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. whom subscribed thereupon. 28 Geo-3. c.52. s. 1. Eng. s. S. I. 3.5. when entered By the 28 Geo. 3. c. 52. s. 1. Eng. no petition com- Petition, by plaining of an undue election or return, or of the omission & recognizance or insufficiency of a return, shall be proceeded upon, unless subscribed by some person claiming therein to have 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 within such further time as shall be limited by the house, Recognizance, personally enter into a recognizance to the king, accor- into. 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and also to appear before any select committee appointed for the trial of the same, or until the same shall have been withdrawn by the permission of the house; and if at the expiration of the 14 days, such recognizance shall not have been entered into, or shall not have been received by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 entered 3. 6. Before whom. s. 7. When before a justice. 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 30. By s. 6. such recognizances shall be entered into before the speaker, by whom also the sufficiency of the 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 resolution of the house of commons. And by s. 7. when the parties who are to enter into such recognizances, or their sureties, 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 affidavits under their hand. By s. 8. the house shall 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 re- within one hour after the time fixed for calling in Cognizance forthe parties, for the purpose of proceeding to the appointment 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 comnittee to prosecute their petition; or if such s. 8. Petition not to S. 9. Within what feited. persons shall neglect 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. 103-4. s. 3. Eng. Time altered. s. 2. Eng. Time not within 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 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 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, 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 petition into consideration, the speaker shall be informed by Adjournment a certificate in writing subscribed by 2 members, of the 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 &c. 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 subscribed thereof in what cases. circumstance to subscribed by such member and delivered in at the table of the house, that it is not the intention of such member Notice by the to defend his election, &c. in every such case notice speaker of such thereof shall be immediately sent by the speaker to the returning offer. sheriff or other returning officer, and such officer shall cause a copy of the same to be affixed on the doors of the county-hall or town-hall, or of the parish church nearest the place where 'such election has been usually held, and such notice shall also be inserted by order of the speaker in the next London Gazette, and the order for taking such petition into consideration shall if necessary be adjourned, so that 30 days may intervene between the day on which such notice shall be inserted in the Gazette, and the day on which such petition shall be taken into consideration. And by s. 3, it shall be lawful at any time within 30 days after the day on which such notice shall have been inserted in the Gazette, for any person instead of such claiming to have had a right to vote at such election, to petition the house praying to be admitted a party in the room of such member, and such person shall be admitted accordingly. But by s. 4. whenever the member whose election is complained of in such petition shall have given notice of his intention not to defend the same, he shall not be admitted to appear as a party against defend his return such petition in any subsequent proceeding thereupon, and he shall also be restrained from sitting in the house or voting on any question, until such petition shall have been decided upon in the manner prescribed by 10 Geo. 3. c. 16. 11 Geo. 3. c. 42, and 25 Geo. 3. c. 84. s. S. Elector to be admitted as a party member. s. 4. Sitting member shall not be a party after notice that he will not Committee. 10 Geo.3. c. 16. s. 4. Eng. Appointment of Next, as to the mode of appointing a select committee to try such petition. By the 10 Geo. 3. c. 16. s. 4. Eng. at the time appointed for taking such petition into consideration, and previous to the reading the order..of the day for that purpose, the serjeant at arms shall be diHouse counted, rected to go with the mace to the places adjacent, and appoint the immediate attendance of the members, and after his return the house shall be counted; and by s. 5. if 100 members shall be then present, the petitioners by themselves, their counsel or agents, and the counsel or agents of the sitting members, shall be ordered to attend s. 5. Ballot for 49 names at s. 6. at the bar, and then the door of the house shall be locked, and no member shall be suffered to enter into or depart from the house, until the petitioners, their counsel and agents, and the counsel or agents for the sitting members, shall be directed to withdraw as after mentioned; and when the door shall be so locked, the order of the day shall be read, and the names of all the members of the house, written or printed on distinct pieces of parchment or paper, being all of equal size and rolled up in the same manner, shall be put in equal numbers into 6 boxes or glasses to be placed on the table, and shall there be shaken together, and then the clerk, or clerk-assistant, shall publicly draw thereout alternately the said pieces, and deliver the same to the speaker to be by him read to the house, and so shall continue to do until 49 names of the members then present be drawn. By s. 6. if the name of any member who shall have given his vote at any election, or who shall be a petitioner, or against What persons whom a petition shall be then depending, or whose return shall not have been brought in 14 days, shall be drawn, his name shall be set aside. And by s. 7. if the name of any member of 60 years or upwards be drawn, he shall be excused from serving on the select committee excused. if he require it, and verify the cause of such requisition upon oath; and by s. 8. if the name of any member who has served in such select committee during the same session be drawn, he shall, if he requires it, be excused from serving again, unless the house shall, before the day appointed for taking the petition into consideration, have resolved that the number who have not so served is insufficient; but by s. 9. no member who after having been appointed shall on account of inability or accident have been excused from attending throughout, shall be deemed to have served. By s. 10. if any other member shall offer and verify upon oath any other excuse, the substance of the allegation so verified shall be taken. down by the clerk, that the same may be afterwards entered on the journals, and the opinion of the house shall be taken thereon; and if the house shall resolve that the said member is unable to serve, or cannot without great detriment, s. 7. What persons 8. 8 s. 9. s. 10. |