or other person electors. s. 17. s. 18. alone to examine any person tendering his vote, on any pretence whatever, No candidate during the continuance of the poll, in any of the polling to plead speak to booths. But by s. 17. it shall not be lawful for any de- or examine such puty to examine any person tendering his vote, except as herein-before directed; and if any objection shall arise to If vote objected the right of such person to vote,such objection shall be forth- to, point forthwith referred to with referred to the returning officer; but it shall not be returning offilawful for any deputy to investigate such person's right to cer• : vote, nor to reject such person's vote, without reference to the returning officer. To avoid the delay arising from searches for original affidavits of registry at elections, this statute enacts, (s. 18) that in every case in which a person offering to poll shall produce a certificate of registry in Certificate free manner and form by law required, without erasure or in-from erasure, &c. conclusive terlineation, such certificate shall be conclusive evidence of evidence of rehis having duly registered such freehold; but if any va- gistry. riance between such certificate and the book of registry Returning offishall appear to the deputy, or if no such certificate shall cer, or assessor, be produced by such person, such deputy shall refer such original affidavit, if variance, person, if objected to, to the returning officer, or his as&c. alledged. sessor, who are hereby exclusisely authorized to.examine such person's original affidavit of registry. By s. 26. at any election for any county, city, borough or town in Ire- clerk. land, every person whom the returning officer shall retain to act as a clerk for taking the poll, shall, before he com. mences to take such poll, take the following oath: " I A. B. “swear, that I will truly and indifferently take the poll "at this election, and set down the name and residence of "each voter, the value, tenure, situation, and place and "date of registry of his freehold, and whether sworn to "or affirmed by such voter, as the case may be, and for "whom he shall poll;" which oath the returning officer shall administer. By s. 30. no sheriff of any county shall appoint any person to act as his deputy, unless such per- Deputies to be son shall have a freehold in such county of the yearly value £50.freeholdof £50. at least above all charges; and such sheriff shall demand upon oath, of such person offering to be sworn a deputy, whether he has such a freehold. By s. 31. in case of the death or severe illness of the returning officer dur- turning officer, ing the poll, the first deputy sworn by himself before the the deputy first s. 26. Oath of poll ers. s. 30 s. 31. In case of death or illness of re sworn by him commencement shall act. and when deli mons. s. 1. G. B. objected to, how that in all cases of controverted elections, or returns of vered to clerk of members to serve in parliament for Great Britain, all the house of com- parties complaining of or defending such elections, &c. 53 Geo. 3.c.71. shall, by themselves or their agents, deliver in to the clerk of the house of commons, lists of the voters to be objected to, to be kept in his office, open to the inspection of all parties concerned; giving in said lists the several heads of objections, and distinguishing the same against the names of the voters excepted to; and such lists shall be so delivered in upon all controverted elections and returns for Scotland, or for any county in England or Wales, 10 days at least before the day appointed for the consideration of the petition complaining of such election, &c; and upon all other controverted elections, &c. for England or Wales, 5 days at least before the day appointed for the consideration of such petition: provided, that if the consideration of any such petition shall be postponed by order of the house during the same session, or shall be renewed at the commencement of another session, it shall be sufficient if such lists shall be so delivered, within such periods as are hereby directed, before the committees for the trial of such petitions shall be actually appointed. And by s. 2. no evidence shall be adduced Evidence con- before the select committee appointed for the trial of the fined to object-petition, upon which such list shall have been delivered rized in lists. in, against the validity of any vote, upon any head of ob s. 2. ions particula jection other than one of those specified in such list as aforesaid; and if any ground of objection shall be stated against any voter in such lists, and no evidence shall be produced before such select committee to substantiate such objection, and if such committee shall be of opinion that such objection was frivolous or vexatious, the said committee shall report the same to the house of commons, toCosts on frivo- gether with their opinion on the other matters relating to lous or vexatious the said petition; and the party or parties opposite shall, in such case, be entitled to recover from the party or parties on whose behalf any such objections were made, the full costs and expenses incurred by reason of such frivolous or vexatious objections; which costs, &c. shall be ascertained and recovered in the manner provided by law for the recovery of costs, &c, in cases of frivolous or vexatious petitions. objections. P. 107. s. 3. P. 107. l. 17. To ensure the more punctual payment of all costs, expenses, and fees which may become due to Recognizances by petitioners witnesses, officers of the house, and parties, the 53 Geo.3. for payment of c. 71. G. B. further provides, (s. 3.) that no proceeding costs, &c. to witnesses, clerks, shall be had on any petition by virtue of any act concerning and parties. the trial of controverted elections and returns, unless the person or persons subscribing the same, or some one or more of them, shall, within 14 days after the same shall be presented to the house, or within such further time as shall be limited by the house, personally enter into a recognizance to the king, according to the form herein-after mentioned, in the sum of £1000, with 2 sufficient sureties in £500 each, for the payment of all costs, expenses, and fees which shall become due to any witness summoned on behalf of the person or persons so subscribing such petition, or to any clerk or officer of the house upon the trial of the said petition, or to the party who shall appear before the house or committee in opposition to such petition, in case such person or persons shall fail to appear before the house at such time or times as shall be fixed for taking such petition into consideration; or in case the said petition shall be withdrawn by the permission of the house; or in case such committee shall report to the house, that the said petition appears to them to be frivolous or vexatious; and if at the expiration of the said 14 days, such recognizance shall not have been entered into, or shall not have been received by the speaker of the house of commons, the speaker shall report the same to the house, and the order for taking such petition into consideration shall thereupon be discharged, unless upon matter. specially stated and verified on oath to the satisfaction of the house, the house shall enlarge the time for entering into such recognizance; and whenever such time shall be so enlarged, the order for taking such petition into consideration shall, if necessary, be postponed, so that no such petition shall be taken into consideration till after such recognizance shall have been entered into and received by the speaker: provided that the time for entering into such recognizance shall not be enlarged more than once, or for more than 30 days. And by s. 4. eight days at the least before the person or persons so petitioning shall enter into B 3 s. 4. Names of sure ties returned to the clerk of house of commons the said recognizance, he or they, by themselves or their agents, shall deliver in writing to the clerk of the house of commons, the names of the sureties who are proposed to enter into such recognizance; which names shall be entered in a book to be kept by the said clerk in his office, open to the inspection of all parties concerned. And by s. 5. the said recognizance shall be entered into, and the Recognizance sufficiency of the sureties named therein shall be allowed in like manner and judged of, in like manner and under such regulations 28 Geo. 5.c.52. as are enacted by the 28 Geo. 3. c. 52. with respect to the recognizance therein directed to be entered into by per s. 5. as directed by may be sureties Names of sure to be also return ed. ed to this act. 66 day of sons presenting petitions complaining of undue elections s. 6. or returns. And it is provided (s. 6.) that it shall be lawSame persons ful for the same persons, if sufficient, to become sureties in the reugni- in the recognizance herein directed, and in the recognizances directed zance directed by the 28 Geo. 3, c. 52. and that the names by both acts. of the sureties who are proposed to enter into the last-menties under tioned recognizance, shall be in like manner delivered to 28 Geo.5.c. 52 the clerk of the house of commons, and entered by him as hereby directed with respect to the sureties in the firstTenor of recogmentioned recognizance. The form of the recognizance nizance annex annexed to this act is, "Be it remembered, that on the in the year of our Lord "before me A. B. (speaker of the house of commons) or 66 (one of his majesty's justices of the peace for the county "of ) came C. D. E. F. I. 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 £1000, and the said E. F. and the said "I. G. the sum of £500 each, to be levied on their re66 spective 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 well and ❝truly pay all costs and expenses, and fees, which shall be "due and payable from the said petitioner to any witness "who shall be summoned to give evidence in his behalf, "or to any clerk or officer of the house of commons, upon "the trial of the petition signed by the said C. D. com 66 plaining of an undue election or return for the (here "state "state the county, city, borough or district of burghs) or "complaining that no return has been made for the said within the time limited by act of parlia s. 7. taxed and certi ment, or that the return made for the said ❝is not a return of a member or members according to "the requisition of the writ; and if the said petitioner "shall also well and truly pay the costs and expenses of "the party who shall appear before the house in opposi"tion to the said petition, in case the said petitioner shall "fail to appear before the house at such time or times as "shall be fixed by the house for taking such petition into "consideration; or in case the said C. D. shall withdraw "his said petition by the permission of the house; or in "case the select committee appointed by the house to try "the matter of the said petition shall report to the house, "that the said petition appears to them to be frivolous or ❝vexatious, then this recognizance to be void, otherwise "to be of full force and effect." By s. 7. in all cases where any question shall arise as to the amount of the rea- Expenses and fees of witnesses sonable costs, expenses or fees, which shall be due and and clerks, when payable to any witness, or to any clerk or officer of the disputed, how house of commons, upon the trial of any such petition, the fied. speaker shall, on application, direct the same to be taxed by such persons and in like manner as by the 28 Geo. 3. c. 52. (vol. 1. P. 122. 3.) is directed in cases where petitions or the opposition to such petitions have been declared to be frivolous or vexatious; and the persons so directed to tax such costs, &c. shall examine the same, and report the amount thereof to the speaker, who shall, on application, deliver to the person or persons concerned, a cer-tificate signed by himself, expressing the amount of the fees, &c. allowed in such report: and the persons so appointed shall receive, for such taxation and report, such fees as shall be from time to time fixed by any resolution of the house; and the certificates, so signed by the speaker, shall be conclusive evidence of the amount of such demands; and the witness, officer, or party claiming under the same, shall, upon payment thereof, give a receipt at the foot of such certificate, which shall be a sufficient discharge for the same. And this act (s. 8.) amends the 28 Geo. 3. c. 52. s. 8. (vol. i. P. 106) by providing that it s. 8. Petitions when allowed to be shall withdrawn. |