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Choice of nomi

several petitions.

same process is observed with respect to nominees as in other cases.1 Whilst these lists are forming, the door of the house cannot be opened unless to allow the parties, as their lists are completed, to withdraw; and the clerk appointed to attend the committee may return the reduced list in the time intervening between any two ballots, whereupon the members composing it, together with the nominees, are sworn, and may depart forthwith.2 The lists being formed as far as the numbers present will admit, the remaining petitions, if any, are adjourned as in other cases, and the House may proceed with any other business.3

In cases where more than two parties petition on disnees in case of tinct grounds or interests, the thirteen members cannot choose their nominees, until all the other select committees to be ballotted for on that day have been sworn; though if two or more committees are appointed on the same day to decide on any such petitions, the committee first ballotted for has the preference in choosing members to serve as nominees.1

Or where they are chosen by the thirteen members.

Oaths by whom administered.

Meeting of the
Committee.
Election of a
Chairman.

Sitting days.

Adjournment.

Nor in any case, where the list of thirteen are entitled to choose one or two members to be added to their number, can the choice be made, until all the other select committees to be ballotted for on that day, in the appointing of which the parties before the House name two members as already mentioned, have been sworn; if any such can be completed. And where two or more committees are ballotted for on the same day, the choice is made by each successively in the order of the ballot,"

The oaths taken in the House are administered by the clerk or clerk-assistant, in the same manner as the oaths of allegiance and supremacy."

The committee, on their meeting, elect a chairman from amongst the members chosen by lot; and in case of an equality of voices, the member, whose name was first drawn in the House, has a casting vote. And the same course is pursued, on electing a new chairman when necessary.8 With the exception of Sundays, Christmas day,' and Good Friday, 10 the committee sit every day; and cannot adjourn for more than twenty-four hours, (ex

1 42 G. 3. c. 84. s. 4.
2 42 G. 3. c. 84. s. 1. 6.
3 42 G. 3. c. 84. s. 5.

42 G. 3. c. 84, s. 7.

6 10 G. 3. c. 16. s. 29.
7 10 G. 3. c. 16. s. 17.
8 Ibid.

9 10 G. 3. c. 16. s

clusive of excepted days') without leave of the House, upon special cause assigned. In case the House is sitting at the time to which the committee is adjourned, the business must be stayed, and the House moved for a further adjournment to any time which they may fix, not exceeding twenty-four hours.

They may, if they please, deliberate in private; their resolutions are governed by a majority, with a casting vote to the chairman in case of equality; but no member can vote who has not attended during every sitting.3 And in case they have occasion to apply or report to the House, in relation to adjournment, the absence of members, or misbehaviour of witnesses, and the House is then adjourned for more than three days, the committee may also adjourn to the adjournment day of the House."

No member of the committee can absent himself with- Absentees. out leave from, or an excuse allowed by the House at the next sitting, on special cause shown and sworn to ;7 upon pain of being reported by the chairman (as he is required to do) to the House'at the next sitting, taken into custody, and otherwise punished at their discretion, until it shall appear by statement upon oath, that the absence was from a sudden accident or necessity. Nor (with the exceptions presently mentioned) can the committee sit until all the members (excepting two absentees) are met;9 which must be within an hour after the time appointed, or a further adjournment is made and reported to the House.10 If, (with the same exceptions) by death or otherwise, the numbers are reduced to less than thirteen, and so continue for three sitting days, the committee shall be dissolved, its whole proceedings avoided, and another chosen. The exceptions are, that if the committee have sat for business fourteen days, exclusive of adjournmentdays from the absence of members, and excepted days; and in like manner, if they have sat for twenty-five days; twelve in the former case and eleven in the latter, are a committee as well for business as to prevent a dissolution.12

The committee are attended by a short-hand writer, Short-hand appointed by the clerk of the House, and sworn by the writer.

1 10 G..3. c. 16. s. 20.

2 10 G. 3. c. 16. s. 19. 3 Ibid.

10 G.3. c. 16. s. 27. $ 10 G. 3. c. 16. s. 28. 6 11 G. 3. c. 42. s. 5.

7 10 G. 3. c. 16. s. 2.
8 10 G. 3. c. 16. s. 22.

9 10 G. 3. c. 16. s. 23.

10 10 G. 3. c. 16. s. 21.
11 10 G. 3. c. 16. s. 24.
12 28 G. 3. c. 52. s. 17.

Power of the Committee to summon wit- "

for papers.

chairman faithfully and truly to take down in short hand the evidence adduced, and from day to day as occasion may require to transcribe the same in words at length for their use. They may send for persons, papers and records; must examine upon oath, administered by the nesses and send attendant clerk; and may examine those who have signed the petition, the same as other witnesses. In case of disobedience to their summons, prevarication, or other misbehaviour in giving or refusing evidence, the chairman may either report the offender to the House, or (unless a peer or lord of parliament) by his warrant commit him. to the serjeant at arms for not exceeding twenty-four hours, if the House is then sitting, or if not, then for not exceeding twenty-four hours after the hour to which the House is adjourned.

Province of the
Committee.

Their report; which is final.

Report as to pe

frivolous.

The province of the committee is to try the merits of the return, or election, or both, to determine (by a majority) whether the petitioners or the sitting members, or either of them, are duly returned or elected, or whether the election be void. This determination is final; and the House, on the chairman reporting it, order the same to be entered on the journals, and give the necessary. directions for confirming or altering the returns, issuing a new writ, or executing the determination. And if the determination is other than the resolution just mentioned, the committee may report the same to the House for their opinion, on the occasion of the chairman's reporting the determination; whereupon the House may confirm or disagree with such resolution, and make such orders as they choose.8

Together with their final determination, the committee. tition, &c. being report to the House as well whether the petition itself as the opposition thereto is frivolous or vexatious; and where no opponent appeared, whether the election or return, or the alleged omission or insufficiency of a return, is vexatious or corrupt. And reporting in the affirmative, the opponent1o in the former case, and the petitioners11 in the other two, are entitled to costs, to be taxed12 and recovered13 in a mode prescribed.

1 42 G. 3. c. 84. s. 8.
2 10 G. 3. c. 16. s. 18.

3 10 G. 3. c. 16. s. 29.

* 53 G. 3. c. 71. s. 19.

5 10 G. 3. c. 16. s. 26.

6 28 G. 3. c. 52. s. 16.

[blocks in formation]

11 28 G. 3. c. 52. s. 20, 21.

12 28 G. 3. c. 52. s. 22.; 53 G. 3. c. 71. s. 10, 11.

or appointment

Where in the judgment of the committee, the merits of Report as to the the petition depend upon a question raised respecting the right of election right of election, or appointment of the returning officer; of returning of the parties must deliver to the clerk of the committee, ficer. written statements of the right for which they contend. Upon these statements the committee come to distinct resolutions; and report them, with their resolutions, to the House. This report is then entered on the journals; notice thereof is inserted in the next (or next but one) London Gazette, and sent by the Speaker to the returning officer; who fixes a copy upon the county or town hall, or parish church, nearest the place where the election has been usually held.'

Within six months after the day of report made, (or in Petition against case of their expiration between the dissolution of a pre- this right. sent and meeting of a new parliament, or of their expiration during any recess, then within fourteen days after the first day of the next parliament, or of the next session of the same parliament, or of the next meeting of the House) any one may petition the House to be admitted as an opponent of the right reported valid.2 And in case of no such petition, the report is conclusive in all subsequent elections. If, however, a petition is presented, it is ordered to lie on the table till the six months or fourteen days are expired; and within twentyone sitting days after their expiration, a day and hour is named for considering the same, so as to allow an interval of fourteen days to come, which however the House may change from time to time; of which appointed time or its alteration, notice is given in the next (or next but one) London Gazette, and sent by the Speaker to the returning officer; by whom a copy is fixed as in the instance just mentioned. In case of renewing the petition in a subsequent session, (and if not renewed until taken into consideration, the report is conclusive;") it must be presented within fourteen days after its commencement, whereupon a day and hour, not less than fourteen days to come, is named for considering it."

Previous to the day of considering the petition, any one Petition in supmay petition and be admitted to defend the right.7

1 28 G. 3. c. 52. s. 25.

2 53 G. 3. c. 71. s. 15.

3 28 G. 3. c. 52. s. 27.

428 G. 3. c. 52. s. 28.; 53 G. 3.

e. 71. s. 15.

5 34 G. 3. c. 83. s. 2.

6 34 G. 3. c. 83. s. 1.

7 28 G. 3. c. 52. s, 29.

port of this right.

Appointment of

a Committee to

thereon.

The time being arrived, a committee is appointed in

try this right; the mode already described, and sworn (and from that and proceedings time become a committee') to try and determine the merits of the petition so far as it relates to any question of the right of election or appointment of the returning officer; only no member who has served on the former committee, can serve upon this.3 The regulations prescribed for the former, equally apply to the second committee; only no recognisances are entered into, or liability for costs incurred.*

1 53 G. 3. c. 71. s. 18. 2 28 G. 3. c. 52. s. 30.. 3 53 G. 3. c. 71. s. 18. + 28 G. 3. c. 52. s 32. Special provisions respecting petitions from Ireland, are made by 42 G. 3. c. 106. ; 47 G. 3. st. 1. c. 14.

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