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iny such Ship as aforesaid, or to any other Person, in respect of iny Breach of any Contract made by or on the Behalf of any such Passenger or other Person with the Master or Owner thereof.
VII. And for the more effectually securing the due Observance Master of of the aforesaid Rules, and the Payment of the Penalties afore- Vessel to enter said, be it further enacted, That before any Ship carrying Pas- the due Pero sengers shall clear out for any such Voyage as aforesaid from any formance of the Port or Place in the United Kingdom, or in the said Islands of Regulations Guernsey, Jersey, Alderney, or Sark, or in the Isle of Man, to or prescribed by for any Port or Place in His Majesty's Possession on the Continent this Act. or Islands of North America, the Master of the said Ship shall enter into a Bond to His Majesty, His Heirs and Successors, with one good and sufficient Surety, to be approved by the Collector or other Chief Officer of Customs at such Port, in the Sum of One thousand Pounds, the Condition of which Bond shall be, that the said Ship is sea-worthy, and that all and every the Rules and Regulations made and prescribed by this Act for the Carriage of Passengers shall be well and truly performed before and during
such intended Voyage, and that all Penalties, Fines, and For** feitures which the Master of such Ship may be sentenced or adjudged to pay for or in respect of the Breach or Non-performance, before or during such Voyage, of any such Rules and Regulations,
shall be well and truly paid : Provided always, that such Bond as aforesaid shall be without Stamps; and that no such Bond shall
be put in Suit; and that no Prosecution, Suit, Action, or Inform- Limitation of tation shall be brought under or by virtue of this Act, or upon or
Actions. i by reason of the Breach of any of the Provisions thereof, in any
of His Majesty's Possessions Abroad, after the Expiration of
Twelve Calendar Months next succeeding the Commencement of is any such Voyage as aforesaid, nor in the
United Kingdom or any of the Islands before mentioned, after the Expiration of Twelve
Calendar Months next after the Return of the Master to the Port i or Place from which he sailed on such Voyage.
VIII. And be it further enacted, That nothing in this Act con- Not to extend tained shall extend or be construed to extend to any Ship in the to Post Office Service of His Majesty's Postmaster General.
Ships. IX. And be it further enacted and declared, That the Bahama Nor to the Ba. the Islands, and His Majesty's Possessions in the West Indies,
nor the West and shall not be deemed or taken to be comprised within the Pro
Indies. visions aforesaid, or any of them.
re not hama Islands
CA P. XXII.
Trial of controverted Elections or Returns of Members
[23d May 1828.]
it therefore enacted by the King's most Excellent Majesty, b: and with the Advice and Consent of the Lords Spiritual and Tea poral, and Commons, in this present Parliament assembled, en
by the Authority of the same, That the said Act passed in tin: Repeal of
Tenth Year of the Reign of His late Majesty King George the 10G.3. c. 16. Third, intituled An Act to regulate the Trials of controverted Eie
tions or Returns of Members to serve in Parliament; also an Ac.
passed in the Eleventh Year of the Reign of His late Majesti 11 G. 3. C, 42. intituled An Act to explain and amend an Act made in the les
Session of Parliament, intituled · An Act to regulate the Trials
* liament;' also an Act passed in the Fourteenth Year of the 14 G. 3. c. 15. Reign of His late Majesty, intituled An Act for making perpetua
Two Acts passed in the Tenth and Eleventh Years of the Reiga His present Majesty, for regulating the Trials of controverted Elec tions or Returns of Members to serve in Parliament ; also so much
of an Act passed in the Twenty-fifth Year of the Reign of He Part of late Majesty, intituled An Act to limit the duration of Polls ces 25 G.3. c. 84. Scrutinies, and for making other Regulations touching the Electia
of Members to serve in Parliament for Places within England as: Wales, and for Berwick-upon-Tweed, and also for removing D:ficulties which may arise from want of Returns being made of Me bers to serve in Parliament, as relates to the Appointment of a Select Committee to take into Consideration the Petition of any Person claiming to have had a Right to vote, or to have been entitled to have been declared duly elected, where no Return has been made to any Writ issued for the electing of any Member or Members to serve in Parliament, on or before the Day on which such Writ is made returnable, or within Fifty-two Days after the Day on which such Writ bears Date, if such Writ be issued during any Session or Prorogation of Parliament, or where the Return be not according to the Requisition of the Writ, but contains special Matters only concerning the Election ; also to the Notices to be given of the Meeting of such Committees, and to the Manner in which the Trials of such Petitions are to be regulated, and the Mode in which Parties entitled to be returned may proceed against any Sheriff or Returning Officer, in case a Select Com. mittee shall have determined that such Sheriff or Returning Of. ficer had wilfully delayed or neglected or refused to make such
Return ; also an Act passed in the Twenty-eighth Year of the Part of Reign of His late Majesty, intituled An Act for the further Re28 G. 3. c. 52. gulation of the Trials of controverted Elections or Returns of Mem
bers to serve in Parliament, except in so far as the same relates to the Repeal of so much of an Act passed in the Second Year of the Reign of His Majesty King George the Second, intituled An Ad for the more effectual preventing Bribery and Corruption in the
Election of Members to serve in Parliament, as enacts that such Votes shall be deemed legal which have been so declared by the last Determination in the House of Commons, and that such last Determination concerning any County, City, Borough, or
Place, shall be final; also an Act passed in the Thirty-second 32 G. 3. c. 1.
Year of the Reign of His late Majesty, intituled An Act to extend the Provisions of certain Acts of Parliament made to regulate the Trials of controverted Elections or Returns of Members to serve in
Parliament ; also an Act passed in the Thirty-fourth Year of the
of controverted Elections or Returns of Members to serve in Par' liament,' as relates to the Time of presenting certain renewed Petitions, and taking the same into Consideration ; also an Act passed in the Thirty-sixth Year of the Reign of His late Majesty, intituled An Act for the more effectual Execution of several Acts of 36 G.3. c. 59. Parliament, made for the Trials of controverted Elections or Returns of Members to serve in Parliament ; also an Act passed in the Forty-second Year of the Reign of His late Majesty, intituled An 42 G. 3. c.84. 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 ; also an Act passed in the Forty-seventh Year of the Reign of His late Majesty, intituled An Act to revive and make perpetual, and to amend, an Act made 47G. 3. c. 1. in the Forty-second Year of His present Majesty, for the further
Regulation of the Trials of controverted Elections or Returns of - Members to serve in Parliament, and for expediting the Proceed
ings relating thereto; also so much of an Act passed in the Fortyseventh Year of the Reign of His late Majesty, intituled An Act Part of to amend several Acts for regulating the Trial of controverted Elec- 47 G.3. c. 14. tions or Returns of Members to serve in Parliament, so far as the same relate to Ireland, as enacts, that the Order for taking into
Consideration any Petition relative to the Trial of any contro1 verted Election or Return in Ireland shall not be discharged
until the Expiration of Twenty-eight Days after such Petition : shall have been presented to the House of Commons, by reason
that the Recognizance required by an Act made in the Twentyeighth Year of His late Majesty's Reign, intituled An Act for the further Regulation of the Trials of controverted Elections or Returns of Members to serve in Parliament, was not received by the Speaker under the Provisions of the said recited Act; also an Act passed in the Fifty-third Year of the Reign of His late Majesty, intituled An Act for amending and rendering more effectual 53 G. 3. c.71. the Laws for the Trials of controverted Elections and Returns of Members to serve in Parliament ; be hereby repealed.
II. And be it enacted, That whenever a Petition complaining Upon Comof an undue Election or Return of a Member or Members to serve plaint made to in Parliament (or complaining that no Return has been made to the House of
Commons of an any Writ issued for the Election of any Member or Members to
undue Election i serve in Parliament on or before the Day on which such Writ is
or Return, or made returnable, or if such Writ be issued during any Session or that no Return Prorogation of Parliament, that no Return has been made to the has been made,
same within Fifty-two Days after the Day on which such Writ a Time to be 's bears Date, or that any Return is not according to the Requisi, dering thereof,
tion of the Writ, or complaining of the Special Matters contained and Notice in any such Return,) shall be presented to the House of Commons given. within such Time as shall be from time to time limited by the House, a Day and Hour shall be appointed by the said House for taking the same into Consideration, and Notice thereof in Writing shall be forthwith given by the Speaker to all Parties so petitioning, and to the sitting Members, and to any Parties who may E
have petitioned to be permitted to defend any such Election or Return, and where no Return has been made, or the specia Matter of the Return, or the Conduct of any Returning Office. is complained of, to the Returning Officer or Officers, acconpanied with an order to the Parties to attend the House at the Time appointed, by themselves, their Counsel or Agent.
III. And be it enacted, That the House may alter the Day and alter the Time, Hour so appointed for taking any such Petition into Consideration, giving the like and appoint some subsequent Day and Hour for the same, as OeOrder.
casion shall require, giving to the respective Parties the like No
tice of such Alteration, accompanied with an order to attend on If Petitioners
such subsequent Day and Hour as aforesaid; and if within One do not attend Hour after the Time fixed in the Manner hereinafter directed for at the Time
calling in the respective Parties, their Counsel or Agents, for the required, the
Purpose of proceeding to the Appointment of a Select Committee, Order to be discharged.
the Petitioner or Petitioners, or some one or more of them who shall have signed any such Petition, shall not appear, by himself or themselves, or by his or their Counsel or Agents, the Order for taking such Petition into Consideration shall thereupon be discharged, and such Petition shall not be any further proceeded
upon. No Petition to IV. And be it enacted, That no such Petition shall be probe proceeded ceeded
upon, unless the same, at the Time it is presented to the
House, shall be subscribed by some Person or Persons claiming subscribed as herein men
therein to have had a Right to vote at the Election to which the tioned. same shall relate, or to have had a Right to be returned as duly
elected thereat, or alleging himself or themselves to have been a Candidate or Candidates at such Election, or claiming therein to have had a Right to vote at the Election of any Delegate or Commissioner for choosing a Burgess for any District of Burghs in that Part of Great Britain called Scotland to which the same
shall relate. Recognizances V. And be it enacted, That no Proceeding shall be had upon to be entered any such Petition, unless the Person or Persons subscribing the into by Peti- same, or some one or more of them, shall, within Fourteen Days tioners, and
after the same shall have been presented to the House, or within Sureties, to pay such further Time as shall be limited by the House, personally Costs.
enter into a Recognizance to our Sovereign Lord the King, according to the Form hereunto annexed, in the Sum of One thousand Pounds, with Two sufficient Sureties in the Sum of Five hundred Pounds each, or Four sufficient Sureties in the Sum of Two hundred and fifty Pounds each, for the Payment of all Costs, Expences, and Fees which shall become due to any Witness summoned in behalf of the Person or Persons so subscribing such Petition, or to any Clerk or Officer of the House, upon the Trial of such Petition, or to any Party who shall appear before the House, or any Committee of the House, in opposition to such Petition, in case such Person or Persons shall fail to appear before the House at such Time or Times as shall be fixed by the House for taking such Petition into Consideration; or in case such Petition shall be withdrawn by the Permission of the House ; or in case such Committee shall report to the House, that such Petition appears to them to be frivolous or vexatious ; and if at the Expiration of the said Fourteen Days such Recognizance shall
not have been entered into, or shall not have been received by
the Speaker of the House of Commons, or the Time for entering * into or receiving such Recognizance shall not previously have Eta been enlarged, the Speaker shall report the same to the House, ha and the Order for taking such Petition into Consideration shalí gere thereupon be discharged, unless upon special Report of the Exett. aminers into the Sufficiency of the Sureties, or upon Matter
Cez specially stated and verified upon Oath to the Satisfaction of the ne le House, the House shall see cause, either to enlarge the Time for
2. entering into such Recognizance, or to allow the Names of any ler tosuch Sureties to be changed; and whenever such Time shall be life so enlarged, or Name of any such Surety shall be changed, the her Order for taking such Petition into Consideration shall, if necesAges sary, be postponed, so that no such Petition shall be taken into lect le Consideration till after such Recognizance shall have been enre of t: tered into and received by the Speaker: Provided always, that pear. b. the Time for entering into such Recognizance shall not be enents o larged more than once, or for any Number of Days exceeding I there Thirty, nor the Name of any proposed Surety be more than once rtber se changed.
VI. And be it enacted, That on the Day when any such Peti. Names of en sbzition shall be presented, or on the next Day at furthest, the Pe- Sureties to be
delivered to resenta titioner or Petitioners shall deliver or cause to be delivered, in
the Clerk of ersobi c Writing, to the Clerk of the House of Commons, the Names, the House of on tor together with the Additions and usual Places of Residence, of the Commons. eturnet: Persons who are proposed to become such Sureties, which Names es to be shall be entered in a Book to be kept by the said Clerk in his Claiming: Office, open to the Inspection of all Parties concerned.
VII. And be it enacted, That the said Recognizances shall be Recognizances strict d'i entered into before the Speaker of the House of Commons, who to be entered
is hereby authorized and empowered to take the same; and the into before the
Sufficiency of the Sureties named therein shall be judged of and Speaker, and Il be bui allowed by the said Speaker, on the Report of Two Persons ap- of Sureties to subscrise pointed by him to examine the same, of which Two Persons the be allowed by Fourtee. Clerk or one of the Clerks Assistant of the House of Commons him, on the shall always be one, and one of the following Officers, not being Report of the
Persons herein a Member of the said House, shall be the other; (that is to say,)
mentioned. d the Ke Masters of the
High Court of Chancery, Clerks in the Court of e Sum $ King's Bench, Prothonotaries in the Court of Common Pleas, and he Sun: Clerks in the Court of Exchequer; and the said Persons so apin the pointed are hereby authorized and required to examine the same,
and to report their Judgment thereupon, and are also hereby
authorized to demand and receive such Fees for şuch Examinubscribersation and Report as shall be from time to time fixed by any Re
solution of the House of Commons: Provided always, that Seven Seven Days to
examined. the Sufficiency of the Sureties shall be examined as hereinbefore
VIII. And be it enacted, That if the Party or Parties who are Parties or to enter into such Recognizance, or his or their Sureties, or either Sureties living of them, shall reside at a greater Distance from London than Forty Miles from Miles, it shall and may be lawful for such Party or Surety re- London may
House, et Duse,
d by the
Case SE the House
atious ; 13 cognizant