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bers, but shall not, on any day when any such petition shall be ordered to be taken into consideration, proceed to any other business, (other than sucli as may by any act of parliament be proceeded on) previous to reading the order of the day for taking such petition into consideration..
As to the mode of appointing a select committee, by Mode of apo the 10 Geo. 3. c. 16. s. 13. Eng. as soon as the 49 mem- pointing a sec bers shall have been chosen, and 2 members nominated, 10 Geo. 3.c.16. the door shall be opened, and the house may proceed . 19 upon other business; and lists of the 49 members shall be then given to the petitioners, their counsel, or agents, and the counsel or agents for the sitting members, who shall immediately withdraw, together with the clerk appointed to attend the select committee; and the said petitioners and sitting members, their counsel or agents, beginning on the part of the petitioners, shall alternately strike off one of the said 49 members, until the number shall be reduced to 13; and the said clerk, within one hour at farthest from the time of the parties withdrawing from the house, shall deliver in to the house the names of the 13 members then remaining; and the said 13 members, together with the 2 members nominated, shall be sworn at the table “ well and truly to try the matter of Oath of select “ the petition referred to them, and a true judgment to committee. “ give according to the evidence;" and shall be à select committee to try and determine the return or election appointed by the house to be that day, taken into consideration; and the house shall order the select committee to meet at a certain time to be fixed by the louse, within Time and place 24 hours after the appointment of the select committee, of their meeting. unless a Sunday or Christmas-day (or Good Friday, Ly the 28 Geo. 3. c. 52. Eng.) shall intervene; and the place of their meeting shall be some convenient room adjacent to the house of commons or court of requests. By s. 14, s. 1 to on the parties withdrawing, the house shall continue sitting, and the 51 members so chosen and nominated, shall not depart the house, till the time for the meeting of the said select committee shail be fixed; which committee by s. 15, shall always consist of 15 members, and no more. s. 15. VOL. I.
Names undrar ni
s. 16. By s. 16, the names of all the members so written and rolled
up, as directed by this statute, (s.5.) shall previous to the Names of the members sealed day appointed for taking any such petition into considera
tion, be prepared by the said clerk, or clerk assistant, and
up in his presence in the manner directed by this act;
mand as soon as the parties shall be withdrawn as aforesaid, may be drawn at and before the house shall center on any other business, request of any member. any member may require, that the names of all the mem
bers which remain undrawn, shall be drawn and read
aloud by the clerk or clerk assistant. Commitlee how By the 28 Geo. 3. c. 52. s. 14. Eng. if within one hout appointed in the absence of sit- after the time appointed, the sitting member, or other ting member,
parties opposing the petition, shall not appear by them28Geo. 3. c. 52, selves, their counsel, or agents, or if at the time appointed
there shall be no party before the house opposing the petition, the house shall proceed to appoint a select committee, to try the merits of such petition in the following manner, viz.: the names of 49 members shall be drawn as prescribed by the former acts, but in reducing the list to 13, the place of a party opposing the petition shall be supplied by the clerk appointed to attend the committee, who shall, as often as it shall come to his turn as supplying the place of the party opposing the petition to strike out a name, strike out that name which then shall be first in the list; and where the party opposing would be empowered by the acts to nominate one member to be added to the 13, the said 13 shall, from among the persons present in the house at the time of drawing the names of the members, choose one person to supply the place of the member to have been nominated, in the same manner as directed by the 11 Geo. 3. c. 42. s. 6. when there are more than two parties on distinct inte
rests*; and by s. 15, the same method of reducing the * Vide next palist drawn to 13, and of nominating a member to be added tagap
s. 15. to the 13 remaining on the list, shall be followed whenever Same proceeding any party shall wave his right of striking off names, or where party, of nominating a member to be added to the 13.
of striking off
names, &c. The 11 Geo. 3. c. 42. s. 6. Eng. provides that where How appointed several parties on distinct interests, or grounds of com
me distinct interests. plaint, shall present separate petitions complaining of 11 Geo. 3. c. 42. an undue election or return, each of the said parties * shall, in forming the select committee, successively strike Instead of nooff a member from the 49 to be chosen by lot, until the m number be reduced to 13, and the lists of the 49 members chosen by lot shall for this purpose be given to all the parties; and the order in which the said parties shall so strike off the members, shall be determined by lot after they are withdrawn from the bar, and in such case neither of the said parties (there being more than two) shall be permitted to name a member to be added to the number so drawn by lot; but as the 13 members shall be returned by the parties to the house, such 13 members shall immediately withdraw, and shall by themselves choose 2 members then present in the house, whose names sliall not have been drawn, to be added to the 13 members, and shall within one hour from withdraw. ing, report the names of such 2 members to the house, which 2 members shall be liable to be set aside on the like objections for which nominees may; and in case such 2 members, or either of them shall be set aside, the 13 members shall choose 1 or 2 others, until 2 are chosen against whom none of the objections shall be allowed; and the names of such 2 members shall be then added to the 13; and all the said 15 members shall be sworn at the table of the select committee. By s. 7. where the s. 9. nominees are by this act directed to be named by the
Mecting of 13 members, no member present at the time of the ballot committee fixed, shall depart from the house, until the meeting of the said select committee shall be fixed. And by the 25 Geo. 3. 25 Gen.3. c.84. c. 84. s. 12. Eng. in cases of petitions presented according "";
s. 12. Eng. . to the provisions of this statute, s. 10. t, if the returning + Vides 10. officer cannot be found to be served with the notice thereof page 104. or order to attend, or being served shall not appear by
Litions than one
Select committee himself, his counsel or agents, at the day appointed for under this act. taking such petition into consideration, the house may
authorize any person to appear in his stead; and in case there shall be more petitions than one presented, complaining of such return, or omission of a return, on distinct interests or different grounds, the house shall determine whether the returning officer, or person appearing in his stead, shall, together with such petitioners, be entitled to strike off from the list of members drawn by lot, as directed by the 11 Geo. 3. c. 42. in the case where there shall be more than two parties before the house or whether such list shall be reduced by the parties se
verally presenting the said petitions only. Where more pe. The 42 Geo. 3. c. 84. s. 1. G. B. contains the followare to be consio
einig provisions which are proper for this place; by s. 1.
8 Portion dered the same where two or more petitions are to be taken into considay. 42 Geo. 3. c.84. deration by the house on the same day, it shall be lawful 3. 1. G. B. after the summoning the members, and counting the
house, as directed by the former acts, to order all the petitioners and other parties, by themselves, their counsel or agents, to attend within the house at the same time before the door shall be locked, and after the list of 49 names of the members present hath been drawn by lot, and completed, in order to form the first committee, according to the directions of the said former acts, it shall be lawful to proceed forthwith and before the door of the house shall be opened (except for the purposes after
mentioned), to draw by lot and complete in the same Successive lists manner, out of the same boxes or glasses, another list of formed,
49 names of the remaining members present, in order to form a second committee, and so successively to form such other number of committees as may be required for the trial of such petitions; and the select committees, and the nominees, shall then severally be appointed ac
cording to the former acts in like manner as if only one s. 2.
list of 49 names had then been forined: But by s. 2, it
shall not be lawful to proceed to forin successive lists in Number of
be order to form more than one of such committees, unless presenlo ' :120 members shall be present in the house at the time of counting the same; and so if for more than two, 200; for
more than three, 270; for more than four, 360; and in
Name of mem. any member whose name is drawn shall be excused for ber excused, how some reason which applies specially to any one petition, "p the name of such member shall be returned into the box or glass, so that it may be again drawn by lot upon any of the following petitions. And by s. 4. if upon draw S. 4. ing out the name of any member by lot, upon one of
Names of insuch petitions, the petitioners or sitting members, or the tended rominges agents who shall have been ordered to attend within the aside.
„...in chif drawn, set house upon any other petition, shall declare that such member is intended to be one of the 2 nominees nominated by them respectively, and if such member shall consent to such nomination, the name of such member so drawn shall be set aside, and another member shall be drawn to complete the number of 49 to be drawn by lot. But by s. 5, if 2 or more such petitions are to s. 5. be taken into consideration on the same day, and a sufficient number of members liable to serve shall not be possible formed.
As many lists as . present in the house, so that successive lists cannot be formed upon all such petitions, yet the house may nevertheless proceed to form the lists, and appoint the select committees upon such number of petitions, whether one or more, as far as they are enabled to do so by the num· ber of members present, and after such appointment proceed to other business ; and the order for taking any remaining petition into consideration shall be adjourned as directed by the former acts. It shall be lawful, by 9, 6. for the petitioners and other parties, and their s. 6. counsel or agents, to withdraw froin the liouse, so soon as the list of 49 members shall have been drawn; and for 49 names drawn.
Proceeding after the clerk appointed to attend the said committee, to return the reduced list, in the time intervening between any two ballots; and the members remaining upon any of the reduced lists, together with the 2 members who shall be appointed as nominees, shall be sworn at the table, and be at liberty förthwith to depart from the