36 Geo. 3.c.59. been adjourned: provided always, that in case the forty-nine members, not set aside nor ex- If the 49 cancused, cannot be completed, it shall not be lawful for the house to proceed upon any of the matters before mentioned, until the door of the house is unlocked, and the parties, their counsel and agents, are withdrawn from the bar. not be com- until door lock &c.withdrawn. petition order. to proceed to than what is previous to until 100 mem⚫ § 2. Provided always, and be it enacted, that On day when the house shall not, on any day when any such ed to be taken petition or petitions shall be ordered to be taken into considerainto consideration, proceed to any other busi- tion, house not ness (other than such as may, by virtue of any business (oth act of parliament, be proceeded on previous to allowed by act the reading of the order of the day for taking of parliament any such petition or petitions into considera- reading order tion) until there be an attendance of one hun- for the same) dred members, or until the number of forty-nine bers present, members, not set aside nor excused, shall be or 49 completed, except completed, other than and except to the calling as herein. over of the house, adjourning such call, or ordering a call of the house on a future day, and making such orders relative thereto as they shall think fit, or such other orders as to them shall seem expedient for enforcing the attendance of the members on the business of the house, in the manner before mentioned. 10 Geo. 8. c.16. 11 Geo. 3. c.42. The Stat. 42 Geo. 3. c. 84. An Act for the further Regulation of the Trials of controverted Elections, or Returns of Members to serve in Parliament; and for expediting the Proceedings relating thereto. "WHEREAS, by an act of parliament, passed "in the tenth year of the reign of his present majesty, intituled, An act to regulate the "trials of controverted elections, or returns of members to serve in parliament, certain "regulations were established, for a time therein "limited, for the trials of controverted elec"tions, or returns of members to serve in par"liament: And whereas, by an act passed in the eleventh year of the reign of his present ma"jesty, intituled, An act to explain and amend an act, made in the last session of parliaii ment, intituled, An act to regulate the trials of “controverted elections, or returns of members "to serve in parliament, further regulations were made therein: And whereas the provisions of the said acts were, by an act passed 14 Geo.3.c.15. “in the fourteenth year of the reign of his pre"sent majesty, continued and made perpetual: 25 Gco.3.c.84. "And whereas, by an act passed in the twenty"fifth year of the reign of his present majesty, intituled, An act to limit the duration of polls and scrutinies, and for making other "regulations touching the clection of members "to serve in parliament, for places within 42 Geo.3. c.84. 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, the provisions of the said acts were extended, in "the manner therein mentioned, to petitions "complaining that no return had been made to "a writ issued for the election of a member or "members to serve in parliament, within the "times limited in the said act, or that such a "return was not a return of a member or mem bers, according to the requisition of the writ: "And whereas, by an act passed in the twenty- 28 Geo. 3.c.5. eighth year of the reign of his present ma"jesty, intituled, An act for the further regu "lation of the trials of controverted elections, or returns of members to serve in parliament, "certain other regulations were made for the "execution of the above-recited acts, and for discouraging persons from presenting frivolous. "or vexatious petitions, or setting up frivolous "or vexatious defences, in any of the cases "to which the said acts relate, and for the final "decision of questions respecting the rights of "voting at such elections, or of nominating or appointing the returning officer or returning "officers who are to preside thereat: and where"as it is expedient that further regulations "should be made for giving dispatch to the exe"cution of certain parts of the said several acts,' Be it therefore 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 authority of the same, that from and after this present session of parliament, where to be taken in day, all the tend at the drawn to form first commit tee, 42 Geo.S.c. 84. two or more petitions under and by virtue of the When two or said recited acts, or any of them, are to be taken more petitions into consideration by the house of commons on to considera- the same day, it shall and may be lawful, after tion the same summoning the members, and counting the parties may be house, in the manner directed by the said recited ordered to at- acts, to order all the petitioners and other parties, same time, and by themselves, their counsel, or agents, to atafter 49 names tend within the house at the same time, before the door shall be locked, and after the list of forty-nine names of the members present hath been drawn by lot, and completed, in order to form the first committee, according to the direction of the said recited acts, it shall and may be lawful to proceed forthwith, and before the door of the house shall be opened, except for the purpose hereinafter mentioned, to draw by lot, and complete in like manner, out of the same 49 to be drawn boxes or glasses, another list of forty-nine names in like manner of the remaining members present, in order to form the second committee, according to the to form the second, said directions; and in the same manner to draw by lot and complete, successive lists of and so on toties forty-nine names of the remaining members quoties. Nominees to be severally appointed, as if only one committee formed. present, in order to form the third and fourth, or such other number of committees as may be requisite for the trial of such petitions; and the select committees for the trial and determination of such petitions, and the nominees thereto, shall then severally be appointed according to the rules, directions, and regulations of the said recited acts, in like manner as if only one list of forty-nine names had then been formed. § 2. Provided always, that it shall not nor formed for more than one less 120 mem lists for more 200 present; may be lawful to proceed, in manner aforesaid, 42 Geo.3.c.84. to form successive lists, in order to form more Successive than one of such committees, unless one hun- lists not to he dred and twenty members. shall be present in the house at the time of counting the same; nor committee, unto form successive lists, in order to form more bers present, than two such committees, unless two hundred nor successive members shall then be present in the house; than two comnor to form successive lists, in order to form mittees, unless more than three such committees, unless two nor for more hundred and seventy members shall then be pre-committees, sent in the house; nor to form successive lists, unless 270 prein order to form more than four such commit- sent; tees, unless three hundred and sixty members than four, unshall then be present in the house; nor to successive lists, in order to form more than such committees, unless four hundred sixty members shall then be present in house. form than three nor for more sent; less 360 prefive nor for more than five, unand less 460 prethe sent. sive lists form § 3. Provided always, that in case the house Where successhall proceed, in manner aforesaid, to form suc-ed for two or cessive lists, in order to form two or more such more committees, any mem❤ committees, and any member whose name is ber excused drawn shall be excused for some reason which for a reason applying to applies especially to any one petition, the name only one petiof such member shall be returned into the box tion, may be or glass from whence it has been taken, so that others. it may be again drawn by lot upon any of the following petitions. drawn upon being drawn, $4. Provided also, and be it further enacted, Any member that if, upon drawing out the name of any mem- and it being ber by lot upon one of such petitions, the peti- declared by a tioners or sitting members, or the agents, who party ordered shall have been ordered, under or by virtue of another peti to attend upon tion, that such |
