"termination, or any other question or resolu- 28 Geo. S. c.5%. "tion, who has not attended during every sit ting of the said select committee; and that, "in case the number of members able to attend "the said committee shall, by death or other"wise, be unavoidably reduced to less than "thirteen, and shall so continue for the space shall have sat bers may pro not to be dis "of three sitting days, the said committee shall (10 Geo. 3. c. "be dissolved, and another chosen to try and 16. § 24.) "determine the matter of such petition, in the "manner in the said act before provided;" be it hereby enacted, that whenever any committee If a committe shall have sat for business fourteen days, not for business 14 including those days on which they shall have days, 12 memadjourned on account of the absence of any ceed therein; member, nor including Sunday, Christmas-day, or Good Friday, it shall and may be lawful for them to proceed to business, if a number of members not less than twelve be present; and in such case, the committee shall not be dis- and committee solved by reason of the absence of the members, solved unless unless the number of members able to attend reduced below the same shall, by death or otherwise, be un- and so contithat number, avoidably reduced to less than twelve, and shall nue for three so continue for the space of three sitting days; sitting days; and whenever any committee shall in like man- and if commitner have sat for business twenty-five days, it 25 days, 11 shall and may be lawful for them to proceed to members may business, if a number of members not less than proceed, &c. eleven be present; and in such case, the committee shall not be dissolved by reason of the absence of the members, unless the number of members able to attend the same shall, by death or otherwise, be unavoidably reduced to less than eleven, and shall so continue for the space of three sitting days. e e tec have sat 28 Geo. S. c.52. to mention be frivolous or vexatious; opposition 18. And be it further enacted, that every Committees in such committee, at the same time that they retheir reports port to the house their final determination on whether peti- the merits of the petition which they were sworn tions appear to to try, shall also report to the house whether such petition did, or did not, appear to them to be frivolous or vexatious; and that they shall in like manner report, with respect to every party or parties who shall have appeared before them so, whether the in opposition to such petition, whether the opthereto be fri- position of such party or parties respectively volous or vexa- did, or did not, appear to them to be frivolous or vexatious; and that if no party shall have pear in opposi- appeared before them in opposition to such petion, commit- tition, they shall then report to the house whetee to report ther such election or return, or such alleged omission of a return, or such alledged insuffior omission or ciency of a return, as shall be complained of in insufficiency of such petition, according as the case shall be, did, or did not, appear to them to be vexatious or corrupt. tious; if no party ap tion to peti whether elec tion or return, return com plained of, vexatious or corrupt. Where peti frivolous or vexatious, § 19. And be it enacted, that whenever any tions reported such committee shall report to the house, with respect to any such petition, that the same appeared to them to be frivolous or vexatious, the party or parties, if any, who shall have appeared before the committee in opposition to such the party op- petition, shall be entitled to recover, from the posing entitled person or persons, or any of them, who shall have signed such petition, the full costs and expences which such party or parties shall have incurred in opposing the same; such costs and expences to be ascertained in the manner hereinafter directed. to costs, &c. (See $22.) tion to petition $20. And be it also enacted, that whenever 28 Geo.3.c.52. any such committee shall report to the house, Where opposiwith à respect to the opposition made to such pe- reported frivotition, by any party or parties who shall have lous or vexaappeared before them, that such opposition ap- tious, petipeared to them to be frivolous or vexatious, the to costs, &c. person or persons who shall have signed such petition shall be entitled to recover from such party or parties, or any of them, with respect to whom such report shall be made, the full costs and expences which such petitioner or petitioners shall respectively have incurred in prosecuting their said petition; such costs and (See § 22.) expences to be ascertained in the manner hereinafter directed. party appears and the elec tion or return, or omission or resumciency of ported vexatious or cortioners to recover costs, &c. from sit return com plained of, re rupt, peti. § 21. And be it also enacted, that whenever, Where no in any case where no party shall have appeared in opposition before such committee in opposition to such pe- to petition, tition, such committee shall report to the house, with respect to the election or return, or to the alledged omission of a return, or to the alledged insufficiency of a return, complained of in any such petition, that the same appeared to them to be vexatious or corrupt, the person or persons who shall have signed such petition shall be entitled to recover from the sitting member or sitting members (if any) whose election or return not having shall be complained of in such petition, such given notice of sitting member or sitting members not having to defend the given notice as aforesaid of his or their intention same, or from not to defend the same, or from any other per- ted by the son or persons whom the house shall have ad- ties to oppose mitted or directed to be made a party or parties petition. to oppose such petition, the full costs and ex- (See § 22.) pences which such petitioner or petitioners shall have incurred in prosecuting their said pe ting members, intention not persons admit house as par 23 Geo. 3. c. 52. tition; such costs and expences to be ascertained in the manner hereinafter directed. How and by what persons such costs, &c. are to be ascertained; § 22. And be it enacted, that in the several cases herein before mentioned, the costs and expences of prosecuting or opposing any such petition shall be ascertained in manner following; (that is to say), that on application made to the speaker of the house of commons, by any such petitioner or petitioners, or party or parties, as before mentioned, for ascertaining such costs and expences, he shall direct the same to be taxed by two persons, of whom the clerk or clerk assistant of the house shall always be one, and one of the following officers, not being a member of the house, shall be the other; (that is to say), masters in the high court of chancery, clerks in the court of king's bench, prothonotaries in the court of common pleas, and clerks in the court of exchequer; and the persons so authorized and directed to tax such costs and expences shall, and they are hereby required to examine the same, and to report the amount thereof to the speaker of the said house; who shall, on application made to him, deliver to the party or parties a certificate, signed by himself, expressing the amount of the costs and expences allowed in such report; and the persons so appointed to tax such costs, and report the amount thereof, are hereby authorized to fees as fixed by demand and receive, for such taxation and report, such fees as shall be, from time to time, fixed by any resolution of the house. persons appointed to tax the same, &c. to receive such resolution of the house. Costs, &c. may be demanded 23. And be it enacted, that it shall and may be lawful for the party or parties entitled to more persons such costs and expences, or for his, her, or their from one or payment, and of debt, &c. executors or administrators, to demand the 28 Geo.3.c.52. whole amount thereof, so certified as above, liable to the from any one or more of the persons respec- not paid, tively, who are hereinbefore made liable to the may be recopayment thereof, in the several cases herein- vered by action before mentioned; and in case of non-payment thereof, to recover the same by action of debt, in any of his majesty's courts of record at Westminster; in which action it shall be sufficient for the plaintiff or plaintiffs to declare that the How plaintiff defendant or defendants is or are indebted to in such action him or them (in the sum to which the costs and expences, ascertained in manner aforesaid, shall amount) by virtue of this act; and the certificate of the speaker of the house of commons, Evidence in under his signature, of the amount of such costs such action. and expences, together with an examined copy of, the entries in the journals of the house of commons, of the resolution or resolutions of the said select committee or committees, shall be deemed full and sufficient evidence in support of such action of debt: Provided always, that in every such action of debt, no wager of law, or more than one.imparlance, shall be allowed; and the party or parties in whose favour judgment shall be given in any such action, shall recover his or their costs. Judgment in such actions to entitle the party to costs. Persons costs, &c. re covered, may recover a pro from any other persons liable portion thereof § 24. And be it further enacted, that in every case where the amount of such costs and ex- against whom pences shall have been so recovered from any person or persons, it shall and may be lawful for such person or persons to recover in like manner from the other persons, or any of them, if such there shall be, who shall be liable to the payment of the said costs and expences, a pro thereto. |