s. 27. f. 23. Petition against mittee when s. 29. in the judgment of such committee. And by s. 27. if such petition shall not be presented within the time so limited, Decision when the judgment of such committee on such question shall final. be conclusive in all subsequent elections for that place, to all intents and purposes whatsoever. And by s. 28. whenever such petition shall be presented, a day and hour shall be appointed by the house for taking the same decision of cominto consideration, so that 40 days shall always intervene considered. between the day of presenting such petition, and the day for taking the same into consideration; and notice of such day and hour shall be inserted by order of the speaker in the next London Gazette, and shall also be sent by him to the sheriff or returning officer; and a copy of such notice shall by the said sheriff be affixed to the door of the county or town-hall, or of the nearest parish church. By s. 29. any person may, before the day of taking such petition into consideration, petition the house to be admitted as a party to defend such right of election, or of appointing the returning officer, and shall be thereupon admitted as such, In respect to such petitions when renewed in any subsequent session, the 34 Geo. 3. c.83. s. 1. 34 Geo.3. c. 83. s. 1. Eng. Eng. provides that the same shall be presented to the house within 14 days after the commencement of any such sub- Renewed pelisequent session, and that when any such renewed petition shall be so presented, a day and hour, not less than 14 days' distance, shall be appointed by the house for taking the same into consideration. And by s. 2. if any such petition shall not from time to time, and in every subsequent session of parliament until the same shall be taken into consideration, be renewed within the time so limited, the judgment of such committee shall be conclusive in all subsequent elections of members for that place, and to all intents and purposes. Parties admitted to oppose such petitions, tion. s. 2. tions deter By the 28 Geo. 3. c. 52. s. 30. Eng. at the hour ap- How such petpointed for taking any such petition into consideration, mined. the house shall proceed to appoint a select committee to 23Geo. 3. c. 52. try the merits thereof, according to the directions of the s. 30. Eng. acts, and such committee shall be sworn to try and deter mine the merits of such petition, so far as the same relate to any question respecting the right of election, or re specting s. 32. Distinction in respect to such petitions. Prorogation of parliament s. 33. Eng. specting the right of appointing, nominating, or choosing the returning officer; and the determination of such committee on such question shall be entered on the journals of the house, and shall be conclusive in all subsequent elections for that place to which the same shall relate. And by s. 32. the regulations and powers prescribed or given by the former acts or this act, to select committees for the trial of controverted elections or returns, shall be in full force with respect to committees appointed by this act for the trial of such questions of right, provided that the rules before enacted by which persons are required to enter into recognizances, and by which persons are liable to the payment of costs in the cases before specified, shall not apply to the case of any petition relating solely to any question respecting the right of election, or of appointing returning officers. This act provides (s. 33.) that whenever parliament shall be prorogued, while any committee shall be sitting for the pending petition 28 Geo.3. c.52. trial of any such petition, and before they shall have reported to the house their final determination thereon, such committee shall not be dissolved by such prorogation, but shall be thereby adjourned to 12 o'clock on the day immediately following that on which parliament shall meet again for the dispatch of business, (Sunday, Christmas Day, and Good Friday excepted,) and all former proceedings of the committee shall remain of the same effect as if parliament had not been prorogued; and such committee shall meet on the day and hour to which it shall be so adjourned, and shall thenceforward continue to sit from day to day until they have reported to the house their determination on the merits of such petition. Rules in respect to petitions not altered by the Union. 42Geo.3.c.106. s. 1. U. K. The 42 Geo. 3. c. 106. s. 1. U. K. has enacted, upon the union with Ireland, that the rules, regulations, authorities, and powers theretofore given or prescribed by any act of parliament of Great Britain, and in force at the time of the passing of the act for the union of Great Britain and Ireland, with respect to petitions presented to the house of commons, complaining of undue elections or returns of members, or of the omission or insufficiency of any such return, and with respect to pe titions S. 2. Petitions from state titions of persons desiring to oppose any right of election, or any right of choosing, nominating, or appointing returning officers, which shall have been deemed valid by the determination of any select committee, shall be in full force with respect to all such petitions as shall be presented to the house of commons of the united kingdom, from any place or person in any part of the united kingdom, except so far as the same are altered by this act. And with respect to Ireland in particular, this act (s. 2.) provides that no such petitions shall be proceeded upon by the house, unless the same shall state all the matters and things concerning which the petitioners pre- Ireland, what te senting the same are desirous of complaining, and to which they intend to call and examine witnesses; and that no witnesses shall be called, &c. by or on behalf of such petitioners, either by or before the committees to be chosen for the trial of such petitions, or by or before the commissioners to be chosen and appointed in manner herein mentioned, to any matters not contained or set forth in such petitions, or in the lists and statements herein mentioned. By s. 3. all the parties appearing before any such committee, shall immediately after a chair- Lists of objecti man shall be chosen by the committee, and before any onable voters interchanged. other business shall be proceeded on by the parties or either of them before the committees, interchange lists of the names of all such voters to which either of the parties intend to object, as also statements in writing of all particulars respecting any right of voting, or of choosing, or of nominating a returning officer, and respecting all other matters meant to be insisted upon; and that no witness shall be called, &c. by or on behalf of either of the parties before the committee, or before the said commissioners, to any matter not specified in the said lists or statements, or in such petition. And by the 47 47 Geo.3. st. 1. Geo. 3. st. 1. c. 14. s. 4. I. the parties so appearing and delivering lists of voters, shall in such lists specify against No other obiec the name of every voter contained in such list, the particular grounds of objection to such vote. or voter, and no evidence shall be adduced before the committee or commissioners, against the validity of any vote upon any other * Vide 47 Geo, 3. st. 1. c 14. s. 8. I. ante page 195. s. 3. c. 14. s. 4. I. tions entered into Commissioners for examination of witnesses. other ground than one so specified; and if any objection shall be so stated, and no evidence shall be produced before the committee or commissioners to substantiate the same, if the select committee shall be of opinion that such proceeding was frivolous and vexatious, they shall report the same to the house, together with their opinion on the other matters relating to said petition, and the opposite party shalt in such case recover from the party on whose behalf any such objection was made, the full costs and expenses incurred by such frivolous objection, which costs, &c. shall be ascertained and recovered in like manner as the costs of frivolous petitions, or frivolous opposition to any petition. For avoiding the inconveniencies and expense which may arise, by reason of witnesses being brought from 42Geo.3.c.106. Ireland to be examined before such committee, it is en 8. 4. I. acted by the 42 Geo. 3. c. 106. s. 4. I. that whenever a committee shall be appointed for the trial of any such petition, upon its appearing to the committee from the nature of the case, and the number of witnesses to be examined relative to any allegation in the petition, that the same cannot be effectually inquired into before such committee, without great expense and inconvenience to the parties or either of them, it shall be lawful for the committee, upon the application of any of the parties, at any period during their proceedings upon such petition, to make an order for the nomination and appointment of commissioners in manner herein directed; but it is provided (by s. 5.) that no such commission shall issue, unless the party Notice of appli- intending to apply for the same shall serve a notice on cation for such the opposite party, as soon as the petition shall be presented to the house, of his intention to apply to the committee for such commission; and by s. 6. if the committee shall not think it necessary to make such order, or refuse commissi- to appoint commissioners, they shall proceed to try the merits of the petition in like manner as in case of controverted elections in Great Britain. The mode of appointing commissioners under this act, is by s. 7. that on the next sitting day after the order for the appointment 8. 5. commission. s. 6. Committee may on. s. 7. Made of ap pointing commis- of commissioners shall have been made by the committee, sioners. in missioners. in the presence of the committee, and of the petitioners and sitting members, and their respective counsel or agents, and also in the presence of all parties before the house on distinct interests, or complaining or complained of on different grounds, or whose right to be elected or returned may be affected by the determination of the committee, or their respective counsel or agents, or in the presence of such of the said parties, their counsel, or agents, as shall then and there attend, the names of 3 Who to be com barristers each being of 6 years' standing at the bar, and each of them having consented under their hands and seals, to become commissioners on being appointed in manner herein mentioned, (and not having voted at the election in question, nor having been at the time of such election sheriff of the county, or returning officer of the city, &c. in or for which the said election, return, or other matter of the petition arose, nor having been counsel at such election,) shall be delivered to the chairman of the committee, by or on behalf of each of the distinct parties, or of such of them as shall then and there attend by themselves, their counsel or agents; and a list of the whole of such names shall forthwith be made, and thereupon the said parties, their counsel or agents, beginning on the part of the petitioners, shall in the presence of the committee, proceed alternately to strike off the name of one of the said barristers contained in the said list, until the number shall be reduced to 2, which 2 barristers together with the chairman, who shall also be a barrister of the like standing, and who shall be named in manner herein mentioned, shall be commissioners for examining all such matters as shall be referred to them by the committee, and specially assigned and limited in the order of the committee for that purpose. And by the 47 Geo. 47 Gen. 3. st. 1. 3. st. 1. c. 14. s. 2. I. no person shall be a commissioner who c. 14. s. 2. L. shall have voted at the election in question, or who shall have or claim any right to vote for the county, &c. re- excluded. pecting which the election or return complained of or other subject matter of such petition arose, without the consent in writing of the petitioners and sitting members; but by s. 3. any objection to the appointment of a commissioner shall be made at the time of his being chosen VOL. I. K and What persons 8. 3. |