the house; and so shall continue to do, until 10 Geo.3.c.16. forty-nine names of the members then present be drawn.

Names of mem voted at the election com. being petition

bers having

plained of, or

due elections,

§ 6. Provided always, that if the name of any member who shall have given his vote at the election so complained of as aforesaid, or who shall be a petitioner complaining of an undue election or return, or against whose return a petition ers against un shall be then depending, or whose return shall or against not have been brought in fourteen days, shall whose return be drawn; his name shall be set aside, with depending, or the names of those who are absent from house.

petitions are

the whose return not brought in 14 days, if drawn, to be set aside.

All members above 60 years cused, if they

old to be ex

§ 7. Provided also, that if the name of any member of sixty years of age or upwards be drawn, he shall be excused from serving on the select committee, to be appointed as hereinafter require it, so is mentioned, if he require it, and verify the oath; cause of such requisition upon oath.

verifying upon

have served on

session,

§ 8. Provided also, that if the name of any also those who member who has served on such select commit- select commit. tee during the same session be drawn, he shall, tees in the same if he requires it, be excused from serving again in any such select committee, unless the house unless the num shall, before the day appointed for taking the ber who have said petition into consideration, have resolved, insufficient. that the number of members who have not served on such select committee, in the same session, is insufficient to fulfil the purposes of this act, respecting the choice of such select committee.

not served be

9. Provided always, that no member, who Members exafter having been appointed to serve in any inability or accused, &c. from such select committee shall, on account of cident, shall inability or accident, have been excused from not be deemed

to have served.

10 Gco.3.3.16. attending the same throughout, shall be deemed to have served on any such select committee.

Members veri

other excuses, allegation to

be entered on

journals, and

the house taken

thereon.

any

§ 10. And be it further enacted, that if fying upon oath other member shall offer and verify upon oath any other excuse, the substance of the allegations so verified upon oath shall be taken down the opinion of by the said clerk, in order that the same may be afterwards entered on the journals, and the opinion of the house shall be taken thereon; and if the house shall resolve, that the said member is unable to serve, or cannot without great and manifest detriment serve, in such select committee, he also shall be excused from such service.

And if the

house resolve

that they are unable, &c.

such members

are to be excused.

Instead of

to be drawn to complete the number 49, &c.

§ 11. And be it further enacted, that instead whom, others of the members so set aside and excused, the names of other members shall be drawn; who may, in like manner, be set aside or excused, and others drawn to supply their places, until the whole number of forty-nine members, not liable to be so set aside or excused, shall be complete; and the petitioners, or their agents, may name one, shall then name one, and the sitting members, or their agents, another, from among the members then present, whose names shall not have members pre- been drawn, to be added to those who shall have been so chosen by lot (a).

Petitioners

and sitting members an

other, from

among the

sent whose

names not

drawn, to be added to those chosen.

§ 12. Provided always, that either of the Who may, for members so nominated shall or may be set aside, for of the same causes as those chosen by lot; or shall, if he requires it, be excused from serving on the said select committee; and the

like causes, be set aside, or excused; in which case, the party no

any

(a) Sce post, § 15; also 11 Geo. 3. c. 15. § 6. 28 Geo. 3.

c. 14. § 14. and 42 Geo. 3. c. 84. § 4.

party who nominated the member so set aside 10 Geo.3.c.16. or excused, shall nominate another in his minating to stead, and so continue to do as often as the case nominate anshall happen, until his nominee is admitted.

other.

members are two nominees added, the door to be opened, and the house

chosen, and the

may proceed

49 to be then

their counsel,

those of sitting

clerk, are to

and sitting

§13. And be it further enacted, that as soon When the 49 as the said forty-nine members shall have been so chosen by lot, and the two members to be added thereunto shall have been so nominated as aforesaid, the door of the house shall be opened, and the house may proceed upon any on other busi other business; and lists of the forty-nine mem- ness. bers so chosen by lot shall then be given to the Lists of the petitioners, their counsel, or agents, and the given to the counsel or agents for the sitting members, who petitioners, shall immediately withdraw, together with the or agents, and clerk appointed to attend the said select com- members, mittee; and the said petitioners and sitting who, with the members, their counsel or agents, beginning on withdraw. the part of the petitioners, shall alternately Petitioners strike off one of the said forty-nine members, and bersal until the said number shall be reduced to thir- ternately to teen; and the said clerk, within one hour at strike off one, farthest from the time of the parties withdraw- ber be reduced ing from the house, shall deliver in to the clerk, within house the names of the thirteen members then one hour, to remaining; and the said thirteen members, to- deliver a list gether with the two members nominated as and they, with aforesaid, shall be sworn at the table (a), well and the two nomitruly to try the matter of the petition referred nees, shall be to them, and a true judgment to give according shall be a to the evidence; and shall be a select commit-it tee to try and determine the merits of the turn or election appointed by the house to that day taken into consideration; and the house shall order the said select committee to meet at

(a) Sce post, § 29.

till the num

to 13;

of the 13;

sworn, &c. and

select committee, to try re- the merits of

be

the return or

election appointed by the that day taken

house to be

into consi.

deration;

within 24

10 Geo.3.c.16. a certain time to be fixed by the house, which house to order time shall be within twenty-four hours of the them to meet appointment of the said select committee, unhours, unless a less a Sunday or Christmas-day shall intervene; and the place of their meeting and sitting shall be some convenient room or Place of their place adjacent to the house of commons, or meeting to be Court of requests, properly prepared for that

Sunday or

Christmas-day

shall inter

vene.

adjacent to the house, &c.

On withdraw. ing, the 51 members not to

purpose.

§14. Provided always, that on the parties withdrawing as aforesaid, the house shall condepart till the tinue sitting; and the said fifty-one members, so chosen and nominated, shall not depart the house till the time for the meeting of the said select committee shall be fixed.

meeting of

committee be

fixed,

Either party

any member

drawn is intended for

their nominee,

and member consenting thereto, his lot to be set aside, and

§ 15. Provided always, and be it further endeclaring that acted, that if upon the drawing out of the name of any member by lot, as aforesaid, the said petitioners or sitting members, or their agents, shall declare, that such member is intended to be one of the two nominees to be nominated by them respectively, and if such member shall consent to such nomination, the name of such member so drawn by lot shall be set aside, and, unless objected to as aforesaid, he shall serve as such nominee, and the name of nominee, and another member shall be drawn to supply his another to be place, to complete the number of forty-nine ply his place; members to be drawn by lot; and if the said petitioners or sitting members, or their agents, but on neglect shall not respectively nominate a member then of nomination, present, who shall be admitted according to the directions of this act, then the want of such nomination shall be supplied, by drawing out, be supplied by instead thereof, the name of one or two memlot;

he is to serve as

drawn to sup

deficiency to

like objections

bers, as the case shall require; who shall be 10 Geo.s.c.16. drawn by lot in the like manner, and subject to member drawn the like objections and excuses as the other subject to forty-nine members already drawn by lot, and and excises as shall be added to the lists of the said forty-nine in case of the members, and shall be liable to be struck off in or he may be the same manner; leaving always the number struck off, of fifteen members in the whole, and no more, 15 as a select as a select committee, for the purposes afore- committee. said.

other 49;

leaving always

Previons to tion into con sideration,

taking peti-'

§ 16. And, for the greater dispatch and certainty in the proceeding hereinbefore described, be it further enacted, that the names of all the members so written and rolled up as hereinbefore directed, shall, previous to the day appointed for taking any such petition into cousideration, be prepared by the said clerk, or clerk assistant, and by him put into a box or parcel, in the presence of the speaker, together with an bers into a attestation, signed by the said clerk, or clerk box or parcel, assistant, purporting, that the names of all the of the speaker, members were by him put therein the day of

in the year

which said box or parcel the speaker shall seal with his own seal; and to the outside thereof shall annex an attestation, signed by himself, purporting, that the said box or

day of

clerk to put the nem

the names of

in the presence

and attest the same;

speaker to seal attest the mak ing up thereof

the same, and

in his presence.

parcel was on the in the year made up in his presence, in the manner directed by this act; and that as soon as the parties shall be withdrawn as afore- Any member said, and before the house shall enter on any other may require business, any member may require, that the of members unnames of all the members, which remain un- read by the drawn, shall be drawn, and read aloud by the clerk. said clerk or clerk assistant.

that the names

drawn may be