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house. But this act provides, (s. 7) that when there shall
be more than 2 parties on distinct interests, or complainNominees when to be chosen by ing of an undue election upon different grounds, the 13 parties on distinct interesis.
members returned to the house by virtue of the 11 Geo. 3.
been first ballotted for, shall have the preference in the 47 Gen. 3. st. 1. choice of members to serve as nominees. The 47 Geo.3.st. 1. c. l. s. 2.
c.1. s.2. further provides that the 13 members, who by virtue When the 13 of the former acts shall be entitled to choose 2 members, or members shall have the choice one member (as the case may require) to be added to the of 1 or 2 mem. 13 members for the completion of the committee, shall bers to complete their committee. not choose such 2 members, or one member, until all the
other select committees to be ballotted for on that day, in the appointing of which the parties before the house shall ' name 2 members to be added to the members drawn by
lot, shall be sworn if any such can be completed. And if 2 or more committees shall be ballotted for on the
same day, for the completion of which the 13 members And in what 'returned to the house shall be entitled to choose 2 memorder.
bers or one member, then the 13 members on the committee or committees which shall have been first balloted for, shall have the preference successively in choosing such member or members for the completion of such
committee or committees. Proceedings of With respect to the proceedings of the committee
when when formed, the 10 Geo. 3. c. 16. s. 17. Eng. enacts, 10Geo, 3. c. 16. that the select committee shall on their meeting eléct a s. 17. Eng.
chairman from amongst the members chosen by lot; and Chairman if in the election there shall be an equal number of chosen,
voices, the member whose name was first drawn in the house shall have a casting voice; and so in case there
shall be occasion for electing a new chairman, on the s. 19. death or necessary absence of the first. And by s. 19,
the committees shall sit every day, Christmas-day, SunTo sit every day excepi, 8c. day, (and Good Friday, by the 28 Geo. 3. c. 52.) ex
cepted; and shall never adjourn for longer than 24 hours, unless such days intervene, without leave of the house to be obtained upon motion and special cause assigned; and in case the house shall be sitting at the time to which the committee adjourned, then the business shall be stayed, Adjournments. and a motion shall be made for a further adjournment for any time to be fixed by the house, not exceeding 24 hours; and by s. 20, where the time prescribed for the s. 20. ineeting, sitting, or adjournment of the committee, shall
To meet again by the intervention of a Sunday, &c, exceed 24 hours, within 24 hours. şuch meeting, &c. shall be within 24 hours from the time of appointing the same, exclusive of such Sunday, &c. And this act provides, (s. 21,) that no member of s. 21. any such committee shall absent himself without leave v
ave No member to obtained from, or an excuse allowed by the house at the absent himself. next sitting, on special cause shewn and verified upon path; and the said committee shall never sit, until all the members to whom such leave has not been granted or excuse allowed are met, and in case they shall not all meet within one hour after the time to which the committee shall have been adjourned, a farther adjournment shall be made as aforesaid, and reported with the cause thereof to the house. And by s, 22, the chairman of the S. 22. committee is required, at the next meeting of the house, als
Members absent ways to report the name of every member who shall have renorted to the been absent without leave or excuse, anil such member shall be directed to attend the house at the next sitting, and shall then be ordered into the custody of the serjeant at arms for such neglect, and otherwise punished or censured at the discretion of the house, until it shall appear by facts specially stated and verified upon oatlı, that such member was by a sų:lden accident, or by necessity, prevented from attending such committee. By ş. 23, if $. 23. more than 2 members shall on any account bę absent, Air the committee shall be adjourned in manner above di- more than 3 abrected, and so froin time to time until 13 members are ““ assembled. And by s, 2 t, in case the number of mem $ 24. bers able to attend shall by death or otherwise be reduced
Committee dise to less than 13, and shall so continue for 3 sitting days, solved if number the committee shall be dissolied, and a.other chosen to cau
try the petition, and all proceedings of the former com28Geo. 3.c. 52. mittee shall be void. But by the 28 Geo. 3.c. 52. s. 17. Eng. s. 17. Eng.
whenever any committee shall have sat for business 14 days, not including those days on which they shall have adjourned on account of the absence of any member, nor including Sunday, Christmas-day, or Good Friday, they may proceed to business, if a number of members not
less than 12 shall be present; and in such case the comWhen not dis- mittee shall not be dissolved by the absence of the memsolved, though reduced to 12. bers, unless the number able to attend shall by death or
otherwise be reduced to less than 12, and shall so continue for 3 sitting days; and whenever any committee shall in like manner have sat for business 25 days, they
may proceed to business, if a number of members not less When though than 11 be present; and in such case the committee shall reduced to 11.
not be dissolved by reason of the absence of the members, unless the number shall by death or otherwise be reduced to less than 11, and shall so continue for 3 sit
ting days. Powers of com- By the 10 Geo. 3. c. 16. s. 18. Eng. such committees shall mittee. 10 Geo. 3.c.16. have power to send for persons, papers, and records; and 5. 16. Eng. shall examine all witnesses who come before them upon
oath; and shall try the merits of the return or election or both, and shall determine by a majority of voices, whether the petitioners or the sitting members, or either of them, be duly returned or elected, or whether the election be void; which determination shall be final, and the house on being informed thereof by the chairman of such committee, shall order the same to be entered on their journals, and give the necessary directions for confirming or altering the returns, or for the issuing a new
writ, or for carrying the said determination into execu$. 25.
tion. And by s. 25, if the committee shall come to any resolution other than the determination above mentioned, they shall if they think proper report the same to the house for their opinion, at the time that the chairman shall inform the house of such determination ; and the house may confirm or disagree with such resolution, and
make such orders as to them shall seem proper. This act s. 27. provides, (s.27.) that whenever the committee shall think
it necessary to deliberate amongst themselves, upon any way deliberate question which shall arise in the course of the trial, or in private. upon the determination thereof, or upon any resolution concerning the matter of the petition; as soon as the committee shall have heard the evidence and counsel on both sides relative thereto, the room wherein they sit shall be cleared, if they shall think proper, while the members consider thereof; and all such questions, as well as such determination, and all other resolutions shall be by a majority of voices; and if the voices shall Determination be equal, the chairman shall have a casting voice: But by majority. by s. 28, no such determination shall be made, unless 13 members shall be present, and no member shall have & vote who has not attended during.every sitting of the Number re committee. And by s. 26, if any person summoned by S. 26. the committee shall disobey such summons, or if any
To report miswitness shall prevaricate, or otherwise misbehave in giv- cond ing or refusing to give evidence, the chairman of the nesses, 8c. committee, by their directions, may during the course of their proceedings report the same to the house, for the interposition of their authority or censure as the case shall require. But by the 28 Geo. 3. c. 52. s. 16. Eng. 28Gro. 3.c.52. the committee is in any of such cases empowered, by S. 16. warrant signed by the chairman, and directed to the May commit for. serjeant at arms, or his deputy, to commit such person contempl. (not being a peer or lord of parliament) to the custody of the serjeant, without bail or mainprize, for any time not exceeding 24 hours, if the house shall then be sitting, or if not, then for any time not exceeding 24 hours, after the hour to which the house shall be adjourned. The 11 Geo. 3. c. 42. s. 5. Eng. provides that if the 11 Geo.3. c.42. select committee shall have occasion to apply or report s. • to the house, in relation to adjournment of the committee, Ailjournment in the absence of the members thereof, or the non-attend- what a ance or misbehaviour of witnesses summoned to appear, or appearing before them, and the house shall then be adjourned for more than 3 days, the committee may also adjourn to the day appointed for the meeting of the house.
By the 42 Geo. 3. c. 84. s. 8. G. B. every such committee 426e0,3.c. 84. shall be attended by a shorthand-writer, who shall be ap- s. 8. G. B. pointed by the clerk of the house of commons, and sworn Shorthand writer
to attend com. by mittee.
by the chairman faithfully and truly to take down in shorthand the evidence adduced before the committee, and from day to day as occasion may require to transcribe, or cause the same to be transcribed, in words at length, for
the use of the committee. Oaths by whom By the 10 Geo. 3. c. 16. s. 29. Eng, the oaths directed administered. 106co. .6.16. to be taken in the house, shall be administered by the 8. 29. Eng.' clerk or clerk assistant in the same manner as the oaths of
allegiance and supremacy; and the oaths before the select committee, shall be administered by the clerk attending the committee; and persons guilty of wilful and corrupt perjury in evidence before the house, or said committee, shall incur the pains and penalties to which any person convicted of perjury is liable by the laws and statutes of
the realm, Commiltee to re- By the 28 Geo. 3. c. 52. s, 18. Eng, such committees tition or opposi- a
at the time they report to the house their final determi, tion frivolous. nation on the petition, shall also report, &c, whether 28Geo. 3.c.52. 8. 18. Eng.
*such petition did or did not appear to them to be frivo,
lous or vexatious; and they shall in like manner report with respect to every party who shall have appeared before them in opposition to such petition, whether the opposition did or did not appear to be frivolous or vexatious; and if no party shall have appeared before them in opposition to such petition, they shall then re, port, &c, whether such election or return, or such alleged omission or insufficiency of a return, did or did not appear to þe yexațious or corrupt. And by s. 19. whenever
such committee shall report the petition to be frivolous or tion frivolous.
"* vexatious, the parties who shall have appeared before
them in opposition to such petition, shall be entitled to recover from the persons syho shall have signed such pe
tition, the full costs and expenses which such parties s. 20. shall have incurred: But on the other hand, by s. 20,
whenever such committee shall report the opposition Costs when opposition frivo' made to the petition to be frivolous or vexatious, the lous,
persons who have signed such petition shall be entitled to recover from such parties, with respect to whom such
report shall be made, the costs and expenses which such $. 21. petitioner shall have incurred. And by s. 21, whenever, Costs when re- in any case where no party shall have appeared before turn corrunt,