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to entitle the party to costs.
examined copy of the entries in the journals of the house of commons, of the resolution or resolutions of the said select committee or committees, shall be deemed full and sufficient evidence in support of such action of debt, Provided always, That in every such action of debt, no wager of law, or more than one imparlance shall be allowed; and the party or parties in whose favour judgment shall be given in any such action, shall recover his or their costs. 24. AND be it further enacted, That in every case where ing costs may the amount of such costs and expences shall have been so recover a pro- recovered from any person or persons, it shall and may be portion therelawful for such person or persons to recover in like manner other persons from the other persons, or any of them, if such there shall be, who shall be liable to the payment of the said costs and expences, a proportionable share thereof, according to the number of persons so liable.
of from any
such right to
in writing; and the com
When the me- 25. AND be it further enacted, That whenever any such rits of petiselect committee, appointed to try the merits of any such tions depend on questions petition as aforesaid, shall be of opinion that the merits of respecting the such petition do wholly or in part depend on any question or questions which shall be before them respecting the statements of right of election for the county, city, borough, district of be delivered burghs, or other place to which such petition shall relate, or respecting the right of chusing, nominating, or appointmittee to re- ing the returning officer or returning officers, who is or are port, with their to make return of such election, the said committee, in on the merits such case, shall require the counsel or agents for the seof the petition, veral parties, or if there shall be none such before them, ment on such shall then require the parties themselves to deliver to the clerk of the said committee, statements in writing of the right of election, or of chusing, nominating, or appointing returning officers, for which they respectively contend; and the committee shall come to distinct resolutions on such statements, and shall, at the same time that they report to the house their final determination on the merits of such petition, also report to the house such statement or statements, together with their judgment with respect thereto; and such report shall thereupon be entered in the journals journals, and of the house, and notice thereof shall be sent by the notice thereof speaker to the sheriff or other returning officer of the place returning off to which the same shall relate; and a true copy of such notice shall, by such sheriff or other returning officer, be forthwith affixed to the doors of the county hall, or town hall, or of the parish church nearest to the place where such election has usually been held; and such notice shall also be inserted, by order of the speaker, in the next London Gazette.
Report to be
entered in the
sent to the
months after such report, petition to be
26. AND be it enacted, That it shall and may be lawful within twelve for any person or persons, at any time within twelve kalendar months after the day on which such report shall have been made to the house, or within fourteen days after the day of the commencement of the next session of parliament after that in which such report shall have been made to the house, to petition the house to be admitted as a party or parties to oppose that right of election, or of
admitted to oppose the
right of election, &c. thereby esta blished.
chusing, nominating, or appointing the returning officer or returning officers, who is or are to make return of such election, which shall have been deemed valid in the judgment of such committee.
mittee to be
27. AND be it enacted, That if no such petition shall be But if no such so presented within the time above limited for presenting be presented, shall the same, the said judgment of such committee, on such the judgment question or questions, shall be held and taken to be final of the comand conclusive in all subsequent elections of members of conclusive. parliament for that place to which the same shall relate, and to all intents and purposes whatsoever; any usage to the contrary notwithstanding.
28. AND be it enacted, That whenever any such petition Forty days to shall be so presented, a day and hour shall be appointed tween the preby the house for taking the same into consideration; so senting and that the space of forty days at the least shall always inter- hearing such vene between the day of presenting such petition and the see, as to reday appointed by the house for taking the same into con- tions, 34 G. 3. sideration; and notice of such day and hour shall be in- c. 83. serted, by order of the speaker, in the next London Gazette, and shall also be sent by him to the sheriff or other returning officer for the place to which such petition shall relate; and a true copy of such notice shall, by the said sheriff or other returning officer, be forthwith affixed to the doors of the county hall, or town hall, or of the parish church nearest to the place where such election has usually been held.
29. AND be it enacted, That it shall and may be lawful Before the for any person or persons, at any time before the day so petitions, any appointed for taking such petition into consideration, to person may petition the house to be admitted as a party or parties to admitted to defend such right of election, or of chusing, nominating, or defend such appointing the returning officer or returning officers; and tion, &c. such person or persons shall thereupon be so admitted, and shall be considered as such to all intents and purposes whatever.
right of elec
shall be con
30. AND be it enacted, That at the hour appointed by the Committee to be appointed house for taking such petition into consideration, the house to try the meshall proceed to appoint a select committee to try the merits rits of such thereof, according to the directions of the above-recited whose deteracts, and of this act; and such select committee shall be minations sworn to try and determine the merits of such petition, so clusive. 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 chusing, the returning oflicer or returning officers who are to make return of such election; and the determination of such committee on such question or questions, shall be entered in the journals of 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 whatever, any usage to the contrary notwithstanding.
31. AND whereas it is amongst other things enacted, by
in part recit
2 Geo. 2. c. 24, an act passed in the 2d year of the reign of his late majesty, king George the Second, intituled, An act for the more effectual preventing bribery and corruption in the elections of members to serve in parliament, that such votes shall be deemed to be legal which have been so declared by the last determination in the house of commons; which last determination concerning any county, shire, city, borough, cinque port, or place, shall be final to all intents and purposes whatever, any usage to the contrary notwithstanding: And repealed Be it enacted, That so much of the said act as is above in as far as it recited shall be, and the same is hereby repealed, in so far any determi- only as the same relates, or might be construed to relate, to quent to pass- any such determination to be made in the house of commons subsequent to the passing of this act.
ing this act.
be in force
Rules, &c. of 32. AND be it enacted, That all and every the rules, rerecited acts to gulations, authorities, or powers, prescribed and given by with respect the above-recited acts, or by this act, to select committees to committees for the trial of controverted elections or returns shall be in appointed un- full force and effect with respect to select committees appointed by virtue of this act for the trial of such question or questions of right as aforesaid, in as full and ample a manner as if the same were herein repeated, and particularly and specially enacted, concerning such select committees: Provided always, That the several rules and retouching regulations herein-before enacted, by which certain persons and payment are directed to enter recognizances, and by which certain of costs not to persons are made liable to the payment of costs, in the partions relating ticular manner, and in the several cases herein-before spesolely to ques- cified, shall not be construed to apply to the case of any petition presented in pursuance of this act, and relating solely to any question or questions respecting the right of election, or of chusing, nominating, or appointing a returning officer or returning officers.
apply to peti
ing right of lection.
not to be dissolved by the prorogation of parliament.
33. AND be it further enacted, That whenever it shall happen that parliament shall be prorogued while any select committee shall be sitting for the trial of any such petition as aforesaid, and before they shall have reported to the house their determination thereon, such committee shall not be dissolved by such prorogation; but shall be thereby adjourned to twelve of the clock on the day immediately following that on which parliament shall meet again for the dispatch of business, (Sundays, Good-Friday and Christmas-day, always excepted,) and all former proceedings of the said committee shall remain and continue to be of the same force and effect as if parliament had not been so prorogued; and such committee shall meet on the day and hour to which it shall be so adjourned, and shall thenceforward continue to sit from day to day, in the manner provided in the above recited acts, and in this act, until they shall have reported to the house their determination on the merits of such petition,
Form of the Recognizance referred to in this Act.
"Be it remembered, That on the day of
in the year of our Lord before me A. B. [speaker of the house of commons] or [one of his majesty's justices of the peace for the county of
C. D. E. F. and J. G. and severally acknowledged themselves to owe to our sovereign lord the king the following sums; that is to say, the said C. D. the sum of two hun- dred pounds, and the said E. F. and the said J. G. the sum of one hundred pounds each, to be levied on their respective goods and chattels, lands, and tenements, to the use of our said sovereign lord the king, his heirs and successors, in case the said C. D. shall fail in performing the condition hereunto annexed.
The condition of this recognizance is, that if the said C. D. shall duly appear before the house of commons, at such time or times as shall be fixed by the said house for taking into consideration the petition signed by the said C. D. complaining of an undue election or return for the [Here specify the county, city, borough, or district of burghs] or, complaining that no return has been made for the said [ ] of [ within the time limited by act of parliament, or, that the return made for the said ] of [ ] is not a return of a member or members according to the requisition of the writ, and shall appear before any select committee which shall be appointed by the house of commons for the trial of the same, and shall renew his said petition in every subsequent session of this present parliament, until a select committee shall have been appointed by the said house for the trial of the same, or until the same shall have been withdrawn by the permission of the said house; then this recognizance to be void, otherwise to be of full force and effect.
ANNO 300 GEORGII III. CAP. 35.
An Act to explain and amend an Act passed in the 20th Year of the Reign of his present Majesty, touching the Election for Knights of the Shire to serve in Parliament for that Part of Great Britain called England.
A. D. 1790.
WHEREAS an act was passed in the 20th year of the reign 20 Geo. 3. c. of his present majesty intituled, An act to remove cer- 17, and tain difficulties relative to voters at county elections,' whereby it is, among other things, enacted, That from and after the 1st day of January, 1781, no person shall vote for electing of any knight or knights of the shire to serve in parliament, within that part of Great Britain called England, or the principality of Wales, in respect of any mes
22 Geo. 3. c. 31. recited.
tenant's name is not in the assessment.
suages, lands, or tenements, which have not, for six kalendar months next before such election, been charged or assessed towards some aid granted, or to be granted to his majesty, his heirs or successors, by a land tax, (in case any such aid be then granted and assessable), in the name of the person or persons who shall claim to vote at such election for or in respect of any such messuages, lands, or tenements, or in the name of his or their tenant or tenants, actually occupying the same as tenant or tenants of the owner or landlord thereof:
AND whereas the form of assessment prescribed by the said act, and thereunto annexed, denotes that the names, both of the proprietor and of the occupier, ought to be specified; and doubts have arisen, whether, if such form be not strictly pursued, the suffrage of the person claiming to vote be admissible :
AND whereas an act was passed in the 22d year of his present majesty's reign, intituled, 'An act for the preventing of bribery and corruption in the election of members to serve in parliament for the borough of Cricklade, in the county of Wilts,' whereby it is enacted, That such freeholders only shall be entitled to vote in the election of members to serve in parliament for the said borough of Cricklade, as shall be duly qualified to vote at elections for knights of the shire for the county of Wilts, according to the laws in force for regulating county elections at the time of passing the same act.
Be it therefore enacted, &c. That nothing in the said acts vote, although contained shall extend or be construed to extend, to prevent any person from voting at any election of a knight or knights of a shire to serve in parliament within that part of Great Britain called England, or the principality of Wales, or at any election of a burgess or burgesses to serve in parliament for the borough of Cricklade, in the county of Wilts, for or in respect of any messuages, lands, or tenements, which have been charged or assessed for six kalendar months next before such election, towards some aid granted, or to be granted to his majesty, his heirs or successors, by a land tax, in the name of the person claiming to vote, or for or in respect of any messuages, lands, or tenements, to which the person so claiming to vote shall have become entitled by descent, marriage, marriage settlement, devise, promotion to any benefice in a church, or promotion to any office, within twelve kalendar months next before such election, and which messuages, lands, or tenements, shall have been within two years next before such election charged or assessed to the land tax, in the name of the person or persons by or through whom such person so claiming to vote shall derive his title to such messuages, lands, or tenements, or of some predecessor of such person so claiming to vote, although the name of the tenant or tenants actually occupying such messuages, lands, or tenements, shall not be inserted in such assessment, according to the form of assessment to the said first recited act annexed.