committee 11 Geo.3.c.42. or misbehaviour of witnesses summoned to aphas adjourned pear, or appearing before them, and the house shall be then adjourned for more than three days, the said select committee may also adjourn to the day appointed for the meeting of the house. may adjourn. If on petition there are more parties before than two the house on distinct interests, or complaining or complained of on different grounds, &c. § 6. And be it further enacted, that if on a complaint by petition of an undue election or return, there shall be more than two parties before the house on distinct interests, or complaining or complained of upon different grounds, whose right to be elected or returned may be affected by the determination of the said select committee, each of the said parties shall successively strike off a member from the fortynine members to be chosen by lot, until the said number be reduced to thirteen, in the same manner as by the said act is directed for the lists of the 49 to striking off a member alternately by the parties be given to all; therein mentioned; and the lists of the fortynine members chosen by lot shall, for this each to strike off successively from the 49 till reduced to 13, (as by 10 Geo.3. c. 10. § 13.) the number be lot; purpose, be given to all the said parties, and the order in the order in which the said parties shall so which they are strike off the said members shall be determined to strike off to be decided by by lot after they are withdrawn from the bar, and in such case, neither of the said parties (there being more than two) shall be permitted to name a member to be added to the members so drawn by lot as aforesaid; but that as soon as the list of thirteen members shall be returned by the parties to the house, such thirteen members shall immediately withdraw, and shall, by themselves, choose two members then present in the house, whose names shall not have been drawn, to be added to the said thirteen mem ed in such cases. 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 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 me the select com. mittee. 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. 10 Geo. S. c. 16. and 11 Geo. 3. 42, recited, The Stat. 14 Geo. 3. c. 15. An Act for making perpetual two Acts, passed in the tenth and eleventh Years of the Reign of his present Majesty, for regulating the Trials of controverted Elections, or Returns Members to serve in Parliament. "WHEREAS an act passed in the tenth year " of the reign of his present majesty, intituled, "An act to regulate the trials of controverted "elections, or returns of members to serve in parliament, which act was made to continue "for a limited time only; and whereas another "act, passed in the eleventh year of the reign "of his said majesty, intituled, An act to ex"plain and amend an act, made in the last ses"sion of parliament, intituled, An act to regulate the trials of controverted elections, or "returns of members to serve in parliament; "and whereas the provisions of the said recited "acts are well adapted to procure to the commons of this realm a free and impartial trial "of controverted elections of members to serve "in parliament, and have been found by experience to be practicable and beneficial:" and made per- May it therefore please your majesty, that it may be enacted, and be it 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 the said recited acts, passed in the tenth and eleventh years of his present majesty, shall be, and are hereby made, perpetual. petual. The Stat. 28 Geo. 3. c. 52. An Act for the further Regulation of the Trials of controverted Elections, or Returns of Members to serve in Parliament. "WHEREAS, by an act of parliament passed 10 Geo. 3. c. 16. "in the tenth year of the reign of his present "majesty, intituled, An act to regulate the "trials of controverted elections, or returns of members to serve in parliament, certain "regulations were established, for a time therein "limited, for the trials of controverted elec"tions, or returns of members to serve in par"liament: and whereas, by an act passed in 11 Geo.3.c.42. "the eleventh year of the reign of his present majesty, intituled, An act to explain and "amend an act made in the last session of parliament, intituled, An act to regulate the "trials of controverted elections, or returns of "members to serve in parliament, further re"gulations were made therein; and whereas the "provisions of the said acts were, by an act 14 Geo.3.c.15. "passed in the fourteenth year of the reign of "his present majesty, continued and made per"petual: and whereas, by an act passed in the and 25 Geo. 3. "twenty-fifth year of the reign of his present majesty, intituled, An act to limit the dura"tion of polls and scrutinies, and for making "other regulations touching the election of "members to serve in parliament for places "within England and Wales, and for Berwick 66 upon Tweed, and also for removing difficul"ties which may arise for want of returns "being made of members to serve in parliament, the provisions of the said acts were ex c. 84, recited. 28 Geo. 3. c.52.tended, in the manner therein mentioned, to petitions complaining that no return has been "made to a writ, issued for the election of a "member or members to serve in parliament, "within the times limited in the said act, or "that such return is not a return of a member "or members according to the requisition of the "writ: and whereas it is expedient that further "regulations should be made for the execution "of the said several acts, and that provision "should be made for discouraging persons from "presenting frivolous or vexatious petitions, or setting up frivolous or vexatious defences, in << any of the cases to which the above-recited "acts relate, and that provision should also be "made for the final decision of questions re"specting the rights of voting at such elections, or of nominating or appointing the returning "officer or returning officers who are to preside "thereat:" 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, No petition that no petition complaining of an undue eleccomplaining of tion or return, or of the omission of a return, tion or return, or of the insufficiency of a return, shall be proto be proceed- ceeded upon, in the manner prescribed in the subscribed by said above-recited acts, unless the same shall be person claim subscribed by some person or persons claiming a right to vote, therein to have had a right to vote at the elecor to have had tion to which the same shall relate, or to have returned, or by had a right to be returned as duly elected an undue elec ed upon, unless ing to have had a right to be candidate, or by person claiming to have had a right to vote at thereat, or alleging himself or themselves to have been a candidate or candidates at such election provided always, that in any case election of de- where a writ has been issued for the election legate. of a member to serve in parliament for any dis : |