40 Geo. s. c.

106. U. K.

and make coand to give them to the parties inteing paid as

pies thereof,

rested, on bc

herein.

ers to examine

cause to be made, true copies of the minutes of all proceedings before the said commissioners, and of all such evidence as shall be given or produced before them, and shall give one such copy to each of the parties interested, or his or their agent, or to such of them as shall demand the same, on being paid for each sheet of the said copy, consisting of seventy-two words, the sum of sixpence; and within ten days after the (See 47 Geo. 3. evidence before the said commissioners shall be c.14. § 6, 7.) closed touching the matters and things referred to them, the said commissioners shall cause two Commissioncopies of the minutes of all their proceedings two copies of to be made, and shall examine the same with the minutes of the said minutes, and shall sign and seal the their proceedsaid copies; and shall transmit by their clerk, mit one copy one of the said copies to the clerk of the to the clerk of crown for Ireland, or his deputy, at the crown Ireland, and office in Dublin, and the other of the said the speaker of copies to the speaker of the house of com- the house of parliament of the said united is to communimons of the fo kingdom, who shall accordingly communicate cate the same to the said house; and upon the trans- On transmismission of the said copies, the said com- sion of such missioners shall adjourn, in order to receive missioners to such further orders from the select commit- adjourn for tee upon the petition in question, as such from select committee may from time to time think requi- committee, site and necessary.

ings, and trans

the crown for

the other to

commons, who

to the house.

copies, com

further orders.

to plead before

witnesses.

24. And be it further enacted, that the said No barrister commissioners shall not permit or suffer any commissionbarrister or counsel to plead before them, or to ers, or examine examine or cross-examine any of the witnesses; but that the said commissioners shall themselves examine and cross-examine all the witnesses that shall be produced before them.

42 Geo, 3. c. 106. U.K.

If any evidence which the ma

be offered,

25. Provided always, and be it further enacted, that in case at any time in the course of the said proceedings before the said commissioners, any of the said parties shall tender or offer to produce to the said commissioners any witness or evidence, to, of, or concerning any matter or thing whatsoever in issue before the said commissioners, which witness or evidence the said cominissioners, or a majority of them, shall be of opinion ought not to be examined, heard, or received, the said commisstate their rea- sioners shall state in writing the reasons and grounds upon which they have rejected the said evidence, and enter the same upon their proceedings; and it shall and may be lawful to and but are to hear for the party tendering or offering to produce being required such witness or evidence, to require of the said

jority of the commissioners think ought

not to be heard,

they are to

sons in writ

ing;

the same, on

by the party offering it;

be

which is to taken down se the other pro

parate from

ceedings,

and a copy

and sealed by said commissioners, transmitted with

conmissioners that the said witness or evidence

shall be examined, heard, and received, by and before them; and the testimony of such witness, or the purport of such evidence, shall accordingly be taken down in writing by the clerk to the said commissioners separately and apart from all other evidence before the said commissioners, and a copy thereof, with a statement thereof signed of the of the purpose to or for which the said witness or evidence was produced, and by whom the same was produced, shall be signed and sealed the other pro- by the said commissioners, in the nature of a bill of exceptions to evidence, and the same shall be transmitted by the said commissioners, together with all the other proceedings before them, in manner herein mentioned; and if the select committee of the house of commons, to whom the merits of the petition in question shall be afterwards referred, in manner herein the evidence mentioned, shall be of opinion, that the tenderfrivolous or ing and offering of such witness or evidence

ceedings as aforesaid.

If the com

mittee think

42 Geo. S. c.

are to report

was frivolous or vexatious, or that the testimony of such witness, or the purport of such 106. U. K. evidence was impertinent or irrelevant to the vexatious, they matter in issue before the said commissioners, the same to the the said committee shall report such their opi- house: nion to the house, together with their opinion on the other matters relating to the said petition, and the party who shall before the said commissioners have opposed the examining, and the party hearing, or receiving of such witness or evi- opposing the hearing of dence, shall be entitled to recover, from the said evidence person or persons who shall have produced such before the witness or evidence, the full costs and expences ers, is to be enwhich such party or parties shall have incurred titled to costs in opposing the same, or by reason of the same posing the being received in manner aforesaid; which costs and expences shall be ascertained and recovered in the same manner and form as are now provided by law for the recovery of costs and expences in cases of frivolous or vexatious petitions, or frivolous or vexatious opposition to any petition.

commission

incurred in op

same.

to issue war

to re-assemble

§ 26. And be it further enacted, that Speaker, withwithin two days after the copy of the said in two days after receiving proceedings before the said commissioners, copy of proshall be received by the speaker of the house fore the come ceedings beof commons, the said speaker shall insert in missioners, the London gazette, a warrant signed by rant as herein, him, directing the select committee upon the for petition in question to re-assemble and meet within one again within the space of one month from the month, if par date of such warrant, provided parliament shall ting; if not, be then sitting, and in case parliament shall not within one then be sitting, to meet within one month after commencethe commencement of the next session of par- next session, liament; and that the said select committee shall accordingly re-assemble and meet again,

liament be sit

month after

ment of the

and shall take the said proceedings of the said commissioners into consideration, and shall proceed to try and determine the merits of the said. petition, in such and the same manner as select committees on controverted elections are bythe laws now in force directed to procced, try, and determine; save and except that the said committee shall not call for or receive any other or further evidence, 'written or parole, respecting any matters or things which shall have been tried and examined by the said commissioners in manner aforesaid; but the said committee shall determine on all such matters and things from the written minutes of the evidence, and proceedings before the said commissioners, and the certificates of the said commissioners so signed, sealed, and transmitted as aforesaid: provided always, that the said committee shall and may be at liberty to hear counsel, as to the effect of the said evidence, in like manner as they may do respecting any other matter in question before them; and that the said select committee shall report their own opinion to the house, upon the whole merits of the said election, or other matter of the said petition.

§27. Provided always, and be it further enacted, that the said select committee shall, (from time to time during the continuance of the said committee, and at any time before reporting their final opinion to the house on the merits of the petition in question) have full power and authority to direct any further or other warrant to the said chairman of the commissioners, under the hand and seal of the chairman of the said committee, ordering and directing the said commissioners to re-assemble for such pr shall be in the said warrant specifie

such and the like proceedings shall be had upon 42 Geo. 3. c. such further warrant of the chairman of the 106. U. K. said committee, as are herein directed with

respect to the said warrant of the chairman of the said committee herein first mentioned.

dence before

ers, to be in

soned seven

§ 28. And be it further enacted, that all and Persons givevery person and persons who shall wilfully give ing false evifalse evidence, or make any false oath or affida- commissionvit before the said commissioners, or before any dicted for the justice of the peace, touching any matter or same; thing provided for by this act, shall be prosecuted and indicted for the same; and such per-. son or persons being convicted thereof, shall and, if convict be sent to some house of correction for a time ed, be impri not exceeding seven years, there to be kept to years, or be hard labour during all the said time, or other- transported. wise to be transported to some of his majesty's plantations beyond the seas, for a term not exceeding seven years, as the court shall deem most proper; and that it shall and may be lawful for the chairman of the said commissioners, Chairman of and he is hereby authorized and empowered, by warrant under his hand and seal, directed to any rant, &c. sumone or more constable or constables, or to any other person or persons, specially appointed by such chairman, to summon and require the attendance of any witness or witnesses, or other person or persons, before the said commissioners, at the day and place to be mentioned in the said warrant.

commissioners may, by war

mon witnesses.

commissioners

six months,

§ 29. And be it further enacted, that if any Chairman of person so summoned as a witness as aforesaid, to commit shall neglect or refuse to attend, without lawful to prison for excuse, to be determined by the said commis- witnesses resioners; or if any witness before such com- fusing to atmissioners shall prevaricate or shall otherwise ricating, &c.

tend, or preva