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S. 22,

such committee in opposition to such petition, such com-
mittee shall report with respect to the election or return,
or to the alleged omission of a return, or to the alleged in-
sufficiency of a return, complained of in such petition, that
the same appeared vexatious or corrupt, the persons who
shall have signed such petition shall be entitled to recover
from the sitting member (if any) whose election or return
shall be complained of, such member not having given
notice of his intention not to defend the same, or from
any other person whom the house shall have admitted to
be a party to oppose such petition, the costs, &c. which such
petitioners shall have incurred in prosecuting their peti-
tion. And by s. 22, in the cases before mentioned, the
costs, &c. of prosecuting or opposing any such petition
shall be ascertained in the following manner, viz. on appli- costs.

Mode of taxing cation made to the speaker for ascertaining such costs and expenses, he shall direct the same to be taxed by two persons, of whom the clerk or clerk assistant of the house shall be one, and one of the following officers, not being a member of the house shall be the other, viz. masters in Ch. clerks in K. B. or Exc. and prothonotaries in C. B. and the persons so authorized to tax such costs, &c. shall examine the same, and report the amount thereof to the speaker, who shall on application made to him, deliver to the party a certificate signed by himself, expressing the amount of the costs, &c, allowed in such report; and the persons appointed to tax such costs, shall receive such fees as shall be fixed by any resolution of the house: And by s. 23, the party entitled to such costs, &c. or his executors or administrators, may demand the whole amount so certified, from any one of the persons who are liable to the Mode of reco

vering costs. payment thereof, and in case of non-payment recover the same by action of debt, in any court of record at Westminster, in which action it shall be sufficient for the plaintiff to declare, that the defendant is indebted to him in the sum, to which the costs, &c. so ascertained shall amount by rirtue of this act, and the certificate of the speaker under his signature of the amount of such costs, &c. together with an examined copy of the entries in the journals of the house, of the resolutions of the committee,


8. 23.

shall be sufficient evidence in support of such action; and in such action no wager of law, or more than one imparlance shall be allowed; and the party in whose favourjudgment shall be given shall recover costs. And by s. 24, when the amount of such costs, &c. shall have been recovered from any person, it shall be lawful for such person to recover in like manner from such other person as shall be liable to pay the said costs, &c. a proportionable share

thereof. In cases where This statute further enacts, (s. 25.) that whenever any questions of right arise.

such committee shall be of opinion that the merits of 28Geo. 3. c. 52. such petition do wholly or in part depend on any ques$. 25. Eng.

tion which shall be before them respecting the right of election for the county, city, and borough, district of burghs, or place to which sucb petition shall relate, or in respect of the right of appointing the returning officer, the said committee shall require the counsel or agents for the parties, or if there be none such before them,

then the parties themselves, to deliver to the clerk of the Statement to be committee, statements in writing of the right of election, made to clerk of. committee of

or right of appointing returning officers, for which they questions to be contend, and the committee shall come to distinct resodetermined.

lutions on such statements, and shall at the time they report their final determination on the merits of such petition, also report to the house such statement, together with their judgment in respect thereto, and such report shall be entered in the journals of the house, and notite

thereof shall be sent by the speaker to the sheriff or reReport entered turning officer, and a true copy of such notice shall by on journals

, and such sheriff, &c. be affixed to the doors of the countynotice the eof given. hall, or town-hall, or of the parish church nearest to the

place where such election has usually been held, and such notice shall also be inserted by order of the speaker

in the next London Gazette. But by s. 26. it shall Apeal from

be lawful for any person within 12 calendar months after

the day on which such report shall liave been made to touching the right of elec. the house, or within 14 days after the commencement of

the next session, to petition the house to be admitted as a party to oppose that right of election, or of appointing the returning officer, which shall have been deemed valid

s. 26.

such decision

tion, c.

s. 27.

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$. 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

Petition against hour shall be appointed by the house for taking the same decision of cominto consideration, so that 40 days shall always intervene considerada 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-ball, 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 ad

Parties admitted mitted as a party to defend such right of election, or of to oppose such

petitions, 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 petisequent 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. 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.

By the 28. Geo. 3. c. 52, s. 30. Eng. at the hour apa }low such peida pointed for taking any such petition into consideration, mined. the house shall proceed to appoint a select committee to 28Geo. 3. c. 52.

s. 30. Eng. try the merits thereof according to the directions of the acts, and such committee shall be sworn to try and determine the merits of such petition, so far as the same relate to any question, respecting the right of election, or re



any, such

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S. 32.

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 saine shall relate. And by s. 32. the regulations and powers prescribed or

given by the former acts or this act, to select committees Distinction in respect to such for the trial of controverted elections or returns, shall be petitions.

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. Prorogation of

This act provides (s. 33.) that whenever parliament shall parliament

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 re$. 33. Eng.

ported 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 The 42 Gea. 3. c. 106. s. 1. U. K. has enacted, upon to petitions not altered by the the union with Ireland, that the rules, regulations, au426e0.3.c.106, thorities, 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


S. 1. U.K.

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titions of persons desiring to oppose any right of election, or any riglit 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 liouse, unless the same shall state all the

Petitions from matters and things concerning which the petitioners pre- Ireland, Ichat 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 in

terchanged. 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 deli- C- 14. s. 4. I. rering lists of voters, shall in such lists specify against No other objec. 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

s. 3.

other * Vide 47 Geo, 3. st. 1. c 14. s. 8. I. ante page 105.

lions entered into

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