Costs.

Party with drawing a Petition to

CXXI. Whenever any Petition shall be withdrawn by Leave, the Party who shall have subscribed such Petition shall be liable to pay the Costs incurred by the sitting Member or other Party admitted to pay all Costs, oppose or preparing to oppose the Prayer thereof, unless the Comunless Committee to which the same may have been referred (if any) shall 5 wise direct. otherwise direct.

mittee other

Member

declared not duly elected to pay Peti

tioner's

Costs, unless Committee otherwise direct.

When Petition is not

CXXII. Whenever any Election Committee shall, upon trying an Election Petition complaining of the undue Return of a Member, report that the Member whose Return is thereby complained of is not duly elected, and that such Member is by himself or his Agents 10 guilty of Bribery, Treating, or undue Influence, or of making illegal Payments, the Member so declared not duly elected, or other Party admitted to oppose the Prayer of such Petition, shall be liable to pay the Costs incurred by the Party who shall have subscribed such Petition, and also the Costs incurred by any Agent who may have 15 been nominated by the Speaker to prosecute such Petition, unless such Committee shall otherwise direct.

CXXIII. Whenever no Party shall appear before an Election Committee to oppose an Election Petition, complaining of the undue Return of a Member or Members to serve in Parliament, and such 20 Committee shall report that such Member or Members was not or were not duly elected, the Member or Members so declared not duly elected (such Member or Members not having given Notice as aforeCosts, unless said of their Intention not to defend the same) shall be liable to pay

opposed, and Member declared not duly elected, Members to pay Petitioner's

Committee

otherwise direct.

Petitioner to pay Costs of Agent appointed by Speaker, &c.

Petitioner duly prosecuting his

the Costs incurred by the Party who shall have subscribed such 25 Petition, and also the Costs incurred by any Agent who may be nominated by the Speaker to prosecute such Petition, unless such Committee shall otherwise direct.

CXXIV. Whenever an Agent shall be nominated by the Speaker, in manner herein-before mentioned, to investigate the Matters alleged 30 by any Petition, and (if advisable) to prosecute the same, the Party who shall have subscribed such Petition shall be liable to pay the Costs incurred by such Agent in such Investigation and Prosecution, unless some other Party shall, under the Provisions herein contained, have become liable to pay the same, and unless the Election Com- 35 mittee (if any) to which such Petition shall be referred shall otherwise direct, and shall also, in case such Agent shall not prosecute such Petition or shall withdraw the same, be liable to pay the Costs incurred by any Party opposing such Petition.

CXXV. Any Person having subscribed an Election Petition which 40 shall have been marked "allowed" by the Preliminary Committee, and

who

5

Costs.

his Costs

who shall duly prosecute the same before an Election Committee, shall be entitled to receive from the Commissioners of Her Majesty's Petition Treasury the whole Costs incurred by him therein, unless such Com- shall receive mittee shall report to the Effect that the Allegations of such Petition from the 5 generally were made without reasonable or probable Grounds, in Treasury. which Case such Petitioner shall not be entitled to recover any Part of such Costs, or unless such Committee shall report to the Effect that some only of such Allegations were made without reasonable or probable Grounds, in which Case such Petitioner shall not be 10 entitled to receive such Part of the said Costs as shall have been incurred or occasioned by reason of such groundless Allegations.

Costs to be

CXXVI. Every Election Committee may make such Order as they Committee shall think fit for Payment by Parties opposing any Petition referred may order to them, or by any of them, or by the sitting Members (if any) whose paid by such 15 Election or Return is complained of in such Petition, (such sitting think fit. Party as they Members not having given Notice as aforesaid of their Intention not to defend the same,) to the Person who shall have subscribed such Petition, or to the Agent (if any) nominated by the Speaker to prosecute such Petition, of the Costs incurred by such Petitioner or 20 Agent, or any Part thereof, or for Payment by the Person who shall have subscribed any such Petition to the Parties opposing such Petition, or any of them, of the Costs incurred by such opposing Parties, or any of them, or any Part of such Costs, and may distribute all such Costs among the various Parties before them, or who might have ap25 peared before them, as they shall think just: Provided always, that no Person who shall have subscribed an Election Petition, which shall have been marked "allowed" by the Preliminary Committee, and who shall duly have prosecuted the same before an Election Committee, dered to pay shall be ordered to pay the Costs incurred by any Party opposing Costs, unless 30 such Petition, unless such Committee shall be of opinion that the Allegations material Allegations of such Petition were made without reasonable or are groundprobable Grounds.

Proviso that

Petitioner duly prosecuting shall

not be or

of Petition

less.

frivolous

CXXVII. Provided nevertheless, that if any Ground of Objection Costs upon be stated by any Party whomsoever against any Voter in any List of Objections 35 Voters intended to be objected to as herein-before provided, and to Voters. if the Election Committee be of opinion that such Objection was made without reasonable or probable Grounds, the Committce may make such Order as they think fit for the Payment by the Party on whose Behalf any such Objection was made to the opposing Party of 40 the full Costs incurred by reason of such Objection.

CXXVIII. The Costs ordered by any Election Committee to Costs, how be paid, or which otherwise may become payable under the Provi

to be ascertained.

Costs.

Persons appointed to tax Costs

empowered

to examine on Oath.

For Taxa

tion of Costs between Agent and his Client.

sions of this Act or the said recited Act of the Twelfth Year of Her
Majesty's Reign, to any Party or Agent prosecuting or opposing or
preparing to oppose any Election Petition, or to any Witness sum-
moned to attend before any Committee under the Provisions of this
or the said recited Act, shall be ascertained in manner following; 5
(that is to say,) on Application made to the Speaker of the House of
Commons by any such Petitioner, Party, Agent, or Witness, for ascer-
taining such Costs, not later than Three Calendar Months after the
Determination of the Merits of such Petition, or after any Order of the
House for discharging the Order of Reference of such Petition to the 10
General Committee of Elections, or to an Election Committee, or after
the Withdrawal of any Petition as herein-before provided, the Speaker
shall direct the same to be taxed by the Examiner of Election Petitions,
or by the Taxing Officer of the House of Commons; and the said
Examiner or Taxing Officer shall examine and tax such Costs, and 15
shall report the Amount thereof, together with the Name of the Party
liable to pay the same and the Name of the Party entitled to receive
the same, to the Speaker, who shall, upon Application made to him,
deliver to the Party applying a Certificate, signed by himself, express-
ing the Amount of the Costs allowed in such Report, with the Name of 20
the Party liable to pay the same, and the Name of the Party entitled
to receive the same; and such Certificate so signed by the Speaker
shall be conclusive Evidence for all Purposes whatever, as well of the
Amount of the Demand as of the Title of the Party therein named
to recover the same from the Party therein stated to be liable to the 25
Payment thereof; and the Party claiming under the same shall upon
Payment thereof give a Receipt at the Foot of such Certificate, which
shall be a sufficient Discharge for the same; and where the Commis-
sioners of Her Majesty's Treasury are in such Certificate named as
the Persons liable to pay the Amount of such Costs, the said Commis- 30
sioners shall, on such Certificate being presented to them, make an ⠀⠀
Order for the Payment, to the Person in such Certificate named as
entitled to receive the same, of the Amount of such Costs, which
said Payment shall be made out of any Money which may be provided
by Parliament for that Purpose.

CXXIX. The Examiner of Election Petitions or the said Taxing Officer may examine upon Oath the Parties, and any Witnesses tendered to him for Examination, and may receive Affidavits relative to such Costs.

35

CXXX. If any Person upon whom any Demand shall be made by 40 any Parliamentary Agent, Attorney, or Solicitor, or by the Executor, Administrator, or Assignee of such Parliamentary Agent, Attorney, or Solicitor, or other Person, for any Costs in respect of prosecuting,

or

or opposing, or preparing to oppose any Election Petition; or if any Parliamentary Agent, Attorney, or Solicitor, or other Person who shall be aggrieved by the Nonpayment of any Costs incurred or charged by him in respect of any such Proceedings, shall make Applica5 tion to the Taxing Officer of the House of Commons at his Office for the Taxation of such Costs, the said Taxing Officer shall in due Course proceed to tax and settle the same, and for the Purpose of such Taxation shall have the same Powers and observe the same Regulations and be subject to the same Restrictions as in Taxing Costs by virtue of 10 "The House of Commons Costs Taxation Act 1847," and "The House of Lords Costs Taxation Act, 1849," and any Certificate issued by the Speaker in reference to any such Taxation shall have the same Force and Effect as a Certificate issued by him pursuant to the said recited Acts.

15

Costs.

Costs when

CXXXI. The Party entitled to such taxed Costs, in any of the Recovery of Cases aforesaid, or his or her Executors or Administrators, may taxed. demand the whole Amount thereof, so certified as above, from any One or more of the Persons liable to the Payment thereof; and in case of Nonpayment thereof, on Demand, may recover the 20 same by Action of Debt in any of Her Majesty's Courts of Record at Westminster or Dublin, or in the Court of Session in Scotland, in which Action it shall be sufficient for the Plaintiff to declare that the Defendant is indebted to him in the Sum mentioned in the said Certificate; and the said Plaintiff shall, upon filing the said 25 Declaration, together with the said Certificate and an Affidavit of such Demand as aforesaid, be at liberty to sign Judgment as for Want of Plea by Nil dicit, and take out Execution for the said Sum so mentioned in the said Certificate, together with the Costs of the said Action, according to due Course of Law: Provided always, that the 30 Validity of such Certificate (the Handwriting of the Speaker thereunto being duly verified) shall not be called in question in any Court.

may recover

CXXXII. In every Case it shall be lawful for any Person from Persons paywhom the Amount of such Costs have been so recovered to recover in ing Costs like Manner from the other Persons, or any of them (if such there be), a Proportion 35 who are liable to the Payment of the same Costs, a proportionate Persons Share thereof, according to the Number of Persons so liable, and liable according to the Extent of the Liability of each Person.

from other

thereto.

zances, when

CXXXIII. If any Person having subscribed an Election Petition Recognipresented under this Act or under the Election Petitions Act, 1848, ances 40 neglect or refuse, for the Space of Twenty-eight Days after Demand, to treated, &c. pay to any Person the Sum certified by the Speaker as aforesaid to be due to such Person for his Costs, and if such Neglect or Refusal be,

Costs.

Monies re-
ceived under
Recogni-
zances to be
paid into the

Bank, and
applied in
Payment of
Costs.

Surety may pay Money into the

Bank in discharge of his Recognizance.

within One Year after the granting of such Certificate, proved to the
Speaker's Satisfaction by Affidavit, in every such Case every Person who
has entered into a Recognizance relating to such Petition, under the
Provisions of this or the said recited Act, shall be held to have made
default therein, and the Speaker shall thereupon certify such Recog- 5
nizance into the Court of Exchequer in England if the Person
who entered into such Recognizance reside in England, or into the
Court of Exchequer in Ireland if such Person reside in Ireland, or into
the Court of Exchequer of Scotland if such Person reside in Scotland,
and shall also certify that such Person has made default therein, and 10
such Certificate shall be conclusive Evidence of the Validity of such Re-
cognizance and of such Default, and the Recognizance being so certified,
if the Person who entered into such Recognizance reside in England,
shall be delivered by some Person authorized by the Speaker into the
Hands of the Lord Chief Baron, or One of the Barons of the Court 15
of Exchequer in England, or of some Officer appointed by the Court
to receive the same, or if such Person reside in Ireland or Scotland,
shall be transmitted in such Manner as the Speaker shall direct to
the Chief Baron of the Court of Exchequer in Ireland, or to One
of the Judges of the Court of Session discharging for the Time the 20
Powers and Duties of the Court of Exchequer in Scotland, as the Case
may require, and in every such Case such Delivery or Transmission of
the Recognizance shall have the same Effect as if the same were
estreated from a Court of Law, and the Validity of such Certificate
(the Handwriting of the Speaker thereunto being duly verified) shall 25
not be called in question in any of the said Courts.

CXXXIV. All Monies which shall be received or recovered by reason or in pursuance of the estreating of any such Recognizance as aforesaid shall, after deducting all Expenses incurred in respect thereof, be forthwith paid by the proper Officer for that Purpose into the 30 Bank of England, to the Account of the Speaker and of the Examiner of Election Petitions, and shall be applied by them, in manner hereinafter mentioned, in satisfaction, so far as the same will extend, of the Costs intended to be secured by such Recognizance.

CXXXV. Any Person who has entered into any such Recogni- 35 zance may, before the same has been estreated, pay the Sum of Money for which he is bound by such Recognizance into the Bank of England, to the Account of the Speaker and the Examiner of Election Petitions; and upon Production to the Examiner of a Bank Receipt or Certificate for the Sum so paid in, he shall endorse 40 on the Recognizance in respect of which such Money has been so paid in a Memorandum of such Payment, and thereupon such Recognizance shall, so far as regards the Person by or on whose Behalf

such