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the petitioner ought to state in the petition, in what character he petitions. Committees, however, seldom require this to be done with technical accuracy. Thus, where it has been stated in the petition, that the petitioners were voters of the place, or had a right to vote at elections at the place in question, this has been held sufficient, though it was not stated, that they had a right to vote at the election in question. Montgomery, P. & K. 167; Caermarthenshire, 1 Peck, 287; Boston, 1 Peck. 434 ; Drogheda, K. & 0. 200. A stricter rule was laid down in the Nottingham case, C. & D. 197; but when it is remembered that this objection to the description of the character of the petitioners, was taken and allowed, after the committee had sat for five days trying the merits of the petition, it may well be urged that it is not a case of much authority. And that future committees are more likely to follow the course adopted by the Montgomery Committee, and to discountenance objections merely technical. Persons who have signed the return of the sitting member are not prevented, thereby, from petitioning against him. Warwick, P. & K. 537. But it has been held, that a person who has voted for the sitting member cannot be a petitioner against him. Herefordshire, 1 Peck. 210. Mr. Rogers observes, in a note to the Warwick case, cited above, “ Whether a committee would allow a petitioner to be heard against the election of a member or members, for whom he had voted, is a different question, and did not arise in the Warwick case ; yet, even then, if disqualifying facts come to his knowledge after he had voted, it would seem strange to estop him by his assent given in ignorance.” Rogers's Elect. Com. It may be questioned whether the Select Committee has any power to refuse to enter

p. 7.

upon

the inquiry as to the merits of the election, on the ground that the petitioner has voted for the sitting member, even though, at the time of voting he knew of the disqualification. The petitioner may bave received a bribe at the election, and have voted for the very purpose of afterwards questioning the election; this would make him an accomplice in the transaction, but it is not easy to see how it could estop him from disclosing the transaction if others were unwilling to do so.

A candidate, who when called upon refused to take the qualification oath, was held to have forfeited his claim to be a candidate, and that he could not petition in that character. Penryn Minutes, 1827; Sandwich, 26th May, 1808 ; Great Grimsby, 1813, cited in a note to the Montgomery case, P. & K. 169.

If a candidate has been pronounced by a committee of the House of Commons to have been guilty of bribery at a former election, and upon the vacancy thus created he stand again, he cannot appear in the character of a petitioner to contest the result of the second election. Honiton, 3 Lud. 163–165.

But a mere allegation on the part of the sitting member, that the petitioning candidate has been guilty of bribery, will not deprive him of his right to petition. Taunton case, 1831, Rogers, 63.

4. The Recognizance is the next thing to be considered :-By the 7 & 8 Vict. c. 103, s. 3, the petitioners, or some of them, were bound to enter into a recognizance together with sureties. This has been

altered in the recent statute (a). The petitioner is no longer required to enter into a recognizance, but it is enacted in sect. 3, that before any election petition can be presented to the House, a recognizance must be entered into by one, two, three, or four persons, as sureties for the person subscribing the petition, for the sum of 10001. in one sum, or in several sums of not less than 2501. each, for the payment of all expenses which, under the provisions of the act, may become payable by the petitioner to any witness summoned in his behalf, or to the sitting member, or other party complained of in the petition, or to any party who may be admitted to defend the petition.

Form of.] The 5th section prescribes the form of the recognizance. It must mention the names, and usual places of residence, or business, of the sureties, with such other description as may be sufficient to identify them easily; a form is given in the schedule to the act ; see App. The recognizance should be in this form, or to the same effect.

Affidavit.] Every person who enters into a recognizance, must at the time of entering into it, make an affidavit of his sufficiency, before the person who takes the recognizance ; every such affidavit is to be annexed to the recognizance. (Sect. 4.) Every recognizance must be entered into, and every affidavit must be sworn, either before the examiner of recognizances or a justice of the peace; if before a justice of the peace, they must be duly certified under his hand, and delivered to the examiner of recognizances (6). (Sect 11).

(a) 11 & 12 Vict. c. 98.

(6) The words “ taken and acknowledged before the

-, at, &c.," signed by a justice of the

on

day of

The justice of the peace who takes the recognizance and affidavit, must have jurisdiction in the place where he takes them, or they will be invalid. Carnarron, Bar. & Aus. 552; Athlone, 2 P. R. & D. 191. The recognizance and affidavit are, by the 106th section of this act, exempted from stamp duty.

Duties of Examiner.] The examiner of recogni. zances is an officer appointed by the Speaker during pleasure, to execute the duties of his office, under the direction of the Speaker. (Sect. 9.) The Speaker may, in case of the illness of the examiner, appoint a fit person to perform the duties.

A book is kept in the office of the examiner of recognizances, wherein must be entered, on or before the day when the petition is presented to the House, the names and descriptions of the sureties ; this book, together with the recognizances and affidavit, are open to the inspection of all parties concerned. (Sect. 12.)

Payment in lieu of Recognizance.] Any person signing the election petition may, instead of having a recognizance entered into for him, pay into the Bank of England, to the account of the Speaker and examiner of recognizances, as trustees, the whole sum of 10001., or any part of it not less than 2501., and then sureties will have to be provided, for so much only as the sum paid in falls short of 10001. No money is to be deemed to be paid into the Bank for the purposes of the act, until a Bank receipt or certificate for the same is delivered to the examiner. (Sect. 6.) When the recognizances have been entered into in the manner here described, the examiner certifies the

peace, are a sufficient certificate of the recognizance. Warren, 297.

same on the back of the petition. It may then be presented to the House.

5. Presentation of the Petition.] The petition must be presented within the time, from time to time, limited by the House for receiving election petitions (11 & 12 Vict. c. 98, s. 2). The time so limited by the House is fixed by sessional orders passed at the commencement of each session :

“ That all persons who will question any returns of members to serve in Parliament, for any county, city, borough or place in the United Kingdom, do question the same within fourteen days next, and so within fourteen days next after any new return shall be brought in.” That is to say, the petition must be presented within fourteen days after the date of this sessional order, or within fourteen days after a new return is brought into the Crown Office. This order is strictly enforced; the only exception allowed is when the fourteen days expire during an adjournment of the House, in which case the petition must be presented on the first day the House meets for business. 1 Doug. 84; 2 Peck. 334 ; Seaford, 1 Peck. 27; 2nd Peterboro', 2 P. R. & D. 295 (a).

There is one class of election petitions, however, which may be presented at a later period than fourteen days after the return is brought in. They are petitions founded on the 20th section of 5 & 6 Vict. c. 102,

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(a) When a petition has been presented against the return only, and the return has been amended, time is allowed to present a petition against such amended return. Bar. & Aust. 648, 680, post, “ Practice.”

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