trict of burghs in that part of Great Britain 28 Geo.3.c.52. called Scotland, any such petition as aforesaid shall and may be so proceeded upon, if the same shall be subscribed by any person or persons claiming therein to have had a right to vote at the election of any delegate or delegates, commissioner or commissioners, for choosing a burgess for such district.

ing, subscribed by two mem

bers, of the death of sitting

member, or of

ed upon double

turn petitioned

summoned to

§ 2. And be it further enacted, that if, at any In cases where time before the day appointed for taking any speaker, insuch petition into consideration, the speaker of tificate in writ the house of commons shall be informed, by a certificate in writing, subscribed by two of the members of the said house, of the death of the sitting member or sitting members, or either of person returnthem, whose election or return is complained return, whose of in such petition, or of the death of any mem- election or reber or members returned upon a double return, against, or that whose election or return is complained of in such person is such petition, or that a writ of summons has parliament as a been issued, under the great seal of Great peer of Great Britain; Britain, to summon any such member or members to parliament as a peer of Great Britain; or if the house of commons shall have resolved or if the house that the seat of any such member is by law be- shall have recome vacant; or if the said house shall be in- seat of such formed, by a declaration in writing, subscribed member is va by such member or members, or either of them, or if house, as the case shall be, and delivered in at the herein, that it table of the house, that it is not the intention is not intended of such member or members to defend his or tion or return; their election or return; in every such case no- notice to be tice thereof shall immediately be sent by the sent by speaker speaker to the sheriff, or other returning officer for the county, borough, or place, to which such petition shall relate, and such sheriff or

solved that the

cant;

informed as

to defend elec

to returning officer, who is affixed on

to cause a copy

to

doors of county or town hall,

and to be ga.

for taking such

may be adjourned, 30

28 Geo. 3. c.52. other returning officer shall cause a true copy of the same to be affixed on the doors of the county zetted; order hall or town hall, or of the parish church petitions into nearest to the place where such election has consideration usually been held, and such notice shall also be inserted, by order of the speaker, in the next days at least to London Gazette; and the order for taking such tween notice in petition into consideration shall, if necessary, be adjourned, so that at the least thirty days into considera- may intervene between the day on which such notice shall be inserted in the said Gazette, and the day on which such petition shall be taken into consideration.

intervene be

Gazette, and

taking petition

tion.

Within 30 days

so inserted in

the Gazette,

any person

a voter may petition to be admitted a party, in the

§ 3. And be it enacted, that it shall and may after notice is be lawful, at any time within thirty days after the day on which such notice shall have been claiming to be inserted in the said Gazette, for any person or persons claiming to have had a right to vote at such election, or at the election of delegates or commissioners for making such election, to petition the house, praying to be admitted as a party or parties, in the room of such member or members, or either of them; and such person or persons shall thereupon be so admitted as a and shall be so party or parties, and shall be considered as such, to all intents and purposes whatever.

room of such member,

considered.

their intention

their election,

Members giv- § 4. And be it enacted, that whenever the ing notice of member or members, whose election or return not to defend is so complained of in such petition, shall have given such notice as aforesaid of his or their intention not to defend the same, he or they shall not be admitted to appear or act as a party or parties against such petition, in any subsequent proceedings thereupon, any thing in the aboverecited acts to the contrary notwithstanding;

not to be admitted as parties against any such petition,

&c.

and he or they shall also be restrained from sit- 28 Geo.3.c.52. ting in the house, or voting in any question, nor to sit or until such petition shall have been decided upon vote until peti. in the manner prescribed by the above-recited tion decided. acts and by this act.

upon any peti

one of the sub

sented, enter

zance, with

pear before

for taking it

(See the form of

this act.)

§ 5. And be it further enacted, that no pro- No proccedceeding shall be had upon any petition, by vir- ings to be had tue of the above-recited acts or of this act, un- tion, unless less the person or persons subscribing the same, scribers, withor some one or more of them, shall, within in 14 days after fourteen days after the same shall have been petition prepresented to the house, or within such further into a recogni time as shall be limited by the house, personally sureties, as enter into a recognizance to our sovereign lord herein, to apthe king, according to the form hereunto an- the house at nexed, in the sum of two hundred pounds, with the time fixed two sufficient sureties, in the sum of one hun- into consideradred pounds each, to appear before the house at tion, such time or times as shall be fixed by the the recognizance house for taking such petition into considera- at the end of tion, and also to appear before any select com- and before the mittee which shall be appointed by the house select commitfor the trial of the same, and to renew the same pointed; in every subsequent session of parliament, until and to renew a select committee shall have been appointed by the house for the trial of the same, or until the same shall have been withdrawn by the permis- commission sion of the house; and if, at the expiration of it no recognithe said fourteen days, such recognizance shall zance so enter not have been so entered into, or shall not have ceived by been received by the speaker of the house of speaker, he is commons, the speaker shall report the same to same to the the house, and the order for taking such petipeti- house, and the tion into consideration shall thereupon be dis- ing petition incharged, unless, upon matter specially stated, tion to be disand verified to the satisfaction of the house, the charged, unless

tee when ap

the petition

every session

till committee appointed, or

withdrawn.

ed into, or re

to report the

order for tak

to considera

28 Geo. 5.c.52. house shall see cause to enlarge the time for encause shall be tering into such recognizance; and whenever

seen for enlarging the

time, &c. Where time

for taking pe

such time shall be so enlarged, the order for taking such petition into consideration shall, if necessary, be postponed, so that no such petienlarged, order tion shall be so taken into consideration till after tition into con such recognizance shall have been entered into sideration may and received by the speaker: provided always, no petition to that the time for entering into such recoguiconsideration zance shall not be enlarged more than once, nor for any number of days exceeding thirty.

be postponed;

be taken into

till recogni zance entered into and received by speaker. Time for entering into re

to be enlarged

more than

more 30

days. Recognizances to be entered

into before the speaker, and the sufficiency of the sureties

to be allowed of by him, on

§ 6. And be it enacted, that the said recognizances shall be entered into before the speaker cognizance not of the house of commons, who is hereby authorized and empowered to take the same; and the more than sufficiency of the sureties named therein shall be judged of and allowed by the said speaker, on the report of two persons appointed by him to examine the same, of which two persons the clerk, or clerk assistant of the house, shall always be one, and one of the following officers, not being a member of the said house, shall be the other; (that is to say) masters of the high court of chancery, clerks in the court of king's bench, prothonotaries in the court of common sons may be. pleas, and clerks in the court of exchequer; and the said persons so appointed are hereby authorized and required to examine the same, port their judg- and to report their judgment thereupon; and which such fees are also hereby authorized to demand and receive such fees, for such examination and report, as shall be, from time to time, fixed by any resolution of the house of commons.

the report of

two persons to be appointed by him;

who such per

Such persons

to examine the same, and re

ment; for

to be paid as

allowed by the house.

Sureties living

more than 40 miles from

7. Provided always, and be it further enacted, that in any case where the party or parties,

zance before a

hand of such

who are to enter into such recognizance, or his 28 Geo. 3. c.52. or their sureties, or either of them, shall reside London may at a greater distance from London than forty enter recognimiles, it shall and may be lawful for such party justice. or parties, surety or sureties, respectively, to enter into such recognizance before any of his majesty's justices of the peace; and his majesty's justices of the peace, or any of them, is and are hereby authorized and empowered to take the same; and such recognizance, being duly Recognizance certified under the hand of such justice, and certified under being transmitted to the speaker of the house of justice, and commons, shall have the same force and effect trans speaker, to as if the same had been entered into before the have the same effect as if ensaid speaker: provided also, that it shall and may be lawful for the persons to whom it is referred by the speaker to examine the sufficiency of such surety or sureties, to receive as evidence, in their said examination, any affidavits relating thereto, which shall be sworn before any master of the high court of chancery, or before any evidence of the and such sureties, by sufficiency of of his majesty's justices of the peace; master of the high court of chancery, or justice of the peace, respectively, is hereby authorized to administer such oath, and is authorized and required to certify such affidavit under his hand.

tered into before speaker. Affidavits

made before a master in

chancery, or a received as

justice, to be

persons apmine the same.

pointed to exa

be withdrawn

§ 8. And be it enacted, that the house shall No petition ta not permit any such petition to be withdrawn, unless the except so far as the same may relate to the elec- member's seat tion or return of any member or members who shall have shall, since the same shall have been presented, have vacated his or their scat by death, or in any other manner.

§ 9. And be it enacted, that if the peti- If petitioners

do not appear