If the House be sitting at the time to which the select committee is adjourned, then the business of the House is to be stayed, and a motion made for a further adjournment, for any time to be fixed by the House. If the select committee shall have occasion to apply or report to the House, and the House be then adjourned for more than twenty-four hours, the select committee may also adjourn to the day appointed for the meeting of the House. (Sect. 73.)

Committee in what case dissolved.] The committee, in case the number of members shall, by death, or necessary absence, be unavoidably reduced to less than three, and so continue for three sitting days, shall be dissolved, and another committee appointed, unless all the parties before the committee consent, that two, or the one remaining member shall continue to act, in which case the member or members so acting shall constitute the committee.

But in case a new committee is to be appointed, the general committee and chairmen's panel are to meet as soon as convenient, at a day and hour appointed by the general committee, notice being given in the Votes, and shall appoint a new committee as before provided and all the proceedings of the former committee will be void (a). (Sect. 78.)

(a) It would appear that in the case of an illegal adjournment, such as that alluded to before, the committee was dissolved by operation of law. Their powers lapsed from their not having been continued in accordance with the statutable authority. If this opinion be correct that the powers of the committee lapsed in consequence of the flaw in their proceedings, it seems quite clear that the House could give no relief. Their control over election committees is strictly defined by the act of Parliament; they could not have appointed a second committee, for that can only be done in the case alluded to in sect. 78.

Committee when not dissolved.] The committee is not dissolved by the death or absence of one or two members. Should the chairman die or be necessarily absent, a new chairman is chosen by the remaining members from among themselves; the member whose name is first on the list as reported to the House having a casting vote if necessary. (Sect. 77).

Not dissolved by prorogation.] If parliament is prorogued after the appointment of a committee, and before they have reported their determination, the committee is not dissolved, but is thereby adjourned to twelve o'clock on the day after that on which Parliament shall meet again for the dispatch of business; and all proceedings of such committee, and of any commission to take evidence issued under the authority of such committee, are to remain in force as if Parliament had not been prorogued, and the committee shall meet and continue to sit until they have reported their determination on the merits of the petition (a). (Sect. 88).

Committee attended by Short-hand writer.] Every select committee is to be attended by a short-hand writer specially appointed by the clerk of the House; he is sworn by the chairman faithfully and truly to take down the evidence given before such committee; and from day to day as occasion may require to cause the same to be written in words at length for the use of the committee (b). (Sect. 82).

Questions decided in Committee.] All questions before the committee (if for the time being consisting of

(a) Waterford, 1 Peck. 231.

(b) For the mode of enforcing the attendance of witnesses, and the power to commit. See post.

more than one member) are to be decided by a majority of voices; whenever the voices are equal the chairman has a casting vo ice no member is allowed to refrain from voting on any division in the committee. (Sect. 86). The committee may order the room to be cleared while they are deliberating if they think it necessary. (Sect. 79). The names of the members voting in the affirmative or negative are printed in the Minutes, and reported to the House with the final report. (Sect. 81).

Final decision of Committee.] The committee has to try the merits of the return or election complained of, in the petition referred to them; and they have to determine by a majority of voices (if consisting at the time of more than one member):

1. Whether the sitting members, or either of them, or any and what other person, were duly returned or elected.

2. Whether the election be void.

3. Whether a new writ ought to issue.

Their determination is final between the parties. (Sect. 86).

If the committee come to any other resolution, besides the determination before mentioned, they may, if they think proper, report the same to the House for their opinion when they report the determination; and the House may confirm or disagree with such resolution, and make such orders thereon as they shall think proper. (Sect. 87) (a).

(a) The resolutions mentioned in the 87th section, and which the House may confirm or reject as they think fit, are those relating to such matters as the prosecuting of witnesses, or appointing commissions of inquiry:

2nd

Decision of Committee reported to the House.] The determination of the committee is reported to the House. The report is entered on the Journals, and the House then gives directions for confirming or altering the return, or for ordering a return to be made, or for issuing a new writ for a new election, or for carrying the determination into execution as the case may require.

The

Petition or opposition reported Frivolous.] committee may, if they think fit, report that the petition, or the opposition to it, or that the objection taken to particular voters, was frivolous and vexatious, in which case the parties against whom such report is made will be liable in costs. This subject will be more fully considered hereafter in the CHAPTER ON COSTS.

Peterborough, 2 P. R. & D. 289. The determination of the committee as to bribery, treating, undue influence, qualification and validity of the election cannot be questioned.

CHAPTER VII.

PRACTICE.

THERE are certain points of practice peculiar to election committees which require to be well understood. Most of the matters of practice which take place prior to the meeting of the select committee have already been observed upon in the preceding Chapters. There is one, however, the delivery of lists of voters intended to be objected to, which must here be noticed. It is only in one class of cases, that is to say, cases of scrutiny, that these lists are necessary («). Formerly there was a difference in the practice as to the delivery of lists in the case of petitions from the several parts of the United Kingdom; the time and place of delivery of the lists were also uncertain. By recent enactments all these doubts and differences have been removed, and one uniform practice introduced. The time and place of the delivery of lists is now fixed by the 55th section of the 11 & 12 Vict. c. 98. It is there enacted, "That the parties complaining of, or defending the election or return, complained of in any election petition, shall, except in the case herein before provided for (b), by themselves

(a) Marlow, 1 P. R. & D. 14.

(b) By sect. 52, where the sitting member declines to defend, and no party has been admitted to defend the elec tion or return, in which case no lists are required.