he shall then have so incurred. The clause of the 35 Geo. 3, 35Geo. 3. c. 29. s. 77. Ir. c. 29. Ir. is analogous, which provides (s. 77), that if any person, except a returning officer, clerk of the peace, or treasurer, offending against this act, shall, within 12 calendar months after such offence, discover and convict any other person guilty of a like offence, he shall be indemnified from all penalties and disabilities which he shall have incurred by any such offence. der It is a peculiar provision of the 18 Geo. 2. c. 18. s. 15. Statutes of jeofails extended to Eng. and 19 Geo. 2. c. 28. s. 11. Eng. that all the sta- actions, &c. untutes of jeofails shall extend to all proceedings in any 18 Geo. 2. c.18. action, indictment, or information given by either of s. 15. Eng. these acts. s. 6. 19Geo. 2. c. 28. s. 11. Eng. actions, &c. un der the several election acts. 11. s. 6. Eng. 2 Geo. 2. c. 24. s. 11. Eng. 9 Geo. 2. c, 38. Eng. S 14 Eng. 19Geo. 2. c 28. 31Geo. 2. c. 14. s. 3. Eng. s. 10. Eng. It remains to state the periods of limitation prescribed Limitations, for by the several election acts, for proceedings to recover penalties, &c.:-The limitation by the 7 & 8 W. 3. c. 7. Eng. is two years; and so also by the 2 Geo. 2. c. 24. §. Eng. the party must be legally arrested, or served with writ or process within two years; but the 9 Geo. 2, c, 38. Eng. amends the latter act by introducing a saving "that the service of process be not prevented by the person absconding." The limitation is nine calendar months, by 18Geo 2.c. 18. the 18 Geo. 2. c. 18. s. 14. Eng., and so also by the 19 Geo. 2. c. 28. s. 10. Eng, and 31 Geo. 2. c. 14. s. 3. Eng.; One year by the 3 Geo. 3. c. 15. s. 6. Eng.; and by the 25 Geo. 3. c. 84. s. 15. Eng. all actions, &c. must be s. 6. Eng. commenced within one year after the fact, or six months. 15. Eng. after the conclusion of any proceeding in the house of 3 Geo. 3. c. 24, commons. By the 3 Geo, 3. c. 24. s. 9, Eng. 20 Geo. 3. c. 17. s. 19. Eng, 22 Geo. 3. c. 41. s. 5. Eng. and 22 Geo. 3, c. 45. s. 11. Eng, the limitation is twelve months. And by s. 5. Eng. the 35 Geo. 3. c. 29. s. 78 Ir. all actions, &c. or prose-s. 11. Eng. cutions grounded upon this act shall be commenced, 35 Gro.3. c.29. within one year after the offence shall be committed. 3 Geo 3., 15. 25 Geo.3. c.84. s. s. 9. Eng. 20Geo. 3. c. 17. s. 19. Eng. 22 Geo. 3. c. 41. 22Geo. 3. c.45. s. 78 Ir. § S. Petitions upon controverted 10 Geo.3. c. 16 VIII. With respect to petitions in cases of controverted elections. By the 10 Geo. 3. c: 16. s. 1. Eng. whenever a petition complaining of an undue election or return of a elections. member shall be presented to the house of commons, a s. 1. Eng. day and hour shall be appointed by the house for taking the same into consideration, and notice thereof in writing Undue election shall be forthwith given by the speaker to the petitioners and or return. s. 1. Eng. tions. No return or special return, &c. and sitting members, or their respective agents, accom→ panied with an order to attend the house at the time ap pointed, by themselves, their counsel or agents. And 11 Geo.3. c.42. by the 11 Geo. 3. c. 42. s. 1. Eng. if several parties on distinct interests or grounds of complaint, shall present Separate peti- separate petitions complaining of an undue election or return, the same notices and orders shall be given to all such parties, or their respective agents, as directed by the 10 Geo. 3. c. 16. to be given to the sitting members or the petitioners therein mentioned or their respective 25 Geo.3.c.84. agents. And the 25 Geo. 3. c. 84. s. 10. Eng. further s. 10. Erg. provides for the cases where, upon any writ issued for election of members, no return shall be made to the same on or before the day on which such writ is made returnable; or if a writ shall have been issued during any session or prorogation, and no return shall be made to the same within 52 days after the day on which such writ bears date; or if the return made in either of such cases shall not be a return of members, according to the re-, quisition thereof, but contain special matters only concerning such election, and enacts that in such cases it shall be lawful for any person having had a right to vote at such election, or claiming to have had a right to vote or to be returned as duly elected thereat, who shall think himself aggrieved, to petition the house of commons concerning the same, and upon such petition being presented, a day and hour shall be appointed for taking the same into consideration, and notice thereof in writing shall be forthwith given by the speaker to the petitioners, and to the returning officer, accompanied with an order to them to attend the house at the time appointed, according to 10 Geo. 3. c. 16. & 11 Geo. 3. c. 42; and a committee: shall be appointed according to the directions of these statutes, (the regulations of which are by s. 11. extended to this act,) to try and determine whether any and which of the persons named in such petition ought to have been returned, or whether a new writ ought to issue; which determination shall be final, and the house, being informed thereof by the chairman of such select committee, shall order the same to be entered in their journals, and s. 11. give directions for ordering a return to be made, or for altering the return if made, or for issuing a new writ, or for carrying the said determination into execution, as the case may require. 28 Geo.3. c.52. s. 1. Eng. s. S. L s. 5. By the 28 Geo. 3. c. 52. s. 1, Eng. no petition com- Petitions, by plaining of an undue election or return, or of the omission whom scribed or insufficiency of a return, shall be proceeded upon, unthereupon. less subscribed by some person claiming therein to have had a right to vote at said election, or to have had a right to be returned thereat, or alleging himself to have been a candidate at such election, provided that, when a writ has been issued for the election of a member for any district of boroughs in Scotland, such petition may be proceeded on, if subscribed by any person claiming therein to have had a right to vote at the election of any delegate, or commissioner for choosing a burgess for such district. And by, s. 5. no proceedings shall be had on any "petition, unless the persons subscribing the same, or one of them, shall within 14 days, (or in case of petitions from Ireland, within 28 days, by 47 Geo. 3. c. 14, s. 8.). after 47 Geo.3 c. 14. the same shall have been presented to the house, or within such further time as shall be limited by the houses Recognizance, personally enter into a recognizance to the king, accor- when entered ding to the form annexed to this act, in £.200, with 2 sureties in £.100 each, to appear before the house at such time or times as shall be fixed, for taking such petition into consideration; and, also to appear before any select committee appointed for the trial of the same, or until the same shall have been withdrawn by the permission of the house; and if at the expiration of the 14 days, such recognizance shall not have been entered into, or shall not have been received by the speaker, the speaker shall report the same to the house, and the order for taking the petition into consideration shall thereupon be discharged, unless upon matter specially stated and verified to the satisfaction of the house, the house shall see cause to enlarge the time for entering into such recog nizance; and whenever such time shall be enlarged, the order for taking such petition into consideration shall be postponed, so that no petition shall be taken into consideration till after such recognizance shall have been entered into. 8. 6. Before whom. s. 7. When before a justice. entered into and received by the speaker, provided that the time for entering into such recognizance shall not be delayed more than once, nor for any days exceeding 30. By s. 6. such recognizances shall be entered into before the speaker, by whom also the sufficiency of the sureties shall be allowed, on the report of 2 persons appointed by him to examine the same, of which two the elerk or clerk-assistant shall always be one, and one of the following officers not being a member of the house shall be the other, viz, masters in Ch. clerks in K. B. or Exc. or prothonotaries in C. B.; and the said persons are to examine the same and report their judgment thereupon, and shall also receive such fees as shall be fixed by any resolution of the house of commons. And by s. 7. when ́ the parties who are to enter into such recognizances, or their sureties, shall reside more than 40 miles from London, such recognizances may be entered into before a justice of the peace, and being certified under the hand of such justice and transmitted to the speaker, shall have the same effect as if entered into before the speaker; and the persons to whom it is referred to examine the sufficiency of such sureties, may receive as evidence in their examination, any affidavits relating thereto which shall be sworn before any master in chancery, or before any justice of the peace, who are respectively authorized to administer such oaths, and required to certify such affidavits under their hand. By s. 8. the house shall not permit such petition to be withdrawn, except so be withdrawn. far as the same may relate to the election or return of any member who shall, since the same shall have been presented, have vacated his seat by death or otherwise. By s. 9. if the petitioners who shall have entered into such recognizance shall not appear betime petitioner fore the house, by themselves, their counsel or agents, to appear, or re- within one hour after the time fixed for calling in cognizance forfeited. s. 8. Petition not to s. 9. Within what the parties, for the purpose of proceeding to the appointment of a select committee; or if the committee appointed for the trial of such petition shall inform the house, that such persons did not appear before the committee to prosecute their petition; or if such persons shall neglect neglect to renew their petition within 4 sitting days after the commencement of every session, subsequent to that in which such petition was first presented, and until a committee shall have been appointed, or until the same shall have been withdrawn by the permission of the house, in such cases such persons shall be held to have made default in their recognizance, and the speaker shall certify such recognizance into the exchequer, and shall also certify that such persons have made default therein; and such certificate shall be conclusive evidence of such default, and the recognizance so certified shall have the same effect as if estreated from a court of law, provided that such recognizance and certificate shall be delivered by the clerk, or clerk-assistant, of the house, into the hands of the lord chief baron, or of one of the barons, or of such officer of said court as shall be appointed to receive the same. 103-4. Time altered. s. 2. Eng. Time not within The clause of the 10 Geo. 3. c. 16. s. 1. Eng. as amended Time of taking petitions into by the 11 Geo. 3. c. 42. s. 2. Eng. and 25 Geo. 3. c. 84. Eng. consideration. has been already stated,* which provides in respect to ap- *Vide pages pointing a time for taking petitions into consideration; but by the 10 Geo. 3. c. 16. s. 3. Eng. the house may alter the 10 Geo.3. c.16. day and hour so appointed, giving to the parties the likes. 3. Eng. notice of such alteration and order to attend. By the 11 Geo. 3. c. 42, s. 2. Eng. no petition complaining of an undue 11 Geo.3. c.42. election or return, shall be taken into consideration, within 14 days after the return, to which it relates, shall 14 days. be brought into the office of the clerk of the crown. And the 28. Geo. 3. c. 52. s. 2. Eng. provides that if at 28 Geo.3. c.52. s. 2. Eng any time before the day appointed for taking such petition into consideration, the speaker shall be informed by Adjournment a certificate in writing subscribed by 2 members, of the thereof, in what death of the sitting member whose election or return is complained of in such petition, or of the death of any member returned upon a double return, whose election &c. is complained of, &c. or that a writ of summons has been issued under the great seal to summon such member as a peer, or if the house of commons shall have resolved that the seat of such member is become vacant, or if the house shall be informed by a declaration in writing subscribed cases. |