42 Geo. 3. c. all and every the several matters and things, of 106. U. K. and concerning which the petitioner or petitioners presenting the same is or are desirous of complaining, and to which he or they purpose or intend to call and examine witnesses; and that no witness or witnesses shall be called or examined by or on the behalf of such petitioner or petitioners, either by or before the select committee of the house of commons to be chosen for the trial and determination of the merits of such petition, or by or before the commissioners to be chosen and appointed in manner herein mentioned, to any matter or thing not contained or set forth in such petition, or in the lists and statements herein mentioned. committee on trial of such petition, immediately after choosing the chairman, to exchange lists of votes to which each of them object, (see 47 Geo. 3. c. 14. § 4.) § 3. And be it further enacted, that all the Parties before parties appearing before any select committee to be chosen for the trial and determination of the merits of any such petition, shall immediately after a chairman shall have been chosen by the said committee, and before any other business shall be proceeded upon by the said parties, or either of them, before the said committee interchange with and among each other, lists of all such votes, and of the names of all such voters, to which either of the said parties and also state- purpose and intend to object; and that the said ments of par- parties shall also interchange with and among specting right each other, statements in writing of all partiof voting, &c. culars respecting any right of voting, or of which each choosing or nominating a returning officer, and insist on or ob- respecting all such other matters and things whatever, as either of the said parties mean to insist upon, or to contend for, or to object to; and that no witness or witnesses shall be called or examined by or on behalf of either of the said parties, before the said select committee, ticulars re and all matters party means to ject to. 106. U. K. or before the said commissioners, or either of 42 Geo. 3. c. them, to any matter or thing not specified and contained in the said lists or statements respectively, or in the petition complaining of the election or return in question, as herein mentioned and provided. $4. " "And, for avoiding the inconveniences To avoid the "and expence which may in certain cases arise, by expence of reason of witnesses being brought from Ireland being brought "to be personally examined before committees from Ireland. "of the house of commons;" be it enacted, that whenever a select committee of the house of commons shall at any time hereafter be appointed for the trial and determination of any petition complaining of an undue election or return of members to serve in parliament for any county, city, borough, town, or place, in that part of the united kingdom called Ireland, or complaining of the omission or insufficiency of any such return, or from any person or persons desiring to oppose any right of election, or any right of choosing a returning officer or returning officers, in or for such county, city, borough, town, or place, upon its appearing to the said committee, from the nature of the case, and the number of witnesses to be examined relative to any particular allegation or allegations in the said petition, that the same cannot be effectually enquired into before such committee, without great expence and inconvenience to the parties, or either of them, it shall and may be lawful to and for the said select committee, upon application of any of the parties on applicabefore the said select committee, at any period tion of any of during the course of their proceedings upon commissioners such petition, to make an order for the nomina- may be ap the parties, pointed by committee. 42 Geo. 3. c. tion and appointment of commissioners, in manner herein directed. 106. U. K. No such commission to issue without notice to all parties. Where committee think committee may proceed as in other § 5. Provided always, and be it further enacted, that no commission as aforesaid shall issue under this act, except the party or parties intending to apply for the same shall serve a notice on the opposite party or parties as soon as the petition in question shall be presented to the house of commons, of his intention to apply to the select committee for such commission as aforesaid. § 6. Provided always, and be it further enno commission- acted, that if the said committee shall not think ers necessary, it necessary to make such order, or to appoint such commissioners as aforesaid, then and in such case the said committee shall proceed to try the merits of the said petition, in the same manner as the merits on petitions respecting controverted elections are tried for that part of the united kingdom called Great Britain. cases. When committee make an order for of commissioners. § 7. And be it further enacted, that whenever the said committee shall think fit to make an appointment order for the appointment of commissioners as aforesaid, such commissioners shall be appointed in manner herein mentioned; that is to say, on the next sitting day after the said order shall have been made by the said committee, at the time previously appointed by the said committee, in the presence of the said committee, and also in the presence of the said petitioners, their counsel or agents, and of the sitting members, their 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 106. U. K. after such or risters of six years standing at the bar viously con- sented, and not ing officer or elected or returned may be affected by the de- 42 Geo. 3. c. termination of the said select committee, or their several and respective counsel or agents, (or in the presence of such of the said parties, on the next their counsel or agents, as shall then and there sitting day attend) the names of three barristers, each being der, the names of six years standing at the bar at the least, and of three bareach 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 for the county, city, borough, town, or place, respecting which the election or return complained of, or other subject matter of the petition in question, arose or happened, and not being, nor having been at the time of the election in question, sheriff of the county, or returning officer of the city, borough, town, or place, in or for which the said election, return, or other matter of the petition in question, arose or happened, nor having been counsel at such election) shall be delivered to the chairman of to be delivered the said committee, by or on behalf of each to the chair and every the said distinct parties, or by or on committee on behalf of such of them as shall then and there behalf of each 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 said petitioners, shall, in the presence of the said committee, proceed alternately to strike off the name of one of the said barristers contained in the said list, until the which list is number shall be reduced to two; which said to be reduced two barristers, together with the chairman, who with the chairshall also be a barrister of like standing, and man as here. who shall be named and appointed in manner are to be the herein mentioned, shall be commissioners for commissioners. man of the party, and a list of the whole made; to two; who, after named, 42 Geo. 3. c. 106. U. K. (See post, $ 14.) Chairman of said commis sion to be such the parties may agree upon. the purpose of examining all such matters and things as shall be referred to them by the said select committee in manner aforesaid, and as shall be specially assigned and limited in the order of the said committee, for that purpose made as aforesaid. § 8. And be it further enacted, that immediately after the appointment of the said two barrister as all commissioners in manner aforesaid, and before the said committee shall adjourn, a third commissioner, for the purposes aforesaid, and who shall be the chairman of the said commission, shall be appointed in manner following (that is to say), if all the parties interested shall agree among themselves in nominating and appointing any one such barrister, who shall have consented to such appointment under his hand and seal, then such barrister so nominated and consenting, shall be and he is hereby appointed to be a third commissioner and chairman of the said If the parties commissioners; but in case the several parties the committee shall not agree amongst themselves in the appointment of such chairman as aforesaid, then it shall be lawful for the said select committee to nominate any barrister of like standing in manner herein mentioned. do not agree, to nominate a chairman: To enable the committee to do so, the clerk of the crown in Ire land, or his deto send puty, to send to the speaker § 9. "And, in order to enable the said select committee to appoint such chairman as afore"said," be it enacted, that the clerk of the crown in Ireland, or his deputy, shall, at the commencement of every session of parliament, send over to the speaker of the house of commons of commons, a of the united parliament, a list of all such barristers, of not less than six years standing, who years standing shall have consented under their hands and seals act as com- to act either as commissioners or as chairman to of the house list of barris ters of six who consent to missioners. |