an answer.

Evidence was given upon some of the other charges of bribery by agents, but the committee had decided that none of the cases of bribery were proved. An application was made, on behalf of the petitioner, for costs, on the ground that the whole allegation as to bribery had failed. The counsel for the sitting member contended, that the only distinction between the case of the petitioner and that of the sitting member was this, that in the former, one case of bribery had been proved, while in the latter, all had failed. The committee decided that they would not give costs on this allegation.

In the Lyme Regis case, Minutes, 256, a great number of cases of bribery were contained in the list given in on the part of the sitting member; among them was one which alleged bribery against the vicar of the parish; no evidence had been called in this case, and an application was made for costs. It was answered that the sitting member was prepared to go on with this case, but, that several of the witnesses in it had been discharged, as it was not intended to go through the forty cases contained in the list. The committee refused the application for costs, but stated that they thought that a case affecting the vicar of the parish ought to have been brought forward among the very first, and that the committee observed, that no evidence whatever had been adduced upon the subject.

In the case of Rye, 1 P. R. & D. 115, though the seat was avoided on another ground, the committee gave costs in respect of certain unfounded allegations of bribery which had been introduced into the petition. In the Bridgenorth case, 2 P. R. & D. 25, the

committee ordered all the costs and expenses incurred by reason of certain allegations of bribery in the cases of thirteen voters to be paid by the petitioners to the sitting members. So also in the New Ross case, 2 P. R. & D. 199, where a charge was made against the sitting member without reasonable or probable cause, that he had instigated and encouraged a mob in acts of violence, the committee ordered the costs to be paid which had been incurred in consequence of such allegation.

If there is any reasonable ground for the charge contained in the petition, costs will not be ordered to be paid in respect of it, although the petitioners fail in establishing it. Bodmin, 1 P. R. & D. 133; Longford, ib. 142; Southampton, 2 P. R. & D. 57; Huddersfield, ib. 131; Athlone, ib. 180.

It is one of the preliminary resolutions usually passed at the commencement of the inquiry, "That if costs be demanded by either party, under the 11 & 12 Vict. c. 98, the question must be raised immediately after the decision on that particular case, unless the committee shall otherwise decide."

8. Costs on frivolous Objections to Voters.] By sect 92, it is enacted, that, if any ground of objection be stated against any voter in any list of voters intended to be objected to, and the committee are of opinion that the objection was frivolous or vexatious, they may so report to the House when they report on the other matters in the petition, and in such case the opposite party shall have their full costs and expenses incurred by reason of such frivolous objection.

The application for costs in such a case, must be made as soon as the committee have decided that the objections to the particular vote cannot be sustained.

9. Costs, how ascertained.] The 94th section prescribes the manner of ascertaining the amount of the costs and expenses adjudged by any select committee to be payable, and also the costs which are payable under the act to any party prosecuting or opposing, or preparing to oppose, any election petition, or to any witness summoned to attend before the committee.

The petitioner, party, or witness, must apply to the Speaker, not later than three calendar months after the determination of the merits of the petition, or after the order for referring it has been discharged, or after it has been withdrawn, that the costs may be ascertained.

The Speaker will thereupon direct the Examiner of Recognizances, or the Taxing Officer of the House, to tax the same. The Examiner or Taxing Officer may examine the party claiming, or the witnesses tendered by him, on oath. (Sect. 95).

The examiner, or officer, is to examine and tax the costs and expenses; to report to the Speaker the amount thereof, with the name of the party liable to pay the same, and the name of the party entitled to receive the same.

The Speaker, upon application being made to him, will deliver to the party entitled to the costs a certificate, signed by himself, expressing therein the amount of the costs and expenses allowed, with the name of the party liable to pay the same, and the name of the party entitled to receive the same.

Certificate conclusive.]

This certificate, so signed

by the Speaker, will 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 for the payment thereof. It is further enacted, in section 96, that the validity of such certificate (the handwriting of the Speaker thereunto being duly verified) shall not be called in question in any Court.

Mode of recovering Costs.] The party entitled to the taxed costs, or his executors, may demand the whole amount from any one of the persons liable to the payment thereof.

If the costs are not paid on demand, they may be recovered by an action of debt, in any of her Majesty's Courts of Record at Westminster or Dublin, or in the Court of Session in Scotland. It will be sufficient for the plaintiff to declare that the defendant is indebted to him in the sum mentioned in the certificate; and upon filing the declaration, together with the certifi cate, and an affidavit of the demand, he will be at liberty to sign judgment, and take out execution for the sum mentioned in the certificate, together with his costs in the action. (Sect. 96).

Contribution in Costs.] The person from whom the costs have been so recovered, may recover a proportionate share from the other persons liable for the costs. (Sect. 97).

10. Recognizances, when estreated.] If any person who has subscribed an election petition shall neglect or refuse, for the space of seven days after demand, to pay to any witness summoned on his behalf, before any

committee, the sum so certified by the Speaker to be due to such witness; and also, if such petitioner shall neglect or refuse, for the space of six months after demand, to pay to any party opposing the petition the sum certified to be due for costs and expenses, and if such neglect or refusal be proved to the Speaker within one year of the granting of the certificate, in every such case every person who has entered into a recognizance will be held to have made default therein.

If the party entering into the recognizance reside in England, the recognizance is to be certified into the Court of Exchequer in England; if he resides in Ireland, into the Court of Exchequer there; and if in Scotland, into the Court of Exchequer in Scotland; the Speaker is to certify at the same time that such person has made default therein.

Certificate conclusive.] Such certificate will be conclusive of the validity of the recognizance, and of the default. The recognizance so certified is to be delivered by the clerk of the House of Commons, or one of the clerk's assistants, into the hands of the Lord Chief Baron, or one of the Barons of the Court of Exchequer in England, or to such officer as shall be by the Court appointed to receive the same. The delivery has the same effect as if the recognizance were estreated in a Court of law. (Sect. 98).

If the person making default resides in Ireland or Scotland, the recognizance and certificate are to be transmitted through the post, by the clerk of the House of Commons, or other person appointed by the Speaker, directed to the Lord Chief Baron in Ireland, or to one of the Judges of the Court of Session dis