(6 28.) 34 Geo. 3. c.83. " oppose the right which has been deemed va"lid in the judgment of such committee; and "that when such petition shall be so presented, "a day shall be appointed by the house for "taking the same into consideration, so that "the space of forty days at the least shall always intervene between the day of presenting "such petition, and the day appointed by the "house for taking the same into consideration: "And whereas the said provision, which directs "that the said space of forty days shall inter vene between the day of presenting such pe"tition, and the day appointed by the house for "taking the same into consideration, hath been "construed to extend to petitions which are renewed in any session or sessions of parlia"ment, subsequent to that in which such peti"tion was originally presented to the house, "which proceeding hath been found to be "inconvenient;" for remedy thereof, 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 authoRenewed peti rity of the same, that every petition, so renewed as aforesaid, shall be presented to the house within fourteen days after the day of the comafter com mencement of any such subsequent session or mercement of sessions of parliament, and not otherwise; and that whenever any such renewed petition shall be so presented, a day and hour, at not less than Time to be ap- fourteen days distance, shall be appointed by taking such in- the house, for taking the same into considerato consideration, any thing in the said act to the contrary thereof notwithstanding. tions herein to be presented to the house within 14 days subsequent ses sion. pointed for tion at not less than 14 days distance. If such peti ons not re §2. And be it further enacted, that if any such petition shall not, from time to time, and 34 Geo.3.c.83. in every session of parliament, until the same newed, judg final. shall be taken into consideration, be so renewed ment of comwithin the time above limited for renewing the mittee to be same, the judgment of such committee on such question or questions, shall be held and taken to be final and conclusive in all subsequent elections of members of parliament for that place to which the same shall relate, and to all intents and purposes whatsoever. The Stat. 36 Geo. 3. c. 59. An Act for the more effectual Execution of several Acts of Parliament, made for the Trials of controverted Elections, or Returns of Members to serve in Parliament. 46 "WHEREAS, by an act passed in the tenth 10 Geo. 3. c.16, year of the reign of his present majesty, in"tituled, An act to regulate the trials of con"troverted elections, or returns of members to serve in parliament, it is enacted, that at the (§4.) "time appointed for taking any petition, complaining of an undue election or return of a "member or members to serve in parliament, "into consideration, and previous to the read"ing the order of the day for that purpose, the "house shall be counted, and that if there be "léss than one hundred members present, the ff 36 Geo.3.c.59. order for taking such petition into considera"tion shall be immediately adjourned to a par"ticular hour on the following day, as therein "mentioned, and the house shall then adjourn "to the said day; and that on the said follow"ing day, the house shall proceed in the same "manner; and so from day to day, till there "be an attendance of one hundred members at "the reading the order of the day to take such 11 Geo.3.c.42.petition into consideration: And whereas, by an act passed in the eleventh year of the reign of his present majesty, for explaining "and amending the said act, it is enacted, that "if at the time of drawing by lot the names "of the members, in manner prescribed by the "said former act, the number of forty-nine "members not set aside nor excused, cannot be "completed, the house shall proceed in the ($3.) 25 Geo.3.c.84. manner they are directed by the said former "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 day to day, as often as the case shall happen: And whereas, by an act passed in "the twenty-fifth year of the reign of his pre"sent majesty, intituled, An act to limit the "duration of polls and scrutinies, and for (10, 11, 12.) 65 making other regulations touching the elec-. "tion of members to serve in parliament, for. "places within England and Wales, and for. "Berwick-upon-Tweed, and also for removing difficulties which may arise for want of returns being made of members to serve in. parliament; and by one other act, made in. "the twenty-eighth year of the reign of his. present majesty, intituled, An act for the. further regulation of the trials of contro 28 Geo.3.c.52. tr "verted elections, or returns of members to 36 Geo.s.c.59. 66 serve in parliament, it is enacted, that pe"titions complaining of the omission, or of the insufficiency of a return to any writ issued. "for the election of any member or members "to serve in parliament, and also the petitions "of any person or persons desiring to oppose any right of election, or the right of choosing, "nominating, or appointing, any returning of "ficer, or returning officers, which shall have "been deemed valid by the determination of "any select committee, shall be taken into con"sideration, tried, and determined, in the same (§ 32.) "manner as petitions complaining of undue elec"tions and returns are directed to be taken into "consideration, tried, and determined, by the "said acts passed in the tenth and eleventh "years of the reign of his present majesty: And "whereas it is expedient that further provision "should be made for the preventing delay in "the appointment of any such select committee, "to be appointed for the purposes aforesaid, "any or either of them," 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 parlia ment assembled, and by the authority of the same, that if, after counting of the house in If there be less the manner before mentioned, there be less than, bers present, one hundred members present, or if the forty or 19 cannot be nine members not set aside or excused cannot be completed, it shall and may be lawful for the house (after the order or orders for taking any such petition or petitions into consideration shall have been adjourned to a particular hour, on the following or such other day as in the than 100 mem completed, after adjourn taking petition into consideras ing order for tion, 36 Geo. S. c.59. said acts is directed), to proceed (in like manhouse may pro- ner as they might have proceeded if there had ceed as if there been no order or orders for taking any such pe had been no such order, upon any or of the house, the same to a future day, and may in either case make orders for enforcing members, adjourning to the such orders ad attendance of tition or petitions into consideration on that der for a call day) upon any order of the day for the call of the house, which shall have been previously fixed for that day, and to direct that the house, in pursuance of such order, be then called over, if they shall so think fit, or to direct that such order of the day for a call of the house shall be or may adjourn adjourned to such future day as they shall appoint, and in either of such cases to come to such resolutions, and to make such orders relating thereto, as are usually at any time made in such cases, or as to them shall seem meet; and in case no order of the day for a call of the house shall have been previously fixed for that day, then it shall and may be lawful for the house to order that the house shall be called over on such future day as they shall appoint, and to make such orders relating thereto as they shall think necessary, and in any case to make such other orders as to them shall seem expedient for enforcing the attendance of the members on the business of the house; and that the house shall then adjourn to the same day to which such order or orders shall have been adjourned, and so from time to time, as occasion shall require; and in case no such proceedings with respect to any call of the house, or other the matters before mentioned shall take place, or if, in the course of those proceedings, the house shall be adjourned for want of members, the house shall be deemed and taken, and shall be declared to be adjourned to the same day to which such order or orders shall have day to which journed. House then to adjourn to day to which or ders adjourn ed. If no such pro ceedings as to call of the house, &c. house to be ad journed to day to which or ders adjourn ed. |