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URSULE STREET. 1863. \ DEDICATED TO THE HONORABLE JOSEPH EDOUARD TURCOTTE, SPEAKER OP THE LEGISLATIVE A S S E 31 B L Y '^i op THE PROVINCE OF CANADA, AND RESPECTFULLY INSCRIBED BY HIS OBEDIfiXT SERVANT, JOHN NOTMAN. P R E F A E . In bringing this little work from the privacy of the desk and offering it to the world, the author has not been actuated by the desire for authorship, by the expectation of profit, or the acquire- ment of fame, though not insensible to each and all of these. Its sale must be very limited, and therefore precludes the hope of gain, while its contents are chiefly compilation, and may not justify a claim to honour. The work has been prepared for private use, but finding it bene- ficial to himself, the author has presumed it might benefit others. The sheets were submitted to George Benjamin, Esq., M.P.P., who has been, not only for Sessions but Parliaments, Chairman to the General Committee of Elections, and whose accompanying letter is rather gratifying; also to Alfred Patrick, Esq., long and well-known as Chief Clerk of Controverted Elections, and who in the kindest manner gave both encouragement and assistance ; and also to other gentlemen whose experience, discrimination and judg- ment were considered reliable, all of whom pronounced the work commendable ; therefore not thinking it necessary to further test its worth individually, the risk of publication has been determined on. The author has fitted up his little bark to carry him for the first time before the literati of the day with care and industry, and now throws off the last cable and lets it lor ■ to sink or swim, hoping it may not strike upon the hard rocks of id versity, neither be run down by the ram of criticism, nor be sunk by the shots of witty comment. Belleville, 10crs of both Houses of Tarlianient, but for all persons who are directly or indirectly connected with I'ar- hamentary Elections, whether contested or not. You have in . very concise and clear manner given the Law and the practice under the Law and usages of Parliament. Your obedient servant, Mr. John Notman. ^- ^^njajji.v. ca- }Ut ir- a cc CONTENTS. Treatise Act 32 Appendix 89 Condensed view of the marginal reading of the Act ,,- Index to Act ^ , 140 Index to Appendix 160 A SHORT TREATISE ON €wixmxUi f artiametttatg (BMitum, SHEV/IN'U TIIKIR ROUTINE ADVANCEMENT THROUnii THB HUNOUAULE IIOUSK OF THE LEGISLATIVE ASSEMBLY OF CANADA, WITH THE FORMS AND PRACTICE rST'AL IN CONDUCTINO TIIRM. THIS little Treatise is diffidently ofllored for assistance to new and young members of the House, not designed to supersede the Law, or a careful study of it, but only to exhibit a general view of its scope and policy. A contested election has always been of great importance and interest to the Constituency aft'ected, to the Ministry, to Legisla- tors, and to the political world at large ; how necessary then that it be conducted lawfully, equitably, impartially and seriously. The political ami party sentiments and connexions of every one of the five members who try it are almost invariably well known, and their acts are watched with sleepless jealousy, as those of five gentlemen sworn to do justice. It has been several times proposed that the adjudication upon controverted elections should be vested in an independent tribu- nal; but the House is unlikely ever to part with so large an element of its rights and privileges. The Controverted Parliamentary Election Act has been con- sidered cumbrous and ambiguous, but all late attempts to improve it have been rejected, and it is possible, that if carried out in a consistent manner, it can be but very little improved. It is but fair to imagine, that parties contesting an election, and those most intimately concerned, should not content them- selves with a cursory glance at the Law, or even with one atten- tive reading. 2 A SHORT TREATISE ON In contesting an election, the first duty of tiie petitioner is, to procure a Recognizance for the sun; of eight hundred dollars. This is necessary for securing the discharge of such costs and expenses as may become payable, and to protect all parties con- cerned against inconsiderate, malicious, and harassing applica tioii.-j to Parliament. See the Act, section 10. F(»r Recognizance on the part of petitioner, see App. 1. Parties entering into Recognizances must, at the same time and before the same person, testify upon oath in writing, that they possess, severally, sufficient to pay double the clear amount for whicli they stand bound, after discharging all their just debt.", and such affidavit must be endorsed upon, or annexed to, the Recognizance. See the Act, section 12. For Afidavit of sufficiency of sureties, see App. 2. Every Recognizance must be entered into, and Affidavit of sufficiency of surety sworn, before Mr. Speaker, or a Justice of the Peace ; and certain persons shall be deemed Justices of the Peace. Sec the Act, sections 14, 154. It would at first sight seem not difficult to comply with such explicit statutory reiiuisitions; yet the instances are numerous in wliich the parties have failed to do so. A flaw has been suddenly discovered by an acute opponent, and the petition thrown aside, with all the expense, exertion, and anxiety bestowed upon it, as well as the many hopes and fears which it has called forth. Every Recognizance and Affidavit of sufficiency of surety should be >mber3 liable for service ; whereas, suppose that ten Select Election Committees during the first session reported their cases finally to the House and claimed exemption from further service for that session, they with the Chairmen's Panel would amount to over fifty members of whom tliere would be no account, as they could not be on the last amended panels. Then suppose the Speaker's Warrant in the second session, named members to form the General Committee of Elections, different from those of last Session, such Committee might have great difficulty in cor- recting the panels. Every member having leave of absence from the House, is excused during such leave. A member may rise in his place and offer any other excuse, the fitness of which is tested by resolution of the House. Evevy T.ouiber who is a Petitioner, or against Avhose return a petition is pending is di> qualified. Also by reason of having voted at the election in question, or by reason of being the party on whose behalf the seat is claimed, or related to him or to the sitting member by kindred or affinity in the first, second, third, or fourth degree, according to civil law. See the Act, sections 44, 45, 62. Consanguinity or kindred, according to civil law, stands thus in Stephen's Commentaries, page 211, vol. 2 : — ! ! 8 A SHORT TREATISE ON 1st ilegrec. — Father, Son. 2nd degree. — Grandfather, Brother, Grandson. 3rd degree. — Great-Grandfather, Uncle, Nepliew, Great- Grandson. 4th degree. — Great-Grandfather's-Father, Great-uncle, Cousin- German, Son of tho Nephew or Brother's Grandson. Affinity is relationship by marriage in the same degrees. No member can be excused who does not claim to be so before he is chosen to serve, and though the practice of the General Committee of Elections has heretofore been to carefully avoid putting on a Select Election Committee any Minister of the Crown, no doubt presuming as a reason, that they could not attend with- out prejudice to their other and important official duties; yet, tho requirement of the law is, for such to rise in their places in the House, whilst the Alphabetical List lies on the Table for correc- tions, and to offer statements of excuse to be considered and resolved upon by the House. For forms of excuse for not wishing to serve on Select Elec- tion Committees, see App. 14. It must be desirable to get the panels properly corrected, so that when a Select Committee is once appointed it may go into service without impediment, we might, therefore, suppose the pro- priety of an excuse being offered by proxy, though no such is mentioned ; for a member might be confined by sickness and there- fore unable to be in his place and offer an excuse, or to serve on an Election Committee ; or he might be only recovering from a lengthened sickness and in such a precarious state as to fear the confinement of a Committee Room, and might be reasonably excused by the House from service. If the Warrant nominating the General Committee of Elec- tions be not disapproved of in the course of three days, it takes effect, and on the fourth day the members so appointed are sworn at the Table of the House, and Mr. Speaker appoints the time and place for their first meeting. See the Act, sections 31, 39. For Oath taken by General Committee of Elections, see App. 15. , f "» Great- ), Cousin- ;es. 30 before General lly avoid e Crown, nd with- yet, the les in the ir correc- >red and ect Elec- ccted, Bo go into the pro- such is d there- serve on froni a fear the son ably )f Elec- lit takes |e sworn le time L, 89. 19, see CONTROVERTKI* I'AIILIAMENTARV Kl.ECTTONS 9 For Spoalcer's appointment for fir.st meeting of General Com- mittee of Elections, see App. 16. Thoiii'li the Law does not rcco";iiizc a Chairman nor grant nny precedence among tlie members composing the General Committee of Elections, yet it allows them to regulate their own proceedings, and it is customary to appoint tlio most experienced member amongst tliem to be Chairman of the Committee, wlio presents their Reports, offers Motions, and attends particularly to the requi- sitions of the Act in connection with the House. Immediately after the General Committee of Elections lias been SAVorn. the Correctetl Alphabetical List of all the Members of the Houpl) liable to serve on Election Committees is referred to it, by a motion. See the Act, section 48. For Motion referring Corrected Alphabetical List to the Gen- eral Committee of Elections, see App. 17. All the Election Petitions are referred to the General Com- mittee of Elections, by a motion. See the Act, section 53. For Motion referring all Election Petitions to the General Committee of Elections, see App. 18. The General Committee of Elections meet at the time and place appointed by Mr. Speaker, and from the Corrected Alpha- betical List they select four, six, or eight, members to serve as Chairmen of Election Committees, to be called ■' The Chairmen's Panel." The members then remaining are divideil into three panels, each panel containing, as near as may be, the same num- ber of names, and severally marked. A, B, C. See the Act, sections 39, 48, 49. For Report of Chairmen's Panel, see App. 10, For Report of Members' Panels, see App. 20. In choosing members to compose the Chairmen's Panel, a due regard is had to their parliamentary experience antl judicial ability, and this panel may be increased, but cannot at any time consist of more than eleven members, without the leave of the House first obtained. See the Act, section ')2. For Report of additional members to Chairmen's Panel, see App. 21. 3 10 A SHORT TllEATTSE ON ! ! ) i 11 ii For Motion for power to increase Chairmen's Panel over eleven members, sec App. 22. For Report of increase of Chairmen's Panel over eleven mem- bers, see App. 23. The Law docs not demand that additions to the Chairmen's Panel shall be reported to the House ; still, it must be important to give publicity to such an action, especially as there is no pro- vision for members thus added being specially notified that they have been transferred from Members' Panels to Chairmen's Panol ; besides, it has been customary to report such, and ciin hardly be deemed an impropriety. No business can be transacted by the General Committee of Elections, unless four members thereof lie present and unani- mously agree to it. See the Act, sections 40, H.S. When a vacancy occurs in the General Committee of Elections, the Speaker makes it known to the Hoitse at its next sitting, and all proceedings of the said Committee are suspended until the vacancy be supplied. See the Act, sections 36, 43. For Mr. Speaker's Report to the House of a vacancy in the General Committee of Elections, see App. 24. Vacancies are supplied, and re-appointments made, by War- rant of Mr. Speaker, and in the same manner as the original appointment. See the Act, section 38. For Mr. Speaker's Warrant supplying a vacancy in General Committee of Elections, see App. 25. The General Committee of Elections and the Chairmen's Panel, are appointed for the Session at furthest, but may be sooner dissolved. See the Act, sections 35, 48, 37. The three Members' Panels, when reported to the House, are shaken together and drawn by the Clerk at the Table, who denotes the order in which they were drawn, by the numbers 1, 2, 3. The Panels are then returned to the General Committee of Elections, and from these panels are chosen the private members of the Select Committees. See the Act, section 4d. Till noon of the eleventh day, after a petition has been pre- sented to the House, is allowed for parties defending the Return to enter objections to the Recognizance. The ol»jections must be CONTROVERTED PARLIAMExNTARY ELECTIONS. 11 Icven )vcr c even mom- Dhairmon's important ) is no pro- 1 that tliey Mi'sPaiK'l; I hardly be nnnittec of imil unani- ' Elections, sitting, and il until the ncy in the c, by War- 10 original in General lairmcn's be sooner ouse, are 10 denotes 2,3. The Elections, lers of the been pre- le Return IS must be in writing, under the hand of the party objecting, or that of his Agent, and delivered to Mr. Speaker, who appoints a day for heiiving them argued in his chamber, not fewer than three, nor more than five days from that on which he received the statement of them, and a notice acknowledging the receipt of objections and the day for hearing them, is conspicuously displayed in the Con- troverted Electiuns Office. See the Act, sections 21, 22. For a copy of Objections to Recognizance, see App. 2(J. For Mr. Speaker's appointment for hearing objections to Recognizance, see App. 27. For Notice of objections to Recognizances received by Mr. Speaker, and of Appointments for hearing them, see App. 28. If the death of any surety be argued as an objection, it may be overcome by the Petitioner depositing the amount for which such surety stood bound, and delivering the Chief Clerk's receipt for such deposit to the Speaker, within three days after that on which the statement of such objections was delivered to said Speaker. See the Act, section 24. If the time allowed for filing objections pass without any objec- tions being delivered, Mr. Speaker reports the Recognizances in such cases to be unobjectionable at the next sitting of the House. See the Act, section 25. On the appointed day, the Speaker inquires into the aforesaid objections, but into those only, and may examine upon oath, or by affidavit all necessary witnesses ; he may adjourn from time to time till he decide on the validity of the objections, when he reports his decision to the House, and from such decision there is no appeal. See the Act, sections 28, 25. For Speaker's Summons to procure evidence as to Recogni- zance, see App. 29. For Mr. Speaker's Report to the House on validity of Recog- nizances, see App. 30. The Law does not require the Speaker to give a written judg- ment as the result of his scrutiny upon Recognizances, but from the importance of the subject to many, he frequently writes his judgment, giving precedent and reason for coming to such a deci- l" >, if j 12 A SHORT TREATISE ON .sion. It is difficult, however, to (Ictorniine how far one should ho guided hy precedents. One Speaker may think himself justified in judging strictly in accordance with Law, and after much reading and searching for precedents, he may give a judgment which is wondered at. and which lie himself acceded to with difficulty. Another Speaker may view things more according to a feeling of equity witiioui disregard to the requirements of law, an i i CONTROVKirrET) I'ATILIAMENTAIIY ELKOTIONS. 13 should l»e "trictly in cliinjT for mI iit. and a foclino; and wpro judgment o support matter is be as well c actually ler party, he Recog- j the Act, vith Con- Elections cerned or hich Mr. ctionable, •hieli list the cases ist. See ). 32. Speaker ring such arged by 10, 31. iscs have of Elec- tions meet to examine the list of oases so reported on, and gener- ally taking up oiii'-third of the whole number of cases, they 'deter- mine upon a day for selecting committees to try such, and they report such day and oases to the House at its next sitting. See the Act, section ">G. For Report of time determined on for selecting Committees, see App. 3;>. Notice of the time and place at which such Select Committees Avill be cliosen must be published with the Votes, not fewer than eight days before that appointed for the choosing ; and if the Returning officer's conduct has been complained of, fourteen days' notice must be given, and such notice sent to him by post. See the Act, section 58. For Notice of time and place for selecting committees, see App. 34. By a little attention to the course of proceedings, a member may always avoid being taken by surprise. He should first examine the panels, which are printed and distributed with the Votes, and by observing the number of that in which his name appears, ho may judge how soon it is possible he naay bo chosen. Panel No. 1 comes first into service, and a new panel in rota- tion as drawn, comes into service every week in which election committees are appointed ; therefore, if his absence should be unavoidable during the week in which committees will be chosen from his panel, he should apply to the House for leave of absence. He is also acquainted every Saturday morning by a conspicu- ous Notice in Friday's Votes, what election committees will be chosen during the ensuing week, from what panel, and on what day ; and if he be on that panel, he should be in readiness, in case he should be appointed on any one ot the committees. See the Act, section Ul. For Panel in weekly service, see App. 35. The General Committee of Elections may change the time appointed for choosing a Select Committee, but in every such case they must report forthwith the change to the House, with their reasons for making it, and give notice of it in the printed votes. See the Act, section 60. u A SHORT THKATISK ON I'i t 1 f Foi' Report of time clmn;^o(l lor choosing a Si'K'ct ('(unmltti-c, SCO A\)\). 3G. For Notice in Votes, see App. 37. Tf at anytime before the appoiiittnont of a Select Election Committee, the Speaker l>e infornicil ]»y a ecrtifieiitc in writinj^, sultseribed by two members of the House, of the ileatli of any Sittinj^ Member whose election is complained of, or of the death of any member returned upon a floublc return and complained of, or if the House have resolved that the scat of any such member has by Law become vacant, or if any such member deliver to the Speaker a written declaration within fourteen days after that on which the Petition was presented, that he will not defend his Election or Keturn ; a notice is immediately sent by the Speaker to the General Committee of Elections, also to the Chairmen's Panel, and also to the Returning Officer; and such notice must be inserted in one of the next two Canailu Oazcttcs, and also com- municated by Mr. Speaker to the House. Sec the Act, section, 2(). For Speaker's Notice when a contested seat becomes vacant, or the Sitting Member declines to defend before the appointment of a Select Committee, see App. 38. For Notice to Mr. Speaker of a member's death, see App. 41. When a member declines to defend his election or return, he is not allowed to sit or vote, or Interfere in the business before the House, till the Election Petition against him be decided upon. See the Act, section 28. Any person who voted or had a right to vote at the election to which the notice in the Gazette refers, may, within twenty-one days after such notice appears, petition for leave to defend the Return, or to oppose the petition against it, and must be admitted thereupon. See the Act, section 27. While particular legislative provision has been made for the death of the Sitting Member at a particular period, viz., between the presenting of the petition and the appointment of the Select Committee, none such seems to exist to meet the case of the death of a Sitting Member during the hearing before the Select Committee. Before any such petition for permission to defend be presented t - rONTUOVKUTKJ) I'AULIAMKNTAIlY KLKCTIONS 15 iiniiiittta', KK'('tii)n I writiiij^, th of any tlu' ? liulde to the same objections as in the first case mei tioned, but fhe validity of the objections is testetl by the Select Committee appointed to try the case. Monev niav be deposited in lieu of Recognizance. See the Act, >. P^or Recognizance on the part of petitioner for permission to defentl, see Ajip. -19. For Affidavit of Sufficiency of Surety, see App. 2. For Affidavit of defending petitioner in belief of his Sureties, see App. 40. If in the case of an Election Petition complaining of a double return, the member petitioned against declare his intention not to defend ; and if no party having the right to do so, petition for leave to defend, within the time allowed for that purpose, then, if there be no Election Petition complaining of the other member returned, the last mentioned member, or the persons who sub- scribed the petition, may withdraw such petition, ijy letter ad- dressed to the Speaker, and the order referring it to the General ■ Committee of Elections is discharged, and the Return is amended as the House may direct. See the Act, section 30. When notice of death, vacancy, or intention not to defend is given, the (Jeneral Committee of Elections must suspend their proceedings in the matter, until twenty-one days after that on which such notice appeared in the Canada Gazette-, unless the petition of some person admitted to defend in room of such member be sooner referred. Sec the Act, section 54. For Notice to Mr. Speaker of a member's death, see App. 41. When more than one election petition relating to the same election or return, are referred to the General Committee of Elec- tions, they cannot take up the case until the Speaker has reported respecting the Heeognizance upon each of such petitions, and when this is done, the petitions arc brackctted together and given i « I I. 1 16 A SHOUT TREATISE ON to the Select Committee as one petition. See the Act, section 55. After the given eight clays' notice, tlic General Committee of Elections meet at the time and place appointed, and taking up the first case on the list, any member of the Committee is free to name, from the panel in service, whomsoever he thinks qualified to com- pose such Select Committee. Sec the Act, section 62. The Law provides that at least four of tlie General Committee of Elections must agree before any such selection be confirmed as an appointment ; however, I have never seen a selection confirmed other than unanimously. If any demur was made to a name offered, such name was invariably laid aside and another taken on which they could all agree. On the day appointed for choosing Select Committees, the Chairmen's Panel meets in a room contiguous to that of the Gen- eral Committee of Elections. If at such meeting every member of the Chairmen's Panel be present, and they be unanimous in their selection of a member to act as Chairman on a certain election committee, then such selection becomes an appointment ; but if any member be absent, or such selection be not unanimous, then the name of each mem- ber on the panel is written on a slip of paper, rolled up and put into the Ballot-Box, and one drawn by any member then present ; and when they have been informed by the General Committee of Elections, that four members have been chosen by them to form such Select Committee, then they communicate the name of the member unanimously selected or drawn by lot, as the Chairman on such Committee. See the Act, section 64. The parties interested in the selection arc called before the General Committee of Elections, and informed of the members so chosen and to be intrusted with their case, the parties then with- draw to consider the names, and they may within one half hour afterwards appear and object to all or any so selected, as being disqualified. See the Act, sections 66, 68. If in the opinion of four members of the General Committee of Elections, such objections be valid and substantiated, a new committee is appointed ; or if such objections be established it I ,\ k. OOXTROVERTEl) PARLIAMENTARY -LKOTIONS 17 Innittec la new lulishcd against the Ciuiirraan, lii.s name is .sent back to the Cliainnen'^ Panel, and another seliM-ti'iI or drawn. St-e tlie Aet. sections tiH. 70. Wlien t'dur members and a cliairnian liavc Itcen stdected. a notice of the general and special grounds nC disqiialilication and excuse from serving is sent to each ir.ember so selected, and also of the time and place for the meeting of the General Committee id" Elections on the morrow, and such last mentioned notice i;-; published in the Votes and Proceedings of the House. See the Aet, section 71. For Notice sent to members scdected to serve on an F^lection Committee, see App. P2. For Notice (for Votes) of time and place for nicelin^j; of Gen- eral Committee of Elections, see App, l-l. On the following day the General Connnittec of Elections meet pursuant to notice, and il" within one r|uarter of an hour after the time of meeting, any member appear and piovt' himself dis(|ualified or ineligible to serve, or tluit his service would affect the impartial character of the tribun.al, then a new connnittee is chosen; l)ut if no one a])])ear, or a])pearing, fails to jirove such, then at the next meeting of the House, the Genei-al Committee of Elections report the nanu's so selected, to the Iloasi'. and annex to their Report all Election petitions relating to the election Avliose merits are to be tried by such Select Comniitti'c. See the Act, sections 72, 73. For Report of names of Select Committee chosen, see A])}), 44. On same afternoon that Select Committee is rejiorted to the House, send to each member so r(>ported a copy of App. 45. -.w.d let memorandum of swearing in App. 4!>. (For decision by Mr. Speaker, and sustained after an Appeal to the House, see Journals of 1858, l)age r>12.) When Select Election Connnittees have been sworn, and it is desirable that they shouhl meet at six o'clock on that same even- ing, such meetings are effected by Motion in App. 57. When the hour for Select Election Committees to meet has arrived, and the House at that hour is in Session, the meetings have been eflected by Motion for adjournment of House for ten minutes, to enable Select Election Committees to meet pro fornm. See App. 58. AVhcn leave for an adjournment has been asked of aiul ob- tained from the House, for any Select Election Connnittee, it is necessary to make Motion in App. 54, and meet, when the Chair- luan informs the couuuittee that the leave for adjournment asked from the House has been granted, and he declares the Committee now adjourned till the time granted shall expire. When it is intended to enter on a scrutiny, the parties on each side, those comphiining of as well as those defending the election, are required to deliver to the Chairman of the Select Committee, lists of the voters intended to be objected to, under proper heads of objeetioii, at any time before six o'clock I'.M. of the day np- pointetl for the first meeting of the Committee. Sec the Act. sections 80, 81. -%s^ 20 A SHORT TREATISE ON 5. i* 6. ik 7. n 8. (( For Lists of voters intcinlod to be objected to, seo App. f»0. The lioads of objection are generally as follow.s, though it is Wfll to be cf)rrect in respect of describing each particidar voter : 1. \'otcd ill a wrong capacity as Proprietors. 2. •• " '' Occupants. 3. " " '■ Tenants. 4. Objc'cled to as unnaturalized Aliens, on account of bribery and corruption. aK infants or under age when voting, as voting Avhile unregistered, as lieing partners in business and joint tenants, but separately uonsufKcient. !'. (►bircted to as haviiiir voted oftener tlinn once. The list of voters intended to lie objected to is a document of e<|ual iniportancA' with the Petition. an. and any other that might assist the striitiiiy or afford information to the Select Committee when ref|uired. When a Select Election (,'omiiiittee meets for the first time, the Chairman generally sends a notice to the Clerk of the Crown in Chancery for production of Poll Rooks, and such production is considered /?;v';«ff ftiric eviderx'e of ilieir autlienticity. The Select Committee may regulate tlieir own proceedings in such a manner as is most conducive to the ends of justice ; but ■ m III ti CONTROVERTED PARIJAMKNTARY ELECTIONS. 21 I iSk their chief duty is to interpret the law and execute its provisions, and no evidence can be given before or received by them, unless included in one of the lists delivered, or in the Petition. See the Act, section 88. A Select Election Coniniittee must never proceed to l)usiness till all its members 1)0 present, and if any bo absent till one hour after the time appointed for the meeting, a further adjournment is made and reported to the House together with the cause thereof, and the absentee is ordered to attend the House at its next sitting. See tlie Act, section 84. For Report of absence from a Select Election Committee, and ^lotion to attend, sec App. 61. At next sitting, if such absent member fail to attend ami verify upon oath that his absence was caused by accident or ne- cessity, he is taken into the custody of the Sergeant-at-Arms, andjdealt with by the House. See the Act, section 85. /:^or affidavit of excuse for absence from a Select Election / • .9sue of a Commission, see App. is then issued, empowering and commanding such Commissioner, under a penalty of four hundred dollars, to repair to tlie Electoral Division under consideration, on a certain day naim.'0. For Commission for the examination of witnesses, sec App. Uii. In tlie event of such Commissioner dying or becoming incom- petent ur uiialile to act under such Commission, a new Commis- sioner is appointed with like powers as the person first appointed, who completes the evidence partially taken, or takes the whole anew, as tlie order from Committee may direct. See the Act. sec- tion 100. For Commission where a new (.'ommis.sioner is appointed, see Ap}). 07. Every such appointed Commissioner may punish for contempt against him and his orders in the same manner as if lie sat in his own Court, but an appeal may be made to the Select Committee controling the subject. See the Act, section 101. Every such Commissioner may appoint another County Judge or B.irrister-at-law to sit for him and act as .Judge wliile he is ex- ecuting the Commission ; and sucli instrument of appointment must be execute minutes of his proceedings and evidence given or produced before 24 A SHORT TRKATTSK ON H liim, and so many Builiffs and oiIkt Officers as he deems reciuislte, but no one can be so employed who voted or had a right to vote at such eleciion, \Yithout the consent and ajtprobation in writing of all parties interested. See the Act, sections 108, lOU. For Oath of Clerk to Commissioner, see App. G8. For Oath of Bailift' to Commissioner, see App. •!!.>. Alons; with Commission are sent to the Commissioner, true pies of the Election Petition, of the List of disputed votes, and CO such other documents as the Select Committee may think proper : and such are conveyed by Post. See the Act, section 111. Immediately after the completion of these proceedings, the Chairman of the Select Committee reports the same to the House, and asks permission for the Committee to adjourn until the Speaker, by his Warrant, may direct it to re-assemble, and such being granted, the committee adjourns accordingly. See the Act, section 112. For Report by Committee when a Commission has been granted, see App. 71. On the day appointed in Warrant, the Commissioner opens his court at the place assigned, by reading all the papers he has received from the Chairman, he then takes and subscribes his oath of office in the presence of the parties interested who may attend. See the Act, section 113. For Oath taken by Commissioner, see App. 70. The Commissioner must sit every lawful day from 10 a.m. till 4 P.M., and cannot adjourn except by the written consent of all parties, or their Agents, or permission of the Select Committee ; nor can he omit such daily sittings, except in cases of sudden accident or necessity, forthwith specially reported to the Select Committee, and verified upon oath of such Commissioner and his Physician, or by a party cognizant of the facts, and made before a Justice of the Peace, and such omission otherwise incurs a penalty of one hundred dollars per day forfeited by such Commis- sioner. See the Act, sections 114, 115. Such special report is considered by committee Avhen a new Commissioner may be appointed if necessary ; and in the event of the death of a Commissioner, a special report and return of all coxTiK )\'i:rtei) j*ai!Li a.mkmakv elections zo •ii liad and taken by such C\ z '1 commissioner may be made by the Clerk on Commission, if such action bo not objected to by those concerned and intere^tod. »See the Act, section 110. The Commissioner may from time to time adjourn to otiier places more convenient for examininj^ witnesses and scrutiniz- ing the rights (if voters, within the I^ivision. and at all times send for persons, papers and records relating to the trial ; and the Clerk nmst give true copies uf all proceedings to such as may demand them. :it the I'ate of ten cents for every humlreil worle, which the Commissioner semis through the Post, under seal, to the tl^peaker of the House, who accordingly communicates such receipt to the House. l»ut as this may sumetimes be impracticable on account of the (|Uantity of eviilence. such Commissioner nuiy, in >ucli casfitice of the issue of Mr. Speaker s Warrant re-assem- bling the Select Conuuittee, and issued when Parliament i.s in Ses- gion. see Ap]». 74. For Notice of the issue of Mr. Speaker's Warrant re-asscm- bling the Select Committee, and issued when Parliament is not in Session. See App. 7."). Froui the 122nd section of the .Vet it is cle.ir, that within two days after receipt of the copy of minutes o|' orocccdings had before the Commissioner, the Speaker is expected to issue his Warrant re-assembling the Select Committee^ charged with the case ; and if he receive such Ilettu-n dtu'ing the Keeess of Parlia- ment atid before a day has been appointed for re-opening Parlia- ment, the best way might be to re-assemblc such Comniittee on the eighth day after the comineucemoit of the next Session to he holden next after date of s;iid Warrant, or at least on some day reckoned weekly from that on which ^'.^rliament nmy be re-opened, for Parliament has no chance to be opened on a Sunday or Statu- tory Holiday, nor would that day reckoned weekly be ;i Sunday, and a little forethought would determine whether it would be a Holiday. ft. The Select Committee may direct any further or other War- rant to Commissioner, directing him to resume his sittings for further proceedings in the trial, or may send to him for all or any hooks, papers and records produced in evidence before him as Commissioner. Sec the Act, sections 126, 127. All questions as to the sufficiency or regularity of any pro- ceeding regarding the trial and disposal of an Election Petition. CONTROVKRTKI) PARLIAMENTAR T-KCTIONS 27 .ssiic liiti villi tlir • Piirlia- Piivliil- tcc on I to be DC fliiy I>oihm1, Statu- imday, (I lie a • War- igs for or any liin as [tition, ure wholly jiuljicd of and determined by the St »'Ct C- vmmitti -.and not hy the House. See the Act, section 15/). When the Select Coiiimittee meets to consid. '• the proe -iditi^s liad In-fore the Ooiiiinissiuiifr, it is custouuiry to examine first all cases nlleginj^ l>ribery or corruption ; heeiiuse, one ^^uch ease fully liroveii to u majority of the Committee, renders it unnecessary >f§ to proceeil further. If a Frincipul ^ive or pnmiise even n sand- wich and a alass of wine, before, duriuj/, or immediately after the Election, to one of liis voters; or if such be done by an Agent, with or without the knowledge and direction of the Principal, it has rendered void the election of such Principal. The next clas.^ generally taken into consideration is that of Aliens: because, it is the least difficult to decide. The other classes arc taken according to apparent convenience. Though the same name should ap])ear more than li' tlio ;»oii(>ral conrsi' utMoiilin*^ botwoen tin* pnrtios ; siicli as liciii^ more <»r less fr('i|iu'iitly. iliiriii^ tlu- t'lei'tioii. in rotupaiiv with the Caiididat*-: ('auva^-.iiijr for him: uttemlin^ iiuirc or loss trcMnicntly at his cominittoc-rnniiis, a»i\i the nc- P of till' i miMiihtT, !ir«' ili'citU'il liy a majority of \'>i»i's, tlio Cliairmaii lia-« a st'i-ontl or castiiii^ voice wlicii the votes ari' oijual. ami no niinihcr is uHoweil to refrain from voting on any i|Uestion : and whenever a lUvision take^ phiei^ nw any tinestion. the Yeas and Niiys are reenrded in thr minutes, ami ahm;.' ^\ ith the (juestion which eauseil >uch division, aif aj)[H'nded to the final report oi' the Coniinittce ami |iresent<(l to ihc ironic. Ser the Act, sections SH. H'J, 90. Vov r)iviuch determination \>^ final lietweeii all parties, and such determination heini; reported to the House, is eiitertnl in the Journals, and the necessary dirt^'tions given for Mltcrlug or eonfirming the Return. See tin? Act, sec- tion 1)4. For Final Report to the House hy Select Committee, see App. 7t>. 77. Every Memlai' who has served on one Election Conimiltce, and who within seven days after final' njxtrt made, notifies the Clerk of the Cieneral Committee of L]lfl|i'tion.s. tl a he wishes to he exempt from so further serving durin<; the ,Se>sion, is exempt. Se.^ the Act, section 44. For Notice from a member having served on an Elec-lion Com mittee and claiming exemption from further service during the Session, sec App. 71'. If Parliament be prorogue TIIEHt liECEl'TIOX. 1. Every iV'tition prcsi'utod to the Li^iri^hitivc (Jouncil or to rlio Legislative A.sr^emltly of this Province, within the time here- inafter for that purpose limited with respect to such Petition, and eumplaininfr of an undue election or rcttirn of a ^leuiher of the J louse to which the Petiti<>n is presented, to serve in Parliament, — or complaining tliat no return has heen made according to the rc(juisition of any Writ issued fcir tin election of a Mend)er of such House to serve in Parliament, — or comjdaining of the special matters contained in any such return. — ami suh.scrihed by f-ome person mIio Toted or had a right to vote it the Eljcction to which the same relates, or by some pci'son claiming to have had a right to he returned or elected tliereat. or alleging himself to have heen a Candidate at the Election. — shall he deemed an Election Petition : — And any such Petition shall Ite presented to. and all proceedings relative to it shall l)e had in that : :,-'- 1. ini.l =1 .{• tlic :': lit. — the )('!• of • tlK' '(1 by "111 to .^^ 111(1 a M liavc 'S .'tion 9 dnll 9 tvo il liich ence "'■ ■ and 3USC 3. In tho case of every such Election Petition arising out of an Election held in consequence of the expiration or dissolution of any Parliament, such Election Petition shall be presented to the Legislative Assenil)ly within the first fourteen days of the Session of Parliament corainoncing or being held on or next after the Uet\irn Day of the Writ under which such Election was held, — provided the said House has on the last of such fourteen days, entered upon and gone through with that head or division of the daily routine of the business thereof which consists in the present- ing and bringing up of Petitions; And if the said House in such last mentioned Crise has not entered upon and gone through with such heail oi division of the said daily routine on such last day, then, and in every such case, such Petition shall be so presented u{)on the first day thereafter upon which the said House has entered upon and gone througli with such head or division of the said daily routine as aforesaid, 3. In the case? of every such Election Petition arising out of any Election hebl otherwise than in conseijuence of tlie expiration or dissolution of any Parliament, if the day on which the Return upon such Election is brought into the office of the Clerk of the Crown in Chancery is a day on which Parliament is not in Ses- sion, or is one of the last fourteen days of any Session, then, and in every such case, such Petition shall be so presented within the first fourteen days of the Session of J'arliament commencing and held next after the day ou which such Return has been so brought into the office of the Clerk of the (.^rowii in Chancery, provided the House to whicli the Petition is to be presented has, on the last of such last mentioned fourteen days, entered upon and gone thr(Uigh with that head or division of the daily routine of tho lni>iness thereof wliich consists in the presenting and bringing up of Petitions ; And if the said House, in such last mentioned case, has not entered upon and gone through with such head or division of the said daily routine on such last day, then, an THEIR RECEPTION. the House to which the Petition is to he prrsontcfl, has, on the last of such fourteen days, cntorcd upon and rrono thfough with the said head or division of the daily routine of the business thereof which consists in the presenting an Act. by reason merely of the routine period for presenting and ])ring up such Petition for such day having passed, provided the same is so presented and brought up at a time and in the manner agreeable in other respeets to the orders and practice of the House. 6. No Session of Parliament which has not lasted foi- fifteen days at the least, including the day of its meeting and the day of its prorogation, shall be deemed a Session thereof within the meaning of the second, third atul fourth sections of this Act, or any of them. 7. If any such Election Petition contains any allegation of bribery or corruption, with a specific allegation of any payment of money or other reward having been made by any Member, or on his account, or with his privity, since the time of the return of the Writ under which such Election was held, in pursuance or in furtherance of such bribery or corruption, then, and in every such case, twenty-eight days shall be allowed instead of fourteen days for the presenting of stich Petition, which twenty-eight days shall in all such cases be reckoned from the day of such payiueiit exclu- fiive of such day. 2. And in all the cases in which by the live ne.\t preceding sec- tions of this Act, a further time is allowed beyond the fourteen days therein and thereby limited for presenting and bringing up Elec- tion Petitions not containing any such charge of bribery or cor- ruption as aforesaid, a like further time shall be allowed beyond the said twenty-eight days herein limited for presenting aiul bringing up Election Petitions containing any sucli charge of bribery ox corruption as afcognizaiiee shall lie entereil into by one, two, three or four persons, as sureties for the pi'rson ^ul)scribing sueli Petition, for the sum of eight hundred dollars in one sum, or in several sum? r)f not less than two hundrecl dollars each, for the payment of all costs and expenses which under the provisions lierein con- tained may become payable by the person subscribing the Petition, to any witness summoned in his behalf, or to the sitting Member, or other the party corai)lained of in such Petition, or to any party atlmitted to defend such Petition as hereinafter provided, or to any person who on the application of such Petitioner for the issue of a Commission to take evidence on such trial, is appointed a ' ;i lit ■ :M2 : i ; = ' i ! ■! »fi HKClMiM/ANrKKS. Comuii.ssioucf fov thiil juirjio^c (ir to :inv Clerk, Bailiff" or other Officer einployeil \>y siieli Cominis^siouer in or about, ur in aiiy way reliitiriif to the execution of the Commission issued to him in that behalf; — And such Recognizance may be in the form or to the like eff"eet as is set forth in the Schedule to this Act annexed marked A (1, • with such alterations a'^ are necessary to adapt such form 10 the circumstances of the case. [For Recognizance on the part of Petitioner, see App. 1.] II. Before any application shall be made to any Select Elec- tion Committee appointed under this Act, on the part of any Sitting Memljer interested or concerned in any such Election Petition, for the issuing of a Commission to take evidence upon the trial thereof, a Recogniz'ince shall be entereil into by one, two, thrtte or four persons, as sureties for such sitting Member, for tli(( sum of four hundred dollars in one sum, or in several sums of not less than one hundred dollars each, for the pay- ment of all costs and exi)enses which under the provisions herein contained may become payablf by such sitting Member to any Commissioner appointed for taking such evidence for such trial, or to any Clerk, Bailiff" or other Officer employed by su<'h Commissioner in or about, or in any way relating to the execution of such Commission. 2. Such l^ecognizance shall be entered into before the Speaker or a JusticH' of the Peace, as is herein provided with respect to other Recognizances to be enteied into under this Act, and shall be accompanied by AfliJavits of the sufficiency of the sureties as is provided with rcspetM to the sanu', or a deposit of money may be made in Hen of sueh 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 Recogni- zance; — and such Recognizamie may be in the form or to the like eff'ect as is set forth in the Schedule to this Act annexed marked A (2), with such alterations as are necessary to adapt such form to the circumstances of the case. [For Recognizance on the pait of the sitting Member, see App. 63.] liJ. Any person who enters into any such Recognizance shall testify upon oath in writii\g, to bo sworn at the time of entering into the said Recognizance, and before the same person by whom his Recognizance is taken, that he is seized or possessed of real or personal estate (or both) above what will satisfy all his just debts, of double the clear value of the sum for which he is bound by his said Recognizance ; — and every such affidavit shall be endorsed upon or annexed to the Recognizance, and such AflBdavit may be t% .IB : I KKrOONIZA.NCKS .17 Sllilll 's as ly be lieu md a tereil ;ogiii- like •ke.l rorni see shall jring r.sed y be in the form or to the likf eflect as i-* set forth in the Schedule to this Act annexed marked A (4), with such alterations as are necessary to adapt such form to the circumstances of the case. [For Affidavit nf suOiricney id" sureties, see App. 2.] Itl. In every such Recognizance and affidavit of sufficiency of sureties, shall be mentioned the christian and surnames in full, and the usual places of residence or busines? uf the persons becom- ing sureties as aforesaid, with such other description of the sureties as may be sufficient to identify them easily. 14. Every Recognizance hereinbefore reifuired. shall be en- tered into, and every Affidavit of sufficiency of sureties hereinbe- fort' re(|uireil shall be swui'n. before the Speaker of the House to which the Election Petition is to be presentetl, or a Justice of the Peace ; and the said Spetiker, and also every Justice of the Peace, may take the same ; And every such Recognizance and affidavit taken before a Justice, being duly certified under the hand of siich Justice, shall be deliverc(l to the said Speaker, who shall there- upon cause the same, ms '.veil as all such Recognizances and Affidavits taken befoie liiiuself, to be filed in the office of the Chief Clerk of the saiil House, for the information of tlie House and its Coraittees. and of all parties concerned or interested in the same. 15. Any j)erson by whom an Election Petition is signed, or any such Sitting Member by wliom an application for the issue of a Commissioi to take evidence as aforesaid is about to be made, may, instead of procuring a Recognizance for the amount or the full amount of the sums of eight huinlred dollars and four hundred dollars respectively hereinltefore re([iiired for such purpose, pay into the hands of the <'hief ('lerk of the House to wliich such Petition is presented, or to be presented, for the like purposes for which such Recognizance i.- hereinbefore reijuired, either the whole or any part (if such eighi hundred or four hundred dollars, as the case may be, which he thinks fit, not being less than two hundred dollars; — and in such case such person shall, if the whole of such sum be paid in, bo retjuired to find no sureties for such purpose, and if a part only of such sum be paid in, he si 'ill then be re(juirod to find sureties for so n)uch only of the said sum of eight hundred dollars or of four hundred dollars respectively, as the sum paid into the hands of such Chief Clerk as aforesaid falls short of such eight hundred (hdlars or four hundred dollars, as the ?ase may I»e. 2. Every sum so paid into the hands of sucli Chief Clerk as aforesaid, shall be carried l)y him to the credit of an account to be opened by him with the Speaker of the said House by his name I III M I ^U li fii t ll '1 :: i' fp I 'i 1 :^8 REOOdXIZAXOKS of <»tfice, and . shall he paiil out by sucli ('liid' (Jloik f'oi' ilic time being, from time to time, in (llscliargf of siicli Wariiints a-; may from time to time be issued for that purpuso upon him by the Speaker of the said Ilnuse for the time being. In pursuance of the provisions of this Act ; and the said Chief Chrk shall preserve in his hooks a remembrance of the Petition upon whieli every such sum of money has been paid into his hands as afdn-suid, as thf same has been stated by the party paying in the same, and >hall grant to such party a receipt or certificate for the same. 16. No money shall be deemed, for the purposes of this ('h:ip- ter, to liave been paid into the hands of sueh Chief (?lerk until such receipt or eertifieale is procured and delivered to the Speaker of the said House, who shall thereujjon cause a copy of the same, certified under his hand, to be fih'd in the office of the Chief Clei'k of the said House, for the information of the House and its Commit- tees, and of all parties concerned or intcrestetl in the sanu', and shall thereu}ion re-deliver the original of such receipt or certificate with a Memorandum under his hand of the same luuing been delivered to him according to the provisions of this Act, t(» the party by Avhom the s;Arae was so delivered to liim, as aforesaid. [For Chief Clerk's Keceipt for money deposited in lieu oi' Ke- cogni'/ance, see App. 4.] 17. No Election Petition shall be reeeiveil unless, at the time it is presented to the House, it be endorsed with a certificate under the hand of the S{)eaker of tlie said House, tliat the Recog- nizance her(>inbefore reciuired has been entered into anil received by him, with the re(iuired Affidavit of sufficiency of sureties there- unto annexed or endorsed, — or that the ('liief Clerk's I'eceipt or certificate for the amount of such Hecogniziince has been delivered to him. — or that a Kecognizance Avitli Affidavits of sufficiency for part, and the Chief Clerk's receipt or certificate for the residue of such amount, has been so delivered to him as aforesaid. [For Speaker's certificate as to receipt of Recognizance, see [For Speaker s certificate as to money deposited in lieu of Recognizance, see Ajip. /").] IH. No application shall be entertained by any Select Election Committee under this Act, on the part of any Sitting Member interested or concerned in any such Election Petition, for the issue of any Commission to take evidence upon such trial, utdess, at the time of such ap])lic .tion there shall be produced to such Select Connnittce copies, — certified under the hand of the Sjjcaker or the Chief Clerk of the House to Avhich the Election Petition in the case is presented, to be true copies of the same, — of the Recognizance herein required, to be entered into on behalf of such n I V??' V! RKCOGNIZANrES. 30 ecoivod tliore- t'ipt or iv(M-0(l ic\' foi- flue of Sitting Momlier, — of all Affidiivits hy which the sufficiency of the siiratie.-i in .-uch Rcco^jnizant't' lias been ostablishotl, — or of the Chief Clerk's certificates of the dejiosit of money in lieu of such Reeor^ni- zuncp or of >iu-li Kecoguizancos ami Alfidavits for any part of such iMuount, and of the C^hief Clerk's certificates for the residue thereof, as the fact is, — to;j:cther with nil Affidavit from such Sitting Member that he is acijuainted with the persons who have rnlcred into such rit'cojxnizunce, if any have been <;c'\en as aforesaid, and that he has reason to believe, irrespective of havijiLT the same sworn to by such {•erson,*, and that he does verily believe that such persons are vnrth the amounts respectively stated by them in their said Affidavits of ■•ufilicieiicy respectively; — And every such Kecop:nizance ^hall have the same re(|uirements as to tlie names and deseripti(m of parties and the manner of taking the same, as is hereinbefore pro- vided with respect lo the Recognizances retiuired of Petitioners-. [For Affidavit o\' Sitting Mendier as ti> belief of the sufficiency of his Sureties, see App. ()4.] I1>. In eituch Klection Pt'fition, that the sureties of such Sitting Member, or any "f them. are. not realy worth the amotmts stated in their Affidavits of siilfieienev respectivclv, — or that such Reco^rnizanee is o' iec- tionable upon >imilar grounds to those hereinafter mentioned in the twenty-iirst section of this Act, or any of them, or any other that shall appear to such Select Committee to re(|uire explanation or coi'reeiion. — such Select Committee may, if upon hearing the [larties they deem it just to do so, give time to such Petitioner to make good siieli objection, and nuike such orders fi'oni time to time as to the -ame. and as to the putting in of new Recognizances or a depo.-it of money in lieu thereof or part thereof, and as to the justifieation of the sufficiency of the persons entering into any such Jlecognizances. — as to such Select Conimiltee shall apjiear just ill the ]irenaises. 2. And all such orders shall be binding upon the parties inter- ested oi- ct)ncerned in such Election Petition, and tlie neglect of any parry to obey the same shrill be attended with such conse- i|iieiices in respi et of the same, and the prosecution or defence of his case befor<' such Select Committee, and the payment of co.sts to the party or parties incfpiivenienced or delayed, — which shall be taxed and ri'covered as hereinafter provided for the costs and expenses of proseeuting or opposing Election Petitions, — as such Election Committee thinks fit to order and direct in that behalf; — or the payment of such costs and expenses may be made a con- dition to allowing the party to {iroceed with his prosecution or tainod an order of such Select Kh>ction Com- mittee allowing the s;niie as siifticit-nt. 580. On or before ttie day when any -•lU'li I'ctilion is presontod to the House, or when notice of the intention ol" any Sitting Mem- ber to apply to the Select Committee foi' the ti'ialofsueh Kleetioii Petition for the issue of a Commission tarty or his agent, and shall he delivered to the Speaker ol' the House. Avithin ten put up an acknowledgment thereof in some conspicuous part of hi» office, and shall appoint a day for hearing such ohjectioris, not less than three nor more than five days from the day on which he received such statement; and the Petitioner and his agent shall be allowed to examine and take copies of every such objection. [For Speaker's appointment of a day for hearing objections, .see App. 27.] [For Notice of objections received and appointments for hear- ing them, see App. 28.] ■ionp- .•og- itt'd and or rter day de- of be •aid of ""es, .'*■ 93. At the time appointed, the Speaker shall enrjuire into the alleged objections, on the grounds stated in the notice of objec- tion, but not on any other ground ; And for the purpose of such enquiry, he may examine upon oath any persons tendered by either party for examination by him, and may also receive in evidence any affidavit relating to the matter in KI'KM"> tlicii, its snoii ;is the tiiin- lu'n-inhot'oro allowctl for stating any such objoctioii liiis ('lapsctl after the prcscntntinii tate»iient of ohjectinn, ho shall report to tlie Iloiist- tliat the Keeo^'tii/.aiK'os to such Peti- tion are iinol>ioctionahh'; and evi-vv siii'h report shall ho firnil and eonelnsive to all intents ami pinposcs ; — Aiid the Chief Clerk of the House shall make out a list of all Kleelion I'etitions on which the Spt'Jiker has reported to the House that the Rccognizamjes are iinohjeetional)!e. in which list tlio Petitions shall he arrtm^ed in the order in which they are so reported upon ; and a copy of such list shall he ke|)t in the office of the said Chief Cleik, and shall 1)0 o[)en to the inspection of all parties concerned or inter- ested in the same. [For Speaker's Report to the House on the validity of Recog- nizances, see App. 30.] [For List of cases reported unobjectionable, see App. 32.] 3. — ADMISSION OF PARTIES TO DKFEXD. 80. If at any time before the appointment of a Select Com- niittee, as hereinafter prosided, to try any P^lection Petition, the Speaker of the House to which snch Petition is presented is informed l)y a certili(!ate in writing, snbscribcd by two of the Members of such House, — of the death of any sitting Member whoso election or return is complained of in such Petition, — or of the death of any Member returned upon a double return, whoso election or return is eomplaiueil of in such Petition. — or if the said House has resolved that the seat of any suci Mondjor has by law become vacant, — or if the House be informed by a declaration in writing, subsciibeil by any such Mend^er and delivered to the Speaker within fourteen ihiys after the i]ny on which the Petition was prescnteil, (whether sueli fourteen days or any of them occur during a Session of J'arliament or during a prorogation tliereof,) that *t 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 men- tioned, and also to the Sherift' or other Retmning CMHcer for the Electoral Division, to which such Petition relates ; — and such Shcrifl' or otlier Retuniing Officer shall cause a true copy of such notice to be affixed in some conspicuous place in or near to the place where i.ie 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 ^hall, as soon as may bo, be communicated by him to the House. [For Notice to Mr. Speaker of a Member's death, see App. [For Notice to be sent by Mr. Speaker when a contested seat ADMISSION OF I'AKTIKS TO nKKKNP. 48 Ix'coincs Vin-anr, or the Sittiti;r Mcinltcr dcclims to ilot'fU after the tlay on which any notice was inserted in the (.ia/ette to tlio efleet that the seat is vacant, or tliat tho Mcniher returned will not (h't'end his election or return, — or it' either of tlit> said jieriods expire diirin;: a prorogation o|' Parliament, or diirin;; an adjournment of the House to which such Petition was presented f'oi' any period exceeilin;^ seven full days exclusive of the day of" adjournment and tho day of mectin Warrant shall l)e subject to the ilisap- proval of the House in the like manner as is hereinbefore provided in the case of the first Warrant for the appointment of the Gen- eral Committee ; — and upon any re-aj)pointnient of the General Committee, the Speaker may. if be thinks fit, re-appoint any of the Members of the former Comniiltee not disqualified to serve on it. [For Speaker's Warrant siipplyiiiL' a vacancy in General Com- mittee of Elections, see Ap[). 25. ] 39. The Speaker shall apjioint the time and place of the first meeting of the (Jeneral (.'ommittee of Elections, and the Commit- ft I»A\E1.S. 47 tec shall meet at thf tiiue ami place so appointed ; but no Mem- ber shall Act upon sucli Coniniittee until he has been sworn at the table of the House bv the Clerk, triily anil faithfully to perforin the duties belonging to a member of the said Committee, to the best of his judgment and altility, witliout fear or favor. [For Speaker's appointment for first meeting of the C.eneral Committee of Elections, see App. KJ.] [For Oath taken bv (General Committee of Elections, see App. 15.] 40. No business shall be transacted by the (Jeueral Committee of Elections, ludess 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 provide^ e Minute Book.] 43. If at the time of the dissolution or suspension of the pro- ceedings 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 oiIkt dav as to him seems convenient. [See App. 24.] 5. — PANELS. 44. Every Member having leave of absence from the House shall be excused from serviuir on Election Committees durinii; such leave ; And if anv Mt'nd)er in his i.lace offer any other excuse. ' t- It. the substance of the allegations shall be taken down by the Clerk, in order that the same maybe 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 serviuir on Election Committees for such time as to the House seems fit, but no Member shall be so excusi-d who does not claim to be excused before he is chosen to serve. '■til ,11 ^1 ■4 48 PANELS. 2. 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 he excused from so serving again, shall be excused during the remainder of the Session, unless the House at any time resolves 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. [For Forms of excuse for not wishing to serve on Select Elec- tion Committees, see App. 14.] [For Notice from a Member having served on an Election Committee, and claiming exemption from further service during the Session, see App. 79.] 45. 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. 46. The Clerk of the House shall make out an Alphabetical List of all the Members thereof, distinguishing in such list the names of every Mei iber 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 House, on or after the fifteenth day of tlie first Session of every Parliament, in the Legislative Assem- bly : and on or after the fifteenth day of the first Session after the periodical Election of Members in the Legislative Council, — and be thereafter printed and distributed to the Members of the House with the printed votes of the Iloiu^e. [For Alphabetical List of Members of ti\e House, see App. 13.] 47. During three tlays next after the day of the openly read- ing 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. 48. The list finally corrected shall be referred to the General Committee of Elections, and the General Committee shall there- from select in their discretion four, six or eight Members whom they think duly (jualified to serve as Chairmen of Election Com- mittees, and till' 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 PANELS. 49 upon the (,'Ii.iiniiciis Panel, lie shall nut lio lialilr or qnalificrl to servo on any KIc('tiou Conanittee (itlicrwisc tlian as ("liairni.in ; An|' the Ceneral Cnnimittee of Elections his claim to li(> diseharired from eontinuinjr u])on tlu' Chairmen'.^ Panel, shall he so di-ehar^jied accordingly. — and every such Mem- lier shall In; excused from scr\iii;;' upnn any Election (Joiamittee, either /is (.'hairman nr niherwise, during the remainder of the Session, unless in either of such cases, the House should at any time resolve, upon tlie report of the . IH.] [For Notice mentioned in proviso, see App. 7'.'.] ■10. After the (.'liairmeii's Panel has been so ii.«: aforesaid selected, the (ieneral Committee shall ilivide the ^L■mbers then remaining on such list into three Panels, in such manner as to them seems most convenient, but so, nevertheless, that each Pamd may contain, as nearly as may be. the same number of Members; And they shall report to the House the divisions ?o made by them, and the Clerk shall decide by lot at the table the (U'der' of the Panels as seltleil by the (ieneral (.'ommittee. antin";uisli each ai(l. — and sliiill al.-d fVoin tiiiu- to time (liMiii!j;uisli in ilic iiiaiinor aforcsniil in tlio sjiid Piuiols. tlic names ol' tlic; McMnliors \\>v the time boini: cxi'visfd or disfpialifiid for any of tlic reasons iiluiosaid: And tlio (xcnoral ijm iniitH'c ^liall, as oi'lcn as they think lit. rt'i)ort to tlio Mouse the lands as corrcrtcil ; and as ol'tiMi as die (ienoral Coni- rriittco reports tin.' -aid l*anels to liie House, tliey shall he jirinted and distributed with tlie votes of the House, and the names of all the ^Ieml»ers so ommitted shall he also printed and distributed witii the votes. [For [•'orm of Amended I'aiiels. see App. •")•').] [For Report of eorreete the nundier of .Select r'onnnittees then abn ; And ill every ea.S(( in whieh the proeeediiiii's in any Petition inserted in such list are afterwards suspended, the IVtitiwn shall be struck out of the list, and shail i»e aL!ain inserted at the buitoiu of the list, at the end of such suspension ol" proceedings. [["'or Motion referrinir all Klection Petitions to ilic (.ieneial (,'ummittee of Elections. s(>e A pp. iN.j [For ^Totion to disehar^'e ret'crence nf I'et ili'Ui,- in tlietJeneval Committee of Klection.-, .>ee Ai>[i. lU ami :*1.) [Fur List nf eases lepnrlcd ujidhjectioiiable, in urder a.'i reported, see A]]p. CJ.] •il. When notice of tlie death or \,icaiicy of the -eat (d" any .Meinlter petitioneil a;^'ain>t. or that it i- noi tlu' intention of sueh .Meiulier to defend his (deeiion or return, is i/iveii to the di notice, until twenty-one day-: afier tlu' day on which notice of such death or vacancy, or iuti'iition not to dofeiid, has been in-oied in the (',iii'i'lii (!•!■:, (I,, under the provisions hereinbefore contained: unlev, ||,,. I'eiiiiun uf some persoii elaimin;:; t.' i»e admitted a-^ a paiiy in the room of ^ludi .Meml)er be sooner referred to them. an. When more than one Efctiou Petition relatili'j,' to the same election or rctinai are referi'eit to the (iein lal ('ommittce of Klectious, thev shall suspend their proeeeditiiis in the nuitter ol' all siieh Petitions until the report r in whiidi the saiil J^etitions stand in such list, and they shall fr- nil wliifli tlicy will iia-rt for cliod.-.iiiH; siicli Coniniit- tt'cs, Imviiiii; rcjfjinl to the iiiiiiilifr ot' Sclfct (.'niiiiiiittccs which may then be sittiiii; for the trial ot" Election Pctiiioiis, niul to the whole iiuniluT of such ('oiiiinitteo then to he a|)|)(tiiite(l. — and they shall report to the llo\i.-e from rime to time the days appointed by them for i!lioosin;!.] •17. If Parliament i> proroiiiied after any I'lleetioii Petition has been presented, but liefore tlu' ap|»oiiitment of a S(dei't Coiumittee I' lia ve been then re)»orletl unol)jection- able, ajipoint a day and hour for selec-tiiiL' a (.'omniittee In try tlie Petition so standiiii;' o\er as aforesaid: '2. Provided tilways, that if the number of Petitions so standin;: over be so irreat that the times for selecting (,'onimittees to try the whole there(d' cannot in the judgment of the (icneral Committee be conveniently a|. pointed within two days after their tirst nieel- ing, the said (.icneral Committee shall, within two ihiys after their first meeting, a]»point the times for selecting Committei's to try so many of the said Petitions as the said (ieneral Committee deems convenient, and shall al'terwards from time to time, as soon as conveniently may ln', appoi.ii the tinu-s for selecting the Comn'il- tees to try the remainder of such Petitions. •58. Notice of the time and place at which the (.'ommittee will be chosen to try any Election Petition shall be published, with the i)rinted voles, not less than eight day.> before the day on which such (.'onimittee is a])])ointed to be (diosen : And in ease the eon- duct of the Ketiirning Ollicer is complained of, such notice sliall be sent to him through the Post not les> than foiiiteen days before the day on which such Committee is appointed to be chosen; And every such notice shall direct all partii's interested to attend the General (,'ommittee of Eleciions ]»y themselves or their agents, at the time ami place ap|)ointed for choosing the Sidect ('ommit- tee ; And if after such notice has bei'ii j)ublishe jtrintcd votes, and in case the conduct of the Returning Ollicer is com- plained of, such notice shall be sent to him through the Post. [For Notice (for votes) of time and place for selecting com- mittees, see App. -34.] m 'I t •.■i, •IS: i i- III APl»OlNTMKNT OV SKI,K(T COMMITTERS 53 •Ml. ll" imtii-f 1(1' tl»<' tlcMili ur viKMiii-y of tlic si-iit of any Mom- Ih'V |ntiti<>)U'il ii;.Minst, (ir tliiit it i« iint tlio iiiti'iition ui" such Meiu- l»or to (K'lViiil his t-lcctioii or rt'tuni. has lit'rii inserted in the ( 'itihiihi (iirullf liy oi'ilcf of till' S))c;il<(M' .'is licroinbofort' providetl. and no party \\<^> licrn ailniiitcd to ilfCcud siu'li ol'-ction or return. — theti it' the contlucl of the Ueturninir ()llio<'r is not eoniphiined of in such I'ftilion. il sliall not hi- necessary to iiis(>rt such Peti- tion at the hottoin ol" the then list of l*t titions, hut the (jcneral Coinmittoe of Eh-ctions shall meet l'"i' elKjosin^ the Select Com- mittee to try sueh Petitiun. as soon as conveniently may he after the expiration of the time allowed for partiis to come in to defend such election or return; Anil not h'ss than oin' day's notice of the time and place appointed foi- chcosin;; such Committee shall lie ^iven in the pvintcd voles of tin- I louse, and in such case it shall not he necessary to deliver lo the Chairman "i" the Select Committee foi- the trial id" siu-h Klection Petition, a list of the voters intended to he ohjecli'il to as hereinafter i- rei|uired in other eases, nnlos the saiin- is specially oruch Select Committee. . I m iJO. The (irneial Couuiiittcr of Hlcctious may c h, ii;:e the day and hour appointed hy them for choosing a Select <.'onunittee to try any Elei-tion JN-tition. and apj)oint some suhsemient, oi. hy the consent of all |)arties cinceined. some ♦•arlier day ami hour for the sam(^ if in their judgment il is expedient ?o to ilo. giving notice in the printed voti's of the House, of tlu' d.jty •md Ikhiv >jo suhseipu'iitly aiipointed : .\nd in exci'v case in v.hicli any such change is unide hy them, they shall forthwith report the same to the House with their reasons for making such chaivre. [Fov lU'iiort of time changed for choosing a Select (Committee, sec A]ip, -it).] "P'^or Notice (for votc>' ot'liuie changed, see *v pp. -''".J 01. Xotici' shall he puhli.-hed. with the \otes. of the i'etitions ap})ointed for each calendar week reckoned from ■ irday to Satur- day inclusive, and of the Panel from which Connuittees willlie chosen to try such Petitions: And each Panel shall serve for a calei\dar week, lieginning with the Pain-l lii'si drawn, and continu- ing hv rotation in the order in which thevwere diawn, and not reckoning tho-e week> in which no Selet-t Conimitti-e i- to he chosen. [For Panel in weekly service, see Ap)i. •>.").] )p(^nitei i\*Z. The (jleneral Commitlei- shall meet at the tinu^ and place appointed for choosing the Coiriinittee to try any Klection Peti- tion, and shall choose from the Panel in. service four Memhers not being then excused or disi.|ualitied from any of the causes aforesaid, and Btft specially disiiualified i'or lieing appointed on the Coinmit- "i\ v»? v'ii.r 54 AI'POIXTMENT OK >KLK('T (,'OMMITTEES. I 'lA . I tee to try such IVtition for any of tlic follnwinjr tausi's, that i.s t<» ^iiy : — liy rt'ii.son of having votoil at the Elt'ctimi, or hy reason of heiii;; tlie party on whose hehalf the seat is (lainntl, or reluteil to him i>v to the Sitting Memher hy kindred or atlinity in the first, -t'cond, third or fourth (U'''rec aeeoi'diiij; to thi' civil hnv. ttJI. If at the least four Mendiers then ))resent of tlie (Jeneral (.'oimuittee of Elections, do Hot iitri'ee in clioosinn- a Committee to trv anv Election Petition, tlie (Jeneral ('oinniittee shall adjourn the choosinj^ of that ('oniiiiittee and oi" the remainiiiLr Committees ajipointed to he chosen on the same day. to the following en durin;.; an adjournment of the House, then on the day to which the House stands adjourned, and so from day to day until all such Committees are chosen, or until the (iencral Committee of Elections is dissol\>d as herciid)efore pro- vided : Ami the (icneral (.'onimiitce shall not in any cast' proceed to choose a Committee to try an Election Petition until they have chosen a Connnittee to try every other Election J'etition standing hi^rhi'r in tlii' list aforesaid, the order for referrin;^ which has not then heen tlischar;j;ed, ( \eept in the case when the day orii;inally appointed for idioosiiiif a Committee has ])eeii idiaiiired under the jirovision hereinhefore contaim'(l. O-l. ( )n the day apjiointcd hy the (jeneral (Joiiunittoe to choose an l"]lection Comn.ittee. the .Mcmhers upon the Chairmen's Pantd shall, ill tlie manner hereinafter proviiled, select one of such Mem- liers to act as the Chairnnin of such Election v'luumittee.— and when they have Ijcen informed hy the (icneral (.'onimittce that four Mcmhers of such Election Committee have heen chosen, they shall communicate the name of the Memher so selected hy them ti) the General (,'onnuittee: hut no .Memher shall he si) electetl who would he dis<|ualified from serving on .such Committee if not upon the Chairmen's Panel : 2. Provided, fir.stly, that if with itdercnce to any Petition for tryin;.' which they are ahout to appoint a Chainnan, the Meinhcrs of the Chairmeirs Panel re<>eive notice from the Speaker umlcr the provision liereiid)efore contained, of the death or vacancy of the seat of the Sittin;; Member petitioned against in such Petition, or that it is not his intention to defend his seat, they shall suspend their proceedings with regaruch oeeiisiuti, or of the (lissom o( tlic Member proposed to bo sdeeteil, or of ajiy other Member thereof, fioin any >iieh proposetl selection, then, and in e\ery .-ueb ease, tlie (.'liairmen's Panel, or such of them a.>> shall be present, shall, in the presence of the parties interesteil or eon- eerneij in siieh Kleetion I'etition, their (,'oiinsel or aLrent, or such (>f them MS shall attend, prorned to select one of such (,'hairmen s I'anel, by lot, to bo the Chairman of such Kleetion Committoe. 0»5. Snbjert to the provision.- of this Act, the Membei> upon the Chuirnien s Panel may from tinu' to time make such He'^uhi- tions as they find convenient for securing the a|ipointnient or selection of (,'hairnii'n of Election Connnittees. and for distrit»iu- in^ the duties of (.'bairmen auioUL;' all of them. 00. As soon as the (ieneral Counnitlee id' Kledions has choxn four Members of a Committee to try any Election I'ctiiion, and has received from the Members oi" the Chairmen's Panel the name of a Cliaii'iuaii to serve on such <.'(uumittre, the i)arties in atteml- ance shall be ealleil in. and the names of the Members so chosen and of the (Jhairiuan >liall lie read over to them. 07. After hearinu' the -aid names, the parties present shall be directid to wltlidi-aw, and the (Ieneral Committee may ))roeeed to chose another Committet' to try the next J'ctition appointed for that day, and so on, until all the Connnittees appointed to lie chosen on that day are cho-en. adjourned a< aforesaid : — And after any such adjourn- ment, till' (Ieneral (.'(numitlee -ball not triinsaet any nuu'e business on that day, except with re_iriii. Ifai the least f■■, I I' ilif Mfiiilicr to wliHiii an V Mich oltjcctioii is >iili>laiiliatril i-; the Chainiiaii. tliry shall soml hack his iiaiiif to the Mcinln'is of the ( liairiiicu's I*miicI. ami tln' .McnilitTs on tin- ('liMiniK'n's I'aiiol shall pioci'cd to . .Miiilee of Kleclions shall i^ive notice thereof in Meuil ritlug to eacl' ut tlie .Meuil)crs so chosen. — ami with every siieh notice hall I le ticut a notice < if ll le L'cnera 1 and • pecial iiroiim Is of disfjualifieatioii ami excuse from serving:: hereinhefnre nieiiti(uied. and of the time ami place when and wlure the (leiieral ('oinmittec will meet on the tollowinij: day. — and notice of the time and ])lace of such meetitiL'' shall he puhli>heil with the jiriiited Mite.x ol' the House. [For Notice to lie -eiit to MemlxM-s s(dected to >ervc on Klec- tion Committees, see App. 4"J.] [For Notice (for votes) of time and place for mertiiiL' of (fCTi- cral Commillei' of Kh'ctions, see .Vpp. 4;>. ] 7^. The (ieiiei'al Committee .-hall meet on the followiiiL' day !it the time and place iiienli(Uied in such leMice as la>I al'oresaiil ; — and if any su( h Memher then and there jirove to the satisfac- tion of iit least four Memhers then present of the (ieneral Com- mittee, that for any of the rea>ons aforesaid, he is di-ipialilied or excusefl from serying on the Committee for which he has heen so chosen, — or if any such Memher prove, to the sati,->facti(Ui of at least four Memhers then present id" the (ieneral (Committee, that there are any circumstances in his case which render him ineligi- ble to serve on such Select Committee, — such circumstances having regard, not to his own convenience, hiu solely to the impartial character of the Trihunal. — tlu' (Ieneral Committee shall proceed to choose a new Committee to try that Petition in lik<' manner as if that Metnhcr had iK'en ohjected to hy any party to the Petition ; — And if within the space of one (|uarter of an hour after the AI'I'OINT.MKNT Ol' SKM'UT <'O.M.MnTp:KS tiiiic iiu'iiliuiu'il ill the iidtiiT. iid MimhIht so a|»|ii':ir, 'T if ;\iiv Mi'inhci" •() iippciriii;: dnch nut prove liis (li.xi|ii;i!iti(:itinii oi excuse to tlic sati-nictioii of at lea-it four MiiiiImts ilien jiicseiit of rlic (uMieral Coimiiittee, tlio Select C'oiiimittt'e sliall lie taken to lie a|)|)oiii ted. 7*t. At tlic liieetili;^ of the lloii^e for tlie ilc<)iateli of liilsiiiesS next alter aiiv sitcli Select ('niiimiltrr has liceii a|ij>iiiiiii(l. the (ieli'-l'al Coialiiittee ol' Kleitioii> shall i'e[>oi't to the Ilnii'-e tie' names of the Select Coiiiuiittce a|i|ioiiite(l. and sJiall aniicx to mieli r. |ioii all Petitions relbrred tu iheni hv the House which relate to the I'l'liiru or clecuoii of which ^udi Select CoiiiMiIlt to trv the ite'Vits, and such i'e|ioit shall lie |eili|islicil with the ihli ee l> a|i|ioiiite vnte [For llepoi't of the liatne- mI" Selecl ( "oMiuiit lee clio.- cii, see fore four of the clock on ihi-nextdiiv iin wliieli App. .4,1 r I. At or \n the lliiiise nie<'ts for the despatch of liiisin('s> aftei -iich report, the live Meiiihers chosoii to he the Select ( 'uiiiiiiitlee shall attend iti their places, and shall hi fore u'piirliiij; the IIol'^e he sworn at the Tahle hy the Clerk, well ami 'ruly to try the matter of the Petitions rct'erreil to them, and a irue jiidirinotir to give according to the evidence. — and shall he taken fi he ' S(dect (Jomniittee legally appointed t ol'i' " ret ..n uf iegalily .if .IV 'jironnil election so referrctl to them hy the House : And t: such appointment shall not he calhd in HUesiine wliati'ver And the Meiiil ler SM aiMioin ted f roni I le . liairiri'Mi s m e ; auil tliev ne ' hi::' o I'auid shall he the (Jhairnuin u\' such Ci> not depart the Hmisc until the time for tie i mittee is fixed hy the House, as hereiiiaflci' provided. [For Oath taken hy Select Committee, sei App. 17. J lit f such Con 7.T ir air Mcml )er ol the -ai d Seh'ct C.)nniiitt''e does not attend in his place within oiie hour after four (d' the »-|ock on the day appointed for swearing the ComiuittL , provided the House sits so long, — or if not, ihen within lh<' like time on the follnwing day of sitting, or if, after aitcnding, any Meniher dejiari the House before the said Commiitee is sworn, uidess the Connuitteo he discharged or the swearing of the said Cominillec he adjourned, as hereinafter provided. — he sliall he ordered to he taken into the custody of the Sergeant-at-An'is altemling the House, for such neglect of his duty, and shall '"■ ■ ihcrwise punished or censured, at the iliscretion of tlie Hnii.-c. tinles,-, it appear to the House hy facts s|)ecially stated and verilied upon oath, that such Meiuher ted I rom allele was by a sudden accnlent "V hy necessity pri'Ven ing the House. [For Motions to lu' iv.aue when a meniher of a Select Committ is absent at tinie of swearing, see App. oO.J 9 ee ii -m m 5H PROCEKDTNGS OF SELECT ELE<'T[(n^ COMMfTTEES. Ill 1 " P-'f.? I: , 'it TG. If any J^iifli absent Meinltor bo not lii(Mi<;lit ';ito the House within tln-eo hours aftor four of the (lock on the; why the attendance of any Mend)er of the Committee should he dispensed with, the said Committee shall he taken to be (Uscliarjfed, and the ( Jeneral Committee shall meet on the followinj; day. dv if such f(dlowin;j; day happen ilurini; an ailjourni.ient of the House, then on the day to which the Hoii.sc stands adjourne(l, and shall proceed to choose a new Committee from the Paiud on si'rvice for the time hein,i:. in the manner here- inbefore provided; and luitice of such meetin;r shall be published with the votes. [For Motions to be made when there is an absentee on second day of swearin^i;, see App. i't'2.] [For Notice (for votes) of nieetin;i of (Jeneral Committee of Elections to select another Committee, see App. ');). | 7. — Piioct:i:Di.\>*s <>\- si:i,i;('r klection I'oM.MrrTi'.i'S. 78. The Hou^e shall refer the Petitions in each <'ase for which a Stdect Election Comm Itee has been .no reported by the (leiu'ral CVmiraittee (d" Elections, to the Select Committee so appointi'd and sw. 4!).] 70. Every >nch SrU-ct Coiiiiuittec sliiill iiioot ;it tlio time aiiL', and shall prucccil to try the merits of tlie Election Pitition .s(t rt-furred to them, — and they shall sit frniii day tn day. Sundays and other statutory holidays only excepteil, and shall never adjourn for a lonn;( j- time than twenty- four hours, unless a .Sunday or other statutory holiday intervene, ami in such case not for more than twenty-four hours, exclusive of such Sunday or other statutory holiday, — without leave fir.>t ol)taineil IVom ttie House upon motion aii'l .-pecial eausr assigned for a longer adjournment ; — And il' the llon^e he fitting at the time to which -^ucli Select (.'onimittee is adjiMune(l, then the husi- ness of the House shall !»<' stayed, and a motion sliali he made for ;i further adjournment, for anv time t'. " e fixed hv the House. 2. Nevertheless, if such Select Committee have ficcasion to apply or report to the House, and tlio House be then adjourned for more than twcnty-f'Hir hours, sueli Select Committee may also adjourn to the day a))pointed for the meeting of the House. [For Motion and cause assigned for an adjournment, see A pp. ad.] [For Motion to niljourn the House from six to lialf-j)ast seven o'clock, P.M., to enable Select Election Committees to meet, see Ap]). 57.] [For ^Motion to ailjourn the House for ten minutes to enable Select Election Conuuitlees to meet, pru futina, see Aj)p. •")S.] [For Motion to furtlu>r ailjourn a Select Election Connnitlec by House, sec Ajip. .VJ.] M>. The parties complaining of or defending tliw elei-tion or return complained of in any Election Petition, shall. — except in the case provitled for, in and by the fifty-ninth section of this Act. — or where otherwise directed l>y order of the Scdeet Com- mittee, appointed to try the validity id' such election, — by them- selves or tlieM' agents, deliver to the Chairman of stieb Select Committee iista of the voters intended to be objected to. giving in the ^aid lists the several heads of objection, and distinguishing the same against the names of the vaid Ch;iirinaii shall cause stu-li lists to lie lile(l amongst the proceedings of such Committee, open to the inspection (d' all parties concerneil. [For List of \'otes intended to be objected to. see .\pp. d(l.] ^1. When not otherwise directed by order of .-ueli Select (. oui- miitee. the -aid lists shall be so delivereil to the said (.'hairman iit any time l)efVu'e six o'clock h\ the afternoon of the day on which by order of the House >uch Select <.'IN he made hy them for that purpose, on the fii'st day on which they meet timl ])roceeil with the eise icf'ened to them, or nu any day to which the consideration i>\' any application I'oi' such an order .-hall ln' adjourned. re(|uire the delivery of" such lists, in such other man- ner, at .>ueh otlirr plaee, and to sucli otlu-r person as in their lud^meiil i> more convement t" the ])arties conceiiud. oi' m'U < ynducive to the em Is of piStU't' An.l any such oroer havmi; heen so made hv such Select Committee, the said Committee mav. upon the suh>e<|uent consent in writinj; of the parties to >ucli Kleclion I'etition to surli diri'ction.s c-ontaineil in such oi'iler. either as to tinu'. place or pei.Min. as lo smh Select Commitii'e from tinu- to tii ui' appear- more eoiiveuiiMit lo ilic partus con- cerned or more condueivt' lo ihe ends of justice ; — Ann -hall, for inibrma- il, tioii onlv. lie rc'iioiteil i>y the .-ault onnuiltce to thi' House, hytue lou-e ue.\t alter -ueli order has heen made hy such Select Committee, with llieir rea.-on- for haxin,;:' made the same. N3. N o e\iuem'e iia n he iriven I'efiri- the Select Committee, or umler any Conimis-ion is,-ued hy such Counuittee, a;:;ainst the validity >if anv vot" imt ineluded in one of tlu' li-ts (tf vntei's del ini lV«'re( lude.l 1 a- al ori e,->:iiil. lU' upnii any head of oKJectinn to ,iiiy \o|er in anv s)ic list, otiier than nne of the hea sp ifie.l air.aiu-t liiiu in -uch list. N^l. No Memher of anv -uch Select Committee .-hall ahsent himself fi-Diii th" -ame. w'lii.'iii h-. \. .!: aine Mill ilie Ml.-e, (U* an f.M'U-e allowed hy the House at the no.\r ,sit'inL;- theriof. for tin- cau>e iif -i( kiie->. vei'ifi^'d np'ili the o.ith id' In- medical ;itlend- int, or fur oHier -peeial eau-e -i;i"\ii and \'■ di<('harj;ed from attending; and shall not he entitled ai^aiii to sit r e\eu-e allowed are ioel.- ,\nd in ca-e ;ill -;ui'fi Memher- d" imt mee' within one hour afi i' the tiiiu' appoiiiir the Hi >l iiieetili;; of siu'li ( 'oiumittee, or within one iiour aft. ilie time in which -uch ('nmmiitee ha-; la^en ailjourned. a fiiit tier adjournii-'iii -ihall he m ide and laperied lo the Ilou^e hv llieii- Chairman, with thetau-e tliermf. PI{()('Ki:i)L\(;S OF SELKCT KLFXTION COMMTTTKKS (11 [For Report when a Mciu'nor is absent from a Select Election Coniniittee. sec App. ii- tiii;Xi :i"'l shall then b'> ordered t>i br taken into the cu>t(Hly of the Sei'L'caiit-at-Arnis attendinir tlie Ilou.--e. for such nejjilect of his duty, and shall '"> otherwise punished or censure(l at the diseretitui of the House uiiless it appears to the House by facts specially stated a)id verified upon oath, that such Member was by a sudden ac cideiit or liv necessity in Coniniittee l'e\el,!e( 1 from attt'iidiiii' the said Stdeet [For Affidavit nf exen.-.e for ab-ence fmui a Select Kleetimi Committee, see App. i\'2. | SO. An Election Conuuittee ary abseiu'c of the Chairman first apjiointid, the remainiiitr Members of the Cnmi nit- tee sh:;ll elect one (if themselves In he Chairman. — and if in ttiat electimi tlic'.'e be an ei|ual nmidier of voices, the Member who>e name -lands foremost in the list of the Committee as reported to the House, shall have a second or eastinj' vote. S7. If the nunilicr of Meml'crs able to attend any >uch ^(dect (.'ommittee i-^. hy death or otherwise, unavoidably redin-etl to less ilian tlo'ce, and so comiunc for the >pace of three ^ittiujL; days, ^ue hei-elnafter ])rovided.) and another shall be appointed to try the I'l'tilioii rererred to such Cfuumitt' c ; — and the (Jeneral Commit- tee an 1 Meiidiei> of the Chairmen'.^ Panel shall meet bir that puipo ( as >ooii as eniiveniently maybe after the occasion ari.-i's, at a Auy anil hour to be a])pointed by the (iem'ral (,'ommittee, and notice of .-iieh meeting shall be publi-died with the votes: — And all the procecdin:r> o|" hall be voi(l and of m» efVect. except only any (luler that imty have bci-n made by them for a Commission fVir the examination of witnesses and the proceeding"- under such Oi'di ;• ami (.!omniis-ion, which shall be as valid and t ib-etual as if the dissolution of >-ucli Conmiitiee lliol lot takni iiliice, ami shall he mai e use oi II V aiiv other !S(dect Coiiimitlee thai Miay be appointed tti try >uidi Election I'etition, a.- if .-iicli ( >i der ai d (' iiiniii-- !■ n had oecn maoe ami i^-ue( 1 iind er their own aul lionty acci'idiii;,' to the provision** of tlii^ At J'; 1 Ni'Vei ih il all the pai lie-- bedbre the (Jouuiiiltee consent tlieuto. the iwo i( iiiaiiiini; Mendicrs of the C<»nimittce tu* the sole 62 rROCEEDINOS OF yEl.KCT ELECTION COMxMlTTEEf^. ronijiiiiiiig Monibor, if only one, shall continiU' ti) act and .shall thcin-'cforwaril constitute the (.'itininittet'. ^iS. Whenever any such Select ('oiuiiuttee think it necessary to ileliherate anion;^ thrni^elves upon any (|uostion arisiii;^ in the course of the trial, oi' u[)on the deterniination thereof, or upon any resolution eoin-ernin;j; iIp' matter of the Petition •.•eferretl to them, as soon as they have heard the evideiiei' and (Jounsel on hoth sides relative tliereto, llie room uhere they sit shall he cleared, if they think proper, \\hil>t the Memhers oftiie Commit- tee consider thereof. ^9. All (piestions hefore tin- Coiuniitte*', if for the time hein;j; consisting of iiiore than one Meml)er, shall he decided hy a majoiity of voices, and \vhene\er the voices are eijiial. the Chair- man shall have a -ecniid or casiiiii^ voice ; and no Memlier nf the Committee shall he alhtwed to refrain fri>m votinij; nn anv iiues- tion on which the (.'ommittee i> divided. 00. Whenever the Select Connnittee is divided upon any <(nes- tion, the names of the Memhers votiiiji in the airnnialive and in the neaid Connnit- tee. and shall he repm'teil to the ILmse, with the (juestions on which such divisi(nis arose, at the same time with the final report of the Commictee. [For Divisions in Committee and appended to the final report, .see App. 78.] 01. [f the parties or any of them tiesire it. and such parties or those so desirinti it make such arrangements as in the opinion ot the sairl Committee are proper and sullk'ient to secure such ohject and the paymetit of the luM-essary expense to he ineuired therehy, — the Select Committee shall he attemled hy a short hand writer, to he a|)pointed hy the Speaker of the IIous(>, and sworn hy the Cliairunin of the said Committee laithfully ami truly to take down the cvideiu'e given ])eftire such Connnittee, ami from day to f eviih'iice or pi-evarieates, or otherwise iiiisJichaves in •'ivinir or refusint; to jfive evith-Mice, — The Chairman oi' sueii Select Committee, by their tlireetion, may, at any time during the coiirsi' of their ]pro('ee(lini^s. I'cport the same to the House for the Inter[K)sitioti of the authority or eetisure of the House, as the case requires, and may by a Warrant under his hand directed to the Serr tlicir (ipiii.oii. ;it the s.iiiic liiiir tliid llicy iiiforiii tlic lloiix- of hii. Ii \\r]\ it'Miliitioii. iind iimkc sui.-Ii i)i'(ki-.s tlicrt'itii as lo tliciii sitims |)iii]icr. -. rruvidi'il alwuvs. ami it i.- lirri'ltv (•xiirt-->!v (K clariil, lL;it tlic power coiilVrvc'il hy lliis section upon tlie IIou^c sliall not extend or l)e eonstiueil to extend to the order or oider>. i"e>ohilion or resolutions, eontainliiix or ileelarin^ snch determination of sneh Select Committee, — or to any orders or resolutions of such Seleet ("ommlltee toiiehiliLT ihe delivery ointment of any Select (.'ommittee for the trial of any Kleetion Petition, and lieforc ilu'V liav(; reportecl to the House their detorminatlou thereon, puch Committee shall not he dissolved hv such prnro;ra- tion. hut sh.ill he therehy adjouriii'd to twelve o'clock on the day immedialcdy followin^i' that on which I'arliament mect> ai^ain for the despatch ui' l.u^iness ( Sunday and all oilier stalutorv htdidavs always excepted i. — And all pi occedin:i> (d' such (.'ommittee and on any Commission to take evidence is>ued umlcr the authority of siu-h ('ommittee. shall he ol" the same force and otfect as if Parlia- ment had not heen so proi oiiued. and such Committie shall meet on the day and hour to which they are so adjotirned. and shall thenceforward continue to sit from day to ilay in the inanner liereiidtefore provided, until ihey have reporti'd to tlii' lluuse their determiiiatioii on the mcrit> i t' >iicli Petition. S. — iuM.Ml-,-IMN 1(11! TIIK K.XA.Ml.NATluN ol W ITMlJ^SK.S. 97. rpoii itH appeaiiiiij; to any such Select Election Cotnndttee, from the natiirr (d' the case and the nuniher of witnesses to bo examined relative to any particulai' allcLMtioii or alleviations in the Klcctioii Petition, that the same cannot he ciVcctually imiuired into heforc mich (.'ommittee. without iri't'at expense and inconve- nience to the parties or either of tlu'iii, — the said Election Com- mittee may. ujion ai)plicati(Ui of any of the j)arties liefore the said Counuitii'c, at any period during the c(Uir^c or thi-ir proeeeilinjfs Upon siudi i'etition, make .,n order i'or ihc nomination and a|»po!m- menl of a Commission in ilu' manner herein dirccleil. 9^^. Every party intcntlin^ to apply for the is>ue of .such Com- mission, .shall ,iri\e to the o|)posite party or parlies two full days" notice in wriliui:-, exdmsivc of any intervening Sunday or other •r H\ II- i'V COMMISSION FORTHK EXAMINATION OF WITNKS.SKS. .if, Statutory holidiiy, {an on Monday fur Thursday, or .ni Saturday for Wednesday,) of his intention to apply to tfie said Committee for such Commission ab aforesaid. [For Notice to be given by the j)arty intcndin;^' to ;ipply taid. they may if they think fit so to do, a|)point such pi'r.Min i:> be such Commissioner a.s may be muttially airrecd upon in writiiiir by all the parties interested or concernetl in >ucli Kleciion I'l-ti- tion, their Counsel or xVgents. upon the written consent I'fsuth person to serve as such Conunissioner, with an AlUdiivii oftiie due execution thereof, bein^ laid before such Select Committee : 2. Or in the event of all such parties not so a;4rceiii;.' as to the person to be appointed such Commissioner, or of the said Scli-ei Committee not thinking fit to appoint the person who may i»e so agreed upon by such parties for that purpose, then, if the Kltftion has been one in Upper Canada, the said Committee shall appoint some one of the County Judges of Upper Canada, to be such Commissioner. 3. Such Commissioner shall be appointed in nuiniicr hereiu mentioned, that is to say, — on the next sitting e of any grounds of objection that the parties or any of them have to urge against the appointment of sueh person, — ami so on until they shall have selected and announced some one of such County 10 m COMMISSION roUTUK EXAMINATION oK WITNKSSKS. Judges as atorosaid a;,'aiii>t wlmsc appninniunt no olijortion has been nrgotl as alorrsaid, aid War- rant, he shall forfeit the sum of four hundred dollars. :|1 i } i tJ. And every such Warrant shall be as nearly as may be in the form set forth in the Schedule to this Act annexed marked B (1), with such alteration as is necessary to adapt such form to the cir- cumstances of the case. [For Commission or Warrant to evamiin^ witnesses, see App. 66.] 100. In every case in wliieh any such Commissioner has been so appointed as aforesaid, the Select Committee by whom such appointment was made, or in ease of their dissolution as provided for by this Act, then the new Select C.»nimittee appointed in their stead, luay, in the event of such Commissioner dying or lecoming incompetent or unable to act under such Commission, supersede such Commissioner and appoint another as hereinbefore proviibnl, and with similar powers; — in every which case such new Commis- sioner shall have the like powers as the person first appointed, and shall complete the taking id' any evidence that has been only partially taken by the former Commissioner, or take tlie whole anew, as by order of such Select Committee he shall )»e directed or required ; — And in every such case the Warrant for the appoint- ment of such new Commissioner shall be as nearly as may be, in the form set forth in the Schedule to this Act annexed marked B [2], with such alteration as is necessary to adaj)t such form to the circumstances of the case. [For Commission where u new Commissioner is appointed in I I a Ml- .1 to ill COMMISSION FOK THK EXAMINATION OF WITNESSES 67 oonsoiiufucc of tlic origitial ConimissioiuT iint |li('iM}X n'llo to act, sec Ajtj). CiT.J 101. Evory -ucli (,'ouiiiii>sioiicr when on;;aj;(Ml in the execution oi' the (hilies of liis oflicc iis siieh ('oinini!hall have the like jiower ami authority to couunit for contempt against liini and his orders, a-* l»y law is or shall lie vostcil in the Circuit ('curt if he nets in Lowi-r Caiiaila, or in the County Court if he nets in rpper (Janada. i'or the like contempts a/rainst it or its order?, subject always nevertheless to an Appeal from the dceision of such ('ommissioner, in every such easi-, to the Select Committee for the time b -iui^ chavLTeil with the disposal of sutdi Election Petition. 109. r|)»'Ssions of any such Court or any other Court, or otherwise, to act cither >ingly or with others, and cither at chambers or else- where, in the discharge of any of tlie duties, whether judicial or of any other character, which hy the Commissioi of such Judge as such County dudge Itelong or by law attach to his office as such County .)uil;^c ; — Ami all judgments, decisions, decrees and acts pronouiiceh.'ill lie as valid and effectual in law to all intents and purposes whatsoever, as if the same had been so pronounced, given, made fir done by .••uch dudge himself. 2. Nevertheless, in all cases in which the Governor annuls any such nomination as aforesaid, all such judgments, decisions, decrees and acts pronounced, given, niade or done by the person whose nomination has been so annulled previous to his receiving notice of huch nomination having been so annidleil, shall be and remain as valid and effectual in liaw to all intents and purposes whatso- ever, as if such nomination had not been so annulled as aforesaid: o. And such Judge may, notwithstanding any such nomination, whether made by himself or the Governor as aforesaid, while the sanu' is in force and without thereby annulling or superseding th« same, perform himself, if the execution of such Commission for the examination of witnesses under this Act does not prevent his doing so, either the whole or any part of the duties of his said office of C(uinty dudge, as if -uch nomination had not been made as aforesaid. 100. In the case of every such nomination as aforesaid, when- ever from illness of the person so nominated to sit for such Judge, or from ;iny casualty, it happens that such person does not arrive in time, or is not able to open any (,'ourt or any sittings or sessions f.f any Court pointed to sit for such Judge as aforesaid. COMMISSION I'OUTIIK KX AMI.NATIOX OF WIT.VKSSKS fiO 107. Evon [KMS'iii wlio lijis >iit I'lir miv micIi ('Mimiy .Iiii1;,'c, liv virtue (if any siu'Ii noiuiiiiition made iitiilcr tin- aiitlmrity <>i ilii-« Art, shall for ('vory day that lie has so sat lor >-iii li .Iiid^rc lie entitled to receive the sum ol' ti-n d. and alxt in every ease in which he is dhlimd to tiavi-l fVum the [dare ii>iial r«'>i- denee to perforin sueh duty, sueh further suici a- will In- >uni( icnt to eover the amount of his reasonalde travelling e\i)en-.e> in ;ioin;^ to, remainin >'iln r nioiu v payahlo out of such i'und, are payalde by \4ny\. control and direction of the said Select Committee char^icfl for the time hcing with the trial and disposal of such Election IVtition. and which Clerks anil other ( Mliccr^ shall resjtectively take liefore stich Commissioner the oaths >et forth for that purpo>e in tiie Schedule to this Act annexed iiiarki'd !"» (4) ('>.)• [For Oaths to he administered to Clerk and UailitV of Com- missioner, see Add. tJS. ♦Ji>.l iOJ>. No peison shall he appointed hy sueh Connnissionei under thiH Act to he a (.Merk, Bailiff or other Offieer to assist such Com- missioner as afoicsaid, who voted at the Election in <(U<»tioii, or who has or claims any ri;.rht or title to vote for the Electoral Divi- 8ion respecting which the Election or Hcturn complained of, or other subject matter of such Petition arose or happened, without the c<»nsent and approl>ation in w ritiiig of all the })arties interested or concerned in such Election IVtirioii : — Hut any objection to the appointment of such (,'lerk. Bailiff or other Officer, shall be made at the time of his being appointed, oi- at the first sitting of the (Jonnui.ssioners after such appointment has been made, otln rwise yuch objection shall be invalid and of none effect, and such appointment shiill be vali->ioiier, >li;ill w iiimle in tlie uiiniites of siidi Coiinnissioii, aiiil he open at all r('a>oiialilr tiuic.-- to llic inspection of all parties intcri'stcd or eonceni"il in >iu'h Kleolion Petition. 111. The ("hairnian of the .said Select (,<..M-n' t >; sli.ill aihlresn to the .Huid Conuiii.Hsioiier a true (;opy of i'..- Petition wLieli has l»een referreil to the .said Coiiiniillec, and of llic said I' is and dis- puted votes and statements of tlu' s»;vcral parlies wliieh have laen delivered according to the provisions of this Act, logctlu-r with a tnu' said Committee to the House, and shall ask permission (d" rhe House for the siiid Committee to ad- journ until su(di time a-, the Speaker by his Warrant, in manner herohi mentioueil, directs the said Committee to re-assomhle, and upon such permission Keing granted, the said Committee may adjourn accortlingly. [For Report by a Select Election Committee when a (jomuiis- sion has been granted, see App.. 71.] :-;i-/ 113. On the day appointed in and by the Warrant appointing Hueh Commis.sioner, and at such place as he has appointed for that purpose, between the hours of ten in the forenoon and four in the afternoon, the Commissioner shall proceed to open his Court or commence his proceedings by roiding the Warrant of the said Chairman of the said S(dect (.'ommittee, atid also the copy of the Petition and other papers transmitteiMissi(»N r(nrrnK kxamination or witnks.sks 71 tl It- set ii'ivh tlM' Itioii tlic siion : —Ami il any person acts as a ri»iamissioner in tlie execution of this Af'l without havin;; fir'«t taken ami suhscrihed such (Juth. he shftll tor sni'li oflTenco forfeit and pay the -mn of four huixireil dollars. [For Oath of the ('oniniissiDncv, soi' A|»j». 7<). ] ll'l. The said ( 'oiiunissioner shall sit every «lay. Sundays aud stattitory holidays only excepted, froui the hour of ton in the morning till lour in the afternoon, and shall never adjourn except hy the oon.-ictit in \vritin;i of all the parties to sueh Election Peti- tion or their A;^entx, or hy permission of the Seleet Comntittce appointeil for the trial of sueh Kleetion Petition, or in the caHe provided for hy the next ^eetion, for a longer time than twenty- four hours, unless Sunday or some other statutory holidny or holidays intervene, ami in ease of sueh intervention, every sitting or adjo\irnment shall he within twenty-four hours from the time of appointing or fixing the suuu', exclusive of .such Sunday or other holiday or holidays us aforesaid. lltS. The said CouimisHiouer shall not, exi:ept as hefore except- ed, omit suih daily sittings exeejtt in ea.ses of sudden accident or necessity, or in ease of illness; and such eases of sudden accident or necessity shall forthwith he specially reported to the said Select Committee hy such Commissioner, and be verified upon the oath <»f the said LVuumissioner, and also in case of .sickness by the oath of the Physician, if any theic lie attending such Com- mis.-ioner, (tr if ilieic he no I'liysieian in attendance, then hy the oath of some third party cognizant of th(> fact, which oaths shall he mado hefor*- one of Her Majesty's .lustitH's of the Peace ; And any Commi-sioner who omits such daily .sittings without .such law- ful excuse, shall for every day on which he shall so absent hiin.self, forfeit and pay the suui of oih' humlred dollars. 110. l^pon every sueh Special Heport from such Commi.ssioner, the said Select Commiltee shall he ordered to nuH^t as is provided upon the transmission of his final Heport and IJetuiii, and the said Select Committee shall thereupon proceed to hear the partien interested or coniernons, papers ami records, aitd -hall ex.iiiiiiie all witiiesso who come bid'ore him, upon oath or allii'iiiatiiin. as the case reijuires, and shall examine all matters 11 leiied to him. and shall in all respects have the same powers and aulliorilies for examining the >aid matters so referred to him, as Select Committees of either House of the Provincial Parliament lor the trial of Eleciioii Petition^ have for examining the mattera and tilings lefened to .^uch Select (Committees. J. Tlie >aid Commissioner shall proceed in examining every witness who comes before him, and in > rutinizing the rights of any Voter nr N'oters, and in all matters and things whatsoever referred lo him. in the same course and manner and according to the same rules, as Seleet (Committees of the said Houses for the liial of Kleetion I'etiiions ought and are empowered to proceed in like cases. '\. The Clerk appointed liy the said Comuussionor shall from lime to time mala' true copies of the Uiinutes of all the proceedings lietorv' the said (Commissioner, and of all evidence given or pru- diieed before him, and .•^Iiall give one such copy to each of the parties interested, or his or their agent, or to such of theie as shall dennmd the same, on being paid, for each folio of the said copy consisting of one hundred words, the sum of ton cents. COMMISSION FOR THK KXaMINATION OF WITNKSSKS. 73 4. Ami within ten dav* after the evidence before the Coniniis- xionei- shall l)e closed, touchinf; the matters and things referred to him, the said Commissiuner sh.iH cause {'i>\)\- cd' the \Iiimtes of all his |>roceedings to be matle, and shall examine the sanu- with the said Minntes. and slinll si^n ami seal the saiil eojiy, and shall transmit the same by his (.'lerk, thr(iii;^h the I'ost < )tliee, in the my.niior hereiiiauer prescribed for the transmission lo tin? proper Court of Hecoirnizanees taken and estreuteil or otherwise prui:oed ed upon undei' this Act, to the Speaker of the House to which the Election in (|Uestion relates, who s'hall accordingly communicate tht* same to the said House, and upon the transmission of the said copy, the said <.\)Ujmissioiier shall adjourn in order to receive such further orders from the Select Committee upon the Petition ii» question, lis such ('ommittei* from time to time think reijuisite and necossary. ISlO. Thf Commissioner shall not fx-rmit or sulfcr any Burris ter or (.'ounsel to plead before him. or to examine or cross-examine any of the witnesses, but the said Commissioner shall himself examine and cross-examine all the witnesses that shall be produced before him. o- |lie ill ISII. In cast- at any time in the coiirsi- of the proceedings before the Commissioner, any (»f the said parties tender or offer to pro- duce to the Commissioner any witness or evidence to, of or con- cerning aiiv matter or thing whatsoever in issue before the saiil Citmmissioner, whieh wiiness or evidenee the said ("oMiniissioner is of opinion ought not to be examined, heard oireeeived, — the saiil (.'ommissioiH'r shall state in writing the reasons atid 'froimls upon which he has rejecteil the saiil eviilcnce, and eiitei- the same upon the Minutes of his proceedings, and llie parly •'•ndering or offering to produce such witness or evidence, ni;.y rii|uire of the Commissioner that the said witness or evidenee be examined, heard and received by and before him nV /» uf ikhi\ .-nid the testi- mony of such witness or the piu'iiort of such evidence shall accord- ingly be taken down in writing iiy the Clerk to the -iaid Commi>- sioncr, separately and apai from all oihir evidenee before the said Commissionor, and a eopy thereof, with a statement of tin- purpose to or for which the "^aid witness or evi'!enee w.is produced, and by whom the same wa^ produced, >-Iiall be >ignei! and sealed by the said (commissioner in the nature of a Uill of Kxee|»tions \u evideticc, ami the lud'ore him in manner herein mentioned. -. If the Select Committee for the trial of such KIcction Petition is of opiiuon that the temlcring and olfcring of such \sitnessor evidence was frivolous or vexatious, or that the testimony of 11 ■4 COMiMISSlO.N I'OH TIIK liiXAMIN ATIUN OF WITNESSES. iji sue irro ch witness oi- tin- |)iir|)i>it «>|' muIi evidonct' was iiiipt'rtinent or •oleviint t(i the uwittor at issiio Itelnrc the Comtnissidiior. the said Coininittfc shall ifpint Mwh ihcir DpiniDii to the Ilfiusc, tit;_r(>tliiM' witli tluii' (•piiiiun on the other uiatti-rs relating to the said Peti- tion, and the parly who Ipcl'oie the said Coninii--sioner ojiposed the examinin;:. heariiifr or receivinji of duch witness or evidence, shall be entitled to reeeive from the person or persons who produced sucli witness or e\idenee, the full costs and expenses which such party or parties have incurred in opposing the same, or by reason • )f the same Itein;^ received in 'iirinner aforesaid, — which costs and expenses shall be a>c('rtainfd and recovered in the same manner us by tliis Act is or hereafter may be provided by law for the recovery of costs and expenses in case of frivolous or vexatious Petitions, or frivolous or vexatious opposition to such Petitions. l*Z*Z. A'ithiii luii davs after the eopy(d' the proceedings before the Commissioner are i"ceived by the iSpeaker of the House, the said Speaker shall issue a Warrant under his hand and seal, di- reelin^t the Stdeci ('onmiittec upoii the Petition in ijuestion to re- assemble aiid to wieet a;faiu on >ome day within the s|)ace of fourteen days from the hall accordin;j;ly re-as.xuible and meet a;raiii, aiid --hall take the )iroceedin;is of the said Com- missioner into foM-ideraliun, and shall proceed to try and deter- mine the ^Merits of the .-aid Petition, but such Select Committee shall not call for oi' ri'ccive any other or further evideiu'e, written or jiarole, re-pectiiiir any matter.'^ or ihiufr'^ which have been tried and exami.ii d Ity said Conuuissioner in nuinnor aforesaid, except when the pow«-r lo do so has ineii specially re.-erved ami the points to which s;teh new evidence should Ite directed have been specially .■set forth in the order fcr the issue of such Commission. — but. except as aforesaid, the said Committee shall determine on all such matter.-^ and lliiiij:s from the written Mifiutes i>\' the evidence and piiTcedin^r- bcl'ore the said ( 'ommissioiier, ami the Certificates o|' ilie -aid Coiiiiui>-ioner so -ii^ned, scaleil and trans- mitted a> ai'ore.-aid : J. I'rovideil always, that the said Committee may hear Counsel as tti the en'eci id" the said evidence in like manner as tliev may do respecting any other matter in (|Uestion Ind'ore them; an i that the said Select Committee shall report their own opinion to the House Upon the whole nu-rits oi the suid Election or other niaiter of the said Petition. COMMrSSKLN i'Oll TIIK KXAMIN.VTIUN OK WITMISSKS. <•> 1^3. If the Speaker of tlie House receives a ci..;iy uf such juiK'eediiiirs when the House is iuljoiiniefl for ;> luii-^er perioil thuii one iiioutli from the day on «Iiich the Spenker is direeted to issue his Warrant for the re-assiMiihliuir und iiu'ctiu;: of any .»uch (.'oniinittee. — then ami in Mich ea-e the said >>])(akcr .>hall in such Warrant direct such Coniniittee to re-as-enddc and nicei nn .-ome day within one month next after the day tn whicli tin llMii>e is «djourn<,'d ; — ami if th(« said Speaker ha> diieeted the <,'iimmittee to meet on any day. and if tlie said House -iihr ei|uently adjourns !'• a (hiy heyond tlie day so appointed for the re-a.-Minl)lin;; and meetin;^ of sindi Committee. — then and in such ease, the saiil Speaker shall i.ssiu> another Warrant dircctin;; sncdi Coiuunttee to re-assend)le and meet mi some day within one mnulh next after the (lay to which the said lioii,>e is adjinuiied, instead <>[' nn the ilay first ajipninted in jmr-tiaiice nt the provisions of this Act. 121. The Speaker nf the Ilou^e. upon is-uintr any such War- rant fur the re-assenddiiiir fd' anv such S(dliiiir of snch Select Committee a.s aforesaid. [For Notice of the i.-sue of Mr. Speaker s W;urant for the re-assemhlini:; of a Select Election Committee, see .\pp. 71, To.] lip I9«T. And as it may he impraetiealde in some instances, on account of the (juantity of evidence takeii under -ueh Commission, for such Commissioner to tran-mit a copy "f the Minutes of his proceedings to the Speaker of the House, .>"itliin ten days after the evidence hefore him has been do-ed siich (,'ennuissioner may in such cases transmit such copy \vi»li .nli convenient despatch, and at the same time assign the reusons for such d diiy, which reasons the Select Committee upon the Petition in tjuestion shall investigate, and report their opinion thereupon to the House at the time they make their report on the merits uf such Petition. IMO. The Sideet Committee may from time ti> time during the (iintinuanee of any smdi Commission, and at any time hefore reporting tlieir final o|iiiiion to tlu- Mouse N von TTIK EXAMINATION OF WITNESSES. Warrant of the ('hiiirnian of tlic said (Joinuiittec licreiu first above mentioned. It87. Wlii'M any Selecjt Coiuniittcc rt'-assi-mblo.s to try and dctciiiiiiM' the merits of any snch Election Petition, after any pro- ceedings have l)e('n liiid l>y or before any Coniiiiissioner appointed for exaniiniiijr any matters referred to bim by sueb ISeleet Com- mittee, or iictinj.' under tliis Aet. sucb Select Committee may send for all or any books, pajiers and records, or other written docu- ments, pi oditced in evidence before sU(di Coniinis.sioner, in like manner as such Select Committee might biive done if no such pro- ceedings had been had liy or before such (.'ommissioner, and with- out direeling iiny Warrant to the said Commissioner, and without ordering or directing the said Commissioner to resume his sittings as aforesaid : h ' 4: ■ 2. But such Select Committee shall in all other respects pro- ceed to try the merits of such l-^lection Petition, in the manner directed by this Aet. .'uid shiill determine on all sucli matters and things as havr been tried ami examined by the said Commmis- sioner from the written minutes of the vvidene(> and proceed ings before the said Commissioner, ami from the inspection of such books, papers, records and documents, so far oidy as may relate to such evidence ami proceedings; and such Select (.'oui- mittee shall not call for or receive in evidence any extracts from such books, papers, records or documents other than s\ich as were received and produced before such Commissioner, nor to any point or matter not in iissue before such Commissioner. IS8. Every such Commissiom-r as well before as after he has held his first sitting as such, or taken the oath of Office herein prescribev il i- rcunisitr lutdi Eleetion Petition, upon whose applieation to ueh (,'onimis- sioner was ap]iointe(l. ten dollars for every A'^.y which sui h Counnissioner shall have been necessarily eujiaired on tli<' saiil ( 'onunission. mid aNo hi-; travelling: expanses at the rate of iwenfy cents for every mile which such ('nnimissiotier shall have travelled from and to his usual place of abuih' in his attendance on the oxeeution (d" such ( 'oimnis-ion. -. Aiid the (_'lerl< to any < 'onnuissicuier uiulor thi-> Act »hall also, up(Ui his transii'iittin^ the said eopy of sutdi procecdin;rs in manner aloresnid. be entitled to diuuand ami receive from su(di party or partie.-^ a- aforesaid, such sinu or sums for his altendaiu-c on the exeeuHon >>i' tlie s;iid Commission as the said C'immissi(uicr shall inider i.is li.sit! cci tifv to be icasonable, not exoeodinf; the auioiiiit of f lu;' lolbu- for each day of hi-- attendance on the ex- ecution of the ^aid Comnn.-'^ion, together ^■ith such sum for the copy (d the evidence traii.-iuitied to the Speaker of the House in inanner aforesaid. a> the said Commissioner thinks fir. not c,\ ced- ing the sum of ten cents for every folio consisting of one hundred words which the said eopy contains. 139. The Clerk ap]!oinlC"l by a-.y s\n'li (jommissiiuier sliall from time to liiue make true copies ol' the minutes of all proceed- ings hef. tlio sum of tei cents, and no nmre. 2. .\nd fo- ( opies of the sjiid .Minutes and ■ .ideiice to bo trans- nutted to the Spi (k"r of the propel House, in nianiier directed by this Act. such Clerk shall receive from the party or panics inter- 78 COSTS. I I f'stod or couccniod in .siuh Election Petition upon whoso applica- tion Hucli ('oiiiini.>sioiuT was appointcil or atti'tl, .>-ucli >uni as the Miiid Coniniissiniicf who>r (."Icik he \\as thinks fit, not exeeedin;/ in any case the sum >>[' ii'?i icnls Tor cvei-v folio eon>istin^' of one hundred wonls. whieh such cupy rontain^. and no iriore. ISISI. The l>;iilirt> and other ( Mlieers employed iiy^ueh <'oni- iriissionci' in and ahout the cxecntion of such ('onnni>sion, shiiU receive tVoui the party or panics interested or concerned in such Klection Petition, the sum (d" two dollars per ilay. while in actual attendance (Ui ihe >ittin;;s of sinh ('oiiiniis>ioiier, and at the rate often c«'iits per mile for every such mile tra\cll«'il in performin;^ any of the dittie- properly lielonifiii;; li> them under this Act. 2. Provi led iievcrtheh's,*, lirstly, that lor the .-eiviov of any Mimnnms on any Witney's rei|uirin;: him to attend hefoic the Cum- missioiier. such Baiiin' or other (Mlicer. unles.s the .''aine hi specinlly directed liy the said ('ommi.->ioner in writiui: under his haml to ho served at the expense ol' all the patties intric-teil or concerned in ^uch Election Petition, >hall lie eiiiith d to receive his fe(!^ for the >ei\icc thereof, oidy from the party who employs such Bailifl' or other oOicer to serve the same. •^. .Vnd ptovided also, seconiliy. ilnii stivh (.'oinniissionor shall not reijuire the daily attendance of any sucdi Bailifl' «.•■ nth(>r Officer upon him at the time of his luddin;.' such sittings. *inlos> ho finds it neci'sstirj to do so, in every which case he tdnill in hi.-« ileport state the grotmds upon \Tlii(di he acted in so rrcpiirin.,' the attcndaiM-e of smdi Hailifl' or i,;lu'r UfTlcer as aforesaid. I3'i. Every >Mch (''iintjii-'->ioner aiid Cleik. Bailiff or other ' 'fBcer, shall ha-, c the like remedy upon the l{ecoj.'iiizauci- re (juired to be entered into by < very Petitioner under this Act, fcr their ser\ices in the executi. — COSTS, t3S. U'luMiever any Select ("omiuittee appointc signed fiir'ii Petition, the full costs atid expetises which Mudi parties havi- i'lcurred in opposing the same, such costs atid expenses to be flHcertained in tlie naiine. Iicreinafler direeteil. iJIO. Whenever sneh (.'ommittef reports to ihf Uoii ■<• that the opposition made to a!iy sucli Petition by any partv appearing / COSTS. 79 before tlioiii \Vil^ iVivoIous or vi xatioiis. ilio persons who signces atijinlged by any ■>uch Soleit (.'omrnittee iis aforesaid, to be paid, or which otherwise may become payable under the provisions of this Act, to any party prosecuting or opposing t" tliis Acl, .shall •»«• asoiTtuiiuMi in luiimitT I'ltllowiiig, ihnt is to say : Oil a|i|)lu'iitiiHi iiiihlf to the Spcakfr ot'tln' Ili'ii>f tn wliicrli sucli l*('titiuii nliitcs, l»y any siicli petitioner, party nr witness, for a-'certainiii;.' Mieli costs antl expenses, nut later than tliree iiionths afti'i- the tletermination ot" the merit-; uf siieli Cetition. or after any Order of the liniise for iliscliar^iiii; the oriler of lefereiiee of such Petition to the Ueneral ('oimnittoe of Kleelioiis, or after the rtitlhlrawal uf any Petition, as liereinhifore piovidiil. — theSpeaker shall make an order that the smiim' lie taxed, and shall proceed to exiiiiiine and tax such costs and expenses, and shall report the amount thert'fd", to>jetli(>r >\itli the name of the party liahle to pay the same, and the naun' of the party cntitleil to receive the same, to the llous(>, — and shall also, upon u])plication made to him, deliver to the party a certificate sij^ned hy him, expressiiij^ the amount of the costs and expenses allo\ve(| in such Report, with the name of tlif jiarty liahle In pay the same, ai.d the name of the jiarty entitled to receive the same, and such (!ertificate so sifjned hy the Sjieaker shall lie conclusive evidence for all pur- poses whatever, as well of the anioiini of the demand as (d" the title of the [larty tlicrt'in named to recover the same from the party therein -tated to he li;ihle to the payment thereof; and tin- party claimiii;^ under the -.aiiic shall, upon payment thereof, ;;ive a recei|)t at the foot of such certificate, which diall he a siiHicieiit dischar^i' for the same. Kor Speaker's Order as to the t;ixin^ of co>ts. see App. .S(l. J lor Keport of the costs taxed, >ee Ap)». 81. j Kor Speakers certilieate for reeoverv of I'osfs allowed, see App. S2.J 111. The Speaker may examine upon outh any party claiming anv such costs or expenses, iind unv witiicsse.- tendi'reil to him for examiiKition, and may receive affidavits, sworn heforc himself, or hefore any du.stice of tin; Peace, relative to such costs and ex- penses. 114. The party entitled to such taxed costs and exp»Mises, or his or her personal ropri'S(>iitatives, may demand the whole aliioillil thereof so eertilie(l as ahove, fVoin iiiiy one or more of the jiersoiis liahle to the payment thereof, and in case of non-payment thereof on demand, may recover the same hy action of deht in .•my i>f Her Majesty's ('ourts which would have jurisdiction over the same, were it an ordinary deht of a similar amount, — in which action it shall he sufli(;ieiit for the Plaintiff to declare that the Defendant is indehted to him in the sum mentioned in the said certificate, — and the said Plaintiff" shall, upon filing the said detlaration, together with the >aid certificate and affidavit of such rosTS. 81 elf, t'X- iil- liolt' the licnt in ,or -in tliat the IsiiiJ tuch demand as aforei«aid, ho at liherty to sign jiulguicnt a.- fi)r want '•f n ploa l)v nil 'licit or othorwisc, acronling to tin* rour.^e of the Court ill wliicli tlio action sliall lie pc ndiiig. or to have judg- ment entcroil or ri'iidcrcd in his favor according to tlic same, and tako out CTiMMition fur tlic said sum so mentioned in tho oaid cer- tificate, together with the costs of the said action acronling to due course of hnv. 2. liut the validity of >uch ccrlilicate (the hainlwritiiig of tl'o Speaker thereunto being duly verified, i shall not he called in question in any Court : 'A. And tlic party so impleaded may. if he think.s fit, put in any defence that he may have to ■-iich action, according to law and the practice of siuh Court. 143. In every case it shall he lawful for auv iK'r;»on from whom the amount of siudi cost and expens' s li:i- I'Ocn so re- covered, to recover in like maiinei- from tiic other per-'amo oo-;t* and expense^, a proportionate xliarc thert>i»f according to the niimlter of persons so lialde, and according to the extent of the lialiility of each person. 141. H" any person having suhxrihed an Klcction Tetition under this Act, oi' any .•< Act, or heforc any •Tiidge or Commissioner lor taking evidence umler tlii A«t, the sum so certified as alorcsaid hy the Speaker under the authority of this .Act to he due to such witne-ueh Heeo^ni/.ance f'hall h;ive the sauu- effect as if the same were estreated or other- wse pro<'ee(led upon for the like purpose IVom or in a Court of liHW, aceordiii; tn ihr |,a>\> of that seetion of the l*rr»viuce in which such R(>eoirnizanee was so taken as aforesaid, and the course of the Court to whieh the same has lieen So iraiisniitteil as afore- said, and the validity of such certiheate (the handwriting of the Speaker thereunto hein;r (hily verified.) shall not he called in <|uestion, in any sueh Court \ipoii tlie gmund of any matter which had arisen anterior to the date of siudi certifieat*'. I'M. For the purpose of iraMsniitliii^' any .-ucli i!eco;/nizHii

u(li place for the time being, or to the person di.scharging the duties of such Postmaster or Deputy Fostinasier therein for the tiine !>eing. who, on receipt thereof, «liall give an acknowledgement in writing of siu'h reeeipt to the pefbon fr(tm whom the same is recei\ed. and >hall keep a dupli- cate of such acknowledgiiieiii sij:ii. d I'v the partie- respectively to wh'>:n the same is so deli\ ered. 2. The said Postmaster or Deputy I'oxfmasier. or person per- forming the duties of such Tostmaster 'u- Deputy Postmaster, nhall despatch every such Recognizance by the first Post or Mail after the receipt thereof, to the person to whoiw the same is di- rected, accompanied with proper dii'cciion> to the Postmaster or Deputy Postmaster ui' the town oi' place to which tnc same is directed, oi' person performing the d\ities of >>uch Postmaster f»r Deputy Postmaster at such place for the time being, renuiring bim forthwith to cany yuch Htcognizance. atul lo deliver the I COMTH. Hit 1- f r> |10 bame to the pursoii to whom tlu> Hiime is dircrttMl, who m- Huiue officer iippointotl by tlu* Couit tor tliut puipom* fihall give tuvU Hostnittslcr or l.)«'piit7 l*o.stiiiu.-.t«*r. or person pcM-foniiiiig tlia ilutips ot sijcli I'osfiiiiixtfr ur hcpiity Postl.iastei, a iiifiuoraiMluiii ill writiuji uiidrr hi.-. huiiU, aikiiuwhdj^iiig the rt'tt'i|)t of t>ver^ such Reoo^rni/uiici*, aiul .si'ttiii;/' t'ortii the day iiitd hour the saiue was delivi'rid liy him as utorcsuid, wliirh iiKMiiDrHiidiiiii ■.sary or desirahle to proceed upon uuy such Kecojiiiizancr in the othii -ectioii of the Pr(jvince in which till* same was not taken, it shall he lawful. u|)on fding an exenipliliiation of such Kecof^nizance undei the Seal of the Court into which the same ha> hiMii >uch moneys, ur so niuch thereo|"as may lie neces sary fo)' that ]iurp(tsc, shall he applied in such order (*f payment as the Speaker of the said House for the tinn- htinir in his discre- tion thinks fit. in satisfaction of such co>ts and expenses, or so much thereof as can he theiehy satislitd. and llieitafter tin- resi- due of such moneys, if any, shall In- paid to the party hy whom or (Ui whose account the same were so depo-iiti-d as alunsaid. I'iS. All moneys received or reco\i-red hy rea>oii or in purbu- ance of the estreating: of or otherwise proeceilinjr up(»n any such Recognizance as afoioaid, shall, after dfdu(tiii V >^ '^> 7 y^ Hiotographic Sciences Corporation 23 WEST MAIN STREET WEBSTER, N.Y. 14580 (716)873-4503 V ^ o^ <^ ;sy 84 MISClliLLANEOUS PROV ISIONS. by such Recognizance into the hands of the Chief Clerk of the proper House of the I'rovincial Parliament, to the credit of the said Speaker's account, and tlic Speaker, upon production to him of a receipt or certifjcatp from the said Chief Clerk for the sura so paid in, slinll endorse on the Recognizance in rtspect of which such money has been so paid in, a memorandum of such payment, and thereupon such Recognizance shall, so far as regards the per- son by or on wliose behalf such money has bf'en so paid, be deemed to be vacated, and shall not afterwards be estreated or otherwise proceeded upon as aforesaid, as against him, but such Recogni- zance shall continue to be in force as regards any other person who has entered into the same. IffO. In every case in which any money is paid into the hands of such Chief Clerk, to the credit of the Speaker's account as hereinbefore provided, a receipt or certificate of the amount so paid in shall be delivered to the Speaker by the person paying in the same, and such money shall in the first place, and in such order of payment as the Speaker in his discretion thinks fit, be applied in satisfaction of all the cost;: and expenses for securing payment of which such Recognizance was given, or so much thereof as can bo thereby satisfied, and thereafter the residue (if any) shall he paid to the party by whom or on whose account the sarfle was paid in. 1 0. — .MISCELLANEOUS PROVISIONS. ItSl. If any Sherift" or other Returning Oflicer wilfully delays, neglects, or refuses duly to return any person who ought to be returned to serve in Parliament for any Electoral Division in this Province, such person may, in case it has been determined, by a Select Committee appointed in the manner hereinbefore directed, that such pei-son was entitled to have been returned, sue the Sheriif or other Offioer liaving so wilfully delayed, neglected or refused duly to make such return at his Election, in any of Her Majesty's Superior Courts of Record of original jurisdiction for Lower or Upper Canada, and shall recover double the damages he has sustained by reason thereof, together with full costs of suit, provided such action be comn)enced within one year after the com- mission of the act on which it is grounded, or within six months after the conclusion of any proceedings in the proper House of the Provincial Parliament relating to such Election. IS9. All pecuniary penalties in and by this Act imposed, may be recovered, with full costs of suit, by any person suing for the same by action of debt in any Court in this Province having juris- diction to the amount of such penalties respectively ; and it shall be sufiicient for the Plaintiff to declare that the Defendant is I MISCELLANEOUS PROVISIONS. 85 indebted to hira to tlie amount of the penalty sued for, by virtue of this Act. ltS3. Every indiutuieut, information or action for any offence against this Act, or any forfeiture incurreii under the same, shall be found, filed or commenced within one year after the commission of the fact on which such indictment, information or action is grounded, or within six months after the conclusion of the pro- ceedings in the proper House of the Provincial Parliament, relat- ing to the Election Petition on the trial of which such fact arose, and not afterwards. 154. All Mayors and Aldermen of Cities, and all Mayors, Town Reeves and other Heads of any of the Municipal Corpora- tions in this Province, and other the like persons as well as all other persons having by Statute for the time being ex officio Ma- gisterial power in any part of this Province, shall, within the limits of their jurisdiction in that respect, he and he held to be Justices of the Peace within the meaning of this Act. •i or [er for ;ea |it, |m- \hs of ay the }is- lall is tSS. All (jucstions as to the sufficiency or regularity of any proceeding had, taken or followed, by either House of the Pro- vincial Parliament, — or by the Speaker, Clerk or other Officer thereof, — or by the Select Committee appointed for the trial of any such Election Petition, or the Chairman, Clerk or other Officer thereof, — or by any Connnissioner appointed to take evidence upon any such trial, or any Clerk, Bailiff" or other Officer acting under such Commissioner, — or by any of the parties interested oi' concerned either in the prosecution or defence of such Election Petition, his Counsel or Agent in the conduct of the case of such party upon such Election Petition, — shall, so far as the same regards the trial and disposal of such J^lection Petition by such Select Committee, and the action of the House upon the Keport of such Select Committee, be wholly judged of and determined by such Select Committee, and not by the House ; — And no order or resolution of the House respecting the sufficiency or regularity of any such proceeding shall in anywise be binding upon such Select Committee as far as regards the trial and disposal of such Elec- tion Petition. 150. The neglect or omission of any party interested or con- cerned either in the prosecution or defence of any such Election Petition, to observe strictly any of the directions contained in this Act respecting any proceedings or course of proceeding to be by him had or followed in the prosecution or defence of any .such Election Petition, — except only where by the use of negative as well as affirmative terms, the intention of the Legislature has been manifested that such proceeding or course of proceeding, and no 11 it 86 MISCKLLANEOUS PROVISIOxXS. s ■:1 1 , \ - •i ,1 > I other, as to time, place and circumstance, or any of them respect- ively, should be had or followed in such c«se, — shall not render >>uch proceeding, or course of proceeding, or the subsequent pro- ceedings of such Select Committee in the trial and disposal of such Election Petition, necessarily void or of none eft'ect, — pro- vided that such Select Committee thereupon come to a resolution to be reported to the House, with the reasons of suth Committee for cominiT to the same, that such neglect or omissinn hath not so affected the position of the parties to such Election Petition, or any of them, or the proceedings before them in relation to the same, as to interfere with or prevent the disposal by such Select Committee of any of the substantial questions raised upon such Election Petition, upon the true merits thereof. 157. Whenever any such neglect or omission as is referred to in the next preceding section does, in the opinion of such Select Committee, affect the position of the parties to such Election Petition, or any of them, or the proceedings before them in rela- tion to the same, so as to interfere with or prevent the disposal by such Committee of any of the substantial questions raised upon such Election Petition, upon the true merits thereof, — the said Committee shall, by a resolution to be adopted by them and reported to the House, with the reasons therefoi* as aforesaid, declare the same, — and thereupon the party in default shall not be thereafter received further to proceed with his case, so far as any such question is concerned, but shall be dealt with in every respect as if he had then voluntarily ceased further to prosecute his case as respects the same. 2. Except only, firstly, that it shall remain open to such party to contend, if he thinks fit, that his case as to any such question had been then already sufficiently established in respect of the same or any part thereof, to entitle him to the decision of the said Select Committee in his favor upon the same. 3. And except, also, secondly, that such resolution shall not preclude such Select Commit^^ee from taking into consideration such neglect or omission, and all the circumstances attending the same, in coming to a conclusion as to Avhether the prosecution or defence of such party was or was not frivolous or vexatious, and reporting the same to the said House as aforesaid. 158. In every such case of neglect or omission as is referred to in the next preceding section but one, the default of the party guilty of such neglect or omission may, in their discretion, be dealt with by the Select Committee for the trial of such Election Petition, — either by the imposition upon such party, for the benefit of the party or parties opponent, of such conditions in MISCELLANEOUS PROVISIONS. 87 m not Iration ig the ion or Is, and Iferred I party Ion, be lection Ir the )n3 in respect of the future conduct of his case or any part thereof, — or by granting time or other ni. the sum of , the said C. D. the 8um of , the said E. F. tlie sum of , and the said 0. H. the sum of , to be levied on his {or their respective) goods and chattels, lands and tenements, to the use of Our said Sovereign Lady the Queen, Her Heirs and Successors. The Condition of this Recognizance is such, that if {here insert the names of the Petitioner^ and if more than one, add or any of them) shall well and truly pay all sums of money, costs and expenses which shall become payable by him, {or them) in respect of the Election Petition signed by him, (or them) relating to the {here insert the name of the Electoral Dieision) wliich sball become payable by the said Petitioner {or Petitioners) under the Act respecting Controverted ParUavientary Elections, to any wit- nesses summoned in his (or their) behalf, or to the sitting Member or MemborB) or other party complained of in the said Petition, 13 if li 90 APPENDIX. or to any party who may hv. admitted to defend the same, as pro- vided by the said Act, or to any person who, upon the application of such Petitioner [or Petitioners) for the issue of a Commissicm to take Bvidence on the trial of the said Election Petition, shall be appointed Commissioner for that purpose, or to any person who may be appointed Commissioner in the place of such first men- tioned Commissioner under the provisions of the said Act, or to any Clerk. Bailiff or other Officer appointed by any of such Com- missioners under the authority of the same, then this Recogni- zance to bo void, otherwise to bo of full force and effect. Taken and acknowledged before^ . ., me at the day and place afore- said, in pursuance of the Act respecting Controvcrtvd Par- liamentary Elections. A. N., Speaker, or N. M., Justice of the Peace (Mayor, .f-t'., f Act sectiom l.fi, lo.j Received from Adjun IlenrvMevm-. r. • hundred dollars, heinfj a caydennJ ' /l'*""""' ^^'^ '"™ '^^ ^'g''t complaining of an un Ine Fll? ''' }\ '"'^"*^'- "*' '^ Petition Ricling of tl.> Cornt;'^l^^SlZrL^^^^^^ '^' ^'^ ^-^ Quebec, 2nd April, 1862. 'A true Copy. J- E. TURCOTTE, {■ W. B. LiNB.SAV, Chief Clerk. Speaker. J I ft i. ^ APPENDIX No. 5. SmKER's CERXmc.K .S To MOXEr BEPOSITE. .. ,,,, ,, KECOUNIZAiXCE. (Referred to in the Act, section V.j I certify, that the Chief Clerk's receint fV..- tl,n Recognizance required in fhr. m.ff .^ V *"^ amount of the been delivered to^me "" '^ '''" ''""'^'^■^'^ Petition has J. E. TCRCOTTE, Speaker. 92 APPENDIX. APPENDIX No. (J. A PETITION FORMULA. To the TIoiioniMe tlie Loicislative Assomblv of the Province of Canritli, in I'jirliament iissi'inbleil. The Petition of the undersigned tlUMBLY SHEWETH : That, (Si'c. {Iwre sttttr ilintincth/ all the complaint). And your Petitioners, as in duty t)ound, will over pray. } Signatures. APPENDIX No. 7. speaker's p.epokt to the house as to withdrawal of an ELECTION petition. I ac(iuaint the House that I have received the following Notice, that it is not intended to proceed with the Petition complaining of an undue Election and Return for the County of Peel. J. E. Turcottk, Speaker. APPENDIX No. 8. NOTICE OF WITHDRAWAL OF AN ELECTION PETITION (bY PETI- TIONERS.) {Referred to in the Act., section 9.) Toronto Township, 24th April, 1862. To the Hon. J. E. Turcotte, Speaker of the Legislative Assembly of Canada. Sir, — We hereby inform you, that we will proceed no further in contesting the right of the Honorable J. H. Cameron to sit in the Legislative Assembly as member for the County of Peel, and request that all proceedings under the Election Petition presented by us, may be stayed. We have the honor to be, Your obedient servants, Alexander Shields, William Chisholm. mr APPENDIX. .. APPENDIX No. {>. notic'l: of withdrawal of an election petition (by AOINT). {.Hi'fen'fii to in the Aci, tection 9.) To the Hon. J. E. Tukcottk, Speaker of the Legislative Asscinhly of Cuiiadn. SfR, — As Agent for the Petitioners Alexander Shiehls and William Chisholm, in the matter of their Petition complaining of an undue Election and Return for the County of Peel, 1 hereby beg to inform you, that it is not intended to proceed further with the Petition ; and to request, that all proceedings under the said petition may be immediately stayed. I have the honor to be, Your obedient servant, J. C) (Date. ) Agent for Petitioners. i\ w APPENDIX No. 10. (Motion to be made after Mectlon Petition has been toithdrawn^ if such Petition has been referred to the General Committee of Elections.) -MOTION for discharging REFERENCE OF PETITION TO GENERAL committee of elections. {Referred to in the Act, section 53.) Mr. Benjamin moves, seconded by Mr. Bell, That the order of this House referring to the General Com- mittee of Elections the Petition of Alexander Shields and William Chisholm, and complaining of an undue Election and Return for the County of Peel, be discharged. % jr in Id Id APPENDIX No. 11. speaker's WARRANT NAMING GENERAL COMMITTEE OF ELECTIONS. [To be presented on, or next after, the 15th day of the first Session of Parliament, and in other Sessions, an soon as con- venient.) {Referred to in the Act, section 81.) WARRANT. Pursuant to the thirty-first section of chapter seven of the 11 T • t: !-■, / ^ J M APPKXDTX. Consolidated Statutes of Canada, intituled, •'An Act lespectinji^ Controverted Parliainentary Elections." I do hereby a[»point William Pierce Howland. Ks(|uire. Member for the West Riding of the County of York. Jean Charles Chapais, Esquire, Membci for the County of Kamouraska. George Benjamin, Es(|uire, Member for tlic North Hiding of the County of Hastings. Jae([ues Olivier Bureau, Escpiire, Member for the County of Napierville. Robert Bell, Esijuire, Member for the North Riding of the County of Lanark, and Louis Ldon Lesieur iJe^aulniers, Esquire. Member for the County of St. Maurice, to be nieml)ers of "The General Committee of Elections," for the prewent Session. Given under my hand, this third day of April, due thousand eight hundred and sixty-two. J. E. TritcoTTE, Speaker. APPENDIX No. 12. DISAPPROVAL or WARRANT NAMING GENERAL COMMITTEE OF ELECTIONS. {Referred to in the Act, section 33.) Mr. NoTMAN moves, secondement Mr. moves, seconded by Mr. Tliat Mr. be excused from serving on Select Election Committees during the present Session, in consequence of feeble health. Ill ill '&\- sir I ■;: 96 APPENDIX. APPENDIX No. 15. OATH TAKEN BY GENERAL COMMITTEE OF ELECTIONS. (Referred to in the Act, section 39.) I swear, that I will truly and faithfully perform the iluties belonging to a Member of the General Committee of Elec- tions, to the best of my judg- ment and ability, without fear or favour — So lulp me God. Je jure, que je reuiplirai bien et fidelement les devoirs qui sont devolus u un Membre du Couiit^ Gdndral de.s Elections, et au meilleur de mon jugonient et dc ma capacity, sans crainte ni fa- vour, — AiNfl, QUE DiEU ME SOIT EN AIDE. William Pierce Howland, Jean Charles Chapais. Robert Bell, George Ben.jamin, Louis Leon L. Desaulniers, Jacques Olivier Bureau. Sworn before me at the Clerk's Table, 1 Legislative Assembly, this 0th April, 1862. j W. B. Lindsay, Clerk Leg. Assembly. APPENDIX No. 1(3. speaker's appointment for first meeting of general com- mittee op elections. {Referred to in the Act, section 89.) Pursuant to the 39th section of the Act respecting Controverted Parliamentary Elections, I do hereby appoint Friday, the twenty-fifth day of the present month, at the hour of eleven in the forenoon, in the Controverted Elections Office, for the first meeting of the General Committee of Elections. J. E. Turcotte, Speaker. APPENDIX No. 17. motion for referring corrected alphabetical list to gene- ral committee of elections. {To be made immediately/ after General Committee of Elections is sivorn.) {Referred to in the Act, section 48.) Mr. Benjamin moves, seconded by Mr. Bell, ;■ '»i ^f■| APPENDIX. vr That the Corrected Alphabetical List of members liable to serve on Election Committees, be referred to the General Committee of Elections. APPENDIX No. 18. MOTION FOR REFERRING ALL BLKCTION PETITIONS TO THE OBNERAL COMMITTEE OF ELECTIONS. {To be made immediately after the General Committee ef Elec- tions is sworn.) (Referred to in the Act, section 53.) Mr. Benjamin moves, seconded by Mr. Bell, That all Election Petitions now pending be referred to the General Committee of Elections, for the purpose of choosing Select Committees to try such Petitions. ■M I I ftcd Isent I'tcd Ittee uNE- tons APPENDIX No. 19. REPORT OF CHAIRMEN S PANEL. (Referred to in the Act, suction 48.) The General Committee of Elections beg learc to Report : That, in pursuance of the 48th section of the Act respecting Controverted Parliamentary Elections, they have selected from the Alphabetical List of the names of the members of the House, referred to them, eight members, to form a Chairmen's Panel for the present Session, and to serve as Chairmen of Election Com- mittees : — The Honorable John Hose, The Honorable Oliver Mowat, Skeffington Connor, Esquire, Angus Morrison, Esquire, John J. C. Abbott, Esquire, Maurice Laframboise, Esquire, John Crawford, Esquire, Henri Gustave Joly, Esquire. The whole humbly submitted. G. Benjamin, ChainiMn. 14 m m 98 APPENDIX. APPENDIX No. 20. REPORT OF AiBMBERS' PANELS. {Referred to in the Act, section 49.) The General Committee of Elections beg leave to Report : That in pursuance of the 49th Section of the Act respecting Controverted Parliamentary Elections, they have divided the Members remaining on the Alphabetical List into Three Panels, marked severally A. B. C, each containing, as near as may be, the same number of names. The whole humbly submitted. O. Benjamin, Chairman. »'; Note — The three Panels must accompany the Report, but be lied up, tied, and severally endorsed with the letters A. B. C. : Panel A. Panel B. Panel C. Messieurt Measieun Mestieun Alleyn, Fournier, Pope, Anderson, Gagnon, Portman, Archambault, Gait, Poupore, Ault, Gaudet, Powell, Baby, Harcourt, Prevost, Beaubien, Hubert, I^rice, Bell, (of Russell,) Huot, Robitaille, Beaudreau, Jackson, Ross, J. J. Bourassa, Jobin, Ross, J. S. Bown, Jone-<, Ryerson, Brousseau, Knight, Rykert, 1 Buchanan, Labreche Viger, Scatcherd, I Burwell, Langevin, Scott, 1 Cameron, M. C, LcBoutillier, Sherwood, 1 Caron, Lorangcr, Sicotte, i Cauchon, McDonald, J. A. Simard, 1 Clarke, McDonald, D A. Simpson, 1 Cockburn, . McDonald, J. S. Somerville, 1 Cowan, McKenzie, Starnes, Daoust, McCann, Stirton, Dawson, McKellar, Street, DeBoucherville, McLachlin, Sylvain, DeCazes, Mongenais, Tachereau, Denis, Morin, Tassd, Dickson, Morris, Wallbridge, Drummond, Morton, Walsh, m APPENDIX. 99 Dunkin, Dunsford, Ferguson, Fortier.— 30. Munro, Notman, O'Halloran, Patrick.— 30. White, Wilaoii, Wright.— 29. APPENDIX No. 21. REPORT OP ADDITIONAL MEMBERS TO CHAIRMEN'S PANEL. (^Referred to in the Act, section 52.) The General Committee of Elections beg leave to Report : That pursuant to the 52nd section of the Act respecting Con- troverted Parliamentary Elections, they have selected three additional members to be placed upon the Chairmen's Panel, viz : G^d(5on Ouimet, Esquire, Honorable Malcolm Cameron, Christopher Dunkin, Esquire. The whole humbly submitted. G. Benjamin, Chairman. APPENDIX No. 22. MOTION FOR POWER TO INCREASE CHAIRMEN'S PANEL OVER ELEVEN MEMBERS. [Referred to in the Act, section 53.) Mr. Benjamin moves, seconded by Mr. Bell, That the General Committee of Elections have leave to in- crease the number of Members forming the Chairmen's Panel, by adding three names thereto. APPENDIX No. 23. report of increase OF chairmen's panel over eleven members. The General Committee of Elections beg leave to Report: That in pursuance of the leave granted by your Honorable House, they have added the following three names to the Chair- men's Panel : — Honorable Thomas J. J. Loranger, Adam Wilson, Esquire, Hector Louis Langevin, Esquire. The whole humbly submitted. G. Benjamin, Chairman. ; .1 . II MO APPENDIX. APPENDIX No. 24. MR. SPEAKRR's liKPORT TO TUB HOUSE OF A VACANCY IK THK GEN- ERAL COMMITTEE OP ELECTIONS. {To be made on first day after vacancy is known.) {Referred to in the Act, sectitna 36, 43.) Pursuant to the 36th Section of the Act respecting Controverted Parliamentary Elections, I hereby make known to the House, that a vacancy has occurred in the General Committee of Elections, in consequence of the Honorable William Pierce Rowland, a member of the said Committee, having vacated his seat as a Member of the House by the acceptance of office ; and Pursuant to the 43rd section of the said Act, I hereby adjourn the transaction of the business of the said Committee until Mon- day next the 2nd day of Juno, at 11 o'clock in the forenoon. J. E. TURCOTTE, Speaker. APPENDIX JSu. 25. MR. speaker's warrant SUPPLYINO a vacancy in aENERAL COMMITTEE OF ELECTIONS, {To be made on ur before third day after Notice of vacancy to House.) {Referred to in the Act, section 38.) Pursuant to the 38th section of the Act respecting Controverted Parliamentary Elections, I do hereby appoint Archibald McKellar, Esquire, Member for the County of Kent, to be a member of the General Committee of Elections, in the place of the Honorable William Pierce How- land. J. E. Turcotte, Speaker. APPENDIX No. 26. a copy of OBJECTIONS TO RECOGNIZANCE. {Referred to in the Act, section 21.) To the Hon. Joseph Edouard Turcotte, Speaker of the Legislative Assembly of Canada. I, William McDougall, Sitting Member for the North Riding of the County of Oxtord, and Province of Canada, hereby object APPEXBIX. 101 for ptee lect to the Recognizance filed in tlie Controverted Elections Office of the Legislative Assembly, by William Bishop, who has petitioned against my Election and Retiiiu to the said Legislative Assembly for the North Riding of tlio County of Oxford, on the following grounds : — 1st. That the same is invalid. 2nd. That the same was not duly oi ♦^ercd into or received by the Speaker with the aflidavits thereunto annexed or endorsed, as by law required. 3rd. That the Sureties or one or moi-c of them, is or are insuf- ficient. ■4th. That the said Sureties cannot ])e easily found or ascer- tained for want of a sufficient description in the Recognizance. 5th. That a person named in the Recognizance has not duly acknowledged the same. And I hereby state and give notice more particularly of the objections I intend to urge against tlie validity of the said Recog- nizance Avithout prejudice to, or precluding myself from any other objections which it may be lawful for me to make or urge under any of the heads of objection above stated. 1st. The said Recognizance is invalid. Because one of the persons who entered into the same as surety for the person sub- scribing the petition did not testify upon oath, in writing, sworn at the time of entering into the said Recognizance, and before the same person by whom the Recognizance was taken, that he was seized or possessed of real or personal estate {or both) above what woidd satisfy all his just debts, of double the clear value of the sum for which he is bound by the said Recognizance. 2nd. Because no such affidavit is endorsed upon or annexed to the said Recognizance. 3rd. Because in the said Recognizance and affidavit of suffi- ciency of Sureties, the christian and surnames in full of the persons becoming Sureties, as aforesaid, only are mentioned, but not the usual places of residence or business " with such other descriptions of the sureties as may be sufficient to identify them easily." 4th. Because the said Recognizance is not duly certified under the hand of the Justice who took the same. 5th. Because the affidavits of sufficiency of the said Sureties are not duly certified under the hand of the Justice who took the same. 6th. Because the person who signed the said Petition, entered into the Recognizance, and thereby became surety for himself, contrary to the express words and direction of the Statute in that behalf. William McDougall. Quebec, 25th April, 1862. • 102 APPENDIX. ^K.c ^ ^ MR. APPENDIX No. 37. speaker's appointment for hearing objections to recognizance. (^Referred to in the Act, section 22.) Speaker's Chamber, Quebec, 25th April, 1862. In the matter of the Petition of William Bishop, complaining of the undue Election and Return of William McDougall, Esquire, as member to represent the North Riding of the County of Oxford, in the present Parliament : — I do hereby appoint Thursday, the first day of May next, for hearing Objections rin this matter filed, in my Chamber, at the hour of One of the clock, p.m. J. E. TURCOTTE, Speaker. y*v\> i J APPENDIX No. 28. notice of OBJECTIONS TO RECOGNIZANCES RECEIVED BY MR. SPEAKER, AND OF APPOINTMENTS FOR HEARING THEM IN HIS CHAMBER. (^Referred to in the Act, section 22.) County op Shepford. On Monday, the 23rd inst., at 11 a.m. North Riding of Oxford. On Thursday, the 1st of May, at one p.m. APPENDIX No. 29. MR. speaker's SUMMOMS TO PROCURE EVIDENCE AS TO RECOG- NIZANCES. PROVINCE OF CANADA, LEGISLATIVE ASSEMBLY ►A, I To Gkebting : — By virtue of the authority in me vested by the tnenty-third section of the Act intituled •' An Act respecting controverted APPENDIX. 108 ning uire, ford, ;, for t the ;er. i' MR. EM IN lECOO- -third i^erted Parliamentary Elections," I hereby summon and require you to appear before me at my Chamber, in the building in which the sittings of the Legislative Assembly of this Province are held, at the City of Quebec, on the day of at the hour of of the clock. , then and there to give evidence in the matter of the Recognizance entered into by of , in Canada, under the said Act, with reference to the Election Petition presented to the said Legislative Assembly, against the return of at the now last election for the County of to represent the said County in the said Legislative Assembly, in this present Provincial Parliament ; therein fail not. Given under my hand and seal, at the City of Quebec, this day of in the year of our Lord, one thousand eight hundred and A. B. (X. 6'.) Speaker. APPENDIX No. 30. MR. speaker's report TO THE HOUSE ON VALIDITY OF RECOG- NIZANCES. {Referred to in the Act, section 2B.) I report to the House, that the Recognizances to the following Election Petitions are OBJECTIONABLE. Of Eugene Urgel Pich^, Esquire, against the Election and Return of Pierre Eustache Dostaler, Esquire, for the County of Berthier. Of Edouard R^ne Demers, Esquire, against the Election and Return of Alexandre Dufresne, Esquire, for the County of Iber- ville. ALSO, That the Recognizances to the following Election Petitions are UNOBJECTIONABLE. Of Gabriel Lenoir dit Rolland, Esquire, against the Election and Return of Thomas D' Arcy McGee, Esquire, for the Electoral Division of Montreal West. Of William Bishop, against the Election and Return of William McDougall, Esquire, for the North Riding of the County of Oxford. J. E. TURCOTTE, Speaker. *hi !>•:': 104 APPENDIX. APPENDIX No. 31. MOTION FOR I)I.«(;HAR(ilN(l UEKERENCE OF PETITIONS WHOSE RECOONIZANCES HAVE BEEN REPORTED OBJECTIONABLE. ( To bt' made immediatAy after liecocjnizances have been reported objectionable.) (.Referred to in the Act, section 63.) Mr. Benjamin moves, secomlod hy Mr. Bkll, That the order of this House referring to tlie General Com- mittee of Elections, the Petition of Eugene Urgcl I'iohd, Esquire, complaining of an undue Election nnd Return for the County of Berthicr. Also, The Petition of Edouard lien(^ Demcrs, Es((uire, complaining of an undue Election and Return for the County of Iberville, be discharged. APPENDIX No. r>2. LIST OF CASES REPORTED UNOBJECTIONABLE. {Referred to in the Act, section 2").) List of Election Petitions on Avhich Mr. Speaker has reported that the Recognizances are unohjectionable, in the order in which they were so reported. 1. County of Essex. 2. Division of Montreal West, 8. Drummond and Arthabaska. 4. Verchcres. 5. Peterborough. 6. Shefford. 7. Bellechasse. 8. North Riding of Oxford. 9. East Riding of Durham. APPENDIX No. 33, report of time determined on for selecting committees. {Referred to in the Act, iection .'iC.) The General Committee of Elections beg leave to report, That they have appointed the following days for choosing Select Committees to try the matter of certain Petitions complain- ing of undue Elections and Returns. : APPENDIX. CoLNTY OF Essex. 105 On Tuesday, the twrnticth* ilay of May, instant, at 11 o'clock, A..>, from Panel C, No. 2. Elkctorai, DrvisroN ok Month eai, Wkst. On Tuesday, the thirteenth day of May, instant, ut II o'clock, A.M., from Panel A, No. 1. UNITKIt COUNTIKS OF DrUMMoND AND ArTUABAPKA. On Tuetsday, the thirteenth day of May, instant, at 11 J o'clock, A.M., from Panel A, No. 1, County ojt Vkkchkres. On Tuesday, the thirteenth day of May, instant, at noon, from Panel A., No. 1. The whole humbly sul»mittcd, G. Benjamin, Chairman. ih'i' if APPENDIX No. 34. NOTICE OF TIME AND PLACE FOR SELECTING COMMlTTiCES. (To be imblished and distributed ivith the Votes.) {Referred to in the Ac% section 58.) ELECTION PETITION NOTICES. ESSEX ELECTION.f Pursuant to the provisions of the SSth section of the "Act re- specting Controverted Parliamentary Elections," Notice is hereby given, that a Select Committee to try and determine the matter of the Petition complaining of an undue Election and Return for the County of Essex, will be chosen by the General Committee of Elections, on Tuesday, the 20th day of May instant, at eleven o'clock in the forenoon, in the Controverted Elections Office of the Legislative Assembly. All parties interested are hereby severally directed to attend the said General Committee of Elections bv themselves, their Counsel or Agents, at the time and place above mentioned. Legislative Assembly, G. Ben.jamin, Dated this 2nd day of May, 1862. Chairman. * (This is the lirst cane on List, but cojcliict of Returning Officer being complained of. fourteen days' notice must be given. t This notice must be transmitted by Poet to the Returning Officer fourteen day* before selection of Committee. 15 .: ? i«! 106 APPENDIX. MONTREAL WEST ELECTION. Pursuant to the provisions of the 58th section of the "Act re- specting Controverted Parliamentary Elections," Notice i.s hereby given, that a Select Committee to try and determine the matter of the Petition complaining of an undue Election and Return for the Electoral Division of Montreal We.st, will be chosen by the General Committee of Elections, on Tuesday, the 13th day of May instant, at eleven o'clock in the forenoon, in the Controverted Elections Office of the Legislative Assembly. All parties interested are licreby severally directed to attend the said General Committee of Elections, by themselves, their Counsel or Agents, at the time and place above mentioned. Legislative Assembly, G. Benjamin, Dated this 2nd day of May, 18* i2. Chairman. DRUMMOND AND ARTIIABASKA ELECTION. Pursuant to the provisions of the 58th section of the "Act respecting Controverted Parliamentary Elections," Notice is here- by given, that a Select Committee to try and determine the matter of the Petition complaining of an undue Election and Return for the United Counties of Drummond and Arthabaska, will be chosen by the General Committee of Elections, on Tuesday, the 13th day of May instant, at half-past eleven o'clock in the forenoon, in the Controverted Elections Office of the Legislative Assembly. All parties interested are hereby severally directed to attend the said General Committee of Elections, by themselves, their Counsel or Agents, at the time and place above mentioned. Legislative Assembly, G. Benjamin, Dated this 2nd day of May, 1862. Chairman. VERCHERES ELECTION. Pursuant to the provisions of the 58th section of the "Act respecting Controverted Parliamentary Elections," Notice is here- by given, that a Select Committee to try and determine the matter of the Petition complaining of an undue Election and Return for the County of Vercheres, will be chosen by the Gen- eral Committee of Elections, on Tuesday, the 18th day of May instant, at noon, in the Controverted Elections Office of the Legislative Assembly. AH parties interested are hereby severally directed to attend the said General Committee of Elections, by themselves, their Coun- sel or Agents, at the time and place above mentioned. Legislative Assembly, G. Benjamin, Dated this 2nd day of May, 1862. Chairman. ! a, ; i.ii I APPENDIX. 107 the lun- APPENDIX No. 35. PANEL IN WEEKLY SERVICE. ELECTrON PETITION NOTICE. (To appear on Saturday Mornimjin Friday b Votet.) (Referred to in the Act, section 01.) Pursuant to the 61st Section of the Act respecting Contro verted Parliamentary Elections, Notice is hereby given, of the Select Committees to try Election Petitions, appointed to be chosen for the Calendar Week reckoned from Sunday, the 11th, to Saturday the 17th May instant, and the Panel from which Committees will be chosen to try sucli Petitions. From Panel A, No. 1. 1st. — Electoral Division of Montreal West — On Tuesday the I3th at 11 o'clock, a.m. 2nd. — United Counties of Drummond and Arthabaska — On Tuesday the 13th, at \\\ o'clock, A.M. 8rd.— County of Vercheres— On Tuesday the 18th, at 12 o'clock noon. Panel A, No. 1. Alleyn, Charles Anderson, William Archambault, Alexandre Ault, Samuel Baby, Michael William Beaubien, Joseph Octave Bell, Robert (Russell) Beaudreau, Joseph Bouvassa, Francois Bown, John Young Brousseau, Jean Docile Buchanan, Isaac Burwell, Leonidas Cameron, Matthew Crooks Caron, George Cauchon, Joseph Clarke, William Cockburn, James Cowan, James Daoust, Jean Baptiste Dawson, William McDonell De Boucherville, Chas. Boucher De Cazes, Charles Denis, Paul Dickson, James Drummond, Lewis Thomas Dunkin, Christopher Dunsford, James Wicks. Ferguson, Thomas Roberts Fortier, Moyse APPENDIX No. 30. REPORT OF TIME CHANGED FOR CHOOSING A SELECT COMMITTEE. {Referred to in the Act, section 60.) The General Committee of Elections beg leave to Report : That in consequence of the number of Select Committees ap- m •41' 108 AFPKNDIX. pointed \-> be chosen during the present week, and the small number of names remaining; on the Panel in .service, liable to to serve, the Committee liave exten respecting Controverted Parlia- | mentary Elections. ' ' J A. N., Speaker, or N. M , Justice of the Peace (Mayor, &c., as the case may he) for, kc. A. B. C. D. E. F. G. H. APPENDIX No. 40. AFFIDAVIT OF DEFEKDINO PETITIONER IN BELIEF OF THE SUFFI- CIENCY OF HIS SURETIES. (Referred to in th- Act, section 29.) I, A. B., of the Village of , in the Township of , in the County of , and Province of Canada, Yeoman, and Petitioner defending the last Election and Return for the Riding of the County of , make oath and say, that I am thoroughly acquainted with the persons who have entered into the Recognizance in my behalf, and I have reason to believe, and I verily do believe, that such persons are Avorth the amounts respectively stated by them in their affidavits of sufficiency respectively. Sworn before me, at the place "| above mentioned, this > day of 18 . j CD. A. B. One of Her Majesty's Justices of the Peace in and for the County of , and Province of Canada. APPENDIX No. 41. NOTICE TO MR. SPEAKER OF A MEMBER'S DEATH. (Referred to in the Aot, section 26.) We, whose names are underwritten, being two members of the House of Legislative Assembly, do hereby certify. That Basil Rorison Church, Esquire, late a member of the said House and the APPENDIX. Ill Representative for the North Riding of the United Counties of Leeds and Grenville, died upon the seventh day of April, 1858 ; and we give you this Notice, to the intent that you may issue your warrant to the Clerk of the Crown in Chancery to make out a new writ for the election of a Member to serve in Parliament for the said North Riding of the United Counties of Leeds and Grenville, in the room of the said Basil Rorison Church, Esquire. Given under our hands this fifteenth day of April, 1858. To the Hon. Henry Smith, 1 „• Speaker of the Leg. Ass! | Signatures. APPENDIX No. 42. NOTICE SENT TO MBMBIRS SELECTED jr SERVE ON AN BLECTION COMMITTEE. {Referred to in the Act, section 71.) Controverted Elections Office, day of 186 . To M. P. P. Sir, — Pursuant to tlie 71st section of the Act respecting Con- troverted Parliamentary Elections, I beg to notify you that you have this day boon chosen by the General Committee of Elections, as a Member to serve on the Committee for the trial of the Elec- tion Petition complaining of the Return for the That the General Committee will meet on to-morrow, at eleven o'clock, A.M., in the Controverted Elections Office. And that herewith is a notice of the general and special grounds of disqualification and excuse from serving. I have the honor to be, Sir, Your obedient sertant, Clerk to the General Committee of Elections. 1)1 tl NOTICE OF THB GENERAL AND SPECIAL GROUNDS OP DISQUALIFI- CATION AND EXCUSE FROM SERVING. {Extracts from the Avt respecting (Jontroverted Parliamentary UlectioHS.) Section XLIV. — Every member having leave of absence from the House shall be excused from serving on Election Committees during such leave, and if any member in his place offer any other m ■ m ■ f I 112 APPENDIX. excuse, the substance of the allegation 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 Commit- tees for such time as to the House seems fit, but no member shall be so excused who docs 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 Com- mittee has made its final report to the House, notifies to the Clerk of the General Committee his claim to bo excused from so serv- ing 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 sliall bo deemed to have served on an Election Committee who, on account of inability or accident, has been excused from attending the same throughout. Section XLV. — Every member Avho is a Petitioner complaining of an undue Election or Return, or against whose Return a Peti- tion is depending, shall be disriualified to serve on Election Com- mittees during the continuance of such ground of disqualification. Section LXII. * * * By reason of having voted at the Election, or by reason of being the party on whose behalf the seat is claimed, or related to him or to the sitting member by kin- dred or affinity, in the first, second, third or fourth degree, according to the civil law. APPENDIX No. 43. N«TICK OF TIME AND PLACB FOR MEETING OF GENERAL COMMITTEB OF ELECTIONS. [To accompany/ the Votes.'] {Referred to in the Act, section 71.) CONTROVERTED ELECTIONS NOTICE. Pursuant to the 71st section of the Act respecting Contro- verted Parliamentary Elections, Notice is hereby given, that the General Committee of Elections will meet in the Controverted Elections Office of the Legislative Assembly, at eleven o'clock, A.M., to-morrow. Clerk to the General Committee of Elections. Tuesday, 13th May, 1862. APPENDIX. APPENDIX No. 44. 118 REPORT OF NAMES OF SELECT COMMITTEE CHOSEN. {Referred to in the Act, section 73.) The General Committee of Elections beg leave to report the names of the members of the Select Committee, appointed to try and determine the matter of the Petition complaining of an undue Election and Return for the East Riding of the County of Northumberland, and have annexed hereto the Petition referred to them relating to the said Election: — NAMES OF COMMITTEE, John Simpson, Esquire, John White, Esquire, David Edward Price, Esquire, Robert Brown Somerville, Esquire. Chairman. Adam Wilson, Esquire. The whole humbly submitted. G. Benjamin, Chairman. [Immediately after the Report has been presented, send to each member so reported what appears on Appendix 45.] Rl tions. APPENDIX No. 45. RELATIVE TO THE SWEARlNO OF SELLCT COMMITTEE. {Extract fi'om the Act respecting Controverted Parliamentary Elections.) Section LXXIII. — That at the meeting of the Commons House of Legislative Assembly for the despatch of business next after any such Select Committee has been appointed, the General Com- mittee of Elections shall report to the House the names of the Select Committee appointed. ******: Section LXXIV. — That at or before four of the clock on the next day on which the house meets for the despatch of business after such Report, the five members chosen to be the Select Com- mittee shall attend in their places, and shall, before departing the House, be sworn at the table by the Clerk, well and truly to try the matter of the petitions referred to them, and a true judgment to give, according to the evidence ; and shall be taken to be a 16 II' • I W.' I till I I W- 114 APPENDIX. Select Committee, legally appointed, to try and determine the merits of the return of Election so referred to them by the House, and the legality of such appointment shall not be called in ques- tion on any ground whatever ; and the Member so appointed from the Chairmen's panel, shall be the Chairman of such Committee, and they shall not depart the House until the time for the meet- ing of such Committee is fixed by the House, as hereinafter pro- vided. Section LXXV. — That if any Member of the said Select Com- mittee do not attend in his place within one hour after four of the clock on the day appointed for swearing the Committee (provided the House sits so long, or if not, then within the like time on the following day of sitting;) or if, after attending, any Member depart the House before the said Committee is sworn, unless the Committee be discliarged, or the swearing of the said Committee be adjourned, as hereinafter provided, he shall be ordered to be taken into the custody of the Sergeant-at-Arms attending the House, for such neglect of his duty, and shall be otherwise punished or censured at the discretion of the House, unless it appear to the House by facts specially stated and verified upon oath that such Member was by a sudden accident or by necessity ]»revented from attending the House. Section LXXVI, — That if any such absent Member be not brought into the House within three hours after four of the clock on the day first appointed for swearing the said Committee, (pro- vided the House sits so long, or if not then within the like time on the following day of sitting,) and if no suflicient cause be shewn to the House before its rising whereon the House dispenses with the attendance of such absent Member, the swearing of the Committee shall be adjourned to the next meeting of the House, and all the Members of the said Committee shall be bound to attend in their places for the purpose of being sworn on the day of the next meeting of the House, in like manner as on the day first appointed for that ])urpose. Section"LXXVII. — That if on the day to which the swearing of the said Committee is so adjourned, all the Members of the Committee do not attend and bt; sworn within one hour after four of the clock, (provided the House sits so long, or if not, then within the like time on the following day of sitting,) or if on the da}' first appointed for swearing the said Committee, sufficient cause be shewn to the House before its rising, why the attendance of any member of the Committee should be dispensed with, the said Committee shall be taken to be discharged." APPENDIX 115 to APPENDIX ^^0. 46. almZfr-^ '*' ^''''' "^"" ^''''' ^^"""'■^'^''* '^-^ ^^P'^rted CONTROVERTED ELECTIONS NOTICE. Election Committees to be sworn -it or hofo..,. e ■ i , i'.M., on Wednesday, the 4th ouZ, 1862. '"' ^""" " ^•^"^'^' i^lectoral Division of Montreal West Verchdrcs. l>rummond and Arthabaska. APPENDIX No. 47. OATH TAKEN IJY SELECT COMMITTEE. {deferred to in the Act. m:tion 74.) I swear, that I will well and triilj trj the matter of the Pe- tition complaining of an undue ^hlcction and Return for the County of Verchdres, and a true judgment give according to the evidence. So HELP ME God. Sworn before me, at the Clerk's T Je jure, que j'examinprai bicn ct fidelement raffairc de la Petition se plaignant de I'Elec- tion et Kap])ort irreguliers pour le Qom6 de Verchdrcs, et que ma decision a cet dgard sera equitable et conformc au.\ teen sworn.) (deferred to in the Act, section 78.) Th'»/^.f b'""^ "''^*'' seconded by Mr. Bell, That the Petition relative to the Election and Return for the ¥ t > 116 APPENDIX. I mP: County of Vcrcheres, be referred to the Select Committee appointed to try and determine the matter of the Petition com- plaining of an undue Election and Return for that County. APPENDIX No. 49. MOTION FOR FIRST MEETINO OF SELECT COMMITTEE. (To be made immediately after the above motion.) {Referred to in the Act, section 78.) Mr. Benjamin moves, seconded by Mr. -Bell, That the said Select Committee do meet to-morrow, in Com- mittee Room, No. 18, at the hour of eleven o'clock, a.m. APPENDIX No. 50. motions TO be made when a member of a 5BLECT COMMITTEE IS ABSENT AT TIME OF SWEARING. (lief erred to in the Act, section 7/).) Mr. Beujamin moves, seconded by Mr. Bell, That the 75th section of the Act respecting Controverted Par- liamentary Elections be now read. (After being read,) Mr. Benjamin moves, seconded by Mr. Bell, That , Esquire, Member for the North Riding of the County of , having been appointed to serve as one of the Members to try and determine the matter of the Petition complaining of an undue Election and Return for the County of , and no. having attended in his place within one hour after four of the clock this day, being the day appointed for the swearing of tlie said Committee, he taken into the custody of the Sergeant-at-Arms, attending this House. APPENDIX No. 51. MOTIONS TO BB MADE WHEN THE MEMBERS APPOINTED A SELECT ELECTION COMMITTEE ARE CALLED TO BE SWORN AT THE TABLE, AND ARE NOT ALL PRESENT. [Referred to in the Act, section 76.) Mr. Benjamin moves, seconded by Mr. Bell, That the 76th section of the Act respecting Controverted Par- liamentary Elections be now read. APPENDIX. 117 (After helmj read.) Mr. Benjamin moves, secontled by Mr. Bell, That the swearing of the Select Committee appointed to try and determine the merits of the Petition comphiining of an undue Election and Return for tlie Soutli Riding of the County of , be adjourned to the next meeting of tlie House. APPENDIX No. 52. MOTIONS TO l)E MADE WHEN THERE 18 AN ABSENTEE ON SECOND DAY OF SWEARINa. (Referred to in the Act, section 77.) Mr. Benjamin moves, seconded by Mr. Bell, That the 77th section of the Act, respecting Controverted Pai*- liamentary Elections, be now read- (After beiruj read,) Mr. Benjamin moves, seconded by Mr. Bell, That the Select Committee appointed to try and determine the matter of the Petition complaining of an undue Election and Return for the County of be discharged, and that the Petition be referred 1)ack to the General Committee of Elections. I EOT DHE rar- APPENDIX No. o8. notice (FOU votes) of MEETINti OF (JENERAli COMMITTEE OF ELKCTIOXS TO SELECT ANOTHER COMMITTEE. {Referred to in the Act, section 77.) CONTROVERTED ELECTION NOTICE. The (loncral Committee of Elections will meet on to-morrow, the -'h-d of June, in the Cotitroverteil Elections Office, at 11 o'clock, A.M., to appoint a new Select Committee to try the Petition com- plaining of an undue Election and Return for the County of APPENDIX No. 54. REPORT FOR CORRECTING PANELS. (Referred to in the. Act, section 50.) The (jreneral Committee of Elections beg leave to report, That pursuant to the 50th section of the Act respecting Con- 118 APPENDIX. trovcrted Parliamentary Elections, they have corrected the Panels by inserting the name of Pierre Eustachc Dostaler, Esquire, upon Panel A., No. 1. Of Joseph Paschal Falkner, Esquire, and Joseph Rymal, Esquire, upon Panel C, No. 2, and of Alexandre Dufresne, Esquire, upon Panel B., No. 8. The whole humbly f^ubniitted. (J. Benjamin, 18th May, 18(32. Chairman APPENDIX No. «5. COl'Y OF AMEM)EI> PANELS. {Referred to in the Act, section 50. ) AMUNDED PANELS FOR ELECTION COMMITTEES. As lieportidhji the General Committei: of Elections, IXth 3Ioi/, 1862. CHAIRMEN'S! PANEL. The Honorable John Rose, [^I'hosen to seroe on Slwff'ordConunittec.^ The Honorable Oliver Mowat. Angus Morrison, Escjuire. Skeifington Connor, Esquire. John J. C. Abbot, Es(iuire, \_cliosen to xerve on VercMres Committee.'] Maurice Laframboise, Esquire, [i^Jiosen to serve on 3Iontreal West Conimitfee.'] Henri Gustave Joly, Esquir<\ John Crawford, Esquire, [chosen to serve on JJrum- mond and Arthabaska Committee.] The Honorable Thomas J. J. Loranger. Hector Louis Langevin, Esquire. Matthew Crooks Cameron, Esquire, and Adam Wilson, Esquire. PANEL AUeyn, Charles. Anderson, William, [chosen on a Committee.] Archambault, Alexandre, [chosen on a Committee.] Ault, Samuel. Baby, Michael William. Beaubien, Joseph 0., [c?iosen on a Committee.] Bell, Robert (Russell,) [chosen on a Committee.] A, No. 1. Clarke, William. Cockburn, James, [chosen on a Committee.] Cowan, James, [chosen on a Committee..] Daoust, Jean Baptistc, [chosen on a Committee.] Dawson, W. McDonnell, [chosen on a Committee.] De Boucherville, C. B., [chosen on a Committee.] 'iR ; APPENDIX. 119 Beaudreau. Joseph. BouvassH. Francois, [cftanen on (I Oommiftee.'] Bown, John Young, [^chosiii ou It Co mm it (<•('.'] Bi'oussouu, Jean Docile. Buchanan, Isaac. Burwell. Leonidas, [chosm on (I Committee.^ Caron, (Jeorge. [^c/iosi'n on a Com m iff re.'] Cauohon, Joseph. PANKL Falknev, Joseph Paschal. Pope, John Henry. Portman, Maurice Berkeley. Poupore, John. Powell, William Frederick. Prevost, Jean Bte. Jules. Price, Davitl Edward. Rohitaille, Th(5odore. Ross, John J. Ross, John S. Ryersori, William. Rykert. John Charles. Rymal, Job,. ph. Scatcherd, Thomas. Scott, Richard William. De Cazes, Charles. Deni.s, Paul. Dickson, James, J[cho$en on a Committee.l Dostalcr, Pierre Eustache. Drummond, Lewis Thomas. Durkin, Christopher. Dunsford, James Wicks. Ferguson, T. Roberts, [j-hosen on a Committee.'] Fortier, Moyae, [elioaen on a Committee.'] C, No. 2. Sherwood, George. Sicotte, Louis Victor. Simard, George Honore. Simpson, John. Somerville, Robert Brown. Starncs, Henry. Stirton, David, Street,. Thomas],Clarke. Sylvain, George. Taschereau, Ileuri Elzdar. Tas.s^, Fran9ois Zephiriu. Wallbridge, Lewis. Walsh, Aquila. White, John. Wright, Amos. PANKL Dut'resne, Alexandre. Fournier, Charles Francois. Gagnon, Adolphe. Gait, Alexander Tilloch. Gaudct, Joseph. Harcourt, Michael. Hubert, Noel. Iluot, Pierre Gabriel. Jackson, George. Jobin, Joseph llilarion. Jones, Francis. Knight, Albert. Labrechc-Viger, Louis. Le Boutillier, John. donald, John Alexander, lyiac B., No. H. \ Macdonald, Donald A. < Macdonald. John Sandfield. j Mackenzie, Alexander. McCann, Henry Wellesley. I McKellar, Archibald. I McLachlin, Daniel. Mongenais, Jean Baptiste. Morin, Louis S. Morris. Alexander. Morton, James. Munro, Henry. Notman, William. O'Halloran, James. Patrick, William. ■. r .ill 3 120 . I' APPENDIX. APPENDIX No. 5t). MOTION FOR TEMI'ORAKY ADJOrRN.MENT OF A SliLECT ELLCTIUN COMMITTKE, HY LEAVE FROM THE HOUSE. (Referred to in f/ie Act, section 70.) Mr. Morrison moves, seconded l»y Mr, Simpson, That the Select Committee appointed to try iind determine the merits of the Petition comphiiiiin^ of an undue Election and lloturn for the County of Arp:enteuil, have leave to adjourn till Friday, the 14th instant, at 10 o'clock, a.m. This the Ccmimittee consider necessary, and have the consent of the Petitioner and Sitting Member thereto. APPENDIX No. •)i , MOTION FOR ADJOURNMENT OF IIOU.SE FROM SIX TO HALF-PAST SEVEN o'clock, P.M., TO ENABLE SELECT ELECTION COMMIT- TEES TO MEET. Mr. Ross moves, seconded by Hon. Mr. Lemieux, That when Mr. Speaker leaves the Chair at six o'clock, the House will adjourn till half-past seven o'clock, this day. APPENDIX No. 58. MOTION FOR AD.IOURNMKNT OF HOUSE FOR TEN MINUTES TO ENARLB SELECT ELECTION COMMITTEES TO MEET PRO FORMA. The Hon. Mr. Lemieux moves, seconded by Mr. Simpson, That the House do now adjourn for the space of ten minutes, to allow Select Election Committees to meet, fro forma. APPENDIX No. 59. MOTION FOR FURTHER ADJOURNMENT OF A SELECT ELECTION COMMITTEE BY HOUSE, WHEN THE HOUSE IS SITTIN(J AT TIME TO WHICH SUCH COMMITTEE WAS ADJOURNED. Mr. Benjamin moves, seconded by Mr. Robinson, That the Select Committees on tlie Election Petitions for the Counties of Montmorency. Quebec, and the North Riding of the County of Wellington, be further adjourned until to-morrow, at 10 o'clock, A.M. APPENDIX. 121 APPENDIX No. 60. MST OF VOTES I.NTKNDEP TO BE OBJErTEn TO. { lief err rd to in the Act, section 80.) To TFIE LErUSLATIVE A.SSEMI!LY. In the matter of the Petition of .fuhn Scoblc, Esqniro com plamingofthcuulue Election an< The vote of euch party inclujpd in this" dttfn, is dbjccti-d to ; for That each, fic, kc 17 ^i\l 122 ■ / i* J* li \VM W^ APl'EMMX. APrivN'DLX N(.. 61. BKrOllI WHEN A A1KMHKU IS Alli^KNT IRu.VI f^KLliCT ELECTION COMMlTTEi:. ( liefct'i'i'il to in tJtr Act, xfi'tiint 84.) The Select Committee iij)|>ointe(l to try and (Ictenninc the mat- ter of the I'etitio 1 c'lniiiluiniuf^ of ;m iindiie Eleetioii : next sitting. |.| APPENDIX No. 11:!. Affidavit or kxcish vow ausemi-: oi a MiiMiiEii fko.m select i:li;ction committee. (Reff.rrcil to la thr Art. sirf/dii S'l. ) 1, A. P»., Member for the County of , do solemnly .>«wear, tiiat in conscvjuence of the late hour at which I left the I louse, after the adjournment of the debate, this morn- ing, I was unable to be presiMit at the meeting of the Select Com- mittee on the Norfolk Election Petition, of whieli I am a member. So hcl}) me God. A. B., M. P. for Sworn before me at the Clerk's Table, Legislative Assembly, this 4th day of May, 1862. W. 1{. Ljnd.^av, Chief Clerk, Leg. Ass. APPENDIX No. 63. RECOGNIZANCE ON THE PART OF THE SITTING MEMBER. (Referred to in the Art, section H.) Canada, 1 To wit : j Be it remembered, that on the day of t APPKNOrX 118 H in the your of Our Lord, one tliousaml eight hiimlrcil itml , lU'tbre iiic the Hoiinr.'ihlt' A. N.. Spi'iikcc (if the Honoruhh' the lit';;i'* Justices u Town Reeve of may ht>) at quire, (or iib the ouxe luiiif be) C. I)., of, i<:e., E. K., of, iScc, ant (.». II., of, &o., and acknowlcil^rod himself ifii/irf >• Meiii/iei's. ) the sitting Meuilier ((>/• Momhers) for the County. iS:c., {iiixcrt the ilcxii/ndtiuit uf t/ir Electoral Dlviniou) i){ . in Tpper (/enti(l [nr to he [)resented) to the Legislative (.'ouncil (y/' to the Lcgi.-hitivc Assi-ni- bly, ) under the Art re-yjet'tini/ Coutroirrteil J*ame. then this Recog- nizance to be void, otherwise^ to be of full force and effect. Taken and acknowledged l)eforc ^ me at the day and place afore- | .said, in pursuance of the ''Act ) respecting Controverted Parlia- J mentary Elections." J A. N., Speaker, or N. M., Justice of the Peace, (Mayor. i<:c., tn the case may he,) for, &c. A. B. C. D. E. F. a. 11. I Jl'i 124 U'' APPENDIX. APPENDIX No. 64. AFFIDAVIT OF SITTING MEMBER AS TO BELIEF OF HIS SURETIES. (Referrcif to in t/tc Act, mt'otiun 18.) I, A. B.. of the Village of , in the Township of , in the County of and Province of Canada, Advocate, and sitting^Member for the West Riding of the County of , in the Legislative Assembly of the Province of Canada, and defending the last Election and Return for the said Riding, make oath and say, that I am thoroughly acquainted with the persons who have entered into the Recogni- zance in my behalf, and 1 have reason to believe, and I verily do believe, that such persons are worth the amounts respectively stated by thein in their affidavits of sufficiency i-espectively. Sworn in my chamber in the Lc- ~| gislative Assemblv, this > A. B., day of ' 18tJ2. j M. P. for Before me, C. D., Speaker of the Legislative Assembly of the Province of Canada. APPENDIX No. t;o. NOTICE TO BE OIVHN BY THE PARTY INXENDINO TO APPLY TO THE SELECT COMMITTEE FOR THE ISSUE OP A COMMISSION. (To lie ill' lit to the u/>postng parti/ or jjaftii\s.) {Refer nul to In the Act. seetion 98.) To A. B., Esquire, Petitioner against my Election and Return as Member in the Legislative Assembly of the Province of Canada. f(»r the South Riding of the County of Take Notice: — That 1 intend to apply to the Select Election Committee appointed to try and determine the merits of the Peti- tion subscribed by you and complaining of an undue Election and Return for the South Riding of the County of on Wednesday the day of , for the issue of a Commission to take evidence in matters pertaining to the List of voters objected to in my behalf and filed with the said Select Committee, bv nie. C. D.. xM. P. for Saturday, the day of , 18G2. APPENDIX. 125 jtion ^eti- tnicl I) the isaid APPENDIX No. 66. COMMISSION FOR THE EXAMINATION OF WITNESSES. {Referred to in the Act, tection 99.) Canada, 1 to wit : I To His Honor, G. H., one of Her Majesty's County .Judges in Upper Canada, {or as the case may be), and all others whom it doth or may in any way concern : I J. I., of, &c., Esquire. Member of tlie Legislative Council (or • -gidative Assembly) of the Province of Canada, and Chair- man of the Select Committee appointed to try the merits of the Election Petition of C. D. and E. F., &c., {.settuuj out the names of the Petitionern) against the election {or return, or election and return) of J. L., Esquire, the sitting Member {or as the case may he) for the County (Riding, &c., ini>i'rt the designation of the Electoral Division) of , in Canada in th-e said Legislative Council (or Legislative Assembly) send — Greeting : Whereas upon the application of the said Petitioners {»r of C. D., one of the said Petitioners, or of the said sitting Member or of K. L., a Petitioner (nr Petitioners) who has {or have) been admitted to defend the said Election Petition, {or as the case may be.,) to the said Select Committee, (or otherwise, as the case may he J it has been ordered by the said Committee, in pursuance of the powers vested in them by the Act respecting Controverted Parliamentary Elections, that a Commission should issue for the examination of Avitnesses on the trial of such Election Petition, and that you the said G. H. shall be appointed such Commissioner : — These are therefore, in compliance with the said orders and in pursuance of the provisions of the said Act, to nominate, consti- tute and appoint you the said G. H. to be such Commissioner, to examine and in(inire into all matters and things to you for that purpose referred or to be referred by the said Election Committee, or any other Election Connnittee that may lie appointed in their place for the trial of such Election Petition acconling to the pro- visions of the said Act, with all such |)owers and authority as by law belong t'^ the office of such Commissioner by virtue of the said Act, or otherwise howsoever ; — And you are hereby expressly commanded with all necessary speed to repair to the said County (Riding, &c.. an the rase may be) of , and there at such place therein as you shall for that purpose appoint, on , the day of next, to proceed with the examination and enquiry aforesaid : — And all and whatsoever you do or cause to be done in the premises you are to return to the Honorable the Speaker of the said Legislative Council (or Legislative Assembly) for the lime being, in the manner and »j 11 f!i,l j«f \ ' V ■ 1 ,i li -^. 126 APPENDIX. within the time by the said Act for that purpose prescribed ; and this you are in no wise to omit under a penalty of four hundred dollars, and such other penalties as you may by law incur by reason of any such omission or neglect. Given under my hand and si'al at Canada, this day of Our Lord, one thousand eight hundred Her Majesty's Reign the in in the year of . and of J. T (L. S.) APPENDIX No. 07. SIMILAR COMMISSION AVMEUE A NEW COMMISSIONER I.>* APPOINTED IN CONSEQUENCE OF THE ORTCTNAL COMMISSIONER NOT BEING ABLE TO ACT. {Referred to in thr Act, section 100.) Canada, "( to wit : / To Ilis Honor G. H., one of Her Alajesty's County Judges in Upper Canada, [or as the vci^c may be,) and to all others whom it doth or may in any wise concern : I, J. I., of, &.C., Esquire, a Member of tlie Legislative Council [or Legislative Assembly) of the Province of Canada, and Chair- man of the Select Committee appointed to try the merits of the Election Petition of C. D. and E. F., &c., {setting out the names of the Petitioners) against the election {or return, or election and return) of J. L., Esquire, the sitting Mend)er, {or as the case maij he) for the County (Riding, kc, insert the designation of the Electoral Division) of . in Canada, in the said Legislative Council {or Legislative Assembly) send — Greeting: Whereas upon the application of the said P' litioners, {or of C. D., one of the said Petitioners, or of the said sitting Member, or of K. L.. a Petitioner or Petitioners, who has or have been admit- ted to defend the said Election Petition, {or as the ca ;e may he) to the Select Election Committee {or otherwise, as the case may he,) — it was ordered by the said Committee in pursuance of the powers vested in them by the ''Act respecting Controverted Parlia- mentary Elections./' that a Commission should issue for the exami- nation of Witnesses on the trial of such Election Petition, and that G. H. should be appointed such Commissioner ; and there- upon, by Warrant under my Hand and Seal, piu'suant to the said Act {or under the Hand and Seal of L. M., the then Chairman of the Select Election Committee to try the merits of such Election Petition, as the case may be,) one G. H. was appointed such Com- missioner to examine and enquire into all matters and things to W- APPENDIX 127 Dunoil [Jhair- f the iones iind may >f the said of C. , or Imit- u H may .f the [irlia- ami- and here- said in of ction om- s to him for that purpose referred or to be referred by the .said Elec- tion Committee, or any other Election Committee that might be appointed in their place, for the trial of such Election Petition, according to the provisions of the said Act ; — And whereas in consc(|uence of the death of the said (G. II., or of the incapacity of the said ( (,i. II.) from illness, ///' an t/w cas'' may hi'') it has t'ocome impossible that the sai liy ii:i(l (letcnnine the lu.'it- tcr of the Petition coinplaiiiing of an uiuluv.' Election and Return for the County of . hosf leave to report, That at the instance of the Petitioner, yor sitting Member) the Committee have _irrante(l a Commission for the taking of evidence, and have. Ity the consent of both parties, appointed , to be the Commissioner to examine witnesses touchina; the alle<^ations contained in the Petition. The Committee, therefore, ask permission of your Honorable House to adjourn, until such time as Mr. Speaker, by his Warrant, shall direct said Committee to re-assemble, and take the proceed- ings of said Commissioner into considei'ation. The whole humbly submitted. A. M., Chairman. m m Province of to AP]»ENDIX No. 72. speaker's warrant for RE-AS.^EMRLIN(i OF SELECT COMMITTEE, AND ISSUED WHEN PARLIAMENT IS IN SESSION. {Refcrml to In tJf vl-Y, xcrtin,i 122.) of Canada. "I Avit : J To Eugene Urgel Piche, E-^(iuire. Chairnian, Marcus Talbot, Esquire, William Scott, Esquire, John llenvy Pope. Esquire, and Amos Wright, Esquire, Members of the (.^Jlnmons llouse of Legislative Assembly of the said Province, and Members of the Select Committee appointed to try the merits of the Election Petition of Francois Evanturel, Esc^uire. against the return of Charles Panet, Esquire, the sitting ^leraber for the County of Quebec, in Lower Canada, in the said Legislative Assembly. Whereas, I have received a copy of the Minutes of proceedings had before the Coinmissi ^J^ K 8 OF TIIK ACT HKSPKCTINc; (!;0tttvoitpvtccl f iuliiimentiuir i^lutkM, 1. What shall be deemed :iu Election Petition. Who nniy sub- suribo iin Election Petition. Such petiti)!! to be presented to that House for which the election to which it relates was held. '2. When to be presented, it' arising out of an election iield in consequence of the expiration or dissolution of a Parliament. 3. When to be presented, if arising out of an election held otherwise than in consequence of the expiration or dissolution of a Parliament, the return being made when Parliament is not in Session or on one of the last fourteen days of a Session. 4. When to be presented, if Parliament b in Session at the time of the Return, and sits fourteen days afterwards. 5. Petition may be presented and brought up at any period of the day, as a matter of privilege. H. What shall not be a Session within the meaning of the Act. 7. Longer period allowed for presenting petitions complaining of bribery or corruption, viz., 28 days. If the House be not sitting on 28th day, then to be presented on first sitting there- after, provided the House has gone through its routine business so far as to allow of presenting petitions. 8. No petition to be deemed an Election Petition unless pre- sented in due time. 0. On what conditions a petition nuiy be withdraAvn. Party withdrawing liable to payment of costs. 10. Security for costs to be given before, the petition is pre- sented. Amount and form of recognizance, &c. 19 188 CONDENSED VIEW OF : fi' \m 11. Security for costs to be given by sitting member demand- ing a Commission. Amount and form of recognizance, &c. Recog- nizance to be entered into before Speaker or u Justice of the Peace, with affidavits of sufficiency of sureties. 12. Parties entering into recognizances to justify their suffi- ciency on oath. Every affidavit must be endorsed upon, or an- nexed to the recognizance. 13. Sureties to be mentioned by their names and additions. 14. Recognizance to be entered into before the Speaker or a Jus- tice of the Peace. Every recognizance and affidavit must be deli- vered to Mr. Speaker, and is open to the inspection of all con- cerned. 1 5. Money may be deposited instead of giving recognizance. How such money shall be so dealt with. 16. Such money not to be deemed paid until a receipt or cer- tificate is delivered to the Speakc • , 17. Petition not to be received unless the Speaker's certificate of recognizance or deposit be endorsed thereon. 18. What must be certified and done before an application by sitting member lor a Commission to take evidence can be enter- tained. 19. Objections to recognizances of or on behalf of sitting mem- ber, how to be heard and disposed of. Order made to bind all parties. Proviso. 20. Names of sureties, &c., to be entered by the Clerk in a book. 21. Objections to recognizances of petitioners may be taken by sitting member, or electors supporting his election. Ground of objection to be in writing by the eleventh day after presentation of petition. Proviso, in case the eleventh day is a holiday. Ob- jections to be filed in the Clerk's office. 22. Notice of objection to be posted up, and a day appointed for bearing objections. 23. Speaker to decide ou objections ; may take evidence by oath or affidavit ; may adjourn from time to time ; may award costs on unfounded allegations. 24. Provision in case of death of any surety. 25. Speaker to report his decision to the House, and it shall be final. List to be made of cases reported unobjectionable. 26. Proceedings when the contested scat becomes vacant, or the sitting member declines defending it before the appointment of the Select Committee. Notice to be sent by Mr. Speaker. 27. Voters may within a certain period, petition for leave to THE MARGINAL NOTES. 139 defend the return or to oppose the petition against it. Who shall be admitted to defend. 28. Member declining to defend, not to sit or vote until peti- tion is decided upon. 29. Voters petitioning for leave to defend to give security ; form of recognizance ; how to be entered into ; money may be de- posited instead ; aflSdavit to be made by petitioner. How objections shall be disposed of. 30. Provision in case of double return, when the member peti- tioned against does not defend his return. 31. General Committee of Elections to be named by the Speaker ; how and when. 32. Nomination, how corrected, if the House disapprove of it. 33. Disapproval may be general or special. 34. Members not disapproved may be named again. 35. Duration of appointment. 36. Vacancies to suspend the proceedings of the Committee. 37. Committee may be dissolved in certain cases. 38. Vacancies in Committee, how filled up. 39. Speaker to fix time and place of first meeting. Members to be sworn. 40. Quorum of Commitee, four members ; must concur for cer- tain purposes. 41. Committee to regulate their own proceedings, subject to the Act. 42. Clerk of Committee ; his appointment and duties. 43. As to proceedings pending before Committee, when dis- solved or suspended. 44. In what cases and in what manner members may be ex- cused from serving on Election Committees; members having served during the Session. 45. Members disqualified. 46. Clerk to make list of members, noting thereon those ex- cused or disqualified. List to bo openly read over by the Clerk. 47. How the list may be corrected. 48. List of Chairmen for Election Committees to be made; its effect, &c. Duration of Chairmen's Panel. Proviso : as to mem- bers having served as Chairmen during the Session. 49. Remaining members to be divided into three panels ; order of panels to be decided by lot ; their purpose. 50. General Committee to correct the panels when necessary. ^K. uo CONDENSED VIEW OF I Corrected panels to be reported, printed and distributed with the votes. 51. Members obtaining leave of absence may be transferred from one panel to another. 52. As to members ceasing to be such, or discharged after serving. Vacancies in members' panels, how filled. 53. Petitions to be referred to General Committee, who shall choose Select Committees to try them, &c. Speaker to communi- cate the necessary information as to recognizances, (fee. List to be made of all Election Petitions reported unobjectionable. 54. Proceedings when notice of death, vacancy of scat, or intention not to defend is given. 55. When there are moro than one petition against the same return. 5G. Select Committees to be chosen in order of list, and to be reported. 57. Proceedings in case of prorogation before appointment of Select Committee. — Proviso: if the number of petitions be very great. 58. Notice to be given before the Select Committee is chosen in any case. 59. Proceedings when there is no party Avho defends the return. 00. Day appointed for choosing Committee may be changeil. Change to be reported. 61. Certain notices shall be printed with the votes. 02. Select Committee for trying petition, how chosen, number, &c. ; who disqualified. 03. Four members of General Connnittee must agree in the choice, otherwise the General Committee adjourn. The choice. 04. Chairman to be chosen from Chairmen's panel. Proviso: in case of notice of vacancy of seat, or non-intention to defend. Proviso: choice of Chairman to be unanimous, or by lot. 05. Subject to this Act, the members of the Chairmen's panel may make reguUitions. &c. 06. Parties to be called and informed of the names of Commit- tee and Chairman. 07. General Committee may then proceed to ne.xt petition, &c. 08. Parties may objci't to members, but for certain reasons only, and when. 09. New Committee men or a new Chairman to be chosen if any objection be sustained. THE MARGINAL NOTES. 141 tlu ind knit- &c. Ions 1 it 70. Members not objected to may be put on new Committee. 71. Notice to be sent to members of Select Committee, &c. Notice for votes. 72. Meeting of General Committee to hear objections. Mem- bers may object to themselves as disfiualified ; proceedings if the objection be maintained. 73. Appointment of Select Committee to be reported to the House and printed, kc. 74. Members of Committee to be sworn ; how and when. 75. Members not attending, &c., to be taken into custody ; cases excepted. 76. If members do not attend, swearing to be adjourned. 77. If members do not attend to be sworn on second day, com- mittee to be discharged and a new one chosen. 78. Petitions, &c., to be referred to Select Committee. Time and place of meeting. 79. Committee shall try the petition, and shall not adjourn for more than 24 hours without leave, dtc. Proviso. 80. Lists of votes objected to, to be delivered and filed. 81. Within what time such lists must be delivered, 82. Select Committee may make any other order as to deli- ver]: -f such lists. Such order to bo reported. ^■'i " ''"^ence restricted to votes on the lists. 6i *• .bers not to be absent without leave from the House, Committee not to sit during absence of any member without leave. 85. Members absent without leave, how punishable. 86. Committee not dissolved by death, &c., of one or two mem- bers. New Chairman in certain cases. Casting vote. 87. Committee reduced to fewer than tluce, to be dissolved, and another appointed. As to the proceedings of former Commit- tee, Proviso : one may be a Committee. 88. Committee may cause their room to be cleared. 81). Majority to decide. Casting vote. Every member must vote. 90. Yeas and Nays to be recorded, and reported. 91. Short-hand writer may be appointed on certain conditions. 92. Committee may send for persons, papers, &c. To examine witnesses on oath. As to witnesses refusing to attend. &c. Mis- behaving. 93. How witnesses shall be sworn. Affidavits received, &c. 142 CONDENSED VIEW OF iiii. i 94. What points the Committee shall decide. Decision to be final and entered on journals, &c. 95. Committee may report resolutions on other points for con- sideration of the House. 96. Committee not dissolved by prorogation, but shall proceed during the next Session. 97. Committee may order the appointment of a Commission to take evidence. 98. Notice of application for Commission. 99. Provisions as to the appointment of a Commission. Supe- rior Court or County Judges may be appointed. Manner of ap- pointment. Objections how heard and disposed of. Warrant to issue to Commisj^ioner. Penalty for neglect or refusal of Commis- sioner to obey warrant. Form of warrant. 100. New Commissioner may be appointed in certain cases. Form of warrant. 101. Power of a Commissioner the same as a Judge in cases of contempt. Appeal given. 102. County Judge appointed a Commissioner may appoint a proper person to act for him as Judge while he is executing the Commission. 103. Instrument of appointment to be in triplicate, and where each shall be deposited, &c. 104. Governor may annul appointment and appoint another person. 105. Powers of persons appointed to act instead of County Judges. As to Governor annulling appointment. As to Judge still executing duties of his office. 100. Power of Clerk to adjourn the Court in case of non- arrival of the person appointed to sit for the Judge. Adjournment to bo from day to day. 107. Allowance to person so acting for any Judge. How paid. 108. Commissioner may employ clerks and bailiffs, &c. They shall be sworn. 109. Certain persons not to bo clerks, bailiffs, &c. When ob- jections must be made. 110. Such appointments to be entered on minutes. 111. AV^hat documents shall be transmitted to the Commis- sioner ])y the Chairman of Committee. All to be conveyed through the Post Office. 112. Committee may be adjourned during the execution of the Commission. i THE MARGINAL NOTES. 143 ob- EllTllS- )Ugh If the 113. Commissioner to open his Court at the time assigned, &c. Proceedings. He shall be sworn. Peitalty for acting before taking oath. 114. Sittings of the Commissioner. As to adjournment of such sittings. 115. In case of sickness, accident, &c., report to l)e made to the Committee, and verified by affidavit. Penalty for omitimg to sit without lawful excuse. IIG. Proceedings to be hail by the Committee on such report. May appoint another Commissioner. In case of death of Com- missioner, Clerk to report proceedings, &c. 117. Commissioner to be excused in case of sickness, ^v. 118. Commissioner may adjourn to other places. 119. Power of Commissioner to send for persons, papers, &c. Other powers. Examination of Avitnesse^. Clerk to make copies of evidence, minutes, &c., and at a certain rate. Copy of minutes, signed and sealed, to be sent to the Speaker of the House. 120. No Barrister or Counsel allowed to plead, &c., before Commissioner. 121. Evidence tendered before Commissioner may be received by him conditionally if he doubt Avhether it ought to be taken. Committee to determine as to relevancy of such evidence. As to costs, if the evidence be rejected. 122. When the return of the Commissioner is receivot to appear aa a party against such Petition, nor ti>,sit in the House until Petition is decided on, .section 28. If, on a douhlc Return, a Mruihor petitioned against decline to defcjid hi.-* Return, and, wi.liin the time prescribed, no party shall liave been admitted to defend the Return, and no petition have been presenieil against the other Member, the Return may be amended by the House, section 80. Appointment of Select Committee when the Member peti- tioned against may die, vacate his seat, or decline todtfend the Return, section 59. DISQUALIFICATION OF MEMliERS: Members petitioning against a Return, e. whose seats are contested, disnualifietl from serving on Election Commit- tees, section 45. — Members iliscjualitied by kinu.od o- affi- nity, or by having voted at the election in (■uestion, . jction 62. Parties may ubject to Members cliosen on a Committee on th^^ ground of disqualification, section 69. — Or Members may object to themselves as dis(iualified, section 72. — N -a- "iem- bers to bo chosen in their stead, section 09. DOUBLE RETURN: Proceedings on the death of a Member returned upon a double Return, whose election is petitioned against, section 26. Proceedings in case of a double Return, when the Aiomber petitioned against does not defend his Return, section 30. EVIDENCE : Relative to objected votes, to be restricted to those on the Lists, section 88. May be taken conditionally by Commif. >> .er, and its rele- vancy decided upon by the Committet-, . cction 121. Committee not to take any further evidence, after Return of Commission, except upon matters specially reserved, sec- tion 122. See Witnes.se.s. GENERAL COMMITTEE OF ELECTIONS: To be notified by th- Speaker if a contested seat become il • r 152 SYNOPTICAL INDEX TO THE ACT. GENERAL COMMITTEE OF ELEQTIO'SS.— Continued. vacant, or sitting Member decline to defend the same, before appointment of Select Committee, section 26. Time and mode of up})ointment, by Speaker's Warrant, sub- ject to disapproval of the House within 3 days, section 81 If disaj)proved of, new Warrant to issue until 6 Membcr.s are appointed by a Warrant not disapproved of, section 32. Disapproval may be ;j;eneriil or special, section 33. — Mem- bers not disapproved may be named again, section 34. Duration of appointment of Committee, section 35. A vacancy in the Committee to suspend all their proceedings, section 3G. Committee may be dissolved, section 37. Vacancies to be filled, or Committee re-appointed in case of dissolution, in same mode as original appointment, section 38. Speaker to appoint time and place of first meeting. Members to be sworn, section 39. Four members of Committee to be a quorum. Appointment of a Select Committee must be agreed to by four members, section 40. Committee to regulate their own proceedings, section 41. A Clerk to be appointed to the Committee. Minutes of their proceedings to be kept, and to be laid before the House, section 42. Business pending before the Committee upon a dissolution or suspension thereof, may be adjourned by the Speaker to some other day, section 43. To select from corrected Alphabetical List of Members, from 4 to 8 to serve on the Chairmen's Panel, section 48. — And to divide the renminder nito 3 Panels, and report the same to the House, section 40. — To correct Panels when neces- sary, section oO. May transfer the name of a Member obtaining leave of absence, to another Panel, section 51. May fill vacancies in Chairmen's Panel, and appoint addi- tional Members, if necessary, section 52. All Election Petitions to bo referred to General Committee, and all proceedings relative to Recognizances be reported to them. They sliall make out a list of Petitions on which the llecog lizances arc unobjectionable, section 53. To suspend proceedings on any petition, upon notice of death, vacancy, or intention not to defend Return, section 64. I SYNOPTICAL INDEX TO THE ACT. lo3 of li- GENERAL COMMITTEE OF ELECTIONS.— 0>«^/n«v/. AVhon two or more petitions against tlic samo election are roforreil, proceedings therecni shall lie suspeiideil until the llccngniziince on each petition shall have been reported on. Petitions to he suhsctiuontly dealt with as one, sec- tion i>0. Proceedings of General Committee in appointment of Select Committees, sections />>) to 87. Src Ski.ect CoMMn tki:. Clerk of General Committee to send notice to each Memher appointed on a Select Committer, of time and place of first niL-eting, and to publish the same with the Votes, section 71. Committee may, in any ease for wJiich n* xpress provision is made, adopt such proceeding as shall he most consonaiit with the spirit of the Act, — reporting the same to the House, section 101. INCONSISTENT ENACTMENTS : All Acts, itc, inconsistent with the nrovisions of this Act repealed, section IHl. IRREGULARITIES OF PROCEEDING: All (juestions concerning the regularity of any jtroceeding, to l»e decided solely hy the Committee, section 15."). Omission to observe particular directions not to be fatal, if Committee decide that the subst.'ince of the ([uestion nt issue is not aftected thereby, section }•'>('*. — How such omis- sion shall be dealt with, section 158. If such omission affect th« merits of the case, the parly in default may not procec Committee report that it has not affected the merits of tlie question, section l.V.*. — Proceedings against Sp<'akor. Clerk, or Officer guilty of such omission, scctiou 100 JUSTICES OF THE PEACE: llecognizanee for costs may be entered into hefore the Speaker or a .Justice of the Peace, sections 11, 14, 29. — And atHdavits taken in relation to objections relating thereto, section 2o. Affidavits may be made before a Justice concerning mutters reriuired to be verified on oath to the House, section 93.— 21 l\ 154 SYNOPTICAL INDEX TO THE ACT. I ill ,4' I. JUSTICES OF THE TEACE.— Continued. Concerning any adjounnent of proceedinfrs under Commis- sion, from sickness of Commissioner, section 115. Who shall be deemed a Justice witliin the meaning of this Act, section 154. LEGISLATIVE COUNCILLORS -.—See Witnesses. MEMBERS: Excused from serving on Election Committees in certain cases, sections 44, 48. No Member who is a Petitioner complaining of an undue election, or whose seat is contested, can t^erve on an Llec- tion Committee, section 45. Clerk of the House to make and read over, on 15th dav of Session, a list of the Members, noting those disqualified or excused, section 40. — Such list may be corrected within three days thereafter, section 47. List to be referred to General Committee, who shall select a Chairmem's P:inel therefrom, section 48. — And divide the remainitig Members into 3 Panels, section 41'. iS'ee Panels. MEMBERS OF PARLIAMENT: Mode of proceeding upon summoning Members of either House to give evidence before Commissioner, section 130. OATHS : To Members of General and Select Committees, to be admi- nistered by the Clerk of the House, sections 31', 74. To witnesses before Select Connuittees, hy Clerk attending Committee, section !»2. — In certain cases, by the Clerk of the House, section 1*3. To be taken by Commissioner, sections 113, 115. (Schedule B., 3.)— By his Clerks and P.ailitts, section 108. (Sciiedule B., 4, 5.) Speaker may examine on oath, persons claiming costs, section 141. OBJECTIONS : To Recognizance, — iS\'<: llEcoaNiZANCES. To Members of Select Committees, on the ground of disqua- lification, sections U8, »iy, 72. OMISSIONS i—See Iruboularities. SYNOPTICAL INDEX TO THE ACT. 155 ulc ule tion PANELS : Corrected List of Members to be referred to General Com- mittee, wlio shall select from 4 to 8 to serve on the Chair- men's Panel (see infra), section 48. — And shall divide the remaining Members into 3 Panels, section 49. Panels to be reported to the House, and their order of priority to be decided -.^ the Table by lot, and returned to General Committee, as the Panels from which Members shall be chosen to serve as Election Committees, section 49. Panels to be corrected, from time to time, section 50. The name of a Member obtaining leave of absence, may be transferred to another Panel, st-ction 51. Each Panel to be used (in choosing Committees) for one week, by rotation, section 61. {Chairmen's Panel :) To be notified by the Speaker, if any contested seat become vacant, or Sitting Member decline to defend the same, before appointment of Select ('ommittee, section 20. Members to be selected by General Committee, from cor- rected Alphabetical List, to serve as Chairmen of Election Committees. Chairmen's Panel to serve during the Ses- sion, section 48. Vacancies in Ch; -rraen's Panel may be filled, and additional members appointed, if necessary, by General Committee, section 62. Chairmen of Select Committee to be chosen from Chairmen's Panel. Mode of proceeding. Choice to be unanimous, or by lot, section 04. Members of Chairmen's Panel may make regulations respect- ing selection of Chairmen, section 05. (jieneral Coniniittee may send back to Chairmen's Panel the name of a Member chosen as Chairman of a Select Com- mittee, if he be objected to as discjualified, and a new Chairman shall be chosen, section 09. Chairmen's Panel may, in unjjrovided cases, adopt such pro- ceedings as may be most consonant with the spirit of the Act, section 101. lun- PENALTIES : Recovery of penalties under this Act, section 152. PETITIONS: What shall be deemed an Election Petition, section 1. 156 SYNOPTICAL INDEX TO THE ACT. r Im ll i hi UK PETlTIOti^.—Cunfimied. By whom such Petitions must be feigned, section 1. To be presented (after a General Election), within the first fourteen days of the next Session, section 2. — The same with respect to Elections occurring at another time, if at tlie Return of the Writ, Parliament be not in Session, or if it be within 14 days of the Prorogation, section 3. — If Parliament be in Session at return of Writ (and 14 days thereafter), petitions to be presented within the next 14' days, section 4. May be presented during any part of a day on which they are so presentable, section 5. A Session of less than 15 days not deemed a Session for the purpose of the preceding sections, section (3. Time extondcil to 28 days upon petitions containing allega- tions of bribery or corruption, section 7. No Petition to be deemed an Election Petition unless pre- sented within the time limited, section 8. Petitioner may withdraw his petition, on giving notice to the Speaker, the Sitting Member, and any other opposing party. To be 'lable for the costs in such case, section {K Withdrawal of Petition against a Member returned on adoulde Return, who declines to defend his Return, section 30. All Election Petitions to be referred to General Committee, for the Selection of Select Committees to try the merits thereof, section 5o. List of Petitions on which Recognizances are unobjection- able, to be made out by General Committee. Those on which procee. No Petition to be received ludess enibnsed with a certificate of the Recognizance, or of the payment of money in lieu thereof, section 17. No application by sitting Member for a Commission to be entertained by an Flection Committee without proof of Recognizance, or of pnymem of money in lieu thereof, section 18. Proceedings of Election Committee upon such Recognizances being objected to, section 1!'. Names, dtc, of ■: areties to be ret'orded by the Clerk of the House. Record thereof, with Uecogniziinces, iScc., to be open to iji>poction, section 20. Nature of objection that may be made to Recognizances. To be delivered to the Speaker within ii certain time ; and to be fyled by \\\\\\ with the Clerk, section 21. — Access to be allowed thereunto. Notice of objection to be posted up, section 22. Speaker to appoint a time for hearing the objections, section 158 SYNOPTICAL INDEX TO THE ACT. ' -A it'' a* ' ;,.,'(. II V RECOGNIZANCES.— Co/i.'/^un?. 22. — Mode of conducting inquiry. His decision to he linal, section 23. Ir^peaker to report to the House his decision upon all Recog- nizances, section 25. Provision in case of the death of a surety, section 24. Clerk of the House to make out a list of all Kloctlon Petitions on ■which the Recognizances are unobjectionable, section 25. All Proceedings on Recognizances to be reported to General Committee, Section 53. Commissioner, and persons employed by him, to have remedy (for their remuneration) on the Recognizance, section 134. Recognizance to be estreated if costs be not paid within a given time, section 144. — May be transmitted to the proper Court through the Post Office (duly registered, kc), sec- tion 145. — Application of moneys deposited, in lieu of Recognizance, section 147. — Of the proceeds of estreated Recognizances, section 148. — Proceedings to be taken upon sending Recognizance to the other Section of the Pro- vince, section 14(5. — Money deposited in lieu of Recogni- zance, to be paid out on the order of the Speaker, section 147, 150. RETURNING OFFICERS: To be notified by the Speaker, if a contested seat become vacant, or Sitting Member decline to defend the same, before appointment of Select Committee, and a copy of such Notice to be affixed in some place near the place of nomination, see. 20. — Any voter may thereupon (within a limited time) petition to be allowed to defend the return, section 27. ^See Defence of Seat. In all cases where the conduct of the Returning Officer is complained of in an Election Petition, fourteen days notice must be givi'n him of the day appointed for choosing the Select Committee on such petition, or of any suspension of the proceedings thereon, section 58. Action iigaiubt Returning Officer for neglecting or delaying to make return of the person entitled to be returned at any election, section 151. — Limitation of action, section 153. ' SELECT COMMITTEE ON AN ELECTION PETITION: (Appointment of Committei' :) No Committee to be appointed ly General Committee without SYNOPTICAL INDEX TO THE ACT. 159 ut SELECT COMMITTEE ON AN ELECTION PETITION.— Continueil. the concurrence of four of the Members pre>:ent, section 40. — F;iilin<; whicli concurrence, they shall adjourn from (lay to (lay until a Committee is chosen, section ()'?. Members excused from serviiif^ on Election Committees in cer- tain cases, section 44. — Dis(iualified, sections 45, . Committee not to ailjourn for a longer lime than twenty-four hours without leave. Proviso in certain cases, section 79. Parties to deliver to Chairman, lists of the voters objected to, by (J w M., on the first day of meeting, sections 80, 81. — Committee may direct flelivery of lists in any other way, reportnig the same to the House, with tlieir reasons there- for, section 82, Evidence restricted to the votes on such lists, section !S3. Not to sit during the absence of aTiy Member who has not obtained leave from the House. To adjourn after waiting one hour for any member so absent, and report his absence to the House, section H4. Proceedings in the House against Members reported absent, section 85. Committee not dissolved 1»y death or necessary absence of one Member, or of two Mcnd)ers. If one such be the Chair- man, they may elect one of the remaining Members Chair- man, section 80. Committee dissolved when unavoidably reduced to less than three (unless all parties consent to its continuance), and a new Committee to lie appointed: All proceedings to be void, except any Order tliey may have made for a Commis- sion, section 87. May direct their room to be ( leared, section 88. Majority to decide (juestions, every Member voting. Chair- man to have a second or castitig vote, section 89. — Yeas and Nays to be recorded, section 90. SYNOPTICAL INDEX TO THE ACT. 161 SELECT COMiMITTEE ON AN ELECTION PETITION.— Continued. Short hand writer may (by rc(iuc8t of the parties) bo appointed ))y the Speaker. To l)e sworn, section !>1. Powers of Connnittee as to examination and swearin<^ of wit- nesses, (fee. Witness refusing to appear, iVc., to be rtported to the House, for its censure or arrest, section 1)2. Points to be determined bv the Committee. Their dt'(!ision to be final, and to be reported to the House, and entered on the Journals, section 'J4. Resolutions may be reported to the House for their opinion, but not such as tend ro the conduct of the trial, or the final determination of the Committee, section '.If). Not dissolved by a prorogation, but adjourned to the second day of the next Session, section 00. May (on the application of either party) order the appoint- ment of a Commission, section it7. Kor Proceedings in relation to appointments. Si'e (Jommission. Chairman to furnish Commissioner with copies of the Petition, Lists of objected votes, and other papers, section 111. To report to the House when a Commission is issued, and obtain leave to ailjourn during the execution thereof, section 112. Any adjournment by Commissioner beyond twenty-four hours to be reported to Committee, with the cause thc'eoi', veri- fied on oath, section IIT). — Committee to hear the parties. New Commissioner may be appointed if necessary, section 110. To decide as to the relevancy of any evidence received condi- tionally by the Commi>sioner. May award costs to oppos- ing party if evidence be pronounced frivolous, section 121. To be re-assembled by Speaker's warrant, »n return of Com- mission, ami to decide on the merits of the petition. Not to take any further evidence upon matters examined by Commissioner, except on such as may be specially reserved. May hear Counsel as to effect of evidence, section 122. — Notice of re-assembling to be published by Speaker, section 124. May direct further proceedings to be had before Commis- sioner, section 120. May send for books and records produced before Commis- sioner, section 127. Decisions of Committee relative to costs, sectioji 135, &c. See Costs. «>9 102 SYNOPTK^AL IXDKX TO THE ACT. 1-: it ■ i ..I SELECT COMMITTEE ON AN ELECTION PETITION.— Continneif. Questions as to the regularity of any proceedings to be decl- tled st/lely by the Committee, section l/JS. Omis.sion to observe certain directions not to be fatal, if Com- mittee decide tliat the su])stance of tlie (juestion at issue is not aflVcteil, and report such decision to the House, section 15G. — How such omission shall be dealt with, section 158. If such omission afl'ect the merits of the case, the Committee shall report the same to the House, and the party in default may not proceed fur'.her with his case. Exceptions, section If)?. Provision in case such omission be the fault of the Committee, or their Chairman or Clerk, section 169. — Proceedings against them therefor, section liiO. SHORT-HANI) WRITER : May be appointed to attend a Committee, at rei(ueHt of par- ties. To be sworn, section 01. SITTING MEMBER: To be notified in writing of the withdrawal of any petition against him, section 9. To furnish security for costs, before applying for the issuing of a Co nmission, section 11. His application not to be entertained without due proof thereof, section IH. tSce Recognizances. Proceedings of Election Committee, oh such security being objected to, section 19. Proceedings to be taken when the contested seat becomes vacant (by death, &c.), or where sitting Member declines to defend it, before appointment of Committee, section 26. — See Defence of 8e.\t. Not to be allowed to defend against the Petition, after decli- ning to defend the Seat, nor to sit in the House until the Petition is decided, section 28. SPEAKER: To be notified in writing of the withdrawal of an Election Petition, section 9. Recognizances may be entered into, or affidavit sworn, before the Speaker or a Justice of the Peace. If the latter, Re- cognizance, itc, to be delivered to the Speaker, section 14. To fyle such Recognizances and Affidavits in the office of the Clerk of the House, section 14. »l SYNOPTICAL INDEX TO THE ACT. 163 SVE\KEH.~C*n(itniVil On money hc'\r\ff paid into tlie hantls of the Clerk in lieu of a Roeo;^nizance, a certificate thereof to be delivered to the Speaker, wlwt shall fyle a citpy of the same in the (Jlerk's Office. Sncli money to ho paiil out, from time to time, on the Speaker's warrant, section 15. No Election Petition to he received unless it is endorsed with a certificate hy the Speaker, of the Recognizance, or of money havin;^ been paid in lieu thereof, section 17. To receive objections to Kecoirnizjinccs, if made within a limited time, and to record the sann» in the Office of the Clerk, section 21. To appoint a day for hearin;^ the (dyeetions, section 2'J. — Mode of condiictinj^ inquiry. Costs may lie awarded. Decision to bo final, .section 'J^J. To report to the House his decision upon every Recognizance, section 25. If a contested seat become vacant, or Sittinj; Mend)er decline to defend the same, before appt»intment of Select Commit- tee, Speaker to send notice thereof to the (leneral C(»m- mittec of Elections, to the Chairmen's Panel, and to the Returning Officer, and to publish the same twice in the Official Gazette, section 2t>. To appoint the Members (0) of the Oeiieral Committee of Elections (at a specified time), by warrant, subject to dis- approval by the House within three days, section -51. — Disapproval may be general or special, section 33. If disapproved of, new warrant to issue, until si.x Members are appointetl who are not disapproved of, section 32. Members not disapproved may be named again, section 31. To report to the House any vacancy occurring in the Com- mittee, section 3G. To supply such vacancy, or re-appoint Committee after disso- lution, by Warrant as in the first instance, section 38. To fix time and place of first meeting of General Committee, section 39. To adjourn to another day, any business before the Committee on its dissolution or suspension, section 43. To communicate to the House, and to the General Counnittee, all proceedings r Official (Jnzette, and in the Votes, section 1"J4. Provision if the Return is received during a long adj •'> r,-- ment of the House, section 123. To tax costs, section 140. — May examine on oath persons claiming costs, section 141. To estre;it Recognizjince if not ))aid within a certain period, and to transmit the same to tlie proper Court, section 144. — Prceauti<»n9 to be taken on sending the same through the Post Office, section 14.'). — I'roeeedings to be h;id on sending it to the other Section of tlie Province, section 140. Money deposited with the Clerk in lieu of Itecognizaiice, to be subject to the Order of the Speaker, sections 147, 150. Provision in case of omission by the Speaker, &c., to fulfil the directions of this Act, section 151*. — Proceedings against him therefor, section 1o«^V,u.7. •ic- of ,1,,. Pcco, ,0.,';;^ Oi "'' "' •->""">'""■. <"■ a Ju»- ■wctroii IJ8._'|'li,iv iiiiv 1„. ,. ■.. 1 ' '"^''"''' '""1. ei.iu.,.'',i„„i of iSi!.;;';;^:!:.;;:;,;";^:""^ *•■•-'■"■' »' ALPHABETICAL INDEX TO THE t A. I'PP^ISTDIX UESl•ECTI^(l ai0tttv0vci1cd ?(?iu1iamettto i^ktWt^m^ Afl&davit (dt-unicicncy of sureties '' of defeiuliiit; petitioner as to suffic'cncy ol'liis .sureties '* of excuse for aliseuce from a Selcet ('oininittce, " of Sitting Member as to sufUcieiuy of liis sureties Adjournment of swearing Seleet C'oniniittees, motions for. " of Select Oonimittee, motion for leave of. " of House from <> to 7] o'clock, I'.M., njotion lor " of *• for ten minutes, motion for. " of Select Committee by House, motion for . Alphabotical List of Members of the IIou.se. " " as corrected and referred to (lenoral Commit tee of Klcctions, by motion. ..... Appoiutmeut for first meeting of (iencralCumniittee of Kleetious " for hearing objections to Rceogni/aiici'. Additional members to (Jhairmeu's J'anel, report of. Absence at swearing of Select Commitee, motions as to. " on second day of swearing, motions as to. " fri>m Select Committee, report of. Amended Panels, copy of. ..... . Appendix to final report of divisions in Committee. Attorney, power of. ..... . Agent, iippcaraneo of. ..... . Application for i.ssue of a Com. .lission, notice of intended. lieliof iu suflSciency of sureties, defending i)etitioner's affidavit ol '* " " sitting member'- affidavit of. HailiiT, oath of (Commissioners. Certificate as to receipt of Itecognizance. " as to money deposited in lieu of Uecognizanec. " for recovery of costs, ..... 40 62 ()4 51 hi 50 i:{ 17 IG 27 21 50 52 61 55 78 83 84 65 10 04 69 3 5 82 \ ALPIIABETICAL LVDKX. " " ^V"'" ^^'""""tcos report of. u X „,„a, on of witnesses. . «) granted, ;,;'r!;:-:";7; - appointed: r.s oatli. "PPv ''Ji' a. t onun,s,s,oncr'.s oatli. ■• _-"oner, oatli of. ,, t;ixt'd, report of. ^ ' 'V"akor-scertilieate"f;.r recovery of" " ' ' P.^'iH' of a „,en.l.er nu,;v "'/"o "' f" '''•' •^"'•^^fie.v „ " .; "' ' > l"'l"i m;,.\;„, ,,,i„,„ . , ■ ■ K-u- r„r „i, ,.","r,.T2'V'« ;:!•••"' w-.,.,, ■ , " :"■ ^'onnula, /or dranin,. petitions <^' «o".se for not wisl.inu to serve on I.-I r tees. 1G7 4 17 51 ly 21 23 2 Filial report from a Select Committee. ..... 70 (JeNKRAL i./'o.MMITTKE OF ELECTIONS: Motion for ili.schari.'iiig reference ol petition to. . 10, 81 Speaker'.s warrant naming. . . . . . 11 disapproval of warrant naming. ..... 12 Oath taken by 15 ApjKiintniLnt for first meetinj; ol'. ..... 10 Motion for rei'errinj^ corrected Alphabetical list to. . . 17 Motion for refcrrin;.' all KUction ]tetiti()n.s to. ... 18 Report cif a vacancy in. ....... 24 Warrant supplying; a vacancy in. ..... 25 Notice (for \'otes) of time and i)lace for a mcetinjr of. \'-i Notice (lor Votes) as to selecting; a new Committee by. 53 Ilearinj; objections to Ivccounizancc, Speaker's appointment for. 27 Increase Chairmen's Panel over 11 members, motion for power to. 22 « of " " " " report of. . 2.'> Issue of a Commi.-ision, notice to be L'ivcn of intention to a])plv for ".05 Issue of Spcuker's warrant for rea.ssemblim! Committee, notice of 74, 75 List of .Members of the House, alphabetical. .... 1-5 " of votes intctulcd to b(! objected to. ..... 81 48 49 f)0 51 i Motion to be made when there in an abscDtec on 2nd day of swearing. ......... Motion for leave to Select Committee to adjourn for a certain time. ......... Motion for adjournment of TTouse from 6 to7i o'clock, r.M " for adjourment of House for ten minutes, " for adjournment of Select Committee by House. Members' Panels, report of. ..... . Mcmber'.s death, notice to Mr. Speaker of a. . Members selected to serve on a Committee, notice sent to. Memorandum of swearing (for Votes). .... Notice of withdrawal of an Election Petition (by Petitioners) " " " (by Agent), objection.s to Recognizance received by Mr. Speaker and of appointments for hearing them. Notice (for Votes) oftimc and place for selecting committees. " " of time changed for selecting committees. " " of time and place for meeting of General Committee of Elections *' " of meeting of General Committee of Elections to select a new Committee. " when a contested seat becomes vacant, or sitting member declines to defend, before the appointment of a Select Com mittcc. ......... •' to Mr. Speaker of a member's death. " sent to members selected to ;^e^vc on Election Committees *' of the issue of Mr. Speaker's warrant for the rc-assembling of Select Coniinittce. ** from a member having .served on an Election Committee and claiming exemption from further service during Session " to be given by party intending to apply to the Select Com mittee for the issue of a Commission. Names of Select Committee, report of. Oath taken by General Committee of Elcotions. " taken by Select Election Committee. »• of Clerk to CommLssioner. *' of BailiflF to Commissioner. " taken by Commissioner. .... Objectionp to Recognizance, copy of. " " appointment for hearing " " report on validity of. Order for taxing of costs Petitioner, Recognizance on the part of. " permitted to defend, recognizance on the part of " permitted to defend, affidavit as to sureties of Petition formula. Speaker's report ts to withdrawal of. withdrawal of (by Petitioner!). 28 (by Agent). 56 57 5P 59 20 41 42 46 8 9 28 34 37 43 53 38 41 42 74,75 79 65 44 15 47 68 69 70 26 27 30 80 1 39 40 6 7 8 170 ALPHABETICAL INDEX. Petition, motion discharging reference of. . . . " motion referring all to (Jeneral Committee of Elections " whose Recognizance has been reported objectionable motion for discharging rufcrenci.' of. " when referred to Select Committee, motion for Power to increase Chairmen's Panel, motion for. Panel of Attorney to Agent. in weekly service. <« « (1 Recognizance on the paH of the Petitioner. " permitted to defend Sitting Member. Speaker's certificate as to receipt of. " " ** money deposited in lieu of Copy of objections to. appointment for hearing objections to. notice of objections to, and hearing of Receipt for money deposited in lieu of Rocognizaiice,Chief Clerk's " of Recognizance, Speaker's certificate as to. Report as to withdrawal of an Election Petition. of Chairmen's I*anel. ...... of Members' Panels. ...... of additional members to Chairmen's Panel, of increase of Chairmen's Panel over eleven members of a vacancy in Ceneral Committee of Elections on validity of Recognizances. ... of time appointed for selecting committees, of time changed for selecting committees, of the names of Select Committee chosen, of corrected panels. ..... when a member is absent from a Select Election Com mittee. ......... " when a Commission has been granted. final, by Select Committee. .... of costs taxed. ...... Re-assembling of Select Committee, notice of warrant for " " , warrant for. Recovery of costs, Speaker's certificate for. Speaker's certificate as to recipt of Recognizance. " " as to money deposited in lieu of Rccogai zance. ......... Speakers report as to withdrawal of an Election Petition. " warrant i;aining (icncral (luniniittee of Elections. " appointment for first meeting of General Committee of Elections. ........ Speakcr'-H report of a vacancy in the General Committee of Elec tioiis. ...... . . Speaker's warrant supplying a vacancy in the (jieneral Commit tee of Elections. ....... Speaker's appointment for hearing objectionfi to Recognizance " summons to procure evidence as to Reeognizuuce, « « It (( u « « 10,31 18 HI 48 21i 83 35 1 39 68 3 5 20 27 28 4 3 7 19 20 21 23 24 30 33 30 44 54 01 71 76 81 74,75 72, 73 82 3 6 7 11 10 24 25 27 29 J 1. 1. ALPHABETICAL INDEX. 271 4H 2'^ 83 35 1 39 68 3 5 20 27 28 4 3 7 19 20 21 23 24 30 33 30 44 54 01 71 76 SI 6 7 1 Spoaker'i report on validity of Recognizances. " notice wlieu a contested scat becomes vacant, &c.' *♦ Warrant for re-as.sembling Select Committee. " order for taxinj; co.sts. ..... " certificate tor recovery of costs. Sureties, affidavit of sufficiency of. ... " affidavit of defending; petitioner in belief of sufficiency of " affiilavit of Sittinfj; Member in belief ol' sufficiency of Selcctiu}; Couunittccs, report of time determined on for. " " notice (for Votes) of time and place for " ** report of time changed for. " " notice (for Votes) of time cliangcd. Service, panel in weekly. ...... " notice from a member elaimin;.' exemption from. Select Committee eho.sen, report of names of. oath taken by. ..... motion for referring petition to. motion for first meeting of. motions when a member i.s absent from swear motions as to adjournment of swearing of. motions when absent on second day. mo' ions relative to adjournment of oO, 57 report when a member is absent from. Afiidnvit of e.'tcuse for absence from. report ;vhcn a commission is granted by. final rej,! it by. ..... notice ( i;iiniini.' exemption from service on foruis oi" iVf^use for not wishing to serve on Swearing, extracts rv.lai.ivo 'v. ..... " memorandum ( for . ofes) of .... Sitting jMember, Uecognizanc on the part of . (t *» « u «