42 Geo. 3. c. 106. U. K. for acting as "the best of my skill and knowledge, well and truly try and examine all such matters and things as shall be brought before me by virtue "of a warrant, dated the day of under the hand and seal of the chair66 man of the select committee of the house of "commons, on a petition from [here state the "name or names of the petitioner or peti"tioners, and of the place to which the peti"tion relates ;] and that I will in all things, "well and truly perform the duty of a com"missioner appointed to try the said matters "and things, according to the rules, regulations, and directions contained in an act, "passed in the forty-second year of the reign "of king George the third, intituled, [here set "forth the title of this act.] "So help me God." Which oath the said chairman of the said commissioners, having first taken and subscribed the same in the presence of the rest of the said commissioners, is hereby authorized and empowered to administer to the other and others of them the said commissioners; and if any 6001. penalty person shall act as a commissioner in the execucommissioner, tion of this act, not being qualified by his de-. not being qua- gree as a barrister, every such person shall for lified as a bar- such offence forfeit and pay the sum of five Commissioners hundred pounds, and the said commissioners diem, except on shall sit every day (Sundays, Christmas Day, certain days; and Good Friday, only excepted), from the hour for more than of ten in the morning till four in the afternoon, and shall never adjourn for a longer time than in cases of twenty-four hours, except in case of the death death or con- or continued absence of any of the said commissioners as herein provided, unless Sunday, sioner, unless Christmas Day, or Good Friday shall inter rister. to sit de die in nor to adjourn twenty-four hours; except tinued absence of commis certain days ntervene. vene; and in case of such intervention, every meeting, sitting, or adjournment, shall be within twenty-four hours from the time of appointing or fixing the same, exclusive of such Sunday, Christmas Day, or Good Friday. 42 Geo. 3. c. 106. U. K. In case of such intervention, meeting to be within 24 hours of the time of appointing it, exclusive of certain days. sioner to absent himself, No commis unless through cident. fied on oath of $ 18. And be it further enacted, that no one of the said commissioners shall be allowed to absent himself from the said daily sittings and meetings, except in cases of sudden accident or necessity, or in case of illness, and that illness or acsuch cases of sudden accident or necessity shall illness or accibe made appear to the others of the said com- dent to be verimissioners, by facts specially stated and verified a physician; to upon oath of the said commissioner so absenting be made before himself; and that such illness shall be certified a justice of the to the others of the said commissioners on the oath of a physician; which oaths shall be made before one of his majesty's justices of the peace; and that any commissioner who shall so absent himself without such lawful excuse, shall, for 500l. penalty every day on which he shall so absent himself, sioner absentforfeit and pay the sum of five hundred pounds. ing himself peace; on commis without such lawful excuse. sence, verified $18.) nor then 19. And be it further enacted, that the said Commissioners commissioners shall never sit until all the said not to sit until all met, except commissioners are met, except in cases where in case of abthe absence of a commissioner is verified upon upon oath as oath as aforesaid, nor then, except by consent aforesaid, (see of all parties in manner herein mentioned; and in case the said commissioners, or such number as shall be so consented to (the said chairman being always one), shall not meet within one hour after the time to which the meeting of the said commissioners shall have been adjourned, a further adjournment shall be made in the manner before directed, and so from time to time until all the said commissioners, or such num- so on till com except by consent of parties. missioners not meeting within time to which In case of com a an hour after their meeting was adjourned, further adjournment to be made, and 106. U. K. missioners, or number con- continue three and no such consent as aforesaid is given, the nated, to nomi nate another. In case of death, or con new chairman 42 Geo. 3. c. ber as shall be so consented to in manner herein mentioned (the said chairman being always one), are assembled; and if the number of the said commissioners able to attend, shall at any time by death or otherwise be unavoidably reduced to less than three, and shall so continue for the space of three sitting days, and no such consent as herein mentioned shall have been sitting days, given, the party by whom the commissioner so dying or absenting himself was originally appointed shall nominate a barrister, having con party by whom sented in manner before mentioned, to act as a commissioner commissioner in his place; and in case of the dying or abdeath or continued absence of the chairman of senting himself was nomithe said commissioners for the space of three sitting days, then the remaining commissioners shall proceed to nominate one other such bartinued absence rister, having consented in manner before menof chairman, tioned, to be a new commissioner and chairto be appoint. man; but in case the remaining commissioners ed as herein; cannot agree in the appointment of a chairman, then the names of the remaining commissioners shall be put into a glass in open court, in the presence of the parties, or such of them as shall attend, and the commissioner whose name is first drawn out shall nominate and appoint one such barrister (having consented in manner before mentioned), to be such chairman; and the said remaining commissioners shall give notice of his appointment to such commissioner or chairman so appointed, who shall thereupon, under the penalty of five hundred pounds, repair to the place of meeting of the other commissioners, on a day certain to be named by the remaining commissioners, and which day shall not be more than fourteen days distant from the day on which the said commissioner or chairman was appointed in manner aforesaid; who is to have notice of his appointment, and repair to the place of meeting as herein. under penalty of 5001. 106. U.K. substituted, and all and every such commissioner or chair- 42 Geo. S. c. man so from time to time to be appointed in the place or stead of any commissioner or chair- Commissioner man dying or absenting himself for the time or chairman so aforesaid, shall in all respects have the same to have the same authority power, jurisdiction, and authority, as the com- as others. missioner in whose place or stead he shall have been appointed in manner aforesaid, and shall proceed conjointly with the other commissioners to complete the purposes for which the said commissioners were originally appointed. " of commission § 20. Provided always nevertheless, that notstanding any thing herein contained to the contrary, any number of the said commissioners (the Any number said chairman being always one), may, during ers (the chairthe absence or after the death of any other or others of the said commissioners, execute all the purposes of this act, with the consent of all parties interested, and which consent shall be especially entered on the minutes of the proceedings of the said commissioners, and signed by the parties, their counsel or agents respectively, man one) may absence or af act during the ter death of missioner, by consent of all any other com parties. ers not being 21. Provided always, and be it enacted, that if any commissioner appointed by virtue of this act shall be prevented from attending at the day and place appointed as aforesaid by any Commissionsudden accident, necessity, or illness, to be veri- able to attend fied upon oath in manner herein directed with by reason of respect to the absence of either of the said com- exempt from missioners, after proceeding on the said com- penalty. mission, then and in such case the commissioner or commissioners so prevented from attending by such sudden accident, necessity, or illness, shall not be liable to the said penalty of five illness, &c. 42 Geo. 3. c. hundred pounds; any thing herein contained to the contrary notwithstanding. 106. U. K. Commissioners may adjourn to any town within the county. Chairman of said commission, by war and for persons, papers, and records; and commissioners to examine witnesses on oath, and to powers and authorities as select com mittees; and to appoint a clerk, who is to take mi and may 22. And be it further enacted, that it shall be lawful for the said commissioners, from time to time, to adjourn to any town within the county, in all cases where it shall appear to them necessary so to do. $23. And be it further enacted, that the said chairman of the commission shall at all times, rant, to send by warrant under his hand and seal, have power to send for all persons, papers, and records; and the said commissioners shall examine all witnesses who shall come before them upon oath, and shall examine all matters referred to them, bave the same and shall in all respects have the same powers and authorities for examining the said matters so referred to them, as select committees of the house of commons on controverted elections have, for examining the matters and things referred to such select committees; and the said commissioners shall appoint a clerk to take down in writing, minutes of all the proceedings of them the said commissioners, and of all such terk evidence as shall be given or produced before them, in as accurate a manner as the same can possibly be done, and shall proceed in examining all and every witness or witnesses who shall come before them, and in scrutinizing the rights of any voter or voters, and in all other matters and things whatsoever referred to them, in the same course and manner, and according to the same rules, as select committees of the house of commons on controverted elections ought and are empowered to proceed in like cases; and the clerk appointed by the said commissioners shall from time to time make, or nutes of pro- |