A BILL ΤΟ 5 Amend the Law for the Trial of Election Petitions, and for inquiring into the Existence of corrupt Practices at Elections of Members to serve in Parliament. [Note.-The Words printed in Italics are proposed to be inserted in Committee.] W HEREAS it is expedient to amend the Law for the Trial Preamble. of Election Petitions, and for making Inquiry into the Existence of corrupt Pratices at Elections of Members to serve in Parliament: Be it enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, as follows: 4 & 5 Vict. c. 102. I. An Act made in the Fifth Year of the Reign of Her present Acts reMajesty, intituled "An Act for the Prevention of Bribery at Elec- pealed. tions," and an Act made in the Sixth Year of the said Reign, inti- c. 57. 10 tuled "An Act for the better Discovery and Prevention of Bribery 5 & 6 Vict. "and Treating at the Election of Members of Parliament," and an Act made in the Twelfth Year of the said Reign, intituled "An Act 11 & 12 Vict. "to amend the Law for the Trial of Election Petitions," and an Act made in the Sixteenth Year of the said Reign, intituled "An Act to 15 & 16 Vict. 15" provide for more effectual Inquiry into the Existence of corrupt c. 98. c. 57. What shall Examiner of Speaker to appoint Ex aminer of Election Petitions. In case of Illness, &c. of Examiner of Election Petitions, Speaker to appoint a fit Person to perform the Duties. Affidavit to "Practices at Elections for Members to serve in Parliament," shall be repealed. II. Every Petition presented to the House of Commons within the Time from Time to Time limited by the House for receiving Election Petitions, and complaining of an undue Election or Return of a Mem- 5 ber to serve in Parliament, or complaining that no Return has been made according to the Requisition of any Writ issued for the Election of a Member to serve in Parliament, or complaining of the special Matter contained in any such Return, or complaining that general and extensive Bribery, Treating, or undue Influence has prevailed at the then 10 last or any previous Election of a Member to serve in Parliament, and which Petition shall be subscribed by some Person who voted or had a Right to vote at the Election to which the same relates, or by some Person claiming to have had a Right to be returned or elected thereat, or alleging himself to have been a Candidate at the Election, shall be 15 deemed an Election Petition. III. The Speaker of the House of Commons shall from Time to Time appoint a fit Person to be Examiner of Election Petitions; and every Person so appointed shall hold his Office during the Pleasure of the Speaker, and shall execute the Duties of his Office conformably to 20 such Directions as he may from Time to Time receive from the Speaker. IV. In case of the Illness, temporary Disability, or unavoidable Absence of the said Examiner, the Speaker may appoint a fit Person to perform the Duties of Examiner of Election Petitions during such 25 Illness, Disability, or Absence; and the Expression "Examiner" in this Act shall be deemed to apply to and include the Examiner of Election Petitions, and the Person so appointed and for the Time being performing the Duties of such Examiner. V. Before any Election Petition shall be presented to the House the 30 be made be- Persons subscribing the same, and also the Agent, if any, appointed fore presenting Petition. by them, being a Parliamentary Agent, for conducting such Petition, shall make Affidavit in Writing to the Satisfaction of the Examiner of Election Petitions, according to the Form given in the Schedule (B.) to this Act, or to the like Effect, that the Allegations contained 35 in such Petition are well founded in Fact, and capable of being proved by Evidence, and that such Petition is made bonâ fide, and not with a view to any Compromise, Withdrawal, or other collusive Proceeding. Recognizances, Before Petition pre VI. Before any Election Petition shall be presented to the House a Recognizance shall be entered into by One, Two, Three, or Four 40 Persons, Persons, as Sureties for the Persons subscribing such Petition, for the sented Recognizances Sum of One thousand Pounds, in One Sum, or in several Sums of not to be entered less than Two hundred and fifty Pounds each, for the Payment of all into. Costs which under the Provisions herein-after contained shall become 5 payable by the Person subscribing the Petition to any Witness summoned in his Behalf, or to the sitting Member or other the Party complained of in such Petition, or to any Person who may be certified by the Speaker to be entitled to such Costs. VII. Every Person who enters into any such Recognizance shall Persons 10 testify upon Oath in Writing to be sworn at the Time of entering into entering into Recognithe said Recognizance, and before the same Person by whom his zances to Recognizance is taken, that he is seised or possessed of Real or Per- make Affisonal Estate (or both), above what will satisfy his Debts, of the clear Sufficiency. Value of the Sum for which he is bound by his said Recognizance; 15 and every such Affidavit shall be annexed to the Recognizance. davits of as set forth VIII. In every such Recognizance shall be mentioned the Names Form of Reand usual Places of Residence or Business of the Persons becoming cognizance, Sureties as aforesaid, with such other Description of the Sureties as in Schedule. may be sufficient to identify them easily; and such Recognizance may 20 be in the Form or to the Effect set forth in the Schedule (A.) to this Act, with such Alteration as may be necessary to adapt such Form to the Circumstances of each Case. IX. Any Person by whom any Election Petition is signed may, Persons signing Election instead of procuring a Recognizance for the full Amount of the Sum Petition 25 herein-before required, pay into the Bank of England, to the Account may pay of the Speaker and the Examiner of Election Petitions, as Trustees for Money into the Bank, the like Purposes for which the Recognizance is herein-before required, instead of any Amount of Money which he thinks fit, not being less than Two finding Security. hundred and fifty Pounds; and in such Case the Person by whom the 30 Petition is signed shall be required to find Sureties for so much only of the Sum of One thousand Pounds as the Sum paid into the Bank falls short of that Sum; and no Money shall be deemed for the Purposes of this Act to be paid into the Bank of England until a Bank Receipt or Certificate of the same is procured and delivered to 35 the Examiner of Election Petitions. No Petition to be re ceived unless endorsed by X. No Election Petition shall be received unless at the Time it is presented to the House it be endorsed by the said Examiner with a Certificate under his Hand that the same has been verified by the Affidavits of the Petitioners and their Agents, if any, as herein-before the Exa40 required, and also that the Recognizance herein-before required has cognizances. been entered into and received by him, with the Affidavit thereunto miner of Re Recognizances. annexed, or, if the Recognizance have not been taken for the whole Amount, that a Bank Receipt or Certificate for so much Money as the Recognizance falls short of One thousand Pounds has been delivered to him, as herein-before required. How Recog nizances are into, and 'Affidavits sworn. XI. Any Affidavit by this Act required or authorized to be made 5 to be entered may be sworn, and any Recognizance herein-before required may be entered into, before the Examiner of Election Petitions, or a Justice of the Peace, or any London Commissioner to administer Oaths in Chancery; and the said Examiner, and also every such Justice or Commissioner, is hereby empowered to take the same; and every such 10 Recognizance and Affidavit taken before such Justice or Commissioner, being duly certified under the Hand of such Justice or Commissioner, shall be delivered to the Examiner of Election Petitions. Names of Sureties, &c. to be kept in Office of the Examiner, and to be open to Inspection. Recognizance may be objected to for Invalidity, or for Insufficiency of Sureties. Notice of XII. On or before the Day when any such Petition is presented to the House the Names and Descriptions of the Sureties, when there are 15 Sureties, as set forth in the Recognizance, shall be entered in a Book to be kept by the said Examiner in his Office; and the said Book, and also the Recognizance and Affidavits, and the Bank Receipt for any Money paid into the Bank of England, shall be open to the Inspection of all Parties concerned. 20 XIII. Any sitting Member petitioned against, or any Electors admitted Parties to defend the Election or Return, may object to any such Recognizance on the Ground that the same is invalid, or that the same was not duly entered into or received by the Examiner with the Affidavit thereunto annexed as herein-before required, or on the 25 Ground that the Sureties or any of them are insufficient, or that a Surety is dead, or that he cannot be found or ascertained from the Want of a sufficient Description in the Recognizance; provided that the Ground of Objection shall be stated in Writing under the Hand of the objecting Party or his Agent, and shall be delivered to the 30 Examiner not later than Twelve of the Clock at Noon of the Eighth Day after the Presentation of the Petition, if the Surety objected to reside in England, or not later than Twelve of the Clock at Noon of the Eleventh Day after the Presentation of the Petition if the Surety objected to reside in Scotland or Ireland. 35 XIV. As soon as any such notice of Objection is received by the Objections to Examiner he shall put up an Acknowledgment thereof in some conbe published in the Office spicuous Part of his Office, and shall appoint a Day for hearing such Objections, not later than Three nor more than Seven Days after the Copies may Day on which he received such Notice; and the Petitioner and 40 of the Exa miner, and be taken. his 1 his Agent shall be allowed to examine and take Copies of every such Recognizances. Objection. decide on the XV. At the Time appointed the Examiner shall inquire into the Examiner to alleged Objections, on the Grounds stated in the Notice of Objection, Objections. 5 but not on any other Ground; and for the Purpose of such Inquiry the Examiner 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 dispute before him, and the Examiner may, if he think fit, adjourn the said Inquiry from Time 10 to Time until he decide on the Validity of such Objection, and he may, if he think fit, award Costs to be paid by either Party to the other, which Costs shall be taxed and recovered as herein-after provided for the Costs of prosecuting or opposing Election Petitions; and the Decision of the Examiner shall be final and conclusive against all 15 Parties. zance held invalid for Matter of Form, a new One may be given, or the Money paid into the XVI. If the Examiner shall decide that any Recognizance is ob- If Recognijectionable on any ground other than that the Sureties or any of them are insufficient, it shall be lawful for the Petitioner, within Three Days after such Decision has been given, either to cause to be entered into a 20 new and amended Recognizance, on such Terms and Conditions as to Costs and otherwise as the Examiner shall think just, or to pay into the Bank of England, to the Account of the Speaker and the Examiner Bank. as aforesaid the Sum for securing which the Recognizance so held to be objectionable was made, and in that Case, upon the Delivery of 25 a Bank Receipt for such Sum to the Examiner within the Time aforesaid, the Invalidity of the Recognizance shall be deemed to be cured, and the Examiner shall make his Report to the Speaker accordingly. XVII. The sitting Member, or Parties defending the Election or If amended Return, shall have the same Power of objecting to the new or zance held te Recogni30 amended Recognizance as to the original Recognizance but if the be invalid, Examiner shall decide that such new or amended Recognizance is Money mus objectionable, it shall not be competent to the Petitioners again to cure the Bank. the Invalidity thereof otherwise than by paying the Money into the Bank of England in manner aforesaid. 35 be paid inte XVIII. If the Examiner shall have decided that any Recognizance Examiner is objectionable, then, unless a new or amended and valid Recognizance whether or to report shall not be entered into, or the Money paid into the Bank in lieu not Recognithereof as aforesaid within the Time prescribed for that Purpose, then zances are objectionthe Examiner shall forthwith report to the Speaker that such Recog- able; 40 nizance is objectionable; but if he shall have decided that such Recognizance is unobjectionable, or if he have not received any Statement of |