the examiner of recognizances in his office; and the said book, and also Parliament. the recognizance and affidavits and bank receipt for any money paid into

the bank of England, if any, shall be open to the inspection of all parties 6 & 7 Vict. c. 108.

concerned."

miner of recognizances, and to be

Sect. 12. “That it shall be lawful for any sitting member petitioned open to inspecgainst, or for any electors petitioning and admitted parties to defend the tion. lection or return, to object to the sureties, or any of them, who shall Sureties may be ave entered into such recognizance, on the ground of insufficiency, or objected to." that a surety is dead, or that he cannot be found or ascertained from the want of a sufficient description in the recognizance, or that a person named in the recognizance has not acknowledged the same; provided that the ground or objection shall be stated in writing under the hand of the objecting party, or his or their agent, and shall be delivered to the raminer of recognizances within ten days, or not later than twelve of the lock at noon of the eleventh day, after the presentation of the petition, f the surety objected to reside in England, or within fourteen days, or hot later than twelve of the clock at noon of the fifteenth day, after the resentation of the petition, if the surety objected to reside in Scotland or reland: Provided also, that if either such eleventh or such fifteenth day hall happen to be a Sunday, Good Friday, or Christmas Day, it shall be sufficient if such notice of objection be delivered to the examiner of recognizances not later than twelve of the clock at noon of the following day."

lished in the office

Sect. 13. "That as soon as any such statement of objection shall be Notice of objecreceived by the examiner of recognizances he shall put up an acknow- tions to be pubedgment thereof in some conspicuous part of his office, and shall appoint of the examiner, 1 day for hearing such objections not less than three and not more than and copies may ive days from the day on which he shall have received such statement; be taken. and the petitioner or petitioners, and his or their agent, shall be allowed to examine and take copies of every such objection."

decide on the objections.

Sect. 14. "That at the time appointed the examiner of recognizances Examiner of reshall inquire into the alleged insufficiency of the surety or sureties ob- cognizances to jected to on the grounds stated in the notice of objection, but not on any other ground; and for the purpose of such inquiry the examiner of recognizances is hereby authorized to examine upon oath any persons who may be tendered by either party for examination by him, and also to receive in evidence any affidavit relating to the matter in dispute before him which shall be sworn before him, or before any master of the high court of Chancery, or justice of the peace, each of whom is hereby authorized to take and certify such affidavit; and the examiner of recognizances shall have power, if he shall think fit, to adjourn the said inquiry from time to time until he shall decide on the validity of such objection, and, if he shall think fit, to award costs to be paid by either party to the other, which costs shall be taxed and recovered as hereinafter provided for the costs and expences of prosecuting or opposing election petitions; and the decision of the examiner of recognizances shall be final and conclusive against all parties."

money may be

Sect. 15. "That if any surety shall die, and his death shall be stated In case of death as a ground of objection before the end of the time allowed for objecting of a surety, the to the sureties, it shall be lawful for the petitioner to pay into the bank of paid into the England, on the account of the examiner of recognizances, the sum for which bank. the deceased surety was bound; and upon the delivery of a bank receipt for such sum to the examiner of recognizances, within three days after the day on which the statement of such objection shall have been delivered to the examiner of recognizances, the sureties shall be deemed unobjectionable if no ground of objection shall be stated to any other of the sureties within the time before mentioned for stating objections to sureties." Sect. 16. "That in case the examiner of recognizances shall have re- Examiner of received any statement of objection to the sureties or any of them to any cognizances to such election petition, and shall have decided that such sureties or any of not sureties are them are objectionable, he shall forthwith report to the speaker that such objectionable.

report whether or

Parliament.

sureties are objectionable; but if he shall have decided that such sureties are unobjectionable, or in case he shall not have received any such state7 & 8 Vict. c. 103. ment of objection, then as soon as the time herein before allowed for stat ing any such objection shall have elapsed after the presentation of the petition (or as soon thereafter as he shall have decided upon the statement of objection) the examiner of recognizances shall report to the speaker that the sureties to such petition are unobjectionable; and he shall make out a list of all election petitions on which he shall have reported to the speaker that the sureties are unobjectionable, in which list the petitions shall be arranged in the order in which they shall be so reported upon and a copy of such list shall be kept in the office of the examiner of recog nizances, and shall be open to the inspection of all parties concerned.”

How petitions may be withdrawn.

Proceedings when

the seat becomes vacant, or the sit

ting member declines to defend his return.

Voters may be

come a party to oppose the petition.

Sect. 17. "That it shall be competent to the petitioner or petitioners a any time after the presentation of the petition to withdraw the same, upon giving notice in writing under his hand or their hands, or under the band of his or their agent, to the speaker, and also to the sitting member or hi agent, and also to any party who may have been admitted to oppose the prayer of such petition, that it is not intended to proceed with the peti tion; and in such case the petitioner or petitioners shall be liable to the pay ment of such costs and expences as may have been incurred by the sitting member, and also by any party who may have been admitted to oppose the prayer of such petition, to be taxed as hereinafter provided."

Sect. 18. "That if at any time before the appointment of a select com mittee to try any such petition as hereinafter provided the speaker of the House of Commons shall be informed, by a certificate in writing sub scribed by two of the members of the said house, of the death of any site ting member whose election or return is complained of in such petition, or of the death of any member returned upon a double return, whose election or return is complained of in such petition, or that a writ of sum mons has been issued under the great seal of Great Britain to summan any such member to parliament as a peer of Great Britain, or if the House of Commons shall have resolved that the seat of any such member is by law become vacant, or if the House of Commons shall be informed, by i declaration in writing subscribed by any such member, and delivered to the speaker within fourteen days after the day on which any such petition shall have been presented, that it is not the intention of such member to defend his election or return, in every such case notice thereof shall mediately be sent by the speaker to the general committee of elections, and to the members of the chairmen's panel hereinafter mentioned, and also to the sheriff or other returning officer for the county, city, borough, district, or burghs, port or place, to which such petition shall relate; and such sheriff or other returning officer shall cause a true copy of such notice to be affixed on or near the door of the county hall or town hall, or of the parish church nearest to the place where such election has usualy been held; and such notice shall also be inserted, by order of the speaker, in one of the next two London Gazettes, and shall be communicated by him to the house."

Sect. 19. "That at any time within fourteen days after the day o which any election petition shall have been presented, or within twentyone days after the day on which any notice shall have been inserted in the Gazette, to the effect that the seat is vacant, or that the member returned will not defend his election or return, or if either of the said periods sta expire during a prorogation of parliament, or during an adjournment of the House of Commons for the Easter or Christmas holidays, then on t before the second day on which the house shall meet after such prorogation or adjournment, it shall be lawful for any person or persons claiming to have had a right to vote at the election to which the petition shall relate to petition the House of Coinmons, praying to be admitted as a party or parties to defend such return, or to oppose the prayer of such electiza petition; and such person or persons shall thereupon be admitted as a party or parties, together with the sitting member, if he be then a party

against such petition, or in the room of such member, if he be not then a Parliament. party against the petition, and shall be considered as such to all intents and purposes whatever; and every such petition shall be referred by the 7 & 8 Vict. c. 103. couse to the general committee of elections hereinafter mentioned."

their intention

Sect. 20. "That whenever the member whose election or return is so Members having omplained of in such petition shall have given notice as aforesaid of his given notice of ntention not to defend the same, he shall not be afterwards allowed to not to defend pear or act as a party against such petition in any proceedings there- shall not be adipon, and he shall also be restrained from sitting in the House of Comsons, or voting on any question, until such petition shall have been deaided upon."

mitted as parties.

the speaker to ap

Sect. 21. "That in the first session of every parliament, on the day after At the beginning he last day allowed by any order or resolution of the House of Commons of every session hen in force for questioning the returns of members to serve in parlia- point a general ient, and in every subsequent session, as soon as conveniently may be committee. fter the commencement of the session, the speaker of the House of Comons shall, by warrant under his hand, appoint six members of the house bo shall be willing to serve, and against whose return no petition shall e then depending, and none of whom shall be a petitioner complaining f any election or return, to be members of a committee, which shall be alled 'The General Committee of Elections; and every such warrant hall be laid on the table of the house, and if not disapproved by the pouse in the course of the three next days on which the house shall meet or the despatch of business, shall take effect as an appointment of such jeneral committee."

appointment, a

Sect. 22. "That in case the house shall disapprove any such warrant If the house dishe speaker shall, on or before the third day on which the house shall approve the first seet after such disapproval, lay upon the table of the house a new war- new appointment ant for the appointment of six members, qualified as aforesaid, and so to be made. rom time to time until six members shall have been appointed by a warrant which shall not be disapproved by the house as aforesaid."

Sect. 23. " That the disapproval of the warrant may be either general Disapproval may in respect of the constitution of the whole committee, or special in respect be general or spef any member or members named in the warrant."

cial.

Sect. 24. "That the speaker may, if he shall think fit, but shall not be Members not disound to name in the second or any subsequent warrant all or any of the approved by the nembers named in any former warrant, whose appointment shall not have again named in een specially disapproved by the house as aforesaid."

house may be

the warrant.

shall be.

Sect. 25. That after the appointment of the general committee every For what time the nember appointed shall continue to be a member of the committee until appointment he end of that session of parliament, or until he shall cease to be a Dember of the House of Commons, or until he shall resign his appointBent, or until the general committee shall report that he is disabled by ontinued illness from attending the committee, or until the committee shall be dissolved as hereinafter provided."

Cases of vacancy

Sect. 26. "That in every case of vacancy in the general committee of elections, the speaker, on the first day on which the house shall meet to be made known after such vacancy shall be known by him, shall make known the vacancy to the house, and to the house, and thereupon all proceedings of the general committee pended. shall be suspended until the vacancy shall be supplied as hereinafter provided."

proceedings sus

dissolved.

Sect. 27. "That in case the general committee of elections shall at any Cases in which time report to the House of Commons that, by reason of the continued the general comabsence of more than two of its members, or by reason of irreconcilable mittee shall be disagreement of opinion, the said committee is unable to proceed in the discharge of its duties, or in case the House of Commons shall resolve that the general committee of elections be dissolved, the general committee shall be thereby forthwith dissolved."

Sect. 28. "That every appointment to supply a vacancy in the general How vacancies committee, and every re-appointment of the general committee after the shall be supplied, dissolution thereof, shall be made by the speaker, by warrant under his and re-appoint

ments made.

Parliament.

7 & 8 Vict. c. 103.

Speaker to fix the

time and place of first meeting of committee.

General commit

tee to be sworn.

Members neces

committee to act.

hand, and laid upon the table of the house, on or before the third day on which the house shall meet after the dissolution of the committee, or notification of the vacancy (as the case may be); and the warrant shall be subject to the disapproval of the house, in the like manner as is herein before provided in the case of the first warrant for the appointment of the general committee; and upon any re-appointment of the general committee, the speaker may re-appoint as many members of the former committee as he shall think fit, who shall then be willing and not disqualified to serve on it, but shall not be bound to re-appoint any of them."

Sect. 29. "That the speaker shall appoint the time and place of the first meeting of the general committee of elections, and the committe shall meet at the time and place so appointed; but no member appointed or re-appointed to be of the general committee of elections shall act upon such committee until he shall have been sworn at the table of the house, by the clerk, truly and faithfully to perform the duties belonging to member of the said committee, without fear or favour, to the best of his judgment and ability."

Sect. 30. "That no business shall be transacted by or before the sary to enable the general committee of elections unless at the least four members of the general committee shall be then present together; and no appointment of a select committee by the general committee, to be made as hereinafter provided, shall be of force unless at the least four members then present of the said general committee shall agree in the appointment.”

Committee to re

Sect. 31. "That, subject to the provisions of this act, the said committe gulate their own shall make regulations for the order and manner of conducting busines to be transacted by and before them."

proceedings.

Clerk to keep mi

ings to be laid before the house.

Sect. 32. "That the general committee shall be attended by one of the nutes of proceed- committee clerks of the house, who shall be selected by the clerk of th House of Commons for the time being, and shall make a minute of s the proceedings of the committee, in such form and manner as sha be from time to time directed by the committee; and a copy of th minutes so kept shall be laid from time to time before the House Commons."

During any suspension, the

be

Sect. 33. "That if, at the time of the dissolution or suspension all the proceedings of the general committee of elections, there sha speaker may adjourn any business any business appointed to be transacted by or before such genera before the general committee on any certain day, it shall be lawful for the speaker * adjourn the transaction of such business to such other day as to the speaker shall seem convenient, and so as often as the case may happen.

committee.

Members wholly excused from serving.

Names of mem

be excused to be called over.

Sect. 34. "That every member who shall be more than sixty years of shall be wholly excused from serving on election committees; provided that on or before the reading over of the names of such excused men bers as hereinafter mentioned, or upon his afterwards becoming entitled to make such claim, he shall claim to be excused by declaring in his place, or in writing under his hand, to be delivered to the clerk at the table, that he is more than sixty years old; but no member shall be so excused, who shall not claim to be excused before he shall be chosen to serve as hereit after provided."

Sect. 35. "That in the first session of every parliament on the next bers claiming to meeting of the house after the last day allowed for questioning returns f members to serve in parliament, and in every subsequent session on the next meeting of the house after the speaker shall have laid on the tab of the house his warrant for the appointment of the general committee of elections, the clerk of the House of Commons shall read over the names of all the members who shall so have claimed to be excused."

Members temporarily excused from serving.

Sect. 36. That every member who shall have leave of absence from the house shall be excused from serving on election committees during such leave; and if any member in his place shall offer any other excuse, either at the reading over the said names or at any other time, the sub stance of the allegations shall be taken down by the clerk, in order that

7 & 8 Vict. c. 103.

the same may be afterwards entered on the journals, and the opinion of Parliament. the house shall then be taken thereon; and if the house shall resolve hat the said member ought to be excused, he shall be excused from erving on election committees for such time as to the house shall seem t, but no member shall be so excused who shall not claim to be excused efore he shall be chosen to serve as hereinafter provided; and every ember who shall have served on one select committee for trying an ection petition, and who, within seven days after such committee shall ave made its final report to the house, shall notify to the clerk of the eneral committee his claim to he excused from so serving again, shall e excused during the remainder of the session, unless the house shall t any time resolve, upon the report of the general committee, that the umber of members who have not so served is insufficient; but no ember shall be deemed to have served on an election committee who, 1 account of inability or accident, shall have been excused from attendg the same throughout."

from serving.

Sect. 37. "That every member whose return shall not have been Members tempopught in for a time exceeding that allowed for questioning the returns rarily disqualified members, or who shall be a petitioner complaining of an undue elecin or return, or against whose return a petition shall be then depending, all be disqualified to serve on election committees during the continuace of such ground of disqualification; and every member of any select ommittee appointed to try an election petition shall be disqualified to erve again on an election committee during seven days after the final port of the committee on which he so served."

excused or dis

and distributed with the votes.

Sect. 38. "That the clerk of the House of Commons shall make out an A corrected list, phabetical list of all the members, omitting the names of such mem- distinguishing the us as shall have claimed to be wholly excused from serving on election qualified memmmittees as aforesaid; and the clerk shall also distinguish in such bers, to be printed the name of every member who shall be for a time excused or disalified, and shall also note in the list every cause of such temporary se or disqualification, and the duration thereof; and such list shall printed and distributed with the votes of the house, and the names fall the members so omitted shall be also printed and distributed with

votes."

Sect. 39. "That during three days next after the day of the distribu- List may be furof such corrected list further corrections may be made in such list by ther corrected are of the speaker, if it shall appear that any name has been impro- during three days. ly left in or struck out of such list, or that there is any other error in

ch list."

tion committees.

Sect. 40. "That the list so finally corrected shall be referred to the Selection of memeral committee of elections, and the general committee shall there-bers to serve as on select, in their discretion, six, eight, ten, or twelve members, whom chairmen of eleckey shall think duly qualified, to serve as chairmen of election commites; and the members so selected shall be formed into a separate panel, be called the chairmen's panel, which shall be reported to the house; nd while the name of any member shall be upon the chairmen's panel shall not be liable or qualified to serve on an election committee, herwise than as chairman; and every member who shall have been placed on the chairmen's panel shall be bound to continue upon it until the end of the session, or until he shall sooner cease to be a member of the house, or until, by leave of the house, he shall be discharged from Continuing upon the chairmen's panel: Provided always, that every member of the chairmen's panel, who shall have served on one or more election committees, and who shall notify to the clerk of the general committee of elections his claim to be discharged from continuing upon the chairmen's panel, shall be so discharged accordingly; and every such member shall be excused from serving upon any election committee, either as chairman or otherwise, during the remainder of the session; but no member of the chairmen's panel shall be deemed to have served