CHAP. 5. 8. In case of any indictment or information by a Defendant enti- private prosecutor for any offence against the provisions tled to his costs of this Chapter, if judgment shall be given for the defendant, he shall be entitled to recover from the prosecutor the costs, to be taxed by the Court, sustained by the defendant by reason of such indictment or information.

if judgment in his favor.

Prosecutor must

nizance, or not be entitled to

costs.

9. It shall not be lawful for the Court to order payment enter into recog of the costs of a prosecution for any offence against the provisions of this Chapter unless the prosecutor shall, before or upon the finding of the indictment or the granting of the information, enter into a recognizance with two sufficient sureties in the sum of five hundred dollars, with the conditions following, that is to say, that the prosecutor shall conduct the prosecution with effect, and shall pay to the defendant, in case he shall be acquitted, his costs.

Limitation of actions.

Seat of candidate guilty of bribery, &c., vacated.

Form of action.

Title of Chapter.

Meaning of words, &c.

10. No person shall be liable to any penalty or forfeit ure hereby enacted or imposed, unless some prosecution, action, or suit, for the offence committed shall be commenced against such person within the space of six months next after such offence shall be committed, and unless such person shall be summoned or otherwise served with writ or process within the same space of time, so as such summons or service of writ or process shall not be prevented by such person absconding or concealing himself, or withdrawing from the province; and in case of any such prosecution, suit, or process as aforesaid, the same shall be proceeded with and carried on without any wilful delay.

11. If any candidate returned at an election for any county shall be declared by the report of any election committee guilty, by himself or his agents, of bribery or undue influence at such election, the seat of such candidate shall, by such report, be forthwith vacated.

12. In an action for recovery of a forfeiture under this Chapter it shall suffice for the plaintiff to declare that the defendant is indebted to him in the amount of the forfeiture, and to allege the particular offence for which the action is brought, and that the defendant hath acted therein contrary to this Chapter, without mentioning the writ for holding the election or the return thereof.

13. In citing this Chapter it shall be sufficient to use the expression, "the corrupt practices prevention Chapter." 14. Throughout this Chapter, in the construction thereof, except there be something in the subject or context repugnant to such construction, the word "election" shall mean the election of any member or members to serve in the assembly; the word "voter" shall mean any person who has or claims to have a right to vote in the election of a member or members to serve in the

assembly; and the words "candidate at an election," CHAP. 6. shall include all persons elected as members to serve in the assembly at such election, and all persons nominated as candidates, or who shall have declared themselves candidates at or before such election.

CHAPTER 6.

OF CONTROVERTED ELECTIONS.

a return.

1. When a petition complaining of an undue election, Proceedings on or return of a member to serve in the House of Assembly, petition against shall be presented to the house, a day and hour shall be appointed by the house for taking the same into consideration, and notice in writing shall be forthwith given by the Speaker to the petitioner and the sitting member, or their agents, accompanied with an order to them to attend the house at the time appointed, by themselves, their counsel, or agents; and, if at the time appointed none of the petitioners shall appear, either personally, or by counsel or agent, the order for taking the petition into consideration shall be discharged, and the petition shall not be further proceeded with. No such petition shall be received after fourteen days shall have elapsed from the time that the member whose return is complained of shall have taken his

seat.

2. No proceeding shall be had on a petition unless at Bond required. or before the time appointed for the consideration thereof at least one of the petitioners shall enter into a bond to Her Majesty, with sureties, in the sum of eight hundred dollars, for the payment of the costs and expenses that may become payable by the petitioners, under any report of committee on the petition; the bond, in case of non-payment, to be put in suit for the benefit of the parties entitled to the costs and expenses.

turn.

re-.

3. If before the day appointed for considering the Proceedings on petition the member whose return is complained of shall undefended die, or accept the office of Legislative Councillor, or declare under his hand his intention not to defend his return, the Speaker shall give notice thereof in writing to the Sheriff of the County where the election was had, and shall also notify the same in two public newspapers, so that any of the freeholders of the county for which the member was returned may, if they think fit, petition the house to be

CHAP. 6.

Proceedings at

sidering the petition.

admitted as parties in the room of the member; and they shall thereupon be so admitted as parties, and stand, as respects the controversy, in the place of the sitting member.

4. At the time appointed for considering the petition, the time for con- and previous to reading the order of the day therefor, the Speaker shall direct the Sergeant-at-Arms to go to the places adjacent and require the immediate attendance of members on the business of the house; and after his return the house shall be counted, and if there are less than twentyfour members present the order shall be adjourned to a particular hour on the following day, when the house shall proceed in the same manner; and so, from day to day, until there shall be in attendance twenty-four members at the reading of the order.

Committeehow drawn.

Names of certain members set aside.

Members how

and when excused.

Members serv

5. When twenty-four members shall be present, the petitioners, their counsel or agents, and the counsel or agents of the sitting member, shall be ordered to attend at the bar; and then the door of the house shall be locked, and no member shall be suffered to enter into or depart from the house until the drawing shall be completed. The order of the day shall then be read, and the names of the members written on distinct pieces of paper, and, as nearly as may be, of equal size, and rolled up in the same manner, shall be equally divided, and put into two several boxes placed on the table, and shall be shaken together, and the Clerk shall publicly draw out of the boxes alternately the pieces of paper and deliver them to the Speaker to be read to the house, until fifteen names of members then present are drawn.

6. If the name of a member who shall have voted at the election complained of, or against whose return a petition shall be depending shall be drawn, it shall be set aside.

7. If a member drawn shall verify, on oath, an excuse, the substance thereof shall be taken down by the Clerk, in order that the same may afterwards be entered on the journals, and the opinion of the house shall be taken thereon; and if they shall resolve that the member is unable to serve, or cannot, without great detriment, serve on the committee, he shall be excused therefrom.

8. If the name of a member then serving on one elecing on a com- tion committee be drawn, he shall be excused from serving on a second.

mittee excused.

When members

names to be

drawn.

9. When members are set aside or excused, others shall excused other be drawn in their place, who may in like manner be set aside or excused and others drawn in their place, until the whole number of fifteen members not liable to be set aside or excused shall be complete.

sworn; how ad

10. When the drawing shall be completed the door of CHAP. 6. the house shall be unlocked, and lists of the fifteen mem- Committee how bers shall be given to each party, and they shall imme- struck; to be diately retiro with the Clerk or Clerk Assistant, and each journed. party, his counsel or agent, beginning on the part of the petitioners, shall alternately strike off one of the fifteen members until the number shall be reduced to seven; and the Clerk or Assistant, within one hour at farthest from the time of the lists being given, shall deliver into the house the names of the seven members then remaining: and such seven members shall be sworn at the table well and truly to try the matter of the petition referred to them, and a true judgment to give according to the evidence, and shall be a committee to determine the election; and the house shall by order direct them to meet at a certain time, and the place of their meeting shall be in a committee room of the house, and they shall sit every day, and shall not adjourn for more than a day without leave of the house, upon special cause assigned.

struck in unde

11. If at the time appointed for considering the petition, Committee how the sitting member shall not appear by himself, or his appointed and counsel or agent, the committee shall be appointed as fol- fended cases. lows: the names of fifteen members shall be drawn in manner hereinbefore prescribed, but in reducing the lists the Clerk or Clerk Assistant shall stand in the place of the sitting member; and the same method of reducing the number shall be followed whenever a party waives his right of striking off names.

12. The committee shall, on meeting, select a chairman, Chairman how and if in the selection, the voices are equal, the member selected. whose name was first drawn in the house shall have an additional casting vote; and the same course shall be pursued if necessary, to elect a new chairman, on the death or necessary absence of the previous chairman.

13. The committee shall have power to send for persons Powers and duty and papers, and shall examine witnesses on oath, and shall of committee. consider evidence and proceedings duly had on a scrutiny, and referred to them by the house, and may admit additional evidence sworn to be material, and which in their judgment ought to be received; and shall determine whether the petitioner or the sitting member, or either of them, is duly returned or elected, or whether the election is void, or whether a new writ ought to issue; and their determination shall be final; and the house on being informed thereof by the chairman of the committee, shall order the same to be entered on the journals, and give the necessary directions for carrying the determination of the committee into execution.

CHAP. 6.

Committee may

14. If the committee shall come to any resolution other than the determination above mentioned, they may report report specially. the same to the house for their opinion; and the house may confirm or disagree with the resolution, and make such order thereon as they may think proper.

self.

Committee man 15. No member of the committee shall absent himself absenting him- therefrom without leave of the house; and the chairman shall report the name of a member so absenting himself, who shall, for his neglect, be punished or censured at the discretion of the house; and the committee shall never proceed unless five members are present.

Where committee reduced to less than five.

Disobedience to summons of committee.

Their power and

tain cases.

A majority of voices shall decide.

Oaths how administered.

Effect of prorogation while

ting.

16. If the members of the committee shall be unavoidably reduced to less than five, and shall so continue for three days, the committee shall be dissolved, and another chosen in like manner; but the evidence already taken shall be considered by the new committee.

17. If persons summoned by the committee shall disobey the summons; or if witnesses before the committee shall prevaricate or misbehave in giving or refusing to give evidence, the chairman may, by direction of the committee, report the same to the house for the interposition of their authority or censure.

18. When the committee shall think it necessary to deliberate among themselves, they may, after hearing the evidence and counsel on both sides, direct the room to be cleared.

19. Decisions of the committee shall be made by, a majority of voices; and if the voices be equal, including the chairman, he shall have an additional casting vote.

20. The oaths by this Chapter directed to be taken in the house shall be administered by the Clerk or Assistant, and those before the committee by the chairman.

21. If the General Assembly shall be prorogued while a committee sit-committee shall be sitting, the committee shall not be dissolved, but shall be thereby adjourned to twelve o'clock on the fourth day following that on which the assembly shall meet again in session; and the former proceedings of the committee shall remain in force, and the committee shall meet at the time to which it shall be so adjourned, and continue to act as if there had been no prorogation.

Committee to report whether

ous.

22. The committee, when they report their final deterpetition frivol- mination to the house, shall also report whether the petition. did or did not appear to them frivolous or vexatious, and also whether the opposition thereto did or did not appear to them frivolous or vexatious; and such report shall be signed by the majority concurring therein.

If a petition reported frivolous, expenses recoverable.

23. When a petition shall be reported frivolous or vexatious, the sitting member shall be entitled to recover from the petitioners, or any of them, the expenses of opposing the same.