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47 Geo. 3. c. 14. U. K.

missioners for

taking evi

dence under

recited act

for Ireland,' and it is expedient that further regulations should be made for carrying the "said act into execution;" be it therefore enacted by the king's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, that, from and after the passing of this act, when any person shall be apClerk to com- pointed to be clerk to any commissioners under the said recited act, for the purpose of examining any matters or things referred to them shall be sworn. by any select committee of the house of commons, in manner directed by the said recited act, such person so appointed to be clerk shall be sworn by the chairman of the said commissioners, faithfully and truly to take down in writing the evidence adduced before the said commissioners, and from day to day, as occasion may require, to transcribe, or cause the same to be transcribed, for the use of the said commissioners; and that in taking down the said evidence in writing, he will give the exact words in which such evidence shall be delivered in as accurate a manner as the same can possibly be done, and will in all things conduct himself, as such clerk, without favour, affection, or malice, according to the best of his skill and judgment.

No person be. ing a voter, nor claiming to be so, shall

be a commis

sioner to take evidence, nor

clerk to such

commissioners with

out consent in writing of parties.

§ 2. And be it further enacted, that no pérson shall be chosen or appointed to be a commissioner under the said recited act, for the purposes of examining any matters or things referred to commissioners by any select committee of the house of commons, for the trial of any petition under the provisions of the said recited act, or to be clerk to such commissioners, who

shall have voted at the election in question, or who shall have or claim any right or title to vote for the county, city, borough, town, or place, respecting which the election or return complained of, or other subject matter of such petition arose or happened, without the consent and approbation in writing of the petitioners and sitting members by and against whom any such petition shall be preferred.

47 Geo. 3. c.

14. U.K.

ments when to

§ 3. Provided always, that any objection to the Objection to appointment of such commissioner shall be made such appointat the time of his being chosen and appointed, be made. and that any objection to the appointment of such clerk shall be made at the first meeting of the commissioners, otherwise any objection either to the appointment of commissioner or clerk shall be invalid and of none effect, and such appointment of commissioner or clerk shall be valid and effectual, to all intents and poses.

pur

§ 4. And be it further enacted, that the parties appearing before any select committee of the house of commons, under the said recited act, and delivering any lists of votes, or of the names of voters, to which either of the said parties purpose and intend to object, shall in such lists specify and particularize against every vote, and against the name of every voter contained in such list, the specific and particular ground or grounds of objection upon which such party purposes and intends to object against such vote or voter respectively; and that no evidence shall be adduced before such select committee, or before any commissioners to be appointed under the said recited act, against the validity of any

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14. U. K.

47 Geo. 3. c. vote or voter upon any ground of objection to such vote or voter other than one of the grounds so specified and particularized; and that if any ground of objection shall be stated against any vote or voter, and no evidence shall be produced before such select committee, or before such commissioners, to substantiate the objection: against such voter or voters, upon such ground of objection so stated, and if the select committee appointed for the trial of the petition whereon such proceeding shall arise, shall be of opinion that such proceeding was frivolous and vexatious, the said committee shall report the same to the house of commons, together with their opinion on the other matters relating to the said petition; and the party or parties against the votes or voters for whom any objection or objections shall be made, on which no evidence shall be produced, shall, in such case, be entitled to recover from the party or parties by or on whose behalf any such objection or objections was or were made, the full costs and expences incurred by reason of such frivolous and vexatious objection or objections; which costs and expences shall be ascertained ed as in case of and recovered in the same manner and form as vexatious pe 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.

to be recover

frivolous or

titions, or fri

volous or vex

atious petition.

Select committees, after proceedings be

fore commis

5. And be it further enacted, that when any select committee of the house of commons shall sioners in Ire- re-assemble to try and determine the merits of land may send any petition under the said recited act, after produced be any proceedings shall have been had by or beore such com- fore any commissioners appointed under the said recited act for examining any matters which

for papers, &c.

missioners,

14. U. K.

commissioners;

petition as di

shall have been referred to them by such select 47 Geo. 3. c. committee, it shall and may be lawful for such select committee to send for all or any such without rebooks, papers, and records, or other written assembling the documents, as were produced in evidence before such commissioners, in like manner as such select committee might have done if no such proceedings had been had by or before such commissioners, and without directing any warrant to the chairman of the said commissioners, and without ordering or directing the said commissioners to re-assemble: provided always, committee to that such select committee shall, in all other try merits of respects, proceed to try the merits of such peti- rected by retion, in manner directed by the said recited cited act, and act, and shall determine on all such matters and on such matthings as shall have been tried and examined by been tried bethe said commissioners from the written minutes fore commisof the evidence and proceedings before the said written micommissioners, and from the inspection of such nutes of evibooks, papers, records, and documents, so far ceedings beonly as may relate to such evidence and pro- ford them in ceedings; but such select committee shall not spection of call for, or receive in evidence, any extracts books, &c. refrom such books, papers, records, or docu- To what eviments, other than such as were received and dence commitproduced before such commissioners, nor to any point or matter not in issue before such commissioners.

to determine

ters as have

sioners from

dence and pro

them, and

lating thereto.

tec confined.

missioners to

sheet only for

6. And be it further enacted, that the clerk Clerk to comto be appointed by any commissioners for the be paid 3d. per of examining matters and things re- copies of mipurpose ferred to them by any select committee, under nutes and evithe said recited act, shall, from time to time, (42 Geo. 3. c. make or cause to be made true copies of the 106. 23.) minutes of all proceedings before such commis- (See § 7. post. ) sioners, and of all such evidence as shall be

dence.

14. U. K.

47 Geo. 3. c. 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 three pence, and no more; and that for copies of the said minutes and evidence to be transmitted by such clerk of the commissioner to the clerk of the crown in Ireland, and to the speaker of the house of commons, in manner directed by the said recited act, such clerk shall receive from the lords commissioners of the treasury in Dublin such sum as the said commissioners whose clerk he was, shall think fit, not exceeding in any case the sum of three pence for every sheet consisting of seventy-two words which such copy shall contain, and no more; any thing in the said recited act to the contrary notwithstanding.

The sum to be received by the

for copies of

ceed 501. for each copy.

§ 7. Provided always, and be it further enclerk to the acted, that the sum to be received by any clerk commissioners to any such commissioners for such copies shall proceedings, not, in any instance, or under any rate of cal&c. not to ex- culation, exceed the sum of fifty pounds for each such copy, containing as well the minutes of all proceedings as of all evidence given or produced before such commissioners, and delivered to either of the parties interested, or his agent, or transmitted to the clerk of the crown in Ireland, or to the speaker of the house of commons respectively; any thing in this act or in the said recited act to the contrary notwithstanding.

Orders for

taking into

§ 8. And be it further enacted, that the order consideration for taking into consideration any petition relaIrish petitions. tive to the trial of any controverted election or

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