tended for a

his consenting

42 Geo.3.c.84. this act, to attend within the house upon any member is in other petition, shall declare, that such member is intended to be one of the two nominees nominated by them respectively; and if such member shall consent to such nomination, the name of such member so drawn shall be set aside, and another member shall be drawn to supply his place, to complete the number of forty-nine to be drawn by lot.

so to be, his name to be set

aside, and auother drawn.

Where two or

to be taken into consideration on the

same day, and by reason of

tendance suc

cessive lists cannot be formed upon all, the house may proceed as

§ 5. Provided also, that if two or more such more petitions petitions are to be taken into consideration on the same day, and it shall happen, by reason that a sufficient number of members liable to serve are not present in the house, that succesinsufficient at sive lists cannot be formed, in manner aforesaid, upon all such petitions; yet the house may nevertheless proceed to form the list or lists, and appoint the select committee or committees upon one or more such petitions, as far as they are enabled so to do by the number of members present, and may, after such appointment, other business, proceed to any other business; and the order or orders for taking the remaining petition or petiand the orders, tions into consideration shall be adjourned, as directed by the said recited acts, in cases where petitions cannot be taken into consideration on the day appointed for want of sufficient attendance,

far as enabled by the number

present, and proceed to

&c.

&c. to be ad

jonrned.

Parties, as soon as 49 names drawn

§ 6. Provided always, and be it further enacted, that it shall be lawful for the petitioners and other parties, and their counsel or agents, to withdraw from the house as soon as the lists of forty-nine names shall have been drawn, in may retura re- order to form the committee for the trial of

to form committee, may withdraw,

clerk appoint

ed to attend

between any

such petition respectively; and for the clerk 42 Geo.3.c.84. appointed to attend the said committee, to re- duced list in turn the reduced list in the time intervening the interval between any two ballots; and the members re- two ballots; maining upon any of the said reduced lists, to- members regether with the two members who shall be ap- such lists, and pointed as nominees, shall be sworn at the table, nominees, may and shall be at liberty forthwith to depart from part. the house.

maining on

thereupon de

when more than two par

tinct interests,

members re

11 Geo. S.

nominees till

§ 7. Provided also, and be it further enacted, On petition that when, on a complaint by a petition of an undue election or return, there shall be more ties before the than two parties before the house on distinct in-house on disterests, or complaining or complained of upon &c. the 13 different grounds, the thirteen members returned men to the house, by virtue of the aforesaid act, tue of the passed in the eleventh year of his present ma- c. 42, not to jesty's reign, shall not choose their nominees choose their until all the other select committees to be ballotted for on that day shall have been sworn: ballotted for provided also, that if two or more committees on that day shall be appointed on the same day, to decide If two or more on any petition whereon there shall be more pointed on the than two parties as aforesaid before the house, same day, to the committee which shall have been first bal- tion where lotted for shall have the preference in the choice more than two of members to serve as nominees (a).

sworn.

committees ap

decide on peti

such parties, committee first ballotted for to have preference in

may be attend.

§ 8. And be it further enacted, that every choosing nosuch committee appointed for the trial and de- minces. termination of any petition under and by virtue Committees of the said recited acts, and of this act, shall or ed by a shortmay be attended by a person well skilled in the hand writer. art of writing short hand, who shall be espe

(4) See 47 Gco. 3. sess. 1. c. 1. §2.

42 Geo.3.c.84. cially appointed by the clerk of the house of commons for the time being, and sworn by the chairman faithfully and truly to take down, in short hand, the evidence adduced before the said committee, and from day to day, as occasion may require, to transcribe, or to cause the same to be transcribed, in words at length, for the use of the said committee.

Continuance of act.

the 47 Geo. 3.

9. And be it further enacted, that this act (Perpetual, by shall continue in force two years, and from thence till the end of the session of parliament next after the expiration of the said two years, and no longer (a).

acss. 1. c. 1.

$ 1.)

42 Geo. 3. c.84,

The Stat. 47 Geo. 3. Sess. 1. c. 1.

An Act to revive and make perpetual, and to amend an Act, made 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 Proccedings relating thereto.

"WHEREAS it is expedient that an act, made "in the forty-second year of the reign of his

(a) For the stat. 42 Geo. 3. c. 106,"An act for regulating the trial of controverted elections or returns of members

to serve in the united parliament for Ireland," see ante, cccxxxviii.

66

1. c. 1.

present majesty, intituled, An act for the 47 Geo. 5. sess. further regulation of the trials of contro"verted elections, or returns of members to "serve in parliament, and for the expediting "the proceedings relating thereto, which was "to continue in force two years, and from "thence till the end of the session of parlia"ment next after the expiration of the said two years, and no longer, should be revived and "made perpetual:" 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 the said recited act shall, from and after the passing of this act, be, and the same is hereby revived, and the said recited act shall revived and be, and the same is hereby made perpetual.

made perpetual.

13 members

are to

§2. Provided always, and be it enacted, that Wherever the whenever, on any complaint by petition, under or by virtue of any act or acts for the regulation choose nomiof the trials of controverted elections, or returns nees, nee or nomiof members to serve in parliament, it shall happen that the thirteen members returned to the house of commons under the directions of the said acts, or any or either of them, shall be entitled, by virtue of any regulations or provisions in any of the said recited acts, to choose two members or one member (as the case may require) to be added to the thirteen members for the completion of the committee to try such petition, such such choice not thirteen members shall not choose such two til all committo be made unmembers or one member to be added as afore- tees to be ballotted for on said, until all the other select committees to be that day, ballotted for on that day (in the appointing of wherein the

1. c. 1.

point nomi

&c.

Committees where the 13

47 Geo. 3. sess. which the parties before the house shall name two members to be added to the members drawn parties to ap- by lot) shall have been sworn, if such commitnees are sworn, tees, or any of them, can be completed: provided also, that if two or more committees shall be ballotted for on the same day, for the comare so to ap- pletion of which it shall happen that the thirpoint, to have teen members returned to the house shall be enpreference in appointing no- titled to choose two members or one member as minces accord- aforesaid, then the thirteen members on the committee or committees which shall have been first ballotted for, shall have the preference successively in choosing such member or members for the completion of such committee or committees (a).

ing to order of ballot.

(a) For the stat. 47 Geo. 3. sess. 1. c. 14, "An act to amend several acts for regulating the trial of controverted

elections or returns of members to serve in parliament, so far as the same relate to Ireland," see ante, ccclxxix.