng., and so also by the 19 19 Geo. 2. C 28. Geo. 2. c. 28. s. 10. Eng. and 31 Geo. 2. c. 14. s. 3. Eng.; S1

de Cine, s. 10. Eng. One year by the 3 Geo, 3. c. 15. s. 6. Eng.; and by the $. 3. Eng.

3 Geo. 3., 15. 25 Geo. 3. c. 84. s. 15. Eng. all actions, &c. must be s. 6. Eng.

2.25 Geo., commenced within one year after the fact, or six months 5. 15.0: after the conclusion of any proceeiling in the house of 3 Geo. 3. c. 24. commons. By the 3 Geo. 3. C. 24. s. 9. Eng. 20 Géo. 3.

J. 20Geo. 3. c. 17. c.17. s. 19. Eng. 22 Geo, 3. c. 41.5. 5. Eng. and 22 Geo, 3. s. 19. Evg.

. 926e0.3.c. 41. c. 45. s. 11. Eng. the limitation is twelve months. And by s. 5. Eng.

296:0. 3.c.45, the 35 Geo. 3. c. 29. s. 78 Ir. all actions, &c. or prose- 5. 11. Eng. cutions grounded upon this act shall be commenced, 35 Gro.3.c.29. within one year after the offence shall be committed. $.78 Ir.

VIII. With respect to petitions in cases of controucrted S 8. elections. By the 10 Geo. 3, c: 16. s; 1. Eng, whenever a Pelito

a controverted petition complaining of an untluc election or return of a elections,

10 Geo.3. c. 16. inember shall be presented to the liduse of commons, as. day and hour shall be appointed by the liouse for taking

Undue election the same into consideration, and notice thereof in writing shall be forthw.ih given by the speaker to the petitioners




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and sitting members, or their respective agents, accompanied with an order to attend the house at the time ap

pointed, by themselves, their counsel or agents. And 11 Geo: 3. c.42. by the 11 Geo. 3. c. 42. s. 1. Eng. if several parties on s. 1. Eng.

distinct interests or grounds of complaint, shall present Separate peti- separate petitions complaining of an undue election or

return, the same notices and orders shall be given to all such parties, or their respective agents, as directed by the 10 Geo. 3. c. 16. to be given to the sitting members

or the petitioners therein mentioned or their respective 25 Geo.3. c.84. agents. And the 25 Geo. 3. c. 84. s. 10. Eng. further s. 10. Eng.

provides for the cases where, upon any writ issued for No return or election of members, no return shall be made to the special return, &c.

same on or before the day on which such writ is made re-
turnable; or if a writ shall have been issued during any
session or prorogation, and no return shall be made to
the same within 52 days after the day on which such writ
bears date; or if the return made in either of such cases
shall not be a return of members, according to the re-
quisition thereof, but contain special matters only con-
cerning such election, and enacts that in such cases it
shall be lawful for any person having had a right to vote
at such election, or claiming to have had a right to vote or
to be returned as duly elected thereat, who shall think liim-
self aggrieved, to petition the house of commons concern-
ing the same, and upon such petition being presented, a
day and hour shall be appointed for taking the same into
consideration, and notice thereof in writing shall be
forthwith given by the speaker to the petitioners, and to
the returning officer, accompanied with an order to them
to attend the house at the time appointed, according to
10 Geo. 3. c. 16. & 11 Geo. 3. c. 42; and a committee
shall be appointed according to the directions of these
statutes, (the regulations of which are by s. 11. extended
to this act,) to try and determine whether any and which
of the persons named in suclı petition ought to have been
returned, or whether a new writ ought to issue; which
determination shall be final, and the house, being in-
formed thereof by, the chairman of such select committee,
hall order the same to be entered in their journals, and

S. 11.

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give directions for ordering a return to be made, or for altering the return if made, or for issuing a new writ, or for carrying the said determination into execution, as the case may require. By the 28 Geo. 3. c. 52. s. 1. Eng. no petition com- Petition, by

whom subscribed plaining of an undue election or return, or of the omission peca or insufficiency of a return, shall be proceeded upon, un- thereupon.

28 Geo. 3. c.52 less subscribed by some person claiming therein to have s. 1. En had a right to vote at said election, or to have had a right to be returned thereat, or alleging himself to have been a candidate at such election, provided that when a writ has been issued for the election of a member for any district of boroughs in Scotland, such petition may be proceeded on, if subscribed by any person claiming therein to have had a right to vote at the election of any delegate, or commissioner for choosing a burgess for such district. And by s. 5. no proceedings shall be had on any petition, unless the persons subscribing the same, or one of them, shall within 14 days, (or in case of petitions from Ireland, within 28 days, by 47 Geo. 3. c. 14. s. 8.) after 47 Geo.3 c. 14. the same shall have been presented to the house, or 5.,8. I. within such further time as shall be limited by the house, Recognizance. personally enter into a recognizance to the king, accor- then ding to the form annexed to this act, in £.200, with 2 sureties in £.100 each, to appear before the house at such time or times as shall be fixed for taking such petition into consideration ; and also to appear before any select committee appointed for the trial of the same, or until the same shall have been withdrawn by the permission of the house; and if at the expiration of the 14 days, such recognizance shall not have been entered into, or shall not have been received by the speaker, the speaker shall report the same to the house, and the order for taking the petition into consideration shall thereupon be discharged, unless upon matter specially stated and verified to the satisfaction of the house, the house shall see cause to enlarge the time for entering into such recognizance; and whenever such time shall be enlarged, the order for taking such petition into consideration shall be postponed, so that no petition shall be taken into consideration till after such recognizance shall have been


hen entered

entered into and received by the speaker, provided that the time for entering into such recognizance shall not

be delayed more than once, nor for any days exceeding s. 6. 30. By s. 6. such recognizances shall be entered into

before the speaker, by whom also the sufficiency of the Before whom.

sureties shall be allowed, on the report of 2 persons appointed by him to examine the same, of which two the clerk or clerk-assistant shall always be one, and one of the following officers not being a member of the house shall be the other, viz. masters in Ch. clerks in K. B. or Exc. or prothonotaries in C. B.; and the said persons are to examine the same and report their judgment thereupon,

and shall also receive such fees as shall be fixed by any s. 7.

resolution of the house of commons. And by s. 7. when When before a

the parties who are to enter into such recognizances, or justice. their suréties, shall reside more than 40 miles from

London, such recognizances may be entered into before a justice of the peace, and being certified under the hand of such justice and transmitted to the speaker, shall have the same effect as if entered into before the speaker; and the persons to whom it is referred to examine the sufficiency of such sureties, may receive as evidence in their examination, any affidavits relating thereto which shall be sworn before any master in chancery, or before any justice of the peace, who are respectively authorized

to administer such oaths, and required to certify such s. 8 affidavits under their hand. By s. 8. the house shall Petition not to

not permit such petition to be withdrawn, except so be withdrawn, far as the same may relate to the election or return

of any member who shall, since the same shall have been presented, have vacated his seat by death or otherwise. By s. 9. if the petitioners who shall have

entered into such recognizance shall not appear betime petitioner fore the house, by themselves, their counsel or agents, to appear, or ro- within one hour after the time fixed for calling in cognizance forfeited. the parties, for the purpose of proceeding to the ap

pointment of a select committee; or if the committee appointed for the trial of such petition shall inform the house, that such persons did not appear before the committee to prosecute their petition; or if such persons shall


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neglect to renew their petition within 4 sitting days after the commencement of every session, subsequent to that in which such petition was first presented, and until a committee shall have been appointed, or until the same shall have been withdrawn by the permission of the house, in such cases such persons shall be held to have made default in their recognizance, and the speaker shall certify such recognizance into the exchequer, and shall also certify that such persons have made default therein ; and such certificate shall be conclusive evidence of such default, and the recognizance so certified shall have the same effect as if estreated from a court of law, provided that such recognizance and certificate shall be delivered by the clerk, or clerk-assistant, of the house, into the hands of the lord chief baron, or of one of the barons, or of such officer of said court as shall be appointed to receive the same. The clause of the 10 Geo. 3. c. 16.s. 1. Eng. as amended Time of taking

petitions into by the 11 Geo. 3. c. 42. s. 2. Eng. and 25 Geo. 3. c. 84. Eng. consideration. has been already stated,* which provides in respect to ap- *Vide pages pointing a time for taking petitions into consideration; but ".

- 103-4. by the 10 Geo. 3. c. 16. s. 3. Eng. the house may alter the 10 Geo.3. c. 16. day and hour so appointed, giving to the parties the like S. 3. Em

Time altered. notice of such alteration and order to attend. By the 11 Geo. 3. c. 42.s. 2. Eng. no petition complaining of an undue 11 Geo.3.c.42. election or return, shall be taken into consideration, S. .

Time not within within 14 days after the return, to which it relates, shall 14 days. be brought into the office of the clerk of the crown. And the 28 Geo. 3. c. 52. s. 2. Eng provides that if at 28 Geo.3. c.52.

.: S. 2. Eng any time before the day appointed for taking such peti- * tion into consideration, the speaker shall be informed by Adjournment a certificate in writing subscribed by 2 members, of the case

thereof in what death of the sitting member whose election or return is complained of in such petition, or of the death of any member returned upon a double return, whose election &e. is complained of, &c, or that a writ of summons has been issued under the great seal to summon such member as a peer, or if the house of commons shall have resolved that the seat of such member is become vacant, or if the house shall be informed by a declaration in writing


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