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28 Geo. 3. c.52. portionable share thereof, according to the number of persons so liable.

When the merits of petitions depend on

questions re

specting the right of elec

tion, or of apreturning of

pointment of

ficer, statements of the

ed for by cach

livered in writing.

§ 25. And be it further enacted, that whenever any such select committee, appointed to try the merits of any such petition as aforesaid, shall be of opinion that the merits of such petition do wholly or in part depend on any question or questions which shall be before them respecting the right of election for the county, city, boright contend- rough, district of burghs, or other place to party to be de- Which such petition shall relate, or respecting the right of choosing, nominating, or appointing the returning officer or returning officers, who is or are to make return of such election, the said committee, in such case, shall require the counsel or agents for the several parties, or if there shall be none such before them, shall then require the parties themselves, to deliver to the clerk of the said committee, statements in writing of the right of election, or of choosing, nominating, or appointing, returning officers, for which they respectively contend; and the committee shall come to distinct resolutions on such statements, and shall, at the same time that they report to the house their final determination on the merits of such petition, also report to the house such statement or statements, together with their judgment with respect thereto: And such report shall thereupon be entered in the their judgment journals of the house, and notice thereof shall be sent by the speaker to the sheriff, or other journals, and returning officer, of the place to which the same notice thereof relate; and a true copy of such notice shall, by turning officer, such sheriff, or other returning officer, be forthwith affixed to the doors of the county hall or

Committee to

come to distinct resolu

tions on such

statements,

and to report their final dethe merits of

termination on

petition, and

also such statements, and

thereupon:

report to be

entered in the

sent to the re

&c.;

copy of notice to be affixed

town hall, or of the parish church nearest to the 28 Geo.3. c.52. place where such election has usually been held; on doors of and such notice shall also be inserted, by order county hall, of the speaker, in the next London Gazette.

&c. or of the parish church, &c, and to be gazetted.

within 12

within 14 days

the following

mitted to op

§ 26. And be it enacted, that it shall and may Persons may, be lawful for any person or persons, at any time mouths after within twelve calendar months after the day on such report, or which such report shall have been made to the after the com house, or within fourteen days after the day mencement of of the commencement of the next session of session, petiparliament after that in which such report shall tion to be adhave been made to the house, to petition the pose the right house to be admitted as a party or parties to op- appointment of pose that right of election, or of choosing, no- returning of minating, or appointing, the returning officer or established. ficer, thereby returning officers, who is or are to make return of such election, which shall have been deemed valid in the judgment of such committee.

of election, or

petition

the committee

sequent elec.

§ 27. And be it enacted, that if no such If no such petition shall be so presented within the time Pented, the above limited for presenting the same, the said judgment of judgment of such committee, on such question to be or questions, shall be held and taken to be sive in all subfinal and conclusive in all subsequent elections tions. of members of parliament for that place to which the same shall relate, and to all intents and purposes whatsoever; any usage to the contrary notwithstanding.

tion, day and

$28. And be it enacted, that whenever any on such petisuch petition shall be so presented, a day and hour to be aphour shall be appointed by the house for taking pointed for the same into consideration, so that the space of same into conforty days at the least shall always intervene sideration,

taking the

forty days in

tervening be tween the pre

senting and taking the

same into consideration.

Notice to be

28 Geo. S. c. 52. between the day of presenting such petition and the day appointed by the house for taking the same into consideration (a); and notice of such day and hour shall be inserted, by order of the speaker, in the next London Gazette, and shall also be sent by him to the sheriff, or other returning officer, for the place to which such petition shall relate; and a true copy of such notice shall, by the said sheriff, or other returning officer, be forthwith affixed to the doors of the county hall, or town hall, or of the parish church nearest to the place where such election has usually been held,

gazetted, and sent to return

ing officer;

copy of notice to be affixed on doors of

county hall or

of town hall, or of parish church, &c.

Before taking

into con

tition to be

pe

$29. And be it enacted, that it shall and may such petition be lawful for any person or persons, at any time sideration, any before the day so appointed for taking such person may petition into consideration, to petition the house mitted to de- to be admitted as a party or parties to defend fend such right such right of election, or of choosing, nomiof appointing nating, or appointing, the returning officer or returning cfficers; and such person or persons shall thereupon be so admitted, and shall be considered as such to all intents and purposes whatever.

of Clection, or

returning of ficer.

to try the

merits of such

petitions, &c.

Committee to a $30. And be it enacted, that at the hour apbe appointed pointed by the house for taking such petition into consideration, the house shall proceed to appoint a select committee to try the merits. thereof, according to the directions of the above recited acts, and of this act; and such select committee shall be sworn to try and determine the merits of such petition, so far as the same relate to any question or questions respecting the right of election for the place to which the

(a) See post, 34 Gco. 3. c. 83.

petition shall relate, or respecting the right of 28 Geo.3.c.52. appointing, nominating, or choosing, the return

of committee

clusive in all

ing officer or returning officers who are to make return of such election; and the determination determination of such committee on such question or ques- to be entered tions, shall be entered on the journals of the on journals, house, and shall be held and taken to be final and to be conand conclusive in all subsequent elections of subsequent members of parliament for that place to which the same shall relate, and to all intents and poses whatever; any usage to the contrary notwithstanding.

pur

elections.

$31. 31. "And whereas it is amongst other 2 Geo. 2. c. 24. "things enacted, by an act passed in the second $4, "year of the reign of his late majesty king

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George the second, intituled, An act for the "more effectual preventing bribery and cor"ruption in the clections of members to serve "in parliament, that such votes shall be deem"ed to be legal which have been so declared by "the last determination in the house of com"mons; which last determination concerning any county, shire, city, borough, cinque port, "or place, shall be final to all intents and purposes whatever, any usage to the contrary not"withstanding;" be it enacted, that so much of the said act as is above recited shall be, and the same is hereby repealed, in so far only as the same relates, or might be construed to re-election, sublate, to any such determination to be made in sequent to the house of commons subsequent to the passing of this act.

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repealed in as relate to env determination; as to right of

far as it may

passing this

act.

§32. And be it enacted, that all and every Rules, &c. of the rules, regulations, authoritics, and powers, be in force

recited acts to

with respect to

28 Geo.3.c. 52. prescribed or given by the above-recited acts, or by this act, to select committees for the trial committees ap- of controverted elections or returns, shall be in pointed under, full force and effect with respect to select com

this act.

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Committees

not to be dissolved by the

parliament,

mittees appointed by virtue of this act, for the trial of such question or questions of right as aforesaid, in as full and ample a manner as if the same were herein repeated, and particularly and specially enacted, concerning such select committees: Provided always, that the several rules and regulations herein before enacted, by which certain persons are directed to enter into recognizances, and by which certain persons are made liable to the payment of costs, in the particular manner, and in the several cases hereinbefore specified, shall not be construed to apply to the case of any petition presented in pursuance of this act, and relating solely to any question or questions respecting the right of clection, or of choosing, nominating, or appointing, a returning officer or returning officers.

§ 33. And be it further enacted, that whenever it shall happen that parliament shall be prorogation of prorogued while any select committee shall be sitting for the trial of any such petition as aforesaid, and before they shall have reported to the house their determination thereon, such committee shall not be dissolved by such probut to adjourn rogation, but shall be thereby adjourned to to the day fol- twelve of the clock on the day immediately folwhich parlia lowing that on which parliament shall meet meet for dis. again for the dispatch of business, (Sundays, patch of busi- Good Friday, and Christmas-day, always ex

lowing that on

ment shall

ness, &c.

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