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who
may
have been admitted to

oppose

the prayer

of the petition, that it is not intended to proceed therewith. In such case the petitioner will be liable to the payment of such costs and expenses as have been incurred by the parties opposing the petition, to be taxed as in other cases. (Sect. 8). The withdrawal of one of two petitioners does not affect the locus standi of the other; Athlone, Bar. & Aust. 662; nor does it alter the position of the sureties.

The power which petitioners possess of withdrawing their petitions at any time before the select committee is appointed to try them is often much abused. It has happened, not unfrequently, that petitions have been presented, not for the purpose of being tried, but in order that they may be a set-off against other petitions when it is proposed to compromise them. In the session of 1853, select committees were appointed on several occasions to inquire into the circumstances attending the withdrawal of certain election petitions. In one of these cases (a) the committee, after acquitting the persons engaged in the transaction of any corrupt or unworthy motives, reported, “that the withdrawal of the petition in question formed part of an arrangement and compromise entered into between the agents managing the several election petitions for their respective parties in the House, in pursuance of which arrangement eight petitions were simultaneously withdrawn, implicating the seats of ten members." The report concluded thus: “Your committee think it right to direct the serious attention of the House to the facility that at present exists for originating and withdrawing

(a) Norwich, Pr. Mins. 108. Journ. 346.

election petitions, and to the public scandal that is notoriously created by the process of what political partisans, and the parties professionally engaged therein, term “pairing off petitions, which abuse takes place under cover of the 8th section of the Election Petitions Act, 1848; and whether it is not desirable that such alterations should be made in the said law as shall prevent the continuance of a system which, in the opinion of your committee, is calculated to cause injustice and expense to innocent parties, and to bring the proceedings of this branch of the Legislature into contempt, as restricting this House in the exercise of the power of administering relief which the law, through the medium of election petitions, was specifically passed to afford" (a).

In another case (6) the select committee appointed to inqure into the circumstances attending the withdrawal of a petition, after stating the facts, reported,“ Your committee regard with much disapprobation an attempt made on the one side to get rid of opposition to a candidate by the threat of a petition; and, on the other, the defeat of that petition by presenting another, the prayer of which was avowedly fictitious and illusory, and calculated to interfere with the rights of a constituency, by inducing Parliament to delay the issue of the writ: your committee are of opinion that the state of the law which permits the valuable right of petitioning to be perverted from a remedy for public wrong into a weapon of electioneering warfare, deserves the serious consideration of the House."

(a) Norwich Election Petitions, 108 Journ. 346. See also Berwick, ib. 593.

(b) Durham, ib. 605. See Pr. Mins.

298

CHAPTER VI.

COMMITTEES.

In order to prevent the general complaints of partiality and incompetence that used to be made against committees, while they were appointed under the system of the ballot, a very beneficial change was introduced in the year 1839, when a new machinery was established for the construction of election committees. The principle of that system has been preserved, but gradually improved, by the different enactments which have passed from that year down to the year 1848, when the act now in force was passed (a).

The first step taken towards the constitution of the election committee is the appointment of the general committee.

The General Committee.] In the first session of every new Parliament, on the day after the last day allowed for receiving election petitions, and in every subsequent session, as soon as convenient after the commencement of the session, the Speaker appoints by warrant under his hand six members, willing to serve,

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

who are neither petitioned against, nor petitioners in any election petition, to constitute the general conmittee of elections. This warrant is laid on the table of the House ; and if not disapproved of by the House in the course of the three next days on which the House meets for the dispatch of business, takes effect as the appointment of the general committee. (Sect. 22).

If the warrant is disapproved of in whole as to all the members, or in part as to some of them, the Speaker, on or before the third day on which the House meets after such disapproval, lays upon the table a new warrant, which

may
contain the name of

any

member included in the former warrant who has not been specially disapproved of. (Sects. 23, 24, 25).

The appointment is to continue for the session, unless any member of the committee resign his appointment, or is prevented by continued illness from attending (sect. 26). When a vacancy occurs in the general committee, the Speaker is to inform the House, the proceedings of the committee being in the mean time suspended. (Sect. 27).

The general committee is to be forthwith dissolved, if the committee shall report the continued absence of more than two members, or that, by reason of irreconcileable difference of opinion, they are unable to proceed in the discharge of their duties,- or if the House itself resolve that the committee shall be dissolved.

(Sect. 27).

When a vacancy in the committee is to be supplied, or & re-appointment to be made on the dissolution thereof, the Speaker appoints by warrant, subject to disapproval as in the case of the original appointment of the committee ; on a re-appointment, the Speaker

or favour.

may, if he thinks fit, re-appoint any of the members of the former committee, who are then willing and not disqualified to serve.

If, at the time of the suspension of the proceedings, or dissolution of the general committee, there be any business appointed to be transacted by them on any certain day, the Speaker may adjourn the transaction of such business to such other day as may to him seem convenient. (Sect. 36).

The committee meet at the time and place appointed by the Speaker, the members of it having first been sworn at the table of the House, by the clerk, truly and faithfully to perform the duties belonging to a member of the said committee, to the best of their judgment and ability, without fear (Sect. 30).

Four members of the general committee must be present for the transaction of all business before them. (Sect. 31.) The general committee subject to the provisions of the act may make regulations for the conducting of the business before them. (Sect. 32).

The committee is to be attended by one of the committee clerks, to be selected by the clerk of the House. The committee clerk is to make a minute of the proceedings of the committee, a copy of which is from time to time to be laid before the House. (Sect. 33).

All election petitions received by the House are referred by the House to the general committee, in order that select committees may be appointed to try them. (Sect. 46). Every report of the examiner of recognizances concerning the recognizances, is communicated to the general committee, as well as to the · House (ib.) Whenever a petition is withdrawn, or the examiner of the recognizances reports that the recog.

a

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