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the recited Act

Proceedings under the said Act should be extended:' Be it therefore enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That the several Returns, Special Proceedings Sessions, Presentments, and Proceedings which, under the Pro- which under visions of the said recited Act, should or might be made, held, might be done or taken previous to or at the Spring Assizes in the Year One at the Spring thousand eight hundred and forty-eight, shall and may be Assizes, may made, held, and taken in like Manner previous to or at the Manner at the Summer Assizes of the same Year, notwithstanding any Special Summer AsSessions or Proceedings that may have been previously held or sizes of this taken under the said recited Act; and that all the Powers and Year. Provisions of the said recited Act shall extend and apply to the said Summer Assizes, and to any Grand Jury empannelled thereat, and to the Returns, Presentments, Matters, and Things to be made or done thereat, or previously or subsequently thereto, as fully and effectually as to the said Spring Assizes, or to any Grand Jury empannelled thereat, or to the Returns, Presentments, Matters, and Things to be made or done thereat, or previously or subsequently thereto.

II. And whereas it is by the said recited Act amongst other Time for holdthings enacted, that in certain Cases therein mentioned the ing PresentSecretary of the Grand Jury of any County shall, by Notice ment Sessions for the County ⚫ under his Hand, convene a Special Presentment Sessions for extended. the County, to be holden at such Time as shall be specified in such Notice, not being sooner than Seven Days from the Time of posting such Notice nor later than Six Weeks after the First Special Presentment Sessions shall have been held ⚫ for any Barony or Half Barony within such County under the Provisions of the said Act;' be it enacted, That any such Special Presentment Sessions for the County shall and may, in the like Cases as in the said Act provided for the holding of such Sessions, notwithstanding any such Special Sessions that may have been previously held under the said recited Act, be convened by the Secretary of the Grand Jury by Notice under his Hand, to be holden in the County Court House, for the Purposes of the said Act and this Act, at such Time as shall be specified in such Notice, not being sooner than Seven Days from the Time of posting such Notice nor later than Six Weeks after the First Special Presentment Sessions shall have been held after the passing of this Act for any Barony or Half Barony of such County, for the Purposes of the said recited Act and this Act, and subject to like Provisions.

III. And be it declared and enacted, That any Sessions As to Adjournholden under the Provisions of the said recited Act and this ment of Sessions held Act may be continued from Day to Day, or may be adjourned, under recited as shall be found expedient or necessary: Provided always, that Act and this within Thirty Days from the Termination of such adjourned or Act. continued Sessions the adjourned Sessions for the opening of sealed Tenders and Proposals, as in the said recited Act mentioned, may be holden for the Purposes in the said Act mentioned.

IV. And

Recited Act

and this construed as one. Act may be

amended, &c.

7 & 8 Vict. c. 103.

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IV. And be it enacted, That the said recited Act and this Act shall be construed together as One Act.

V. And be it enacted, That this Act may be amended or repealed by any Act to be passed in this present Session of Parliament.

WH

CAP. XVIII.

An Act to remove certain Doubts as to the Law for the Trial of controverted Elections. [5th May 1848.] WHEREAS Petitions have been presented in several Cases to the House of Commons, complaining of an undue Election or Return of a Member or Members to serve in Parliament: And whereas such Petitions are endorsed by a • Certificate under the Hand of the Examiner of Recognizances, to the Effect that the Recognizances required by an Act passed in the Eighth Year of the Reign of Her present Majesty, intituled An Act to amend the Laws for the Trial of 'controverted Elections of Members to serve in Parliament, have been entered into and received by him, with the Affidavits thereunto annexed: And whereas in some of such Cases Doubts have been entertained as to the Validity of the Recognizances so entered into as aforesaid: And whereas in 6 some of the Cases wherein such Doubts have been entertained as aforesaid other Petitions have also been presented from the sitting Member or Members, complaining of the Invalidity of the Recognizances entered into in pursuance of the said recited Act, and praying for Relief in the Premises: And whereas it is desirable that the Doubts herein-before ⚫ mentioned should be put an end to, and that a Mode of proceeding should be prescribed with respect to the Determination of the several before-mentioned Petitions:' Be it therefore enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and Sitting Mem- by the Authority of the same, That in all Cases of Election bers may, in all Petitions which shall have been presented before the First of March in the present Year, and which shall after the passing of this Act be tried during the present Session of Parliament, it shall be lawful for all and every the sitting Members and Member against whose Return any such Petition shall have Recognizance, been presented, by themselves or himself, or their or his Agents or Agent, to deliver in to the Clerk of the General Committee of Elections, not later than Six of the Clock in the Afternoon on the Sixth Day next before the Day appointed for choosing the Committee to try the Petition complaining of such Election or Return, Notice in Writing that a preliminary Objection will be made before such Select Committee to the Form or Substance of the Recognizance or Recognizances entered into by or on behalf of the Petitioner or Petitioners against such Return, provided that the Ground or Grounds of such Objection be not such as would, under the said recited Act, have entitled any sitting Member petitioned against to object to the Sureties or

Cases of Election Petitions

presented before the

1st of March,

object to the

on Grounds omitted to be specified in recited Act.

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any

any of them who shall have entered into such Recognizance or Recognizances, and that the Grounds of Objection be stated in such Notice.

ceed to try the

Merits of the Return.

zances be

ther Proceed

ings to be had on Petition.

II. And be it enacted, That in all Cases in which such Select CommitNotice of Objection shall have been delivered in as aforesaid tee appointed the Select Committee chosen to try the Election Petition or Petition shall to try Election Election Petitions to which such Notice relates shall in the inquire first first instance inquire into and decide upon such preliminary into such preObjection; and such Select Committee shall have, for the Pur- jection, and if liminary Obpose of such Inquiry and Decision, all the Powers given to Recognizance Select Committees by the said recited Act for the Purpose of be good protrying the Merits of the Return or Election petitioned against; and if such Select Committee shall be of opinion that such Recognizance or Recognizances is or are good and valid for all the Intents and Purposes of the said recited Act, such Committee shall decide that the same is or are good, and shall thereafter proceed to try the Merits of the Return or Election the Petition relating to which shall have been referred to them; and if such If RecogniCommittee shall be of opinion that the Recognizance or Recog- invalid through nizances objected to are void, and that such Invalidity is in any Neglect of Petidegree attributable to the Neglect or Laches of the Petitioner tioners, no furor Petitioners, or the Party or Parties entering into such Recognizance or Recognizances, or their or any of their Agents, then the Committee shall report to the House accordingly, and no further Proceeding shall be had upon such Petition or Petitions, and the Order referring the same to such Select Committee shall be discharged; and if such Select Committee shall be of If Recogni opinion that such Recognizance or Recognizances are void, as zances be void, but not through herein-before mentioned, but that any such Invalidity as afore- the Neglect of said is in no degree attributable to the Neglect or Laches of the the Petitioners, Petitioner or Petitioners, or of the Party or Parties entering or if of doubt. into such Recognizance or Recognizances, or their or any of Committee their Agents, or shall be of opinion that the Validity of such may amend Recognizance or Recognizances is doubtful, or that any Party Petitioners may for whose Security such Recognizance or Recognizances was or enter into new were intended might be embarrassed in enforcing the same, then Recognizances the Committee shall (as the Case may be) decide accordingly, and in either Case that such Recognizance or Recognizances may be amended; and thereupon, if the Person or Persons who shall have entered into such Recognizance or Recognizances, or the Survivors or Survivor of them, shall consent thereto, in Writing signed by his or their Hand or Hands, the Committee shall forthwith, by their Chairman, amend such Recognizance or Recognizances, by making the same conformable to the Form of Recognizance contained in the Schedule to the said recited Act, and the Chairman shall write in the Margin of the same, against every Amendment, the Words "amended by Committee," and shall sign his Name to such Words; or it shall be lawful for the Petitioner or Petitioners forthwith, before the Examiner of Recognizances who shall for that Purpose attend the Committee, to enter into a new Recognizance or new Recognizances, with sufficient Sureties, (as required by the said

recited

ful Effect,

the same, or

Amended or

new Recogni

zances to have

the same Effect as when originally entered into, and the Decision of the

Committee, that the same is good, to be final.

Recited Act and this Act to

be read as one.

Act may be

11 VICT. recited Act,) previously approved of by the Committee, who shall have, for the Purpose of inquiring into the Sufficiency of such Sureties, all the said Powers given to Select Committees by the said recited Act, and the Committee shall also be satisfied that the new Recognizance or Recognizances is or are in due Form and valid; and the Committee, having made such Amendment, or being satisfied with such new Recognizance or Recognizances, shall decide that the Recognizance or Recognizances so amended or newly entered into is or are good, and shall proceed to try the Merits of the Return or Election as aforesaid; but if the Person or Persons who shall have entered into such Recognizance or Recognizances shall not consent in manner aforesaid to such Amendment, and if no new Recog nizance or Recognizances shall be entered into as aforesaid, the Committee shall report to the House that such Recognizance or Recognizances ought to be amended, or new Recognizances entered into, but that the Parties have not consented to such Amendment or entered into new Recognizances, and thereupon no further Proceedings shall be had upon the Petition referred to such Committee, and the Order referring the same to them shall be discharged.

III. And be it enacted, That all and every Recognizances and Recognizance which shall be amended by any Select Committee shall after such Amendment have, and shall be held and taken in all Courts to have had, from the Time when the same were or was entered into, the same Force and Effect for all Intents and Purposes whatsoever as if the same when entered into had been in the Words and Figures in which the same shall be when so amended as aforesaid; and the marginal Words "amended by Committee," written against any Amendment in the same, and appearing to be signed as aforesaid, shall be Evidence in all Courts that such Amendment was duly made, and such marginal Words duly signed, under the Authority of this Act; and any new Recognizance or Recognizances which shall be entered into under the Authority of this Act shall have, and shall be taken to have had from before the receiving of the Petition to which the same shall relate, the same Force and Effect to all Intents and Purposes as if the same had been duly entered into under the said recited Act before the receiving of such Petition, and as if the Examiner of Recognizances had reported to the Speaker that the Sureties entering into the same are unobjectionable; and the Decision of every Select Committee that any Recognizance or Recognizances, or that any amended Recognizance or Recognizances, is or are good, shall be final and conclusive against all Parties, and the Validity of any such Recognizance or Recognizances shall not be called in question in any Court upon any Ground or Pretence whatever.

IV. And be it enacted, That the said recited Act and this Act shall be read and construed together as One Act.

V. And be it enacted, That this Act may be amended or amended, &c. repealed by any Act to be passed in this Session of Parliament.

САР.

CAP. XIX.

An Act to indemnify such Persons in the United King
dom as have omitted to qualify themselves for Offices
and Employments, and to extend the Time limited
for those Purposes respectively until the Twenty-fifth
Day of March One thousand eight hundred and
forty-nine.
[9th June 1848.]

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WHEREAS divers Persons who, on account of their Offices, Places, Employments, or Professions, or any other Cause or Occasion, ought to have taken and subscribed the Oaths or Assurance respectively appointed to be by such Persons taken and subscribed in and by an Act passed in the First Year of the Reign of His Majesty King George the First, of glorious Memory, intituled An Act for the further 1 G. 1. st. 2. Security of His Majesty's Person and Government, and the c. 13: Succession of the Crown in the Heirs of the late Princess Sophia, being Protestants; and for extinguishing the Hopes of the pretended Prince of Wales, and his open and secret Abettors; or to have qualified themselves according to an Act passed

in the Thirteenth Year of the Reign of His Majesty King

Charles the Second, intituled An Act for the well-governing 13 C. 2. st. 2. and regulating of Corporations; or to have qualified them- c.1. selves according to another Act passed in the Twenty-fifth "Year of the Reign of His Majesty King Charles the Second, 'intituled An Act for preventing the Dangers which may happen 25 C. 2. c. 2. from Popish Recusants; or according to another Act passed

in the Thirtieth Year of the Reign of His Majesty King

• Charles the Second, intituled An Act for the more effectual 30C. 2. st. 2. preserving the King's Person and Government, by disabling

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Papists from sitting in either House of Parliament; or accord

ing to another Act passed in the Eighth Year of the Reign of

His Majesty King George the First, intituled An Act for 8 G. 1. c. 6.

granting the People called Quakers such Forms of Affirmation

or Declaration as may remove the Difficulties which many of them lie under; or according to another Act passed in the Ninth Year of the Reign of His Majesty King George the Second, intituled An Act for indemnifying Persons who have 9 G. 2. c. 26. omitted to qualify themselves for Offices within the Time limited

by Law, and for allowing further Time for that Purpose; and for amending so much of an Act passed in the Second Year of "the Reign of His present Majesty as requires Persons to qualify themselves for Offices before the End of the next Term or Quarter Sessions; and also for enlarging the Time limited by Law for making and subscribing the Declaration against Tran"substantiation; and for allowing a further Time for Enrolment of Deeds and Wills made by Papists; and for Relief of Pro'testant Purchasers, Devisees, and Lessees; or according to another Act passed in the Eighteenth Year of the Reign of His Majesty King George the Second, intituled An Act to 18 G. 2. c. 20. amend and render more effectual an Act passed in the Fifth • Year

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