surety was bound; and upon the delivery of the receipt or certificate of the said Chief Clerk for such sum to the Speaker, within three days after the day on which the statement of such objection was delivered to the said Speaker, the Recognizances shall be deemed unobjectionable if no other ground of objection thereto be stated within the time before mentioned for stating objections to Recognizances.

Speaker to report his decision to the House,

and it shall be final.

XXIV. And be it enacted, That if the Speaker have received any statement of objection to the Recognizances of any such Election Petition, and have decided that such Recognizances are objectionable, he shall forthwith report to the House that such Recognizances are objectionable; but if he shall have decided that such Recognizances are unobjectionable, or if he have not received any such statement of objection, then, as soon as the time herein before allowed for stating any such objection has elapsed after the presentation of the Petition, or as soon thereafter as he has decided upon the statement of objection, he shall report to the House that the Recognizances to such Petition are unobjectionable, and every such report shall be final and conclusive to all intents and List to be kept by purposes; and the Chief Clerk of the said House shall make out a list of all Election Clerk. Petitions on which the Speaker has reported to the House that the Recognizances are unobjectionable, in which list the Petitions shall be arranged in the order in which they are so reported upon, and a copy of such list shall be kept in the office of the said Chief Clerk, and shall be open to the inspection of all parties concerned or interested in the same.

3. ADMISSION OF PARTIES TO DEFEND.

XXV. And be it enacted, That if at any time before the appointment of a Select Committee, as hereinafter provided, to try any Election Petition, the Speaker of the Commons House of Legislative Assembly shall be informed by a certificate in writing, subscribed by two of the Members of the said House, of the death of any 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 or return is complained of in such Petition, or that a Writ of Summons has been issued under the Great Seal of the Province to summon any such Member to Parliament as a Legislative Councillor of this Province, or if the said Commons House of Legislative Assembly shall have resolved that the seat of any such Member is by law become vacant, or if the House be informed by a declaration in writing, subscribed by any such Member and delivered to the Speaker within fourteen days after the day on which any such Petition was presented, whether such fourteen days or any of them shall occur during a Session of Parliament or during a prorogation thereof, that it is not the intention of such Member to defend his election or return, in every such case, notice thereof shall immediately be sent by the Speaker to the General Committee of Elections, and to the Members of the Chairmen's Panel hereinafter mentioned, and also to the Sheriff or other Returning Officer for the County, Riding, City, Town, Borough or place to which such Petition relates, and such Sheriff or other Returning Officer shall cause a true copy of such notice to be affixed in some conspicuous place in or near to the place where the nomination for such election was held; and such notice shall also be inserted by order of the Speaker, in one of the next two Government Official Gazettes of the Province, and shall as soon as may be, be communicated by him to the House.

XXVI. And be it enacted, That at any time within fourteen days after the day on which any Election Petition was presented, or within twenty-one days after the day on which any notice was inserted in the Gazette to the effect that the seat is vacant, or that the Member returned will not defend his election or return, or if either of the said periods expire during a prorogation of Parliament, or during an adjournment of the Commons House of Legislative Assembly for any period exceeding seven full days exclusive of the day of adjournment and the day of meeting according to such adjournment, and if he have not done so before, then on the first day on which the House meets after such prorogation or adjournment, provided the said House shall on 224 *

such

Proceedings where the contested seat sitting Member declines defending it, before the appointment

becomes vacant, or the

of the select

Committee.

Voters may within a certain period petition for leave to defend the the petition against it.

return, or to oppose

such first day have entered upon and gone through with that head or division of the daily routine of the business thereof which consists in the presenting and bringing up of Petitions, and if the said House in such last mentioned case shall not have entered upon and gone through with such head or division of the said daily routine of such first day, then,and in every such case, upon the first day thereafter upon which the said House shall have entered upon and gone through with such head or division of the said daily routine as aforesaid, any person who voted or had a right to vote at the Election to which the Petition relates, may petition the said House, praying to be admitted as a party to defend such return, or to oppose the prayer of such Petition; and such person shall thereupon be admitted as a party, together with the sitting Member if he be then a party against such Petition, or in the room of such Member if he be not then a party against the Petition, and every such Petition shall be referred by the House to the General Committee of Elections hereinafter mentioned: Provided always, nevertheless, that nothing herein contained shall preclude the presenting or bringing up of such Petition of any such party during any part of any day on which such Petition might be presented as is provided by the Fifth Section of this Act respecting Election Petitions. XXVII. And be it enacted, That whenever the Member whose election or return is so complained of in such Election Petition, has given notice as aforesaid of his intention vote until Petition be not to defend the same, he shall not be afterwards allowed to appear or act as a party against such Petition in any proceedings thereupon, and he shall also be restrained from sitting in the said Commons House of Legislative Assembly, or voting on any question, until such Petition has been decided upon.

Proviso.

Member declining to defend not to sit or

decided upon.

Voters petitioning for leave to defend to give security,

XXVIII. And be it enacted, That before any such Petition for permission to defend shall be presented to the House, a Recognizance shall be entered into on the part of such Petitioner by one, two, three or four persons as sureties for the persons subscribing such Petition, for the sum of One Hundred Pounds in one sum, or in several sums of not less than Twenty-five Pounds each, for the payment of all costs and expenses which under the provisions herein contained shall become payable by the person subscribing such Petition, to any witness summoned in his behalf, or to the person subscribing the Election Petition to which such person prays permission to appear for the purpose of defence as aforesaid, or to any person who, upon the application of such first mentioned Petitioner for the issue of a Commission to take evidence upon the trial of such Election Petition, may be appointed a Commissioner for that purpose, or to any Clerk, Bailiff or other Officer employed by such Commissioner in or about or in any way Form of recognizance, relating to the execution of the Commission issued to him in that behalf, which

&c.

Money may be deposited instead.

Proviso,

Recognizance shall be entered into before the Speaker or a Justice of the Peace as is herein provided with respect to other Recognizances to be entered into under this Act, and shall be accompanied by Affidavits of the sufficiency of the sureties as is provided with respect to the same, and the same may be in the form or to the like effect as is set forth in the Schedule to this Act annexed marked A (3), with such alterations as may be necessary to adapt such form to the circumstances of the case; or a deposit of money may be made in lieu of such Recognizance, or a deposit of money in lieu of some part of the amount required to be so secured, and a Recognizance for the residue thereof shall be made and entered into as is hereby provided with respect to such other Recognizance, which shall be accompanied by Affidavits of sufficiency from the sureties, and an Affidavit of belief in such sufficiency made by such Petitioner for permission to defend, as is hereinbefore provided with respect to the Recognizance to be entered into on behalf of any such sitting Member as aforesaid: Provided always nevertheless, that all objections to such sureties or the manner in which they have been put in, shall be heard and disposed of by the Select Election Committee for the trial of such Election Petition, in the same manner and subject to the like powers and provisions, as well respecting costs and the payment and recovery thereof, as respecting all other matters connected with the enquiry into and allowance of the sufficiency of such sureties as is herein provided with respect to the Recognizance hereby required to be entered into by any such sitting Member as aforesaid.

XXIX. And be it enacted, That if in the case of an Election Petition complaining of a double return, the Member whose return is complained of in such Petition have given notice, as aforesaid, that it is not his intention to defend his return, and if no party, within the period hereinbefore allowed for that purpose, have been admitted to defend such return, then if there be no Election Petition complaining of the other Member returned on such double return, it shall be lawful for the last mentioned Member, or other the persons who subscribed the Petition complaining of such double return, to withdraw such Petition by letter addressed to the Speaker, and thereupon the order for referring such Petition to the General Committee of Elections shall be discharged, and the House shall give the necessary directions for amending the said double return, by taking off the file the indenture by which the person so declining to defend his return was returned, or otherwise, as the case may require.

4. GENERAL COMMITTEE OF ELECTIONS.

XXX. And be it enacted, That in the first Session of every Parliament, on the first meeting of the Commons House of Legislative Assembly, on or next after the fifteenth day of such Session, and in every subsequent Session, as soon as convenient after the commencement of the Session, the Speaker shall, by Warrant under his hand, appoint six Members of the House against whose return no Petition is then depending, and none of whom is a Petitioner complaining of any election or return, to be Members of a Committee to be called "The General Committee of Elections," and every such Warrant shall be laid on the Table of the House, and if not disapproved of by the House, in the course of the three next days on which the House meets for the despatch of business, shall take effect as an appointment of such General Committee. XXXI. And be it enacted, That if the House disapprove of any such Warrant, the Speaker shall, on or before the third day on which the House meets after such disapproval, lay upon the Table of the House, a new Warrant for the appointment of six Members qualified as aforesaid, and so from time to time, until six Members have been appointed by a Warrant not disapproved by the House.

Provision in case o double return, when the Member petitioned against does not

defend his return.

General Committee of
Elections to be named
by the Speaker;
how and when.'

Nomination how

corrected if the House disapprove it,

XXXII. And be it enacted, That the disapproval of the Warrant may be either Disapproval may be general in respect of the constitution of the whole Committee, or special in respect of general or special. any Member or Members named in the Warrant.

Members not disapproved may be

named again.

Duration of the

XXXIII. And be it enacted, That the Speaker may, if he thinks fit, name in the second or any subsequent Warrant, any of the Members named in any former Warrant whose appointment has not been specially disapproved by the House as aforesaid. XXXIV. And be it enacted, That after the appointment of the General Committee, every Member appointed shall continue to be a Member of the Committee until the end appointment, of that Session of Parliament, or until he cease to be a Member of the Commons House of Legislative Assembly, or until the General Committee report that he is disabled by continued illness from attending the Committee, or until the Committee be dissolved as hereinafter provided.

Committee.

XXXV. And be it enacted, That in every case of vacancy in the General Committee Vacancies to suspend of Elections, the Speaker, on the first day on which the House meets after such vacancy the proceedings of the is known by him, shall make known the vacancy to the House, and thereupon all proceedings of the General Committee shall be suspended until the vacancy is supplied as hereinafter provided.

cases.

XXXVI. And be it enacted, That if the General Committee of Elections at any time Committee may be report to the House, that by reason of the continued absence of more than two of its dissolved in certain members, or by reason of irreconcilable disagreement of opinion, the said Committee is unable to proceed in the discharge of its duties, or if the House resolve that the General Committee of Elections be dissolved, the General Committee shall be thereby forthwith dissolved.

XXXVII. And be it enacted, That every appointment to supply a vacancy in the General Committee, and every re-appointment of the General Committee after the dissolution

Vacancies in
Committee how

filled up.

Speaker to fix time and place of first meeting.

dissolution thereof, shall be made by the Speaker by Warrant under his hand, laid upon the Table of the House, on or before the third day on which the House meets after the dissolution of the Committee, or notification of the vacancy, as the case may be, and the Warrant shall be subject to the disapproval of the House in the like manner as is hereinbefore provided in the case of the first Warrant for the appointment of the General Committee, and upon any re-appointment of the General Committee, the Speaker may, if he thinks fit, re-appoint any of the Members of the former Committee not disqualified to serve on it.

XXXVIII. And be it enacted, That the Speaker shall appoint the time and place of the first meeting of the General Committee of Elections, and the Committee shall meet Members to be sworn, at the time and place so appointed; but no Member shall act upon such Committee until he have been sworn at the Table of the House by the Clerk, truly and faithfully to perform the duties belonging to a Member of the said Committee, to the best of his judgment and ability, without fear or favour.

Quorum of
Committee, four

for certain purposes.

XXXIX. And be it enacted, That no business shall be transacted by the General members must concur Committee of Elections, unless at the least four Members thereof be then present together; and no appointment of a Select Committee by the General Committee to be made as hereinafter provided, shall be of force, unless at the least four Members then present of the General Committee agree to the appointment.

Committee to regulate

XL. And be it enacted, That subject to the provisions of this Act, the General their own proceedings, Committee of Elections shall make Regulations for the order and manner of conducting the business to be transacted by them.

subject to this Act.

Clerk of Committee; his appointment and duties.

As to proceedings pending before Committee when dissolved or suspended.

In what cases and in what manner

Members may he

on Election

Committees.

XLI. And be it enacted, That the General Committee shall be attended by one of the Committee Clerks of the House, selected for that purpose by the Chief Clerk of the House, and such Committee Clerk shall make a Minute of all the proceedings of the Committee, in such form and manner as shall from time to time be directed by the Regulations or Directions of the said General Committee, and a copy of the Minutes so kept shall be laid from time to time before the said Commons House of Legislative Assembly.

XLII. And be it enacted, That if, at the time of the dissolution or suspension of the proceedings of the General Committee of Elections, there be any business appointed to be transacted by such General Committee on any certain day, the Speaker may adjourn the transaction of such business to such other day as to him seems convenient.

5. PANELS.

XLIII. And be it enacted, That every Member having leave of absence from the House, shall be excused from serving on Election Committees during such leave; and excused from serving if any Member in his place offer any other excuse, the substance of the allegations shall be taken down by the Clerk, in order that the same may be afterwards entered on the Journals, and the opinion of the House shall then be taken thereon; and if the House resolve that the said Member ought to be excused, he shall be excused from serving on Election Committees for such time as to the House seems fit, but no Member shall be so excused who does not claim to be excused before he is chosen to serve; and every Member who has served on one Election Committee, and who, within seven days after such Committee has made its final report to the House, notifies to the Clerk of the General Committee his claim to be excused from so serving again, shall be excused during the remainder of the Session, unless the House at any time resolve, upon the report of the General Committee, that the number of Members who have not so served. is insufficient, but no Member shall be deemed to have served on an Election Committee, who on account of inability or accident has been excused from attending the same throughout.

Members disqualified.

XLIV. And be it enacted, That every Member who is a Petitioner complaining of an undue election or return, or against whose return a Petition is depending, shall be disqualified to serve on Election Committees during the continuance of such ground of disqualification.

Members, noting

thereon those
excused or

disqualified.

XLV. And be it enacted, That the Clerk of the Commons House of Legislative Clerk to make list of Assembly shall make out an alphabetical list of all the Members of the said House, distinguishing in such list the names of every Member for the time being excused or disqualified, and shall also notice in the list every cause of such temporary excuse or disqualification, and the duration thereof; and such list shall be openly read over in the House by the Clerk thereof, at the next meeting of the said House, on or after the Fifteenth day of the First Session of every Parliament, and be thereafter printed and distributed to the Members of the said House with the printed votes of the House. XLVI. And be it enacted, That during three days next after the day of the openly How the list may be reading of such list in the House as aforesaid, corrections may be made in such list by leave of the Speaker, if it appears that any name has been improperly left on or struck out of such list, or that there is any other error in such list.

XLVII. And be it enacted, That the list so finally corrected shall be referred to the General Committee of Elections, and the General Committee shall therefrom select in their discretion four, six or eight Members whom they think duly qualified to serve as Chairmen of Election Committees, and the Members so selected shall be formed into a separate Panel, to be called the Chairmen's Panel, which shall be reported to the House, and while the name of any Member is upon the Chairmen's Panel, he shall not be liable or qualified to serve on any Election Committee otherwise than as Chairman, and every Member placed on the Chairmen's Panel shall be bound to continue upon it till the end of the Session, or until he sooner cease to be a Member of the House, or until by leave of the House he be discharged from continuing upon the Chairman's Panel: Provided always, that every Member of the Chairmen's Panel who has served on one or more Election Committees, and who notifies to the Clerk of the General Committee of Elections his claim to be discharged from continuing upon the Chairmen's Panel, shall be so discharged accordingly, and every such Member shall be excused from serving upon any Election Committee, either as Chairman or otherwise, during the remainder of the Session, unless in either of such cases, the House should at any time resolve, upon the report of the General Committee of Elections, that the number of Members who have not so served is insufficient, but no Member of the Chairmen's Panel shall be deemed to have served on any Election Committee, who, on account of inability or accident, has been excused from attending the same throughout.

corrected.

List of Chairmen for
Election Committees

to be made; its effect,

&c.

Proviso as to Members having during the Session.

served as Chairmen

Remaining Members to be divided into three panels.

purpose.

General Committee to correct the panels

XLVIII. And be it enacted, That after the Chairmen's Panel has been so as aforesaid selected, the General Committee shall divide the Members then remaining on such list into three Panels, in such manner as to them seems most convenient, but so, nevertheless, that each Panel may contain, as nearly as may be, the same number of Members, and they shall report to the House the divisions so made by them, and the Clerk shall decide Order of panels to be by lot at the Table the order of the Panels as settled by the General Committee, and decided by lot; their shall distinguish each of them by a number denoting the order in which they were drawn, and the Panels shall then be returned to the General Committee of Elections, and shall be the Panels from which Members shall be chosen to serve on Election Committees. XLIX. And be it enacted, That the General Committee of Elections shall correct the said Panels from time to time, by striking out of them the name of every Member who ceases to be a Member of the House, or who from time to time becomes entitled and claims as aforesaid to be excused from serving on Election Committees, and by inserting in one of the Panels, to be chosen by the General Committee at their discretion, the name of every new Member of the House not excused or disqualified for any of the reasons aforesaid, and shall also from time to time distinguish in the manner aforesaid in the said Panels, the names of the Members for the time being excused or disqualified for any of the reasons aforesaid, and the General Committee shall as often as they think fit report to the House the Panels as corrected, and as often as the General Committee reports the said Panels to the House, they shall be printed and distributed with the votes of the House, and the names of all the Members so omitted shall be also printed and distributed with the votes.

when necessary.

L.