Master of Vessel to enter into Bond for the due Per formance of the iny such Ship as aforesaid, or to any other Person, in respect of any Breach of any Contract made by or on the Behalf of any such Passenger or other Person with the Master or Owner thereof. VII. And for the more effectually securing the due Observance of the aforesaid Rules, and the Payment of the Penalties aforesaid, be it further enacted, That before any Ship carrying Passengers shall clear out for any such Voyage as aforesaid from any Port or Place in the United Kingdom, or in the said Islands of Regulations Guernsey, Jersey, Alderney, or Sark, or in the Isle of Man, to or prescribed by for any Port or Place in His Majesty's Possession on the Continent this Act. or Islands of North America, the Master of the said Ship shall enter into a Bond to His Majesty, His Heirs and Successors, with one good and sufficient Surety, to be approved by the Collector or other Chief Officer of Customs at such Port, in the Sum of One thousand Pounds, the Condition of which Bond shall be, that the said Ship is sea-worthy, and that all and every the Rules and Regulations made and prescribed by this Act for the Carriage of Passengers shall be well and truly performed before and during such intended Voyage, and that all Penalties, Fines, and Forfeitures which the Master of such Ship may be sentenced or adjudged to pay for or in respect of the Breach or Non-performance, before or during such Voyage, of any such Rules and Regulations, shall be well and truly paid: Provided always, that such Bond as aforesaid shall be without Stamps; and that no such Bond shall be put in Suit; and that no Prosecution, Suit, Action, or Information shall be brought under or by virtue of this Act, or upon or by reason of the Breach of any of the Provisions thereof, in any of His Majesty's Possessions Abroad, after the Expiration of Twelve Calendar Months next succeeding the Commencement of any such Voyage as aforesaid, nor in the United Kingdom or any of the Islands before mentioned, after the Expiration of Twelve Calendar Months next after the Return of the Master to the Port or Place from which he sailed on such Voyage. VIII. And be it further enacted, That nothing in this Act contained shall extend or be construed to extend to any Ship in the Service of His Majesty's Postmaster General. IX. And be it further enacted and declared, That the Bahama Islands, and His Majesty's Possessions in the West Indies, are not and shall not be deemed or taken to be comprised within the Provisions aforesaid, or any of them. CAP. XXII. An Act to consolidate and amend the Laws relating to the HEREAS great Benefit has been found to arise from the Limitation of Actions. Not to extend to Post Office Ships. Nor to the Bahama Islands nor the West Indies. Reign of His late Majesty King George the Third, intituled An 10G. 3. c. 16. Act to regulate the Trials of controverted Elections or Returns of Members to serve in Parliament: And Whereas several Acts have subsequently been passed to amend and extend the same: And Whereas it is expedient to consolidate, and in some Respects to amend and simplify, the Laws relating thereto;' Be Repeal of 10 G. 3. c. 16. 11 G. 3. c. 42. 14 G. 3. c. 15. Part of 25 G. 3. c. 84. 6 it therefore enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Ten poral, and Commons, in this present Parliament assembled, by the Authority of the same, That the said Act passed in the Tenth Year of the Reign of His late Majesty King George the Third, intituled An Act to regulate the Trials of controverted Elec tions or Returns of Members to serve in Parliament; also an Ac passed in the Eleventh Year of the Reign of His late Majesty intituled An Act to explain and amend an Act made in the las Session of Parliament, intituled 'An Act to regulate the Trials controverted Elections or Returns of Members to serve in Par 'liament;' also an Act passed in the Fourteenth Year of the Reign of His late Majesty, intituled An Act for making perpetua Two Acts passed in the Tenth and Eleventh Years of the Reign His present Majesty, for regulating the Trials of controverted Elec tions or Returns of Members to serve in Parliament; also so much of an Act passed in the Twenty-fifth Year of the Reign of His late Majesty, intituled An Act to limit the duration of Polls enc Scrutinies, and for making other Regulations touching the Electios of Members to serve in Parliament for Places within England and Wales, and for Berwick-upon-Tweed, and also for removing Dif ficulties which may arise from want of Returns being made of Members to serve in Parliament, as relates to the Appointment of 2 Select Committee to take into Consideration the Petition of any Person claiming to have had a Right to vote, or to have been entitled to have been declared duly elected, where no Return has been made to any Writ issued for the electing of any Member or Members to serve in Parliament, on or before the Day on which such Writ is made returnable, or within Fifty-two Days after the Day on which such Writ bears Date, if such Writ be issued during any Session or Prorogation of Parliament, or where the Return be not according to the Requisition of the Writ, but contains special Matters only concerning the Election; also to the Notices to be given of the Meeting of such Committees, and to the Manner in which the Trials of such Petitions are to be regulated, and the Mode in which Parties entitled to be returned may proceed against any Sheriff or Returning Officer, in case a Select Committee shall have determined that such Sheriff or Returning Officer had wilfully delayed or neglected or refused to make such Return; also an Act passed in the Twenty-eighth Year of the Reign of His late Majesty, intituled An Act for the further Pee28 G. 3. c. 52. gulation of the Trials of controverted Elections or Returns of Mem bers to serve in Parliament, except in so far as the same relates to the Repeal of so much of an Act passed in the Second Year of the Reign of His Majesty King George the Second, intituled An Act for the more effectual preventing Bribery and Corruption in the Election of Members to serve in Parliament, as enacts that such Votes shall be deemed legal which have been so declared by the last Determination in the House of Commons, and that such last Determination concerning any County, City, Borough, or Place, shall be final; also an Act passed in the Thirty-second Year of the Reign of His late Majesty, intituled An Act to extend the Provisions of certain Acts of Parliament made to regulate the Trials of controverted Elections or Returns of Members to serve in Part of 32 G. 3. c. 1. Parliament; Parliament; also an Act passed in the Thirty-fourth Year of the Reign of His late Majesty, intituled An Act to explain so much of 34 G. 3. c. 83. an Act made in the Twenty-eighth Year of His present Majesty's Reign, intituled An Act for the further Regulation of the Trials of controverted Elections or Returns of Members to serve in Par‹liament,' as relates to the Time of presenting certain renewed Petitions, and taking the same into Consideration; also an Act passed in the Thirty-sixth Year of the Reign of His late Majesty, intituled An Act for the more effectual Execution of several Acts of 36 G. 3. c. 59. Parliament, made for the Trials of controverted Elections or Returns of Members to serve in Parliament; also an Act passed in the Forty-second Year of the Reign of His late Majesty, intituled An 42 G. 3. c. 84. Act for the further Regulation of the Trials of controverted Elections or Returns of Members to serve in Parliament, and for expediting the Proceedings relating thereto; also an Act passed in the Forty-seventh Year of the Reign of His late Majesty, intituled An Act to revive and make perpetual, and to amend, an Act made 47 G. 3. c. 1. in the Forty-second Year of His present Majesty, for the further Regulation of the Trials of controverted Elections or Returns of Members to serve in Parliament, and for expediting the Proceedings relating thereto; also so much of an Act passed in the Fortyseventh Year of the Reign of His late Majesty, intituled An Act Part of to amend several Acts for regulating the Trial of controverted Elec- 47 G.3. c. 14. tions or Returns of Members to serve in Parliament, so far as the same relate to Ireland, as enacts, that the Order for taking into Consideration any Petition relative to the Trial of any controverted Election or Return in Ireland shall not be discharged until the Expiration of Twenty-eight Days after such Petition shall have been presented to the House of Commons, by reason that the Recognizance required by an Act made in the Twentyeighth Year of His late Majesty's Reign, intituled An Act for the further Regulation of the Trials of controverted Elections or Returns of Members to serve in Parliament, was not received by the Speaker under the Provisions of the said recited Act; also an Act passed in the Fifty-third Year of the Reign of His late Majesty, intituled An Act for amending and rendering more effectual 53 G. 3. c. 71. the Laws for the Trials of controverted Elections and Returns of Members to serve in Parliament; be hereby repealed. II. And be it enacted, That whenever a Petition complaining of an undue Election or Return of a Member or Members to serve in Parliament (or complaining that no Return has been made to any Writ issued for the Election of any Member or Members to serve in Parliament on or before the Day on which such Writ is made returnable, or if such Writ be issued during any Session or Prorogation of Parliament, that no Return has been made to the same within Fifty-two Days after the Day on which such Writ bears Date, or that any Return is not according to the Requisition of the Writ, or complaining of the Special Matters contained in any such Return,) shall be presented to the House of Commons within such Time as shall be from time to time limited by the House, a Day and Hour shall be appointed by the said House for taking the same into Consideration, and Notice thereof in Writing shall be forthwith given by the Speaker to all Parties so petitioning, and to the sitting Members, and to any Parties who may 9 GEO. IV. E have Upon Com plaint made to the House of Commons of an undue Election or Return, or that no Return has been made, Time to be a fixed for considering thereof, and Notice given. House may alter the Time, Notice and If Petitioners do not attend have petitioned to be permitted to defend any such Election or Return, and where no Return has been made, or the specia Matter of the Return, or the Conduct of any Returning Officer. is complained of, to the Returning Officer or Officers, accom panied with an Order to the Parties to attend the House at the Time appointed, by themselves, their Counsel or Agent. III. And be it enacted, That the House may alter the Day and Hour so appointed for taking any such Petition into Consideration, and appoint some subsequent Day and Hour for the same, as Occasion shall require, giving to the respective Parties the like Notice of such Alteration, accompanied with an Order to attend on such subsequent Day and Hour as aforesaid; and if within One Hour after the Time fixed in the Manner hereinafter directed for at the Time calling in the respective Parties, their Counsel or Agents, for the required, the Purpose of proceeding to the Appointment of a Select Committee, Order to be the Petitioner or Petitioners, or some one or more of them who discharged. shall have signed any such Petition, shall not appear, by himself or themselves, or by his or their Counsel or Agents, the Order for taking such Petition into Consideration shall thereupon be discharged, and such Petition shall not be any further proceeded upon. No Petition to be proceeded upon, unless subscribed as herein mentioned. Costs. IV. And be it enacted, That no such Petition shall be proceeded upon, unless the same, at the Time it is presented to the House, shall be subscribed by some Person or Persons claiming therein to have had a Right to vote at the Election to which the same shall relate, or to have had a Right to be returned as duly elected thereat, or alleging himself or themselves to have been a Candidate or Candidates at such Election, or claiming therein to have had a Right to vote at the Election of any Delegate or Commissioner for choosing a Burgess for any District of Burghs in that Part of Great Britain called Scotland to which the same shall relate. V. And be it enacted, That no Proceeding shall be had upon Recognizances to be entered any such Petition, unless the Person or Persons subscribing the into by Peti- same, or some one or more of them, shall, within Fourteen Days tioners, and after the same shall have been presented to the House, or within Sureties, to pay such further Time as shall be limited by the House, personally enter into a Recognizance to our Sovereign Lord the King, according to the Form hereunto annexed, in the Sum of One thousand Pounds, with Two sufficient Sureties in the Sum of Five hundred Pounds each, or Four sufficient Sureties in the Sum of Two hundred and fifty Pounds each, for the Payment of all Costs, Expences, and Fees which shall become due to any Witness summoned in behalf of the Person or Persons so subscribing such Petition, or to any Clerk or Officer of the House, upon the Trial of such Petition, or to any Party who shall appear before the House, or any Committee of the House, 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 by the House for taking such Petition into Consideration; or in case such Petition shall be withdrawn by the Permission of the House; or in case such Committee shall report to the House, that such Petition appears to them to be frivolous or vexatious; and if at the Expiration of the said Fourteen Days such Recognizance shall not not have been entered into, or shall not have been received by f the Speaker of the House of Commons, or the Time for entering into or receiving such Recognizance shall not previously have been enlarged, the Speaker shall report the same to the House, and the Order for taking such Petition into Consideration shall thereupon be discharged, unless upon special Report of the Examiners into the Sufficiency of the Sureties, or upon Matter specially stated and verified upon Oath to the Satisfaction of the House, the House shall see cause, either to enlarge the Time for entering into such Recognizance, or to allow the Names of any such Sureties to be changed; and whenever such Time shall be so enlarged, or Name of any such Surety shall be changed, 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 always, that the Time for entering into such Recognizance shall not be enlarged more than once, or for any Number of Days exceeding Thirty, nor the Name of any proposed Surety be more than once - changed. VI. And be it enacted, That on the Day when any such Petition shall be presented, or on the next Day at furthest, the Petitioner or Petitioners shall deliver or cause to be delivered, in Writing, to the Clerk of the House of Commons, the Names, together with the Additions and usual Places of Residence, of the Persons who are proposed to become such Sureties, 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. VII. And be it enacted, That the said Recognizances shall be entered into before the Speaker of the House of Commons, who is hereby authorized and empowered to take the same; and the Sufficiency of the Sureties named therein shall be judged of and allowed by the said Speaker, on the Report of Two Persons apI pointed by him to examine the same, of which Two Persons the Clerk or one of the Clerks Assistant of the House of Commons shall always be one, and one of the following Officers, not being a Member of the said House, shall be the other; (that is to say,) Masters of the High Court of Chancery, Clerks in the Court of King's Bench, Prothonotaries in the Court of Common Pleas, and Clerks in the Court of Exchequer; and the said Persons so appointed are hereby authorized and required to examine the same, and to report their Judgment thereupon, and are also hereby authorized to demand and receive such Fees for such Examination and Report as shall be from time to time fixed by any Re Names of delivered to the House of Commons. Recognizances to be entered into before the Speaker, and the Sufficiency of Sureties to be allowed by him, on the Report of the mentioned. Persons herein solution of the House of Commons: Provided always, that Seven Seven Days to clear Days at the least shall intervene between the Day on which be allowed the Names shall have been delivered in and entered in a Book before the kept in the Office of the Clerk as aforesaid and the Day on which Sureties are the Sufficiency of the Sureties shall be examined as hereinbefore directed. VIII. And be it enacted, That if the Party or Parties who are to enter into such Recognizance, or his or their Sureties, or either of them, shall reside at a greater Distance from London than Forty Miles, it shall and may be lawful for such Party or Surety re E 2 spectively examined. Parties or more than 40 |