42 Geo. 3. c. 106. U. K. Out of which mittee are to the commissioners for the purposes of this act, in case they or any of them shall be appointed in manner herein mentioned, out of which list the said select committee are hereby directed to list, the comappoint one other commissioner who shall act as appoint a chairman to the said commissioners; provided, chairman of that no barrister, whose name shall have been sion. previously struck off the list by any of the parties before the said select committee, shall be appointed to act as chairman to the said commissioners. If the parties agree upon risters, and three such bar sign the list, 10. Provided always, and be it further enacted, that if all the said parties interested in such petition shall agree in nominating any three such barristers to be commissioners as such three to aforesaid, and shall deliver to the chairman of be commisthe select committee, a list of three such bar- sioners, risters so agreed upon, and consenting to act as aforesaid, such list being signed by all the said parties, such three persons shall be and become commissioners for the purposes aforesaid, as if they had been appointed in manner herein men tioned; and in such case the said commissioners and to appoint shall appoint one of themselves to be their one of themchairman. selves chair man. tics are upon § 11. And be it enacted, that when more than when more two parties appear before the house upon dis- than two partinct and separate interests at the striking of distinct inthe select committee, if it shall appear that the terests, said several parties are actually distinct and separate, and that there is no collusion between them, that then and in such case none of the none of them partics shall be permitted to give in any list of to give lists of barristers to the said select committee for the commissioners, purposes of appointing commissioners as afore- mittce to apsaid, but that the said select committee shall, point them out barristers for but the com of the list to 42 Geo. 3. c. 106. U. K. out of the list of barristers so returned by the clerk of the crown or his deputy, appoint the be returned by three commissioners, and nominate which of the three shall act as chairman. the clerk of the crown, and to nominate the chairman, If petitioner or agent does not appear within an hour after the time fixed for ap § 12. Provided also, and be it further enacted, that if within one hour after the time fixed by the said committee for the appointment of commissioners in pursuance of this act, the petitioner or petitioners shall not appear either by themselves, their counsei or agents, before the said committee, or shall not give in any lists of names in manner aforesaid, then and in pointment of such case the said committee shall not proceed commissioners, committee not to the appointment of such commissioners, so to proceed, so far as respects such petitioner or petitioners so respects making default, but shall forthwith report to the house that such petition in such respect as aforesaid was not proceeded upon before the said committee, and the petitioner or petitioners so neglecting to appear shall be held to have made default in the recognizance or recognizances entered into by him or them on the presenting of such petition. far as petitioner making default, but to report to the house that the petition was so far, &c.. not proceeded in, and petitioner to be held to have made default in his recogni zance. If the sitting member or party oppos ing petition, § 13. And be it further enacted, that if within one hour after the time fixed by the said committee for proceeding to the appointment of commissioners as aforesaid, the sitting member or sitting members, or any other party or parties opposing the petition, shall not appear before the said committee, by himself or themselves, or by his or their counsel or agents, or shall within an hour not give in any list of names in manner aforefixed for ap- said, for the purpose of appointing commispointing com- sioners, and of reducing the list of such names as shall be delivered by or on behalf of any party or parties appearing before the said select shall not by himself or agent appear after the time missioners. committee as aforesaid, the place of a party opposing the petition shall be supplied by the chairman of the committee, who shall accordingly, as often as it shall come to his turn as supplying the place of the party opposing the petition to strike out a name, put all the then remaining names into a glass, and draw one out, which name shall be struck off the said list; and the same method of reducing the said list to the number of two, shall be followed whenever any party shall waive his right of striking off names from the said list. for or touch com to go to the election is of 5001. §14. And be it further enacted, that when and as soon as the said commissioners shall be appointed in manner aforesaid, the chairman of Chairman of the said select committee shall issue a warrant the committee under his hand and seal, directed to each of the rant directed commissioners so appointed, commanding the said commissioners and each of them, under the penalty of five hundred pounds, to repair to the city, borough, town, or place, in or which the election or return complained of, other subject matter of the petition arose or happened, on a day certain to be named in the said warrant, and which day shall not be less than fourteen days, nor more than twenty-one days distant from the day on which the said commissioners were appointed in manner aforesaid; and in case any of the said commissioners shall neglect or refuse to obey the injunction of the said warrant, he or they so neglecting or refusing, shall accordingly forfeit the sum of five hundred pounds, and the said chairman of Chairman of the said committee shall address to the chairman the committee of the said commissioners, a true copy of the copy of the petition which shall have been referred to the of votes, &c. said committee, and of the said lists and dis- &c. to the to address a 42 Geo. 3. c. 106. U. K. chairman of the commissioners; puted votes and statements of the several parties which shall have been delivered before the said committee, together with a true copy of the order made by the said committee, specially assigning and limiting the facts or allegations, matters, and things, respecting which the said commissioners are required and directed to examine evidence, and to report the same, together with all such other documents and papers as the said select committee shall think proper; all which warrants, petitions, orders, and pato be conveyed pers shall be conveyed to the clerk of the crown of the crown in Ireland, or his deputy, and by him or his in Ireland, and deputy transmitted to the several parties, in the method used in conveying writs in that part of the united kingdom called Great Britain; and the said chairman of the said select committee shall also transmit a copy of his warrant, but not of the several other papers, to the printer of the Dublin gazette, to be inserted in the next number of the said gazette which shall be published after the receipt of the copy of the said warrant, by the said printer. to the clerk transmitted by bim. Copy of chair man's warrant in Dublin ga to be inserted zette. Committee,up. of proceedings report their proceedings to the house, and, § 15. And be it further enacted, that, immeon completion diately after the completion of the proceedings aforesaid, to aforesaid, the said chairman of the said select committee shall thereupon report the proceedings of the said committee to the house, and shall ask permission of the house for the said committee to adjourn, until such time as the speaker shall, by his warrant, in manner herein mentioned, direct the said committee to reon permission, assemble; and upon such permission being granted, it shall and may be lawful for the said to adjourn until speaker shall re-as semble them. committee to adjourn accordingly; any act or acts of parliament now in force to the contrary (See post, § 26.) thereof in anywise notwithstanding: provided 106. U. K. always, that whenever any select committee 42 Geo. 3. c. shall report to the house in manner aforesaid, they shall state in their report that they have Committee in gone through all the other parts of the said their report to petition, except what have been specially re- have gone ferred to the commissioners in Ireland herein mentioned. state that they parts of petition, except what has been referred to sioners. Committee on petitions not Irish election § 16. And be it further enacted, that in all the commis cases of the trial of petitions on controverted elections for any county, city, borough, town, or place in that part of the united kingdom called Ireland, the select committee for the trial of such petition shall not be dissolved on account of the death or absence of any number to be dissolvof the members thereof, except the number of ed, unless rethe said committee shall be reduced to less than nine; any act or acts of parliament now in force, or any law, usage, or custom to the contrary thereof in any wise notwithstanding. duced to less than nine in number. mencement of commission ers. § 17. And be it further enacted, that, on the day and at the place appointed, between the hours of ten in the forenoon and four in the Hours of meetafternoon, the said commissioners and chairman ing, and comshall meet and open their court, or commence proccedings of their proceedings, by reading the warrant of the said chairman of the said select committee, and also the copy of the petition annexed to the said warrant, and also the copies of all other papers transmitted by the said chairman; and the said commissioners shall, before further proceeding on the business of their said commission, take and subscribe the following oath, that is to say; "I, A. B. do swear, that I will, without fa- Oath. "your, affection, or malice, and according to |