Parliament.

7 & 8 Vict. c. 103. List to be divided into five panels.

General commit

panels from time to time.

on an election committee who, on account of inability or accident, shall have been excused from attending the same throughout."

Sect. 41. "That after the chairmen's panel shall have been so as afore said selected the general committee shall divide the members then remaning on such list into five panels, in such manner as to them shall seem most convenient, but so nevertheless that each panel may contain as nearly as may be the same number of members, and shall report to the house the division so made by them; and the clerk shall decide by hot at the table the order of the panels as settled by the general committee, and shall distinguish each of them by a number denoting the order in which they shall have been drawn; and the panels shall then be returned to the general committee of elections, and shall be the panels from which all members shall be chosen to serve on election com mittees."

Sect. 42. "That the general committee of elections shall correct the tee to correct the said panels from time to time by striking out of them the name of every member who shall cease to be a member of the house, or who from time to time shall become entitled and shall claim as aforesaid to be wholly excused from serving on election committees, and by inserting in one of the penals to be chosen by the general committee, at their discretion, the name of every new member of the house who shall not be entitled and claim as aforesaid to be wholly excused, and shall also from time to time distinguish, in the manner aforesaid, in the said panels the names those members who shall be for a time excused or disqualified for any the reasons aforesaid; and the general committee shall, as often as they shall think fit, report to the house the panels as they shall then stan corrected; and as often as the general committee of elections shall repor the said panels to the house they shall be printed and distributed wit the votes of the house."

Members upon

to make regula

Sect. 43. "That when leave of absence for a limited time shall hav been granted by the house to any member, it shall be lawful for th general committee of elections to transfer the name of such memb from the panel in which it shall have been placed to some other part subsequent in rotation, if they shall think fit so to do, having regar to the length of time for which such leave of absence shall have bee granted, and to the number of select committees then about to be ap pointed."

Sect. 44. "That whenever any member of the chairmen's panel sha cease to be a member of the house, or shall be, by leave of the house discharged from continuing upon the chairmen's panel, or shall be s discharged by reason of service, under the provisions hereinbefore com tained, the general committee shall forthwith select another member be placed upon the chairmen's panel in his room; and in case it shall a any time appear to the general committee that the chairmen's panel is to small, it shall be lawful for the general committee to select two, four. six additional members to place upon it, so nevertheless that the chairmen's panel shall not at any time consist of more than eighteen members without the leave of the house first obtained."

the

Sect. 45. "That it shall be lawful for the members who are upon chairmen's panel chairmen's panel from time to time to make such regulations as they may find convenient for securing the appointment or selection of chairmen of election committees, and for distributing the duties of chairman among all of them."

tions.

Election petitions to be referred to the general committee.

Sect. 46. "That all election petitions which shall be received by the house shall be referred by the house to the general committee of election for the purpose of choosing select committees, as hereinafter provided, :> try such petitions; and the speaker shall communicate to the house an the general committee every report by the examiner of recognizances him concerning the sureties to any election petition; and in every case which any election petition shall be withdrawn, or the examiner of recos

nizances shall have reported to the speaker that the sureties are objection- Parliament. able, the order for referring such petition to the general committee of elections shall be discharged, and no further proceeding shall be had 7 & 8 Vict. c. 103. upon such petition; and the general committee shall make out a list of List of petitions all election petitions in which the examiner of recognizances shall have to be made. reported to the speaker that the sureties are unobjectionable, and in which the proceedings are not suspended, in which list the petitions shall be rranged in the order in which they shall have been so reported upon; nd in every case in which the proceedings in any petition inserted in such list shall be afterwards suspended the petition shall be struck out of the list, and shall be again inserted at the bottom of the list at the end of sach suspension of proceedings."

committee, pro

Sect. 47. "That when notice of the death or vacancy of the seat of any Where notice of nember petitioned against, or that it is not the intention of such member vacancy, or that ⚫ defend his election or return, shall be given to the general committee ber declines to dethe sitting memf elections by the speaker as herein before provided, the general com- fend, is received ittee shall suspend their proceedings in the matter of the petition re- by the general erred to in such notice until twenty-one days after the day on which ceedings to be otice of such death or vacancy, or intention not to defend, shall have suspended. een inserted in the Gazette under the provision hereinbefore contained, mless the petition of some person or persons claiming to be admitted as party or parties in the room of such member shall be sooner referred to them."

Sect. 48. "That when more than one election petition relating to the Provision for ame election or return shall be referred to the general committee of elec- cases where more than one petition. ions, they shall suspend their proceedings in the matter of all such petijons until the report of the examiner of recognizances upon each of such etitions, or such of them as shall not have been withdrawn, shall be eceived by them; and upon receipt of the last of such reports they shall place such petitions at the bottom of the then list of election petitions, bracketed together, and such petitions shall afterwards be dealt with as one petition."

tions according to

Sect. 49. "That the general committee of elections shall choose the Committees to be ommittees to try the election petitions standing in the said list of peti- chosen for petifons in the order in which such petitions stand in the said list, and they their order in the hail from time to time determine how many committees shall be chosen list. each week for trying such petitions, and the day or days on which they meet for choosing such committees, having regard to the number of elect committees which may then be sitting for the trial of election petions, and to the whole number of such committees then to be appointed; nd they shall report to the house from time to time the days appointed y them for choosing such committees."

mittee will be

Sect. 50. "That notice of the time and place at which the committee Notice to be given will be chosen to try any election petition shall be published with the when any comfotes, not less than fourteen days before the day on which such com- chosen. mittee shall be appointed to be chosen; and in case the conduct of the returning officer is complained of, such notice shall be sent to him through the post, not less than fourteen days before the day on which such committee shall be appointed to be chosen; and every such notice shall direct all parties interested to attend the general committee of elections, by themselves, their counsel or agents, at the time and place appointed for choosing the select committee; and if (after any such notice shall have Notice of suspenbeen published with the votes, or sent to the returning officer as afore- sion to be given. sid,) the proceedings in the matter of such petition shall become sus

pended, notice of such suspension shall be immediately published with

the votes; and in case the conduct of the returning officer is complained

of such notice shall be sent to him through the post."

Sect. 51. "That in case notice of the death or vacancy of the seat of Provision for case any member petitioned against, or that it is not the intention of such where the sitting member to defend his election or return, shall have been inserted in the member does not Gazette, by order of the speaker as hereinbefore provided, and no party

VOL. VI.

2 Q

Parliament.

7 & 8 Vict. c. 103.

defend, and no party has been

admitted to de

fend, &c.

General commit

tee empowered

for choosing select committee.

shall have been admitted to defend such election or return, then, if the conduct of the returning officer is not complained of in such petition, it shall not be necessary to insert such petition at the bottom of the then list of petitions, but the general committee of elections shall meet for choosing the select committee to try such petition as soon as convenienti may be after the expiration of the time allowed for parties to come in to defend such election or return, as herein before provided; and not less than one day's notice of the time and place appointed for choosing such committee shall be given in the votes."

Sect. 52. "That it shall be lawful for the general committee of election to change the day to change the day and hour appointed by them for choosing a select committee to try any election petition, and to appoint some subseque day and hour for the same, if it shall in their judgment be expedient s to do, giving notice in the votes of the day and hour so subsequent appointed; and in every case in which any such change shall be made them they shall forthwith report the same to the house, with their reason: for making such change."

Notice of peti

Sect. 53. "That notice shall be published with the votes of the petitions tions and panels. appointed for each week, and of the panel from which committees will he chosen to try such petitions."

Lists of voters in

tended to be ob

jected to shall be delivered to the

clerk of the gene

ral committee.

Select committee to be chosen.

In case of disa

neral committee

to adjourn.

Sect. 54. "That in all cases of controverted elections or returns of members to serve in parliament all the parties complaining of or defenditz such elections or returns shall, by themselves or their agents, deliver to the clerk of the general committee lists of the voters intended to b objected to, giving in the said lists the several heads of objections, an distinguishing the same against the names of the voters excepted to, later than six of the clock in the afternoon on the sixth day next befor the day appointed for choosing the committee to try the petition com plaining of such election or return; and the said clerk shall keep th lists so delivered to him in his office, open to the inspection of all partie

concerned."

Sect. 55. "That the general committee shall meet at the tim appointed for choosing the committee to try any election petition, an shall choose from the panel then standing next in order of servics exclusive of the chairmen's panel, four members, not being then excuse or disqualified for any of the causes aforesaid, and who shall not b specially disqualified for being appointed on the committee to try suel petition for any of the following causes; (that is to say,) by reason having voted at the election, or by reason of being the party on whos behalf the seat is claimed, or related to the sitting member or party of whose behalf the seat is claimed by kindred or affinity in the first or secon degree according to the canon law; and each panel shall serve for i week, beginning with the panel first drawn and continuing by rotation in the order in which they were drawn and not reckoning those weeks in which no select committee shall be appointed to be chosen."

Sect. 56. "That in case at the least four members then present of greement, the ge- general committee of elections shall not agree in choosing a commit to try any petition appointed for that day, the general committee shall adjourn the choosing of that committee and of the remaining committe appointed to be chosen on that day to the following day, and the paru shall be directed to attend on the following day, or if such following shall happen during an adjournment of the house then on the day which the house shall stand adjourned, and so from day to day unti such committees shall be chosen, or until the general committee elections shall be dissolved, as hereinbefore provided; and the general committee shall not in any case proceed to choose a committee to try election petition until they shall have chosen a committee to try every other election petition standing higher in the list aforesaid, the order for referring which shall not be then discharged, except in the case where the day originally appointed for choosing a committee shall have beer changed under the provision herein before contained."

chosen by the

communicated to

Sect. 57. "That on the day appointed by the general committee to Parliament. choose a committee to try an election petition the members who are upon the chairmen's panel shall select one of such members to act as the 7 & 8 Vict. c. 103. chairman of such election committee, and when they shall have been Chairman to be informed by the general committee that four members of such election members on the committee have been chosen, they shall communicate the name of the chairmen's panel, nember so selected by them to the general committee, but no member and his name shall be so selected who would be disqualified from serving on such the general comcommittee if not upon the chairmen's panel: Provided always, that if, mittee. with reference to any petition for trying which they are about to appoint a chairman, the members of the chairmen's panel shall receive notice from the speaker, under the provision hereinbefore contained, of the death or vacancy of the seat of the sitting member petitioned against in uch petition, or that it is not his intention to defend his seat, the members f the chairmen's panel shall suspend their proceedings with regard to he appointment of a chairman to try such petition until the day appointed y the general committee of elections for selecting a committee to try uch petition."

ties to be called

Sect. 58. "That as soon as the general committee of elections shall When committee ave chosen four members of a committee to try any such petition, and chosen the parhall have received from the members of the chairmen's panel the name in. fa chairman to serve on such committee, the parties in attendance shall be called in, and the names of the members so chosen and of the chairman shall be read over to them."

order with all the

Sect. 59. "That after hearing the said names the parties present shall General commite directed to withdraw, and the general committee may proceed to choose tee to proceed in Bother committee to try the next petition appointed for that day, and so petitions appointuntil all the committees appointed to be chosen on that day shall be ed for that day. hosen, or until the choosing of any committee shall be adjourned as foresaid; and after any such adjournment the general committee shall fot transact any more business on that day, except with regard to those petitions for trying which committees shall have been previously chosen."

members.

Sect. 60. "That within one half hour at furthest from the time when Parties may obbe parties to any election petition shall have withdrawn, or if the parties ject to disqualified any other election petition shall then be before the general committee elections, then after such other parties shall have withdrawn, the parties a attendance shall be again called before the general committee, in the ame order in which they were directed to withdraw; and the petitioners nd sitting member or members, or such party as may have been admitted saforesaid to defend the return or right of election, their counsel or gents, beginning on the part of the petitioners, may object to all or any the members chosen, or to such chairman, as being then disqualified ir excused, for any of the reasons aforesaid, from serving on the committee for the trial of that election petition, but not for any other

reason."

Sect. 61. "That if at the least four members then present of the gene- If general comral committee shall be satisfied that any member so objected to is then mittee allow the disqualification a disqualified or excused for any of the reasons aforesaid, the parties present new committee shall be again directed to withdraw, and the general committee shall pro- to be chosen. teed to choose another committee from the same panel to try that petition, or if the member to whom any such objection shall be substantiated be the chairman, they shall send back his name to the members on the chairmen's panel, and the members on the chairmen's panel shall proteed to choose another chairman to try that petition, and shall communieate his name to the general committee, and so as often as the case may happen."

not before object

Sect. 62. "That in the second or any following committee the general In the new comcommittee may, if they shall think fit, include all or any of the members mittee members previously chosen by them to whom no objection shall have been sub-ed to may be instantiated; and no party shall be allowed to object to any member who cluded. may be included in the second or any following committee who was not

Parliament. objected to when included in the committee first chosen to try that petition."

7 & 8 Vict. c. 103.

to every member chosen.

Sect. 63. "That when four members and a chairman shall have been Notice to be sent chosen, to none of whom any objection shall have been substantiated, the clerk of the general committee of elections shall give notice thereof in writing to each of the members so chosen by the general committee; and with every such notice shall be sent a notice of the general and special grounds of disqualification and excuse from serving which are hereinbefore mentioned, and of the time and place when and where the general committee will meet on the following day; and notice of the time and place of such meeting shall be published with the votes."

If any member

chosen proves a disqualification another commit tee to be chosen.

Select committee

the house.

Sect. 64. "That the general committee shall meet on the following day at the time and place mentioned in such notice as last aforesaid; and if any such member shall then and there prove, to the satisfaction of at least four members then present of the general committee, that for any of the reasons aforesaid he is disqualified or excused from serving on the committee for which he shall have been so chosen, or if any such member shall prove to the satisfaction of at least four members then present of the general committee, that there are any circumstances in his case which render him ineligible to serve on such select committee, such circumstances having regard not to his own convenience but solely to the impartial character of the tribunal, the general committee shall proceed to choose a new committee to try that petition, in like manner as if that member had been objected to by any party to the petition; and if within the space of one quarter of an hour after the time mentioned in the notice no member shall so appear, or if any member so appearing shal not prove his disqualification or excuse, to the satisfaction of at least four members then present of the general committee, the select committee shall be taken to be appointed."

Sect. 65. "That at the meeting of the House of Commons for the des to be reported to patch of business next after any such select committee shall be appointed the members chosen, including the chairman, shall attend in their places and the general committee of elections shall report to the house the names of the select committee appointed, and shall annex to such report all petitions referred to them by the house which shall relate to the return or election of which such select committee is appointed te try the merits, and all lists of voters which shall have been delivered to them by either party; and the members chosen to be of the said select committee shall not depart the house till the time for the meeting of such select committee shall be fixed."

Members of select

sworn.

Sect. 66. "That the five members appointed as herein before is mencommittee to be tioned shall, before departing the house, be sworn at the table, by the clerk, well and truly to try the matter of the petitions referred to them, and a true judgment to give according to the evidence, and shall be taken to be a select committee legally appointed to try and determine the merits of the return or election so referred by the house to them; and the mem ber so appointed from the chairmen's panel shall be the chairman of such

Members of said committee not present within

meeting of the

into custody by

committee."

Sect. 67. "That if any member of the said select committee shall net attend in his place within one hour after the meeting of the house on the one hour after the day appointed for swearing the said committee, or if after attending any member shall depart the house before the said committee shall be sworn, house to be taken unless the committee shall be discharged, or the swearing of the sad committee shall be adjourned as hereinafter provided, he shall be ordered to be taken into the custody of the serjeant at arms attending the house for such neglect of his duty, and shall be otherwise punished or censured, at the discretion of the house, unless it shall appear to the house by facts specially stated, and verified upon oath, that such member was by a sud den accident or by necessity prevented from attending the house."

the serjeant at

arms.

If any such mem

Sect. 68. "That if any such absent member shall not be brought into ber is not present the house within three hours after the meeting of the house on the day