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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, Commissioners For avoiding the inconveniencies and expense which for eramination

witnesses.or may arise, by. reason of witnesses being brought from 42Geo.3.c.106. Ireland to be examined before such committee, it is en8. 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 niake an order for the nomination and appointment of commis

sioners in manner herein directed ; but it is provided (by s. 5. 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 pre

sented 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 i to appoint commissioners, they shall proceed to try the merits of the petition in like manner as in case of con

troverted elections in Great Britain. The mode of aps. 7. pointing commissioners under this act, is by s. 7. that on

the next sitting day after the order for the appointment Made of appointing commis- of commissioners shall have been made by the committee, sioners,


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refuse commissi



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 como

missioners. 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 Gee. 47 Gr. 3. 4. 1. 3. st. 1. c. 14. s. 2. I. no person shall be a commissioner who c. 14. s. 2. 1o. shall have voted at the election in qnestion, or who shall what persons have or claim any right to vote for the county, &c. re- escluded. 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.


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and appointed, or otherwise shall be of no effect. By 426e0.3.c.106. the 42 Geo. 3. c. 106: s. 8. I. immediately after such

appointment of the 2 commissioners, and before the Chairman, how committee shall adjourn, a third commissioner, who shall uppointed.

be the chairman of the committee, shall be thrus appointed, viz. if all the parties interested shall agree amongst themselves in appointing any one such barrister who shall have consented thereto under his hand and seal, then such barrister shall be the chairman, or otherwise

the committee shall nominate any barrister of the like stand8. 9.

ing, in manner directed by s. 9., which provides that the

clerk of the crown in Ireland or his deputy shall, at the List of barrister's pelurned. commencement of every session of parliament, send

over to the speaker a list of all such barristers, of not less than 6 years standing, who shall have consented under their hands and seals to act either as commissioners, or as chairmen to the commissioners, for the purposes of this act, out of which list the committee shall appoint a comm.. sioner to act as chairman; provided that no barrister whose name shall have been previously struck off

the list by any of the parties before the committee, shall So 10.

be appointed to act as chairman). By s. 10. if all the

parties interested in the petition shall agree in nominating Commissioners appointed by

ány 3 such barristers to be commissioners, and shall deconsent.

liver to the chairman of the select committee a list of the 3 so agreed upon, and consenting to act as aforesaid, such list being signed by all the parties, such 3 persons

shall be the commissioners, and shall appoint one of $. 11.

themselves to be their chairman. But by s. il. where

more than 2 parties appear before the house upon disIlow appointed there parties

tinct interests at the striking of the committee, if it shall om, appear that there is a collusion between them, in such

case none of the parties shall be permitted to give in any list of barristers, but the committee shall, out of the list so returned by the clerk of the crown or his deputy as aforesaid, appoint the 3 comñissioners, and nominate

which of the three shall act as chairman. Attendance of By s. 12. if within one hour after the time fised by petitioner when required. the committee for the appointment of commissioners, any 426e0,3.c.1C6. petitioner shall not appear either by himself, his counsel s. 13. d.


appear upon


or agents, before the committee, or shall not give in any list of names as aforesaid, then the committee shall not proceed to the appointment of commissioners, so far as respects such petitioner so making default, but shall forthwith report to the house that such petition in such respect was not proceeded upon before the said committee, and the petitioner so neglecting to appear shall be held to have made default in the recognizance entered into by him on the presenting of such petition. And by s. 13. s. 13. if within one hour after the time fised by the committee

Absence of sif. for the appointment of commissioners, the sitting mem- ting member, 8C. ber or any other party opposing the petition, shall not *** supplies, appear before the commitpee by himself, or his counsel or agents, or shall not give in any list of names in manner aforesaid, the place of a party opposing the petition shall by supplied by the chairman of the committee, who shall accordingly, as often as it shall come to his turn, as so supplying the place of the party, &c. to strike out a name, put all the remaining names into a glass, and draw one out, which name shall be struck off the said list; and the same method of reducing the said list to the number of 2, shall be followed whenever any party shall #ave his right of striking off names from the said list.

By s. 14. when the commissioners shall be so appointed Warrunt of the as aforesaid, the chairman of the committee shall issue a commune om

ue, chairmun of the warrant under hand and seal directed to each of the com- neeting of the

e Commissioners. missioners, commanding them, under the penalty of £500, 4200.3.16. to repair to the city, borough, town, or place, in or for s. 14. l. which the election or return complained of, or other subject matter of the petition arose, on a day certain to be nained in said warrant, which day shall not be less than 14 days, nor more than 21 days, distant from the day on which the commissioners were appointed; and any com- Penalty of non missioner who shall neglect or refuse to obey such warrant shall forfeit £500.; the chairman of the committee is hereby required to address to the chairman of the Chairman of the

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committee to commissioners, a true copy of the petition which shall kute petition have been referred to the committee, and of the lists and te fun disputed votes and statements of the several parties which shall have been delivered before the committee, together K 2



with a true copy of the order made by the said committee, specially assigning and limiting the faets and allegations, matters and things, respecting which the commissioners are required to examine evidence, and report the same, together with all such other documents and papers as the committee shall think proper; all which warrants, petitions, orders, and papers shall be conveyed to the clerk of the crown in Ireland or his deputy, and by him or his deputy transmitted to the several parties, in the method used in conveying writs in Great Britain, and the chair

man of the committee shall also transmit a copy of his Copy of warrant warrant to the printer of the Dublin Gazeite, to be inpublished.

serted in the next number of the Gazette which shall be

published after the receipt of such copy. Adjournment of By s. 15. immediately after the completion of the proappointment of ceedings aforesaid, the chairman of the committee shall Commissioners.

oners. thereupon report the proceedings of the committee to 42Geo.3.c.106. 2. 15. 1.

the house, and shall ask permission for the committee to adjourn until such time as the speaker shall by his warrant, as aftermentioned, direct the committee to reassemble, and upon such permission being granted they shall adjourn accordingly. But when any committee shall so report to the house, they thall state in their report that they have gone through all the other parts of said petition, except

what have been specially referred to the commissioners s. 16. in Ireland. And it is provided (s. 16.) that such committees,

appointed for the trial of such petitions from Ireland, Committee dis.solved by redric- shall not be dissolved on account of the death or absence number of any number of the members thereof, except the num

ber shall be reduced to less than 9. Meeling is com. By this act, (s. 17.) on the day and at the place ap

s pointed, between the hours of 10 in the forenoon and 42G- $. 17. 1.

4 in the afternoon, the commissioners and chairman are
required to meet and open the court, and commence
their proceedings by reading the warrant of the chairman
of the committee, and the copy of the petition annexed
to the warrant, as also the copies of all other papers
transmitted by the chairman; and the commissioners shall
before proceeding, further take the following oath :-
“ I, A. B. do swear, that I will, without favour, affection,
“ or malice, and according to the best of my skill and

“ knowledge


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