s. 3. by petitioners P. 107. l. 17. To ensure the more punctual payment of all costs, expenses, and fees which may become due to Recognizances 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 wit nesses, 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time or times as shall be fixed for tak ing such petition into consideration; or in case the said petition shall be withdrawn by the permission of the house; or in case such committee shall report to the house, that the said petition appears to them to be frivolous or vexatious; and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 3. 4. Names of sure. ties returned to the clerk of house of commona s. 5. as directed by s. 6. Names of sure to be also return ed. 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. 3.c.52. as are enacted by the 28 Geo. 3. c. 52. with respect to the recognizance therein directed to be entered into by persons presenting petitions complaining of undue elections or returns. And it is provided (s. 6.) that it shall be lawSame persons ful for the same persons, if sufficient, to become sureties may be sureties in the reogni- 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. 3. 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 "(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 re"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. complaining of an undue election or return for the (here "state ed to this act. 66 day of "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 certificate 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 28 Geo. 3. c. 52. s. 8. (vol. i. P. 106) by providing that the it -s. 8. Petitions when allowed to be shall withdrawn. $. 9. In default of pearing parties s. 12. By shall be lawful for the house to permit any petition complaining of an undue election or return, or any petition presented in pursuance of the 28 Geo. 3. c. 52. to be withdrawn upon matter which shall have arisen since the same was presented, and which shall be specially stated and verified on oath to the satisfaction of the house. s. 9. in all cases where the petitioners shall fail to appear petitioners ap- before the house by themselves, or by their counsel or opposite to have agents, at the time fixed for the appointment of the select their costs, &c. committee, (the house not having permitted such petitions to be withdrawn,) and the order for the consideration of such petitions shall be thereupon discharged in pursuance of the 28 Geo.3. c. 52. (vol. i. P.111.) the parties who shall attend the house in opposition to such petitions, shall in like manner be entitled to recover from such petitioners the full costs and expenses which they have incurred by reason of such petitions. By s. 12. if any petitioner who Where petition shall have entered into such recognizance as aforesaid, ers neglect to pay witnesses, shall neglect or refuse, for the space of 7 days after de&c.recognizance mand, to pay to any witness who shall have been summoned on his behalf before the house, or such select committee, on the trial of said petition, the sum so certified by the speaker to be due to such witness, together with the sum of 40s. per diem, for every day during which such petitioner shall delay to satisfy the same; or if such petitioner shall neglect or refuse, for the space of 6 months after demand, to pay to any officer of the house, or to any party who shall appear in opposition to said petition, the sum so certified by the speaker in pursuance of this act, or of the 28 Geo. 3. c. 52. to be due to such officer or party for their fees, costs or expenses, and that such neglect, &c. shall be proved to the speaker's satisfaction by affidavit sworn before any master in chancery, (which affidavit such master is required to take and certify under his hand,) such person shall be held to have made default in his said recognizance, and the speaker shall thereupon certify such recognizance into the court of exchequer, and also certify that such person hath made default therein; and such certificate shall be conclusive evidence of such default, and Aow estreated. the s. 13. Speaker's cert¿» ficate to have torney. the recognizance being so certified shall have the same effect as if estreated from a court of law. Provided that such recognizance and certificate shall in any such case be delivered by the clerk, deputy clerk, or one of the clerks assistant of the house of commons, into the hands of the lord chief baron of the exchequer, or of such officer as shall be appointed by the said court to receive the same. And by s. 13. in any action which shall be commenced for the recovery of any costs, &c. which shall have been certified by the speaker, in pursuance of this act, or of the 28 Geo.3. the effect of a c. 52. such certificate, so signed as aforesaid, shall have warrant of atthe effect of a warrant of attorney to confess judgment; and the court in which such action shall be commenced, shall, upon motion, and on the production of such certifi cate,enter up judgment for the sum specified in such certificate to be due from the defendant in such action, in like manner as if such defendant had signed a warrant to confess judgment. Provided (s. 14.) that the aforesaid rules and regulations by which persons are directed to enter specting recog into recognizances, and by which persons are made liable apply to petito the payment of costs in the cases herein-before spe- right of election, cified, shall not apply to any petition presented in pursu- &c. ance of the 28 Geo. 3. c. 52. and relating solely to any question respecting the right of election, or of choosing, nominating, or appointing a returning officer. s. 14. Regulations re nizances not to tions respecting s: 20. pro. P. 115. l. 33. The 53 Geo. 3. c. 71. s. 20. G. B. recites the clause (s. 6.) of the 11 Geo. 3. c. 42. Eng. which The two memvides, that the 13 members whose names shall be returned the thirteen unby the parties to the house, shall, by themselves, choose der the11 Geo.3. c. 42. s. 6. for 2 members then present in the house, to be added to the what causes set said 13 members, and enacts, that either of the members aside. so chosen shall or may be set aside, for any of the same causes as those chosen by lot. s. 19. mine persons P. 121. l. 31. It is recited by the 53 Geo. 3. c. 71. s.19.G.B. that doubts had arisen as to the authority of se- Select commitlect committees to examine, as a witness, any person who tees may examay have subscribed the petition, to try and determine subscribing petiwhich such committee shall have been appointed; and terested. therefore enacts, that it shall be lawful for any such select committee, duly constituted for the trial of controverted tions unless in elections |