mons, or pre the said select committee, shall disobey such summons, or Persons disif any witness before such select committee shall prevari- obeying sum cate, or shall otherwise misbehave in giving, or refusing to varicating, give evidence; the chairman of the said select committee, to be reported by their directions, may at any time, during the course of by the chairtheir proceedings, report the same to the house for the interposition of their authority or censure, as the case shall require. man. When com chuse the room to be 27. AND be it further enacted, That whenever the said select committee shall think it necessary to deliberate mittee amongst themselves, upon any question which shall arise to deliberate, in the course of the trial, or upon the determination thereof, cleared. or upon any resolution concerning the matter of the petition referred to them as aforesaid; as soon as the said select committee shall have heard the evidence and counsel on both sides relative thereunto, the room or place wherein they shall sit shall be cleared, if they shall think proper, while the members of the said select committee consider Questions thereof; and all such questions, as well as such determina- be determined by a majority. tion, and all other resolutions, shall be by a majority of Chairman voices and if the voices shall be equal, the chairman shall have a casting have a casting voice. vote. to to nation, unless 13 be present; 28. PROVIDED always, That no such determination as No determi aforesaid shall be made, nor any question be proposed, unless thirteen members shall be present; and no member nor any mem shall have a vote on such determination, or any other ques- who has not at tion or resolution, who has not attended during every sit- tended every ting of the said select committee. ber to vote sitting. the house to clerk; committee by Penalties on 29. AND be it further enacted, That the oaths by this act Oaths taken in directed to be taken in the house, shall be administered by be administer the said clerk or clerk assistant, in the same manner as the ed by the oaths of allegiance and supremacy are administered in the house of commons: and that the oaths by this act directed and those beto be taken before the said select committee, shall be admi- fore the select nistered by the clerk attending the said select committee; their clerk. and that all persons who shall be guilty of wilful and cor- perjury exrupt perjury in any evidence which they shall give before tended there the house, or the said select committee, in consequence of the oath which they shall have taken by the direction of this act, shall, on conviction thereof, incur and suffer the like pains and penalties to which any other person, convicted of wilful and corrupt perjury, is liable by the laws and statutes of this realm. to. nue for seven years. 30. AND be it further enacted, That this act shall con- Act to contitinue in force seven years, and till the end of the session of parliament next after the expiration of the said seven years, and no longer. ANNO 100 GEORGII III. CAP. 41 24 Geo. III. An Act to enable the Speaker of the House of Commons to is- Repealed by sue his Warrants to make out new Writs for the Choice of C. 25. Members to serve in Parliament, in the Room of such Members as shall die during the Recess of Parliament. A. D. 1770. ANNO 100 GEORGII III. CAP. 50. An Act for the further preventing Delays of Justice_by_ rea- WHEREAS the several laws heretofore made for restraining the privilege of parliament, with respect to actions or suits commenced and prosecuted at any time from and immediately after the dissolution or prorogation of any parliament, until a new parliament should meet, or the same be re-assembled, and from and immediately after an adjournment of both houses of parliament for above the space of fourteen days, until both houses shall meet or assemble, are insufficient to obviate the inconveniences arising from the delay of suits by reason of privilege of parliament; whereby the parties often lose the benefit of several terms: For the preventing of all delays the king or his subjects may receive in prosecuting their several rights, titles, debts, dues, demands, or suits, for which they have cause, Be it enacted, &c. That from and after the twenty-fourth day of may be prose June, 1770, any person or persons shall and may, at any cuted in courts of record, time, commence and prosecute any action or suit in any equity, oi court of record, or court of equity, or of admiralty, and in admiralty,and courts having all causes matrimonial and testamentary, in any court havcognizance of ing cognizance of causes matrimonial and testamentary, monial and against any peer or lord of parliament of Great Britain, or testamentary, against any of the knights, citizens, and burgesses, and the against peers, and members commissioners for shires and burghs of the house of com. of the house of commons, and mons of Great Britain for the time being, or against their their servants, or any of their menial or any other servants, or any other After 24 June, 1770, suits causes matri &ze. But the persons of members of the house of person entitled to the privilege of parliament of Great Britain and no such action, suit, or any other process or proceeding thereupon, shall at any time be impeached, stayed or delayed, by or under colour or pretence of any privilege of parliament. 2. PROVIDED nevertheless, and be it further enacted by the authority aforesaid, That nothing in this act shall extend to subject the person of any of the knights, citizens, commons, not and burgesses, or the commissioners of shires and burghs or imprisoned. Of the house of commons of Great Britain for the time being, to be arrested or imprisoned upon any such suit or proceedings. to be arrested Court out of order the is ney arising costs to plain tiff. which writ 3. AND whereas the process by distringas is dilatory proceeds, may and expensive; for remedy thereof, Be it enacted by sues to be the authority aforesaid, That the court out of which the sold, and mo- writ proceeds, may order the issues levied from time to thereby to be time to be sold, and the money arising thereby to be apapplied to pay plied to pay such costs to the plaintiff, as the said court shall think just under all the cicumstances, to order: and Surplus to be the surplus to be retained until the defendant shall have appearance of appeared or other purpose of the writ be answered. 4. PROVIDED always, when the purpose of the writ is answered, answered, That then the said issues shall be returned; or, issues to be re if sold, what shall remain of the money arising by such sold, money sale, shall be repaid to the party distrained upon. retained till defendant, &c. When purpose is turned; or, if remaining to be repaid. au- Obedience to rule of the of mon pleas, or exchequer, per- may be enpro- tress infinite. forced by dis 5. AND be it further declared and enacted by the thority aforesaid, That obedience may be enforced to any court of king's rule of his majesty's courts of king's bench, common pleas, bench, comor exchequer, against any person entitled to privilege parliament, by distress infinite, in case any person or sons entitled to the benefit of such rule shall chuse to ceed in that way. 6. AND whereas an act was made in the 12th and 13th Act 12 and 13 Will 3. years of the reign of king William the Third, intituled, An act for preventing any inconveniences that may happen by privilege of parliament;' Be it enacted by the authority aforesaid, That from and after the said twentyfourth day of June, the said act, and also this act, shall extended to extend to that part of Great Britain called Scotland. ANNO 110 GEORGII. III. CAP. 42. An Act to explain and amend an Act, made in the last Session Scotland. thereof, on of WHEREAS an act was passed in the last session of parliament, intituled, An act to regulate the trials of contro Act 10Geo. 3.. verted elections, or returns of members to serve in parliament;' and whereas further provisions may be necessary to prevent all obstructions and difficulties, which in certain cases may arise in the execution of the said act: Be it therefore enacted, &c. That from and after the passing of After passing this act, if several parties, on distinct interests or grounds complaint of complaint, shall present separate petitions, complaining an undue election, &c. noof an undue election, or return of a member or members to tice and orders serve in parliament, the same notices and orders shall be to be given to given to all such parties, or their respective agents, as their agents. by the said act are directed to be given to the sitting members, or the petitioners therein mentioned, or their respective agents. parties and 2. AND be it further enacted, That the clause in the said Clause in act act, which provides that no petition shall be taken into 10. Geo. 3. re pealed. consideration within fourteen days after the appointment of the committee of privileges, be repealed: and that from henceforth no petition complaining of an undue election, or return of a member or members to serve in parliament, shall be taken into consideration within fourteen days after the commencement of the session of parliament in which it is presented, nor within fourteen days after the return to which it relates, shall be brought into the office of the clerk of the crown. members can 3. AND be it further enacted, That if at the time of draw. If at the time ing by lot the names of the members, in manner prescribed of drawing, 19 by the said act, the number of forty-nine members, not set not be comaside nor excused, cannot be completed, the house shall pleted, the house to proproceed in the manner they are directed by the said act to ceed in man proceed, in case there be less than one hundred members ner directed present at the time therein prescribed for counting the Geo.3. by act 10, previous to reading the If on complaint of un more than two each party a member until reduced to 13. house; and so from day to day, as often as the case shall happen. On the day 4. AND be it further enacted, That on the day appointed appointed for hearing comfor taking any petition, complaining of an undue election, plaints of un- or return of a member or members to serve in parliament, due elections, the house shall into consideration, the house shall not proceed to any other not proceed to business whatsoever, except the swearing of members, preother business vious to the reading of the order of the day for that purpose. 5. AND be it further enacted, That if the select commitorder. tee shall have occasion to apply or report to the house, in Manner of ad- relation to adjournment of the said select committee, the journing the absence of the members thereof, or the non-attendance or select commitmisbehaviour of witnesses summoned to appear, or appeartec. ing before them, and the house shall be then adjourned for more than three days, the said select committee may also adjourn to the day appointed for the meeting of the house. 6. AND be it further enacted, That if on a complaint by due election, petition of an undue election or return, there shall be more there shall be than two parties before the house, on distinct interest, or comparties on dis- plaining or complained of upon different grounds, whose tinct interest, right to be elected or returned may be affected by the determination of the said select committee, each of the said shall strike off parties shall successively strike off a member from the from the 49, forty-nine members to be chosen by lot, until the same successively, number be reduced to thirteen, in the same manner as by the said act is directed for the striking off a member alternately by the parties therein mentioned; and the lists of the forty-nine members chosen by lot shall, for this purpose, be given to all the said parties, and the order in which the said parties shall so strike off the said members shall be determined by lot after they are withdrawn from the bar, and in such case, neither of the said parties (there being more than two) shall be permitted to name a member to be added to the members so drawn by lot as aforesaid; When the list but that as soon as the list of thirteen members shall be is returned to returned by the parties to the house, such thirteen mem13 members to bers shall immediately withdraw, and shall by themselves chuse two members then present in the house, whose names shall not have been drawn, to be added to the said thirteen members; and shall, within one hour from the time of their withdrawing, report the names of such two members to the house; which two members shall be liable to be set aside, on the like objections for which nominees may be set aside In case such by virtue of the said act; and in case such two members, or either of them, shall be set aside for any of the causes aforesaid, then the said thirteen members shall chuse one or two other members, as the case shall require, until two members are chosen, against whom none of the objections to nominees mentioned in the said act shall be taken and allowed; and that the names of such two members shall be then added to the said list of thirteen members; and all the said fifteen members shall be sworn at the table, and they shall be the select committee appointed for the purpose expressed in this and the said former act. the house, the withdraw; and within one hour, re port the names of such two members. two members shall be set aside, they shall choose others, until two are chosen. 7. AND be it further enacted, That where the said no. minees are di minees are by this act directed to be named by the said Where the nothirteen members, no member present at the time of the bal- rected to be lot shall depart from the house until the time for the meet- named, no ing of the said select committee shall be fixed. ANNO 110 GEORGII III. Cap. 55. An Act to incapacitate John Burnett, &c. and others from voting at Elections of Members to serve in Parliament, and for the preventing Bribery and Corruption in the Election of Members to serve in Parliament for the Borough of New Shoreham, in the County of Sussex. A. D. 1771. WHEREAS a wicked and corrupt society calling itself the Christian Society, hath for several years subsisted in the borough of New Shoreham in the county of Sussex, and consisted of a great majority of persons having a right to vote at elections of members to serve in parliament for the said borough; and whereas it appears that the chief end of the institution of the said society, was for the purpose of selling, from time to time, the seat or seats in parliament for the said borough; and whereas John Burnett, &c. and others were members of the said society' in order therefore to prevent such unlawful practices for the future, and that the said borough from henceforth be duly represented in parliament; be it enacted, &c. That the said John Burnett, &c. and others, shall be, and by virtue of this act are, from henceforth incapacitated and disabled from giving any vote at any election for the chusing a member or members to serve in parliament. member to de part till the time of meeting the select committee is fixed.: 2. AND be it further enacted by the authority aforesaid, That from henceforth it shall and may be lawful to and for every freeholder, being above the age of twenty-one years, Freeholders who shall have within the rape of Bramber, in the said above 21 years of age, to vote. county of Sussex, a freehold of the clear yearly value of forty shillings, to give his vote at every election of a burgess or burgesses to serve in parliament, for the said borough of New Shoreham. 3. AND be it further enacted by the authority aforesaid, That the right of election of a member or members to serve Right of elec in parliament for the said borough of New Shoreham, shall tion, in whom. be and is hereby declared to be in such freeholders as afore. said, and in the persons who by the custom and usage of the said borough have, or shall hereafter have, a right to vote at such election, those whose names are mentioned herein and incapacitated and disabled by this act only excepted; and the constable or other proper officer for the time being, to whom the return of such precept or writ does belong, is hereby required to return the person or persons to serve in parliament for the said borough, who shall have the major number of votes of such freeholders, and other persons having a right to vote at such election, (except such persons as are herein-before excepted) any law or usage to the contrary notwithstanding. to take the fol 4. AND be it further enacted by the authority aforesaid, Freeholders That every such freeholder before he is admitted to poll at lowing oath. |