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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 sho
to 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 affised 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 Elector to be admitted as a party shall have been inserted in the Gazette, for any person instead of such claiming to have had a right to vote at such election, member.
to petition the house praying to be admitted a party in
the room of such member, and such person shall be ad$. 4.
mitted accordingly. But by s. 4. whenever the member
whose election is complained of in such petition shall Sitting member shall not be a have given notice of his intention not to defend the same, party after notice
of 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 bave been decided upon in the manner prescribed by 10 Geo. 3.
c. 16. 11 Geo. 3. c. 42, and 25 Geo. 3. c. 84. Appointment of Next, as to the mode of appointing a select committee
16 to try such petition. By the 10 Geg. 3. c. 16. s. 4. Eng. s. 4. Eng. at the time appointed for taking such petition into consi
deration, and previous to the reading the order..of the day for that purpose, the serjeant at arms shall be directed to go with the mace to the places adjacent, and
appoint the immediate attendance of the members, and s. 5. after his return the house shall be counted; and by s. 5. Ballot for 49
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
Committee. 10 Geo, 3.
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
s. 6. name of any member who shall have given his vote at any election, or who shall be a petitioner, or against what pe
cxcluded. 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 s. 7. 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. froin 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 s. 9. 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 mem- s. 10. ber 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, he shall also be excused. And this act pro8. 11. vides, (s. 11) that instead of the members set aside and ex
cused, the names of other members shall be drawn, until Tzeo nominees.
the whole number of 49, not liable to be set aside or excused, shall be complete; and the petitioners or their agents shall then name' one, and the sitting members or their agents another, from among the members then present, whose names shall not have been drawn, to be added to those who shall have been so chosen by lot; but by s. 12. either of the members so nominated, may be set aside for the same causes as those chosen by lot, or shall, if he requires it, be excused from serving on said select committee, and the party who nominated the member so set aside or excused, shall nominate another
and continue so to do until his nominee is admitted. $. 15. By s. 15. if upon, the drawing out the name of any
member, the petitioners or sitting members or their Nominees er. cluded in ballot- agents shall declare, that such member is intended to be ting for the 49.
one of the nominees, and if such member shall consent to such nomination, the name of such member so drawn shall be set aside, and unless objected to as aforesaid, he shall serve as such nominee, and the name of another shall be drawn to supply his place to complete the 49; and if the petitioners or sitting members, or their agents, shall not nominate a member then present, who shall be admitted according to the directions of this act, then the want of such nomination shall be supplied by drawing out instead thereof the name of one or two members as the case shall require, who shall be drawn in like manner, and subject to the like objections and excuses as the other 49 members drawn by lot, and shall be added to the lists of the said 49 members, and shall be liable to be struck off in the same manner, leaving always 15
members and no'more as a select committee.
mbers By the 10 Geo. 3. 4. 16. s. 4. Eng. as amended by the not present or 49 cannot be 11 Geo. 3. C. 42. s. 3. Eng. 28 Geo. 3. c. 52. s. 10. Eng. completed, house to adjourn. and 36 Geo. 3, c. 59, s. 1. Eng. if when the house shall 10 Geo. 3. c.16. be counted as aforesaid there be less than 100 members s. 4. Eng. 11 Geo.3. c.42. present, or if at the time of drawing by lot the names of $. 3. Eng. 28 Geo.3. c.52. the members in manner above prescribed, the number of s. 10. Eng.
T 100 members
49, not set aside or excused, cannot be completed, the 36Geo.3. c. 59.
s. 1. Eng. order shall be immediately adjourned to a particular hour” on the following day, (Sunday, Christmas-day, and Good Friday escepted) and the house shall then adjourn to the said day, and the proceedings of all committees subsequent to such notice from the said serjeant shall be yoid; and the house shall on said following day, &c. proceed in the same manner, and so from day to day, until there be an attendance of 100 members at the reading of the order of the day. And by the 28 Geo. 3. c. 52. s. 11. 29Geo. 3. c. 52
s. 11. Eng. Eng. if on the day immediately preceding Christmasday, Whit Sunday, or Good Friday, after reading the Adjournment in
such cases at order of the day, there shall not be present the said Christmas, 8c. number of 100, or if 49 cannot be completed, it shall be lawful for the house to direct that the said order shall be adjourned, and the house shall immediately be adjourned to any hour and day to which the house shall think fit to adjourn such order. And by this act, (s. 13.) if within one s.:13. hour after the time fixed in pursuance of these acts for
If parties shall calling in the parties, their counsel or agents, for the noi duly appear, appointment of a select committee, the petitioners shall order des not appear by themselves, their counsel or agents; the order for taking such petition into consideration shall be diseharged, and such petition shall not be any further proceeded upon. But by the 36 Geo. 3. c. 59. s. 1. Eng. 36Geo. 3.c. 59. after the order for taking any such petition into conside- S. 1. Eng. ration shall be so adjourned, as by these acts is directed, Proceedings els it shall be lawful for the house to proceed upon any order lot
* adljournment, of the day for the call of the house which shall have been previously fixed for that day, and to direct that the house be then called over, or to adjourn such order for a call of the house to a future day, and to make such orders relating thereto as to them shall seem meet; or if no order for a call of the house shall have been so fixed for, that day, then the house may order that the house shall be called over on any future day, and make such orders relating thereto as they shall think necessary, and in any case to make such orders, for enforcing the attendance of the members on the business of the house, as to them shall seem expedient; and the house shall then adjourn
to the same day to which such order shall have been adjourned, and so from time to time; and in case no such proceedings shall take place, or if in the course of those proceedings the house shall be adjourned for want of members, the house shall be deemed to be adjourned to the day to which such order shall have been adjourned ; provided that in case the 19 members not set aside nor excused cannot be completed, the house shall not proceed upon any of the said matters until the door of the house is unlocked, and the parties, their counsel, and
agents, are withdrawn from the bar. On the day for By the 11 Geo. 3. c. 42. s. 4. Eng. on the day apconsidering petition, all other pointed for taking any petition complaining of an undue
ss post election or return into consideration, the house shall not poned, except swearing mem- proceed to any other business except the swearing of bers.
0.3.6.42 members previous to the reading of the order of the day. 5. 4. F.ng. But by the 28 Geo. 3. c. 52. s. 12. Eng. it shall be lawful 28Geo. 3. c. 52. for the house, previous to the reading the order of the day
· for taking such petition into consideration, to receive any Other excep. report from any select committee appointed in pursuance
of the acts, and to enter the same upon their journals, and to give the necessary orders thereupon; and previous to reading the said order, the clerk of the crown may be admitted to alter any return, in pursuance of an order made on the preceding day, or on that day; or the house may, previous to reading said order, postpone the same for the purpose of attending his majesty, or his
majesty's commissioners in the house of lords, in conse
.. quence of any message signified to the house in the usual 32 Geo. 3. c. 1. manner. And by the 32 Geo. 3. c. 1. Eng. the house
may also, previous to the reading the order for taking any Other excep such petition into consideration, receive any message from tions.
the lords, or on the day appointed for the trial of any articles of impeachment exhibited by the commons before the lords, proceed to any business that may be neces
sary for carrying on the prosecution of such impeach36 Geo. 3.c. 59. ment. By the 36 Geo. 3. c. 59. s. 2. Eng. the house S. 2. Eng.
may also proceed to the calling over the house, adjournOther excep- ing such call, or ordering a call, and making orders relative thereto, or for enforcing the attendance of the mem