Time for trial appointed. Statement. Matters of form first disposed of. Opened by counsel. Lists of voters objected to, and objectious. is done by the majority, the first drawn member being invested with the casting voice. SECTION 5. Trial of Petition. They then appoint a time for meeting to try the petition, which on their first assembling is read to them by the clerk of the House of Commons. If it involve the question of the right of election, or appointment of the returning officer, a statement must be delivered to the clerk of the House by the parties. SECTION 6. Previous to the discussion of merits all preliminary objections of form to the right to proceed must be disposed of. The petitioner's case is then opened by his leading counsel, who is considered bound in point of proof by the statements opened to guard against surprise. The parties objecting to voters must, for the same reason, deliver lists of the objected persons to the clerk of the House; and the objections are to be kept by him in his office for inspection by the parties who support the votes, and such lists must be delivered ten days before the day for considering the petition in case of county elections, and five days in case of other elections; and counsel and the evidence are confined to objections in the list. [S. 14.] Witnesses are called and evidence given on both Evidence. sides. counsel. Only two counsel are heard upon each side, but Hearing parties interested other than candidates or electors may be heard by one counsel. The committee determine by a majority. SECTION 7. Majority decide. tion reported. The select committee having heard the petition, Determinareport thereon to the House their final determination on the merits. report. The report is to be made on three points; either Points of upon the merits of the petition, the merits of the return, or the merits of the case; that is, the committee either condemn or justify the proceeding of the petitioner, or the opposition of the defendant, by declaring the petition on the opposition to have been frivolous or vexatious, or both, or if no party appeared to oppose the petition, whether the return or non-return was vexatious and corrupt, or after full discussion, on a well-founded petition fairly opposed, the right of election and the validity of the return were established or not supported. petition. If the petition or the opposition be reported Report on frivolous and vexatious, the party against whom the report is made, is fixed with all the costs without appeal. A determination on the merits of the case on the On the merits. right of election and validity of the return, deter Entry of determination. mines the right of the member returned to a seat in the House. That determination is then entered on the journals of the House and is conclusive till appealed from; and if not appealed from within six months, or in case of dissolution or recess during that time, within fourteen days after the next meeting of the House, is final. Such is the nature and course of a PETITION to the House of Commons against a Return to Parliament. As the determinations of returning officer and assessors were heretofore thus brought under the revising consideration of the House, so will now the decisions of the revising barrister, and the merits of the electors' claims, whether brought forward by the voters for election, or the candidates for Parliament. The ultimate appeal therefore is still as heretofore, to the House itself, and the Representatives of the People are yet to decide in the last resort upon the legitimacy of the REPRESENTATION. CHAPTER XVII. PENALTY OF £500 BY ACTION AGAINST ALL PERSONS SECTION 1. Penal Clause. against per vening the By the 76th Section a right of action of debt is Action of given, to be brought in any Court at Westminster, debt given for recovery, with full costs, of a penal sum of £500 sons contra(subject to reduction by the jury) against any she- act. riff, returning officer, barrister, overseer, or any person whatsoever who shall wilfully contravene or disobey the provisions of the Act or any of them, with respect to any matter or thing which such sheriff, returning officer, barrister, overseer, or other person is thereby required to do. aggrieved. The right of suing is thereby limited by proviso To parties to persons aggrieved, electors, candidates, and members returned; and it is also provided that as to the returning officer the remedy given shall not supersede any other remedy or action against him under any existing law. omission in It is observable, in passing, that the officers, &c. Material subjected by this section to the penal consequences the penal clause. S.LXXVIII. of their conduct, are not surrounded by any of the usual provisions for their protection, either by requiring notice of action to be given to the defendant, to afford opportunity of redress or tender of amends, or repressing vexatious or unfounded proceedings by the ordinary amercement of treble costs, &c. which, whether casual or designed, is an unusual omission of material importance. SECTION 2. Exceptions from Operation of Act. The two Universities of Oxford and Cambridge are expressly excepted out of the provisions of the Act, whether qualifying or disqualifying, both with bridge not to respect to the election of members, and the voting, the act, whe- as electors, by persons in respect of occupation of ther of mem- chambers, &c. in halls and colleges. and Cam be affected by bers or voters. S. LXXIX. Concluding clauses. SECTION 3. Interpreting Proviso and concluding Clauses. This clause is followed by Section 79, providing for the use and signification of certain terms employed throughout the Act. On this clause an observation occurs, which it may be of use to make, that the attention of the Legislature may be drawn hereafter to the subject, and that, if necessary, it may be explained or altered. It is questionable whether the words city or borough there made to include all towns corporate are also made to include the corporate counties. This is the |