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alter the time
tendance of the members:
house to be counted.
Till 100 be
But not with- into consideration within fourteen days after the appointin 14 days after appoint
ment of the committee of privileges. ment of com- 3. PROVIDED also, That the house may alter the day and mittees of pri hour so appointed for taking such petition into considera.
tion, and appoint some subsequent day and hour for the on like notice same as occasion shall require ; giving to the respective
parties the like notice of such alteration, and order to attend on the said subsequent day and hour, as aforesaid.
4. AND be it further enacted, That at the time appointed
for taking such petition into consideration, and previous to Serjeant at"
the reading of the order of the day for that purpose, the serthe reading of jeant at arms shall be directed to go with the mace to the the order of places adjacent, and require the immediate attendance of the day, to re. quire the at- the members on the business of the house; and that after
his return the house shall be counted, and if there be less At his return, than one hundred members present, the order for taking
such petition into consideration shall be immediately ad. For want of journed to a particular hour on the following day, (Sunday 100 members, and Christmas-day always excepted ;) and the house shall to adjourn.
then adjourn to the said day; and the proceedings of all committees, subsequent to such notice from the said ser. jeant, shall be void ; and, on the said following day, the house shall proceed in the same manner; and so from day
to day, till there be an attendance of one hundred members present.
at the reading of the order of the day, to take such petition into consideration.
5. And be it further enacted, That if after summoning the In presence of members, and counting the house as aforesaid, one hundred The petition
members shall be found to be present, the petitioners, by ers, &c. to be themselves, their counsel, or agents, and the counsel or ordered to the agents of the sitting members, shall be ordered to attend at
the bar, and then the door of the house shall be locked, and no member shall be suffered to enter into or depart from the house until the petitioners, their counsel, or agents, and the counsel or agents for the sitting members, shall be directed to withdraw, as hereinafter is mentioned; and when the door shall be locked as aforesaid, the order of the day shall be read, and the
names of all the members of the house, written or Names of the printed on distinct pieces of parchment or paper, being
all as near as may be of equal size, and rolled up in
the same manner, shall be put in equal numbers into six glasses; to be drawn álter- boxes or glasses, to be placed on the table for that purpose, nately, and
and shall there be shaken together; and then the clerk or speaker, till clerk assistant attending the house shall publicly draw out 49 be drawn. of the said six boxes or glasses, alternately, the said pieces
of parchment or paper, and deliver the same to the speaker, to be by him read to the house; and so sball continue to do, until forty-nine names of the members then present be drawn.
6. PROVIDED always, That if the name of any member election,
who shall have given his vote at the election so complained or complain- of as aforesaid, or shall be a petitioner complaining of an
undue election or return, or against whose return a petition shall be then depending, or whose return shall not have
members to be put into six boxes or
read by the
Voting menbers at the
served be in
been brought in fourteen days, shall be drawn; his name to be set aside. shall be set aside, with the names of those who are absent from the house.
7. PROVIDED also, That if the name of any member of sixty All above 60 years of age or upwards be drawn, he shall be excused from years old ex
cused, serving on the select committee, to be appointed as hereinafter is mentioned, if he require it, and verify the cause of such requisition upon oath.
8. Provided also, That if the name of any member who Or those who has served in such select committee during the same session have served be drawn, he shall, if he require it, be excused from serving mittees in the again in any such select committee, unless the house shall,
same session, before the day appointed for taking the said petition into consideration, have resolved, that the number of members number who
tuless the who have not served on such select committee, in the same have pot session, is insufficient to fulfil the purposes of this act, re- Suificient. specting the choice of such select committee.
9. PROVIDED always, That no member, who after having Members exbeen appointed to serve in any such select committee shall, not be deemed on account of inability or accident, have been excused from to have serr
ed, attending the same throughout, shall be deemed to have served on any such select committee.
10, AND be it further enacted, That if any other member Members shall offer and verify upon oath any other excuse, the sub- other excuses, stance of the allegations so verified upon oath shall be allegation to
be entered. taken down by the said clerk, in order that the same may be afterwards entered on the journals, and the opinion of the house shall be taken thereon ; and if the house shall resolve, house resolve
if that the said member is unable to serve, or cannot without that they are great and manifest detriment serve, in such select commit- unable, &r. tee, he also shall be excused from such service.
cused, 11. AND be it further enacted, That instead of the mem- Instead of bers so set aside and excused, the names of other members whom others shall be drawn; who may, in like manner, be set aside or complete the excused, and others drawn to supply their places, until the number 49, whole number of forty-nine members, not liable to be so set aside or excused, shall be complete; and the petitioners, or Petitioners their agents, shall then name one, and the sitting members, may nanie or their agents, another, from among the members then pre- ting members sent, whose names shall not have been drawn, to be added another, to those who shall have been so chosen by lot.
12. PROVIDED always, That either of the members so nominated shall or may be set aside, for any of the same causes who may for as those chosen by lot; or shall, if he require it, be excused set aside, or from serving on the said select committee; and the party excused, who nominated the member so set aside or excused, shall and others nominate another in his stead, and so continue to do as often as the case shall happen, until his nominee is admitted.
13. And be it further enacted, That as soon as the said forty-nine members shall have been so chosen by lot, and Door to be the two members to be added thereunto shall have been so the house inay nominated as aforesaid, the door of the house shall be opened, proceed on
other business. and the house may proceed upon any other business; and lists of the forty-nine members so chosen by lot shall then
are to be ex.
to be then given to the
clerk are to
one hour to
der them to meet in 24
Lists of the 49 be given to the petitioners, their counsel, or agents, and the
counsel or agents for the sitting members, who shall imme. petitioners, diately withdraw, together with the clerk appointed to atWho with the tend the said select committee; and the said petitioners and
sitting members, their counsel or agents, beginning on the withdraw, and to strike off part of the petitioners, shall alternately strike off one of the one alternate- said forty-nine members, until the said number shall be renumber be re- duced to thirteen; and the said clerk, within one hour at quced to 13: furthest from the time of the parties withdrawing from the Clerk within
house, shall deliver in to the house the names of the thirteen deliver a list members then remaining: and the said thirteen members, ;
together with the two members nominated as aforesaid, and they with shall be sworn at the table, well and truly to try the matter Shall be sworn of the petition referred to them, and a true judgment to give select com- according to the evidence; and shall be a select committee
to try and determine the merits of the return or election ap-
and the house shall order the said select committee to meet Tlouse to or- at a certain time to be fixed by the house, which time shall
be within twenty-four hours of the appointment of the said hours. select committee, unless a Sunday or Christmas-day shall
intervene: and the place of their meeting and sitting shall
14. PROVIDED always, That on the parties withdrawing
committee shall be fixed. Petitioners, 15. Provided always, and be it further enacted, That if that any inem upon the drawing out of the name of any member by lot, as ber drawn is aforesaid, the said petitioners or sitting members, or their intended for a
agents, shall declare, that such member is intended to be
one of the two nominess to be nominated by them respectiveand member ly, and if such member shall consent to such nomination, the consenting thereto,
name of such member so drawn by lot shall be set aside, he is to serve and, unless objected to as aforesaid, he shall serve as such another to be nominee, and the name of another member shall be drawn drawn to sup- to supply his place, to complete the number of forty-nine ply his place ; members to be drawn by lot; and if the said petitioners or
sitting members, or their agents, shall not respectively noplest of Dentiminate a member then present, who shall be admitted acciencies to be cording to the directions of this act, then the want of such supplied by
nomination shall be supplied, by drawing out, instead there-
to the lists of the said forty-nine members, and shall be
the number of fifteen members in the whole, and no more,
as a select committee for the purposes aforesaid. Previous to 16. AND, for the greater dispatch and certainty in the taking petition proceeding herein-before described, be it further enacted,
ug of com
But on ne.
in the year
in the year
That the names of all the members so written and rolled up into con
sideration, as herein-before directed, shall, previous to the day appointed for taking any such petition into consideration, be prepared by the said clerk, or clerk assistant, and by him Clerk to put put into a box or parcel, in the presence of the speaker, to the members gether with an attestation, signed by the said clerk, or drawn into a clerk assistant, purporting that the names of all the mem- and attest the bers were by him put therein the
day of samewhich said box or parcel the speaker shall seal with his own Speaker to seal; and to the outside thereof shall annex an attestation, seal the same, signed by himself, purporting, that the said box or parcel inaking up was on the day of
thereof in bis
presence. made up in his presence, in the manner directed by this act; and that as soon as the parties shall be withdrawn as aforesaid, and before the house shall enter on any Names of other business, any member may require, that the names of drawn may be all the members, which remain undrawn, shall be drawn, read by the
. and read aloud by the said clerk or clerk assistant.
17. AND be it further enacted, That the said select committee shall, on their meeting, elect a chairman from among Chairman to such of the members thereof as shall have been chosen by be elected out lot; and if in the election of a chairman there be an equal chosen by lot. number of voices, the member whose name was first drawn
On equality, in the house shall have a casting voice; so likewise in case member first there should ever be occasion for electing a new chairman, drawn to have on the death, or necessary absence of the chairman first voice. elected.
18. And be it further enacted, That the said select com- Select committee shall have power to send for persons, papers, and mittered to records; and shall examine all the witnesses who come be- send for perfore them upon oath ; and shall try the merits of the return, Examine witor election, or both; and shall determine, by a majority of nesses, voices of the said select committee, whether the petitioners And deteror the sitting members, or either of them, be duly returned mine tinally. or elected, or whether the election be void; which determination shall be final between the parties to all intents and purposes; and the house, on being informed thereof by House therethe chairman of the said select committee, shall order the firm, or alter same to be entered in their journals, and give the necessary the return; directions for confirming or altering the return, or for the issuing a new writ for a new election, or for carrying the Or issue writ said, determination into execution, as the case may require. tion."
19. And be it further enacted, That the said select com- Select committee shall sit every day (Sunday and Christmas-day only ex
adjourn for cepted) and shall never adjourn for a longer time than twenty- more than 24 four hours, unless a Sunday or a Christmas-day intervene, leave. without leave first obtained from the house, upon motion, and special cause assigned for a longer adjournment: and if house then in case the house shall be sitting at the time to which the ness to be said select committee is adjourned, then the business of stayed, the house shall be stayed, and a motion shall be made for And motion a further adjournment, for any time to be fixed by the house, made for tur
ther adjourn. not exceeding twenty-four hours, unless a Sunday or Christ- ment. mas-day intervene.
mittee not to
not to be
Select committee-man not to be ab. sent
20. AND be it further enacted, That where the time preChristmas-day scribed by this act for the meeting, sitting or adjournment intervening
of the said select committee, shall, by the intervention of a deemed in
Sunday or Christmas-day, exceed twenty-four hours, such meeting, sitting, or adjournment, shall be within twentyfour hours from the time of appointing or fixing the same, exclusive of such Sunday or Christmas-day.
21. And be it further enacted, That no member of the
said select committee shall be allowed to absent himself without from the same, without leave obtained from the house, or leave, an excuse allowed by the house at the next sitting thereof, to sit, till all, on special cause shewn and verified upon oath ; and the who have not said select committee shall never sit, until all the members On failure of to whom such leave has not been granted, nor excuse alin one a meeting with: lowed, are met; and in case they shall not all meet within
one hour after the time to which the said select committee journment to shall have been adjourned, a further adjournment shall be reported,' with made in the manner as before directed, and reported, with
the cause thereof, to the house. thereof.
22. AND be it further enacted, That the chairman of the Chairman, at next meeting said select committee shall, at the next meeting of the to report ab- house, always report the name of every member thereof who sentees,
shall have been absent therefrom without such leave or exwho are to be cuse as aforesaid ; and such member shall be directed to directed to at- attend the house at the next sitting thereof, and shall then be sitting;
ordered to be taken into the custody of the serjeant at arms
attending the house for snch neglect of his duty, and otherand be censur: wise punished or censured at the discretion of the house, at discretion, unless it shall appear to the house, by facts specially stated
and verified upon oath, that such member was, by a sudden unless absence accident, or by necessity, prevented from attending the proved una. voidable. said select committee.
23. And be it further enacted, That if more than two
members of the said select committee shall on any account attend, committee to ad- be absent therefrom, the said select committee shall adjourn;
journ in the manner herein-before directed; and so from time to time, until thirteen members are assembled.
24. And be it further enacted, That in case the number, days, then to of members able to attend the said select committee shall, be dissolved by death or otherwise, be unavoidably reduced to less than chosen;
thirteen, and shall so continue for the space of three sitting days, the said select committee shall be dissolved, and another chosen to try and determine the matter of such pe
tition in manner aforesaid ; and all the proceedings of the ceedings to be said former select committee shall be void, and of no ef.
fect. Resolutions of 25. And be it further enacted, That if the said select
committee shall come to any resolution other than the determination of termination above mentioned, they shall, if they think complaint,
proper, report the same to the house for their opinion, at may be report the same time that the chairman of the said select committee
shall inform the house of such determination; and the and the house house may confirm or disagree with such resolution, and order thereon. make such orders thereon, as to them shall seem proper.
26. Provided always, That if any person summoned by
If 13 do not