XXIII. And be it further enacted, That if more than two members of the said select committee fhall on any account be abfent therefrom, the faid felect committee fhall adjourn in the manner herein before directed; and fo, from time to time, until thirteen members are affembled.

By 28 G. 3. c. 52. f. 17.if a committee shall have fat twelve members may proceed for bufinefs fourteen days, therein; and if twenty five days, eleven members may proceed; and in fuch cafe, the committee not diffolved, unless the numbers reduced under eleven, for three fitting days.

XXIV. And be it further enacted, That in cafe the number of members able to attend the faid felect committee fhall, by death or otherwife, be unavoidably reduced to less than thirteen, and fhall fo continue for the space of three fitting days, the faid felect committee fhall be diffolved, and another chofen to try and determine the matter of fuch petition in manner aforefaid; and all the proceedings of the faid former felect committee shall be void, and of no effect.

XXV. And be it further enacted, That if the faid felect committee fhall come to any refolution other than the determina

tion above mentioned, they fhall, if they think proper, report the fame to the Houfe for their opinion, at the fame time that the chair

By 28 G. 3. c. 52. S. 18, 19.-committee may report fence appear to them frivowhether the petition or de

lous or vexatious.

J. 25-directs how to proceed when they report upon ing a returning-officer; and the right of election, or chuffee the remaining fections of the notice given on fuch report, and the proceedings by petition in confequence of it.

By f. 20. -fuch perfons figning the petition may re

cover

man of the faid felect committee fhall inform the Houfe of fuch determination; and the House may confirm or difagree with fuch refolution, and make fuch orders thereon, as to them fhall feem proper.

cover full cofts incurred in
profecuting it.

J. 21. Where no party ap-
pears in oppofition to petition,
the costs fhall be paid by the
fitting members, if they have
not given notice of their in-
tending not to defend the fame,
or against fuch parties as come
in (under the 2d jection) to
defend fuch petition.

J. 22.-prefcribes the mode of taxing the cofts, and by' whom.

J. 23.-They must be paid on demand, or may be recovered by action of debt, Sc.

J. 23.-Perfons paying cofts may recover a proportion over.

XXVI. Provided always, That if any per- via. note on fon fummoned by the faid felect committee, f. 18. fhall difobey fuch fummons; or if any witness before fuch felect committee fhall prevaricate, or fhall otherwife mifbehave in giving, or refuling to give evidence; the chairman of the faid felect committee, by their direction, may at any time, during the courfe of their proceedings, report the fame to the House, for the interpofition of their authority or cenfure, as the cafe fhall require.

XXVII. And be it further enacted, That whenever the faid felect committee fhall think it neceffary to deliberate amongst themselves, upon any queftion which fhall arife in the courfe of the trial, or upon the determination. thereof, or upon any refolution concerning the matter of the petition referred to them as aforefaid; as foon as the faid felect committee fhall have heard the evidence and counsel on both

6

both fides relative thereunto, the room or place wherein they fhall fit fhall be cleared, if they fhall think proper, while the members of the faid felect committee confider thereof; and all fuch questions, as well as fuch determination, and all other refolutions, fhall be by a majority of voices; and if the voices fhall be equal, the chairman fhall have a cafting voice.

XXVIII. Provided always, That no fuch determination as aforefaid fhall be made, nor any question be proposed, unless thirteen members fhall be prefent; and no member fhall have a vote on fuch determination, or any other question or refolution, who has not attended during every fitting of the said select committee.

XXIX. And be it further enacted, That the oaths by this Act directed to be taken in the Houfe, fhall be administered by the said clerk or clerk-affiftant, in the fame manner as the oaths of allegiance and fupremacy are administered in the House of Commons; and that the oaths by this Act directed to be taken before the faid felect committee, fhall be administered by the clerk attending the faid felect committee; and that all perfons who fhall be guilty of wilful and corrupt perjury in any evidence which they fhall give before the Houfe, or the faid felect committee, in confequence of the oath which they fhall have taken by the direction of this A&t, fhall, on conviction thereof, incur and fuffer the like pains and penalties to which any other perfon,

perfon, convicted of wilful and corrupt perjury, is liable by the laws and ftatutes of this realm.

XXX. And be it further enacted, That this Act fhall continue in force feven years, and till the end of the feffion of Parliament next after the expiration of the faid feven years, and no longer.

(Enlarged by 11 Geo. 3. c. 46. Made perpetual by 14 Geo. 3. c. 15.)

No. II.

Anno 11° Geo. III. Cap. 42.

An Act to explain and amend an Alt, made in the laft Seffion of Parliament, intituled, An A&t to regulate the Trials of controverted Elections, or Returns of Members to ferve in Parliament.

W HEREAS an Act was paffed in the last feffion of parliament, intituled, An A&t to regulate the trials of controverted elections, or returns of members to ferve in Parliament: And whereas further provifions may be neceffary to prevent all obftructions and difficulties, which in certain cafes may arife in the execution of the faid Act; be it therefore enacted by the King's most excellent Majefty, by and with the advice and confent of the Lords Spiritual and Temporal,

[B]

Temporal, and Commons, in this prefent Parliament affembled, and by the authority of the fame, That from and after the paffing of this Act, if feveral parties, on diftinct interefts or grounds of complaint, fhall present separate petitions, complaining of an undue election, or return of a member or members to ferve in Parliament, the fame notices and orders fhall be given to all fuch parties, or their refpective agents, as by the faid A&t are directed to be given to the fitting members, or the petitioners therein mentioned, or their respective agents.

II. And be it further enacted, That the claufe in the faid Act which provides, that no petition fhall be taken into confideration within fourteen days after the appointment of the committee of privileges, be repealed; and that from henceforth no petition, complaining of an undue election, or return of a member or members to ferve in Parliament, fhall be taken into confideration within fourteen days after the commencement of the feffion of Parliament in which it is prefented, nor within fourteen days after the return to which it relates, fhall be brought into the office of the clerk of the crown.

III. And be it further enacted, That if at the time of drawing by lot the names of the members, in manner prescribed by the faid Act, the number of forty-nine members, not fet afide nor excufed, cannot be completed, the House shall proceed in the manner they are directed by the faid Act to proceed, in cafe there be lefs than one hundred members

prefent