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without Leave Twenty-four Hours, unless a Sunday, Christmas Day, or Gerary &c.
Friday intervene, and in such Case not for more than Twenty-fyz Fria
the Day appointed for the Meeting of the House. Committee XLIII. And be it enacted, That no Member of any such Selec: *2. zit: Man not to Committee shall be allowed to absent himself from the same
Dia vec absent himself. without Leave obtained from the House, or an Excuse allowed. 3cze sł
by the House at the next Sitting thereof, on special Cause shore than Committee and verified upon Oath; and such Select Committee shall nere: Dat not to sit until sit until all the Members to whom such Leave has not bee 17 And be all be met. granted, nor Excuse allowed, are met; and in case they shal net On Failure all meet within One Hour after the Time to which such Select a salon of meeting Committee shall have been adjourned, a further Adjournmese Detersi within One shall be made, in the Manner as before directed, and reported
, Matter of Hour, Adjournment to be
with the Cause thereof, to the House.
XLIV. And be it enacted, That the Chairman of every suchen both Chairman to
Select Committee shall at the next Meeting of the House always report Absen
report the Name of every Member thereof who shall have been werbe tees, who are to absent therefrom without such Leave or Excuse as aforesaid, and be directed to such Member shall be directed to attend the House at the next attend, &c.
Sitting thereof, and shall then be ordered to be taken into the
tending the said Select Committee. If more than XLV. And be it enacted, That if more than Two Members of Two Members any such Select Committee shall on any Account be absent therebe absent, Com- from, such Select Committee shall adjourn in the Manner herein
before directed, and so from time to time, until Nine Members de direc journ.
are assembled, except as is hereafter provided.
XLVI. And be it enacted, That in case the Number of Mem. I and be If any Committee is re- bers able to attend any such Select Committee shall, by Death or duced to less than Nine by
otherwise, be unavoidably reduced to less than Nine, and shall so
continue for the Space of Three sitting Days, such Select Com <map the Non-attendance of its mittee shall be dissolved, and another chosen to try and determine Members, it the Matter of such Petition in manner aforesaid ; and all the Proshall be dis
ceedings of such former Select Committee shall be void and of no solved, except
Effect: Provided always, that whenever any such Committee shall
have sat for Business Fourteen Days, not including those Days
ay Member, nor including Sunday, Christmas Day, or Good 'riday, it shall and may be lawful for them to proceed to Business, 'a Number of Members not less than Eight be present; and in uch Case the Committee shall not be dissolved by reason of the Absence of the Members, unless the Number of Members able o attend the same shall, by Death or otherwise, be unavoidably educed to less than Eight, and shall so con nue for the Space of Chree sitting Days; and whenever any such Committee shall in ike Manner have sat for Business Twenty-five Days, or shall have irected any Commission to be issued for the Examination of vidence in Ireland, under the Provisions of an Act passed in the orty.second Year of the Reign of His late Majesty, and intituled In Act for regulating the Trial of controverted Élections or Re- 42 G.3. c. 106, urns of Members to serve in the United Parliament for Ireland, : shall and may be lawful for them to proceed to Business, if á Number of Members not less than Seven be present; and in such Case the Committee shall not be dissolved by reason of the Absence of the Members, unless the Number of Members able to attend the same shall, by Death or otherwise, be unavoidably reluced to less than Seven, and shall so continue for the Space of Three sitting Days.
XLVII. And be it enacted, That whenever any such Select When ComCommittee shall think it necessary to deliberate among themselves mittee is deliupon any Question which shall arise in the Course of the Trial, or berating, the
Room to be apon the Determination thereof, or upon any Resolution concern
cleared, &c. ing the Matter of the Petition referred to them as aforesaid, as soon as such Select Committee shall have heard the Evidence and Counsel on both Sides relative thereto, the Room or Place in which they shall sit shall be cleared, if they shall think proper, whilst the Members of such Committee consider thereof; and all such Questions, as well as such Determinations, and all other Resolutions, shall be by a Majority of Voices; and if the Voices shall be equal, including the Voice of such Chairman, the Chairman shall have a casting Voice.
XLVIII. And be it enacted, That no Determination shall be No Determinmade by any such Committee on any Question whatsoever, save ation to be made and except such as may arise in consequence of the Absence of by any Com
mittee unless any Member, unless the Number of Members hereinbefore re.
the requisite quired be present : Provided always, that no Member shall be Number of entitled to vote on the Determination of any Question, who has Members are not attended during every Sitting of such Committee, except such present. at which the Committee shall have met and adjourned in manner hereinbefore directed, in consequence of the Absence of such Member.
XLIX. And be it enacted, That the Oaths by this Act directed How Oaths are to be taken in the House shall be administered by the said Clerk to be adminis. or Clerk Assistant, and that the Oaths directed by this Act to be tered, &c. taken before any Select Committee shall be administered by the Clerk attending such Select Committee ; and that all Persons who shall be guilty of wilful and corrupt Perjury in any Evidence which they shall give before the House or such Committee, in consequence of the Oath which they shall have taken by the Direction of this Act, shall on Conviction thereof incur and suffer the like Pains and Penalties to which any other Person convicted
of wilful and corrupt Perjury is liable by the Laws and Stat
of this Realm. When the L. And be it enacted, That whenever
Committee appoint Merits of a
to try the Merits of any such Petition as aforesaid shall be Petition depend on Questions
Opinion that the Merits of such Petition do wholly or in Pa respecting the depend on any Question or Questions which shall be before de Right of Elec- respecting the Right of Election for the County, City, Borou: tion, &c. Com- District of Burghs, Port, or other Place to which such Petite mittee to require shall relate, or respecting the Right of choosing, nominating, Writing of such appointing the Returning Officer or Returning Officers who is Rights, and to are to make Return of such Election, the said Committee in se report thereon, Case shall require the Counsel or Agents for the several Part: &c.
or if there shall be none such before them, shall then require te Parties themselves, to deliver to the Clerk of such Comm.tr Statements in Writing of the Right of Election, or of choose, nominating, or appointing Returning Officers, for which they it spectively contend; and the Committee shall ome to distinci Be solutions on such Statements, and shall, at the same Time the they report to the House their final Determination on the Menu of such Petition, also report to the House such Statement a Statements, together with their Judgment with respect theret and such Report shall thereupon be entered in the Journals of D House, and Notice thereof shall be sent by the Speaker to the Sheriff or other Returning Officer of the Place to which the ser: shall relate, and a true Copy of such Notice shall, by such Sher: or other Returning Officer, be forthwith affixed to the Doors ei the County Hall or Town Hall, or of the Parish Church neares: to the Place where such Election has usually been held, and such Notice shall also be inserted, by Order of the Speaker, in Ode e
the Two next London Gazettes. Petitions of LI. And be it enacted, That whenever any such Report with Appeal may be respect to such Rights, any or either of them, shall be made to presented to the the House, it shall and may be lawful for any Person or Person House within
within Six Months next after the Day on which such Report she Six Months after a Report have been made to the House, or in case such Six Months sha bas been made end between the Time when the present or any future Parliames! on any Right shall be dissolved or shall expire and the Day on which the per of Election,&c. Parliament shall meet, or in case such Six Months shall expir.
luring any Recess, either by the Prorogation of Parliament, or by the Adjournment of the House of Commons for Fourteen Days intervening between the Day of Adjournment and the Day to which the House shall be so adjourned, then within Fourteen Days next after the first Day of the next Parliament, or of the next Session of the same Parliament, or of the next Meeting of the House of Commons, as the Case may be, to petition the House to be admitted as a Party or Parties to oppose those Rights, either of them, which shall have been deemed valid in the Judg: ment of such Committee ; and that such Petition, when presented shall be ordered by the House to lay on the Table till such Sir Months, or such Fourteen Days as aforesaid, shall be expired; and that within Twenty-one sitting Days after the Expiration of such Six Months, or Fourteen Days, a Day and Hour shall be appointed by the House for taking the same into Consideration, so that the Space of Fourteen Days at the least shall always in
crvene between the Day on which such Order shall be made and ne Day appointed by the House for taking the same into Conderation; and such Day and Hour may from time to time be Itered as to the House shall seem fit; and Notices of such Day nd Hour, and of such Alteration thereof, shall be sent to the everal Persons who have petitioned the House respecting such Lights, in like Manner as is done in other Cases : Provided alays, that if no such Petition shall be so presented within the 'imes above limited for presenting the same, the said Judgment f such Committee on such Question or Questions shall be held ad taken to be final and conclusive in all subsequent Elections
Members of Parliament for that place to which the same shall late, and to all Intents and Purposes whatsoever; any Usage to le contrary notwithstanding.
LII. And be it enacted, That whenever a Day or Hour shall be Notice of the ppointed by the House for taking any such Petition into consid- Time fixed for ration, Notice of such Day and Hour shall be inserted, by Order taking Petitions
into Considerif the Speaker, in One of the Two next London Gazettes, and
ation to be in. lso shall be sent by him to the Sheriff or other returning Officer serted in the or the Place to which such Petition shall relate ; and a true Copy Gazette, and of such Notice shall, by the said Sheriff or other Returning Officer, sent to ReturnDe forthwith affixed to the Doors of the County Hall or Town ing Officers, &c. Iall, or of the Parish Church nearest to the place where such Election has usually been held.
LIII. And be it enacted, That it shall and may be lawful for Who may be iny Person or Persons, at any Time before the Day so appointed admitted Paror taking such Petition into Consideration, to petition the House ties to defend o be admitted as a Party or Parties to defend such Right of the Right of Election, or of choosing, nominating, or appointing the Returning Election, &c. Officer or Officers; and such Person or Persons shall thereupon be so admitted, and shall be considered as such to all Intents and Purposes whatever.
LIV. And be it enacted, That at the Hour appointed by the Committees of House for taking such Petition into Consideration, the House Appeal, how shall proceed to appoint a Select Committee to try the Merits to be appointed; thereof, in the same Manner as Select Committees are hereinbefore by this Act directed to be appointed : Provided always, that if the Name of any Member shall be drawn who shall have served on the Select Committee whose Determination forms the Subject of Complaint in the Petition then about to be taken into Consideration, the Name of such Member shall not be entered in the List of Names drawn ; 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 Petition shall relate or respecting the Right of appointing, nominating, or choosing the Returning Officer or Returning Officers who are to make Return of such Election ; and the Determination of such Committee their Determinon such Question or Questions shall be entered in the Journals of ation to be final the House, and 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; any Usage to the Contrary notwithstanding.
9 Geo. IV.
Powers and LV. And be it enacted, That all and every the Rules, Rega's Petra Regulations tions, Authorities, or Powers prescribed and given by this Ace 3 given to other
Select Committees for the Trial of controverted Elections or Reti 2 Election Com.
turns, shall be in full Force and Effect with respect to Seles
Rules and Regulations hereinbefore mentioned, by which certzi
Officer or Returning Officers.
have been presented, but shall not have been taken into Consid-
on the Merits of such Petition. Costs, when LVII. And be it enacted, That whenever any Committee apincurred by pointed to consider the Merits of any Petition complaining of a Car Petitioners, &c. undue Election or Return, or of the Omission to return any Mem
ber or Members to Parliament, shall report to the House with
Expences to be ascertained in the Manner hereinafter directed. Costs, when LVIII. And be it enacted, That whenever such Committee incurred by shall report to the House, with respect to the Opposition made Parties oppos- to such Petition by any Party or Parties who shall have appeared ing Petitions,
before them, that such Opposition appeared to be frivolous or &c. vexatious, the Person or Persons who shall have signed such