55. Parties may object to disqualified members. If Appendix VI. » General Committee allow the disqualification a new Com mittee to be chosen. 56. Notice to be sent to every member chosen. 57. If any member chosen proves his disqualification, another Committee to be selected. 58. Members on Chairmen's Panel to appoint Chairman to Select Committees. 59. Select Committee to be reported to the House. 60. And its members sworn. 61. Members of said Committee not present within one hour after the meeting of the House, to be taken into custody by the Serjeant-at-Arms. 62. If any such member be not present within three hours of the meeting of the House, the proceedings on the Petition to be adjourned. 63. If all the members do not attend after adjournment, that Committee to be discharged. 64. Petitions and Lists to be referred to Select Committee, and time and place of its meeting to be appointed by the House. 65. If new Chairman required, may be elected by Select Committee. 66 to 94. These remaining clauses regulate the Select Committees' proceedings, provide for the payment of costs, &c. with other provisions exactly similar to those contained in the act 9 Geo. IV. ch. 22. VII. Form of Petition of persons claiming to have had a right to Appendix VII. vote at an Election, to be admitted parties in the room of a Member having given notice of his intention not to To the Honourable the Commons of the United The humble petition of A. B., C. D., E. F., J. K. Sheweth, That your petitioners are, and at the last election of (Knights, Citizens, or Burgesses,) for the of were (freeholders, burgesses, or freemen, &c.) of the said Appendix VII. and claim to have had a right to vote at the said election, wherein L. M. Esq. was elected and returned to serve in Parliament as one of the - for the said That your petitioners are informed, that a petition signed by N. O. Esq., therein describing himself as a candidate at the late election, and another petition signed by the Hon. P. Q., R. S. and T. U., Esqs. and V. W. and X. Y., gentlemen, therein describing themselves. of the said, have been presented to this Honourable House, complaining, among other things, of the said election and return of the said L. M. That your petitioners have observed by a notice inserted in the London Gazette on the day of last, by order of the Right Honourable C. M. S. Speaker of this Honorable House, that after the presenting the said petitions, the said L. M. then being one of the sitting members for the said County, did on the day of under and by virtue of the provisions of an act of Parliament passed in the twenty-eighth year of the reign of His late Majesty King George the Third, intituled "An Act for "the further regulation of the trials of controverted elec"tions or returns of members to serve in Parliament," inform this Honourable House, by a declaration in writing. subscribed by the said L. M. and delivered in at the table of this Honorable House, that it was not his intention to defend the said election or return. Your petitioners, therefore, humbly pray, that under and by virtue of the provisions of the said act of Parlia· ment, they may be admitted as parties in the room of the said L. M. and be considered as such to all intents and purposes whatsoever. And your petitioners, &c. VIII. Appendix VIII. Form of Recognizance for payment of Costs, &c. as given by the Imperial Act 53 Geo. III. ch. 71, and consolidated Act 9 Gco IV. ch. 22. in the BE IT REMEMBERED, that on the day of year of our Lord before me, A. B. (Speaker of the House of Commons) or (one of Her Majesty's Justices of the Peace for the County of - -,) came C. D., E. F. and J. G, (H. K., and L. M.), and severally acknowledged themselves to owe to our Sovereign Lady the Queen, the Appendix VII. following sums; that is to say, the said C. D., the sum of one thousand pounds, and (the said E. F., and the said J. G., the sum of five hundred pounds each,) [or in case there should be four sureties, the said E. F., J. G., H. K. and L. M., the sums of two hundred fifty pounds each,] to be levied on their respective goods and chattels, lands and tenements, to the use of our said Sovereign Lady the Queen, Her heirs and successors, in case the said C. D. shall fail in performing the condition hereunto annexed. is not a 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 C. D., 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. (complaining of an undue election or return for the [here 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 Parliament); or (complaining that the return made for the said return for a member or members according to the requisition of the writ); and if the said C. D. shall also well and truly pay the costs and expenses of the party who shall appear before the House in opposition to the said petition, in case the said C. D. 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 Č. 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 peti· tion, 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. IX. Form of Recognizance required to be entered into by Pe- Appendix IX. titioners against a return, by Provincial Act, 4 Geo. IV, ch. 4. in the BE IT REMEMBERED, That on the- day of year of our Lord before me, A. B. (Speaker of the House of Assembly) came C. D., E. F., and J. G., and severally acknowledged themselves to owe to our Sovereign Lady the Queen, the following sums, that is to say: Appendix IX. The said C. D. the sum of one hundred pounds, and the said E. F. and the said J. G. the sum of fifty pounds each, to be levied on their respective goods and chattels, lands and tenements, to the use of our said Sovereign Lady the Queen, Her 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 Assembly 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 of a member to represent the county, city, borough or riding, (as the case may be) in the House of Assembly of this Province, or complaining that no return has been made for the said county, city, borough or riding within the time limited by law, or that the return made for the said county, city, borough or riding 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 Assembly 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. X. Appendix X. Form of the Oath required to be taken by the Commissioners for examining Witnesses on Contested Elections, under the Provincial Act, 8 Geo. IV. ch. 5. I, A. B. do swear that I will, without favour, affection, or malice, and according to the best of my skill and knowledge, well and truly perform the duty of a Commissioner appointed to hear and examine the evidence which shall be brought before me, by virtue of a reference under the hand and seal of the Speaker of the House of Assembly, upon a petition, (here mention the names of the Fetitioners, or some of them) according to the rules, regulations and directions, contained in an Act passed in the eighth year of the reign of King George the Fourth, entitled, "An Act to continue and amend the law now in force for Appendix X. "the trial of Controverted Elections." XI. Form of Oath required from the Clerk of the above Com- Appendix XI. mission. I, A. B. do swear, that I will, without favour, affection, or malice, and according to the best of my skill and knowledge, well and truly perform the duty of Clerk to the Commissioners appointed to hear and examine the evidence which shall be brought before them, by virtue of a reference under the hand and seal of the Speaker of the House of Assembly; upon a petition, (here mention the names of the Petitioners, or some of them,) according to the rules, regulations and directions, contained in an Act passed in the eighth year of the reign of King George the Fourth, entitled, " An Act to continue and amend the law 66 now in force for the trial of Controverted Elections." XII. Oath to be administered to Election Committees, under Appendix XII. 9 Geo. IV ch. 22, sec. 30, and the Provincial Act, 4 Geo. 1V, ch. 4. You shall well and truly try the matter of the petition referred to you, and true judgment give according to the evidence So help you God. Oath administered to the short hand writer* by the Chair * By the Standing Orders of the House of Commons, the following FEES may be demanded by all Short-hand Writers employed by Election Committees:In all cases where any Select Committee appointed for the trial of a Controverted Election or Return, or of any For the transcript of the proceedings for the use of the said 22 0 010 Note: The said expenses to be paid by the parties, to the Clerk appointed to attend the Select Committees on Elections, who is to pay the same to the persons employed.-C. J. 4th April, 1803. When the short-hand writer, or his sufficient deputy, attends when called upon, to take minutes of evidence at the Bar of the House, or in Committee of the whole, he is to be Note: When the Chairman of a Committee to whom a Petition cr Private Bill |