13 be present; nor any mem

28. Provided always, that no such deter- 16 Geo. 3. c.16. mination as aforesaid shall be made, nor any No determinaquestion be proposed, unless thirteen members tion, &c. unless shall be present; and no member shall have a vote on such determination, or any other question or resolution, who has not attended during every sitting of the said select committee.

ber to vote who ed every sitting

has not attend

of committee. (See 28 Geo. 3. c. 52. § 17.)

the house to be

§ 29. And be it further enacted, that the oaths Oaths taken in by this act directed to be taken in the house, administered shall be administered by the said clerk or clerk by the clerk; assistant, in the same manner as the oaths of allegiance and supremacy are administered in the house of commons; and that the oaths by and those be this act directed to be taken before the said fore the select committee, by select committee, shall be administered by the the clerk atclerk attending the said select committee; and tending them. that all persons who shall be guilty of wilful Penalties on and corrupt perjury in any evidence which they perjury exshall give before the house, or the said select to. committee, in consequence of the oath which they shall have taken by the direction of this act, shall, on conviction thereof, incur and suffer the like pains and penalties to which any other person, convicted of wilful and corrupt perjury, is liable by the laws and statutes of this realm.

tended there.

years.

§30. And be it further enacted, that this act Act to contishall continue in force seven years, and till the nue for seven end of the session of parliament next after (Perpetual by 14Geo.3.c.15.) the expiration of the said seven years, and no longer.

recited.

If several par

The Stat. 11 Geo. 3. c. 42.

An Act to explain and amend an Act, made in the last Session of Parliament, intituled, "An Act to regulate the Trials of contro"verted Elections, or Returns of Members "to serve in Parliament."

"WHEREAS an act was passed in the last 10 Geo. 3.c.16."session of parliament, intituled, An act to regulate the trials of controverted elections, "or returns of members to serve in parliament; and whereas further provisions may be necessary to prevent all obstructions and dif"ficulties, which in certain cases may arise in "the execution of the said act:" Be it thereties, on distinct fore enacted, by the king's most excellent majesty, by and with the advice and consent of complaint, pre- the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, that from and after the turn, &c. same passing of this act, if several parties, on disders to be given. tinct interests or grounds of complaint, shall to such parties, present separate petitions, complaining of an or their agents, undue election or return of a member or mem

interests or

grounds of

sent separate

petitions, against any election or re

notices and or

as to sitting members or petitioners, or their agents, under the 10 Geo. 3. c. 16.

$ 2 of 10 Geo, 3. c. 16. re.

pealed,

bers to serve in parliament, the same notices and orders shall be given to all such parties, or their respective agents, as by the said act are directed to be given to the sitting members, or the petitioners therein mentioned, or their respective agents.

§ 2. And be it further enacted, that the clause in the said act, which provides that no petition shall be taken into consideration within

consideration

fourteen days after the appointment of the com- *11 Geo. S. c. 42. mittee of privileges, be repealed; and that from No petition to henceforth no petition, complaining of an undue be taken into election, or return of a member or members to serve within 14 in parliament, shall be taken into consideration days after within fourteen days after the commencement ment of sesof the session of parliament in which it is pre- 14 days after sented, nor within fourteen days after the re- return brought turn to which it relates shall be brought into into crown the office of the clerk of the crown.

commence

sion,nor within

office.

If

at the time

of drawing names of mem

bers by lot, 49 set aside, can

not excused or

not be com

pleted, the

§ 3. And be it further enacted, that if at the time of drawing by lot the names of the members, in manner prescribed by the said act, the number of forty-nine members, not set aside nor excused, cannot be completed, the house shall proceed in the manner they are directed by the said act to proceed, in case there be less than one hundred members present at the time therein prescribed for counting the house, and so, from 36 Geo. 3. c.59 day to day, as often as the case shall happen.

§ 4. And be it further enacted, that on the day appointed for taking any petition, complaining of an undue election, or return of a member or members to serve in parliament, into consideration, the house shall not proceed to any. other business whatsoever, except the swearing of members, previous to the reading of the order of the day for that purpose.

house to pro

ceed as under 10 Geo. 3. e.

16. §4. (but se

§ 1.)

28 Geo. 3. c. 52. $12. and 36 Geo. 3. c. 59. § 1.)

select com

mittee have oc◄

§ 5. And be it further enacted, that if the If select committee shall have occasion to apply casion to re or report to the house, in relation to adjourn- port to the ment of the said select committee, the absence house in the of the members thereof, or the non-attendance when the house

d d

cases herein,

ed in such

bers; and shall, within one hour from the time 11 Geo.s.c.42. of their withdrawing, report the names of such nominees, how two members to the house; which two mem- to be appoint bers shall be liable to be set aside, on the like cases. objections for which nominees may be set aside by virtue of the said act; and in case such two members, or either of them, shall be set aside for any of the causes aforesaid, then the said thirteen members shall choose one or two other members, as the case shall require, until two members are chosen, against whom none of the objections to nominees mentioned in the said act shall be taken and allowed; and that the names of such two members shall be then added to the said list of thirteen members; and all the said fifteen members shall be sworn at the table, and they shall be the select committee appointed for the purposes expressed in this and the said former act.

Such 15 to be

the select com.

nees are so to

§ 7. And be it further enacted, that where Where nomithe said nominees are by this act directed to be be appointed named by the said thirteen members, no mem- by the 13, no ber present at the time of the ballot, shall de- member to depart from the house until the time for the house until meeting of the said select committee shall be ing of commitfixed (a).

(a) This act is made perpetual by the stat. 14 Geo. 3. c. 15. post, cccxvi,

part from the

time of meet

tee fixed.