circumstances admit, as a judge of assize is received at an assize town; he shall be received by the sheriff in the case of a petition relating to a county election, and in any other case by the mayor, in the case of a borough having a mayor and in the case of a borough not having a mayor by the sheriff of the county in which the borough is situate, or by some person named by such sheriff.

The travelling and other expenses of the judge, and all expenses properly incurred by the sheriff or by such mayor or person named as aforesaid in receiving the judge and providing him with necessary accommodation and with a proper court, shall be defrayed by the commissioners to the treasury out of money to be provided by Parliament. XXIX. On the trial of an election petition under this Act the judge shall, subject to the provisions of this Act, have the same powers, jurisdic tion, and authority as a judge of one of the superior courts and as a judge of assize and nisi prius, and the court held by him shall be a court of record.

XXX. The judge shall be attended on the trial of an election petition under this Act in the same manner as if he were a judge sitting at nisi prius, and the expenses of such attendance shall be deemed to be part of the expenses of providing a court.

Wilnesses.

XXXI. Witnesses shall be subpoenaed and sworn in the same manner as nearly as circumstances admit as in a trial at nisi prius, and shall be subject to the same penalties for perjury.

XXXII. On the trial of an election petition under this Act the judge may, by order under his hand, compel the attendance of any person as a witness who appears to him to have been concerned in the election to which the petition refers, and any person refusing to obey such order shall be guilty of contempt of court. The judge may examine any witness so compelled to attend or any person in court although such witness is not called and examined by any party to the petition. After the examination of a witness as aforesaid by a judge such witness may be cross-examined by or on behalf of the petitioner and respondent, or either of them.

XXXIII. The provisions of the seventh section of the Act of the session of the twenty-sixth and twenty-seventh years of the reign of Her present Majesty, chapter twenty-nine relating to the examination and indemnity of witnesses, shall apply to any witness appearing before a judge on the trial of an election petition under this Act, in the same manuer as in the case of a trial before a committee of the House of Commons before the passing of this Act, and the certificate shall be given under the hand of the judge.

XXXIV. The reasonable expenses incurred by any person in appearing to give evidence at the trial of an election petition under this Act according to the scale allowed to witnesses on the trial of civil actions at the assizes, may be allowed to such persons by a certificate under the hand of the judge or of the prescribed officer, and such expenses if the witness was called and examined by the judge shall be deemed part of

the expenses of providing a court, and in other cases shall be deemed to be costs of the petition.

Withdrawal and Abatement of Election Petitions.

XXXV. An election petition under this Act shall not be withdrawn without the leave of the court or judge upon special application to be made in and at the prescribed manner, time, and place.

No such application shall be made for the withdrawal of a petition until the prescribed notice has been given in the county or borough to which the petition relates of the intention of the petitioner to make an application for the withdrawal of his petition.

On the hearing of the application for withdrawal any person who might have been a petitioner in respect of the election to which the petition relates may apply to the court or judge to be substituted as a petitioner for the petitioner so desirous of withdrawing the petition.

The court or judge may, if it or he think fit, substitute as a petitioner any such applicant as aforesaid; and may further if the proposed withdrawal is in the opinion of the court or judge induced by any corrupt bargain or consideration, by order direct that the security given on behalf of the original petitioner shall remain as security for any costs that may be incurred by the substituted petitioner and that to the extent of the sum named in such security the original petitioner shall be liable to pay the costs of the substituted petitioner.

If no such order is made with respect to the security given on behalf of the original petitioner, security to the same amount as would be required in the case of a new petition, and subject to the like conditions, shall be given on behalf of the substituted petitioner before he proceeds with his petition, and within the prescribed time after the order of substitution.

Subject as aforesaid a substituted petitioner shall stand in the same position as nearly as may be, and be subject to the same liabilities as the original petitioner.

If a petition is withdrawn, the petitioner shall be liable to pay the costs of the respondent.

Where there are more petitioners than one, no application to withdraw a petition shall be made except with the consent of all the petitioners.

XXXVI. In every case of the withdrawal of an election petition under this Act the court or judge shall report to the Speaker whether in its or his opinion the withdrawal of such petition was the result of any corrupt arrangement, or in consideration of the withdrawal of any other petition, and if so the circumstances attending the withdrawal.

XXXVII. An election petition under this Act shall be abated by the death of a sole petitioner or of the survivor of several petitioners. The abatement of a petition shall not affect the liability of the petitioner to the payment of costs previously incurred.

The abatement of a petition, the prescribed notice of such abatement having taken place shall be given in the county or borough to which the petition relates, and within the prescribed time after the notice is given, any person who might have been a petitioner in respect of the election to which the petition relates may apply to the court or judge in and at the prescribed manner, time, and place, to be substituted as a petitioner.

The court or judge may, if it or he think fit, substitute as a petitioner any such applicant who is desirous of being substituted and on whose behalf security to the same amount is given as is required in the case of a new petition.

XXXVIII. If before the trial of any election petition under this Act any of the following events happen in the case of the respondent; (that is to say,)

(1.) If he dies:

(2.) If he is summoned to Parliament as a peer of Great Britain by a writ issued under the great seal of Great Britain :

(3.) If the House of Commons have resolved that his seat is vacant: (4.) If he gives in and at the prescribed manner and time notice.to

the court that he does not intend to oppose the petition:

Notice of such event having taken place shall be given in the county or borough to which the petition relates, and within the prescribed time after the notice is given any person who might have been a petitioner in respect of the election to which the petition relates may apply to the court or judge to be admitted as a respondent to oppose the petition, and such person shall on such application be admitted accordingly, either with the respondent, if they be a respondent, or in place of the respondent; and any number of persons not exceeding three may be so admitted.

XXXIX. A respondent who has given the prescribed notice that he does not intend to oppose the petition shall not be allowed to appear or act as a party against such petition in any proceedings thereon, and shall not sit or vote in the House of Commous until the House of Commons has been informed of the report on the petition, and the court or judge shall in all cases in which such notice has been given in the prescribed time and manner report the same to the Speaker of the House of Commons.

XL. Where an election petition under this Act complains of a double return and the respondent has given notice to the prescribed officer that it is not his intention to oppose the petition, and no party has been admitted in pursuance of this Act to defend such return, then the petitioner if if there be no petition complaining of the other member returned on such double return, may withdraw his petition by notice addressed to the prescribed officer, and upon the receipt of such notice the prescribed officer shall report the fact of the withdrawal of such petition to the Speaker, and the House of Commons shall thereupon give the necessary directions for amending the said double return by taking off the file the indenture by which the respondent so declining to oppose the petition was returned, or otherwise as the case may require: [provided always, that this section shall not apply to Ireland.] (a)

Costs.

XLI. All costs, charges, and expenses of and incidental to the presentation of a petition under this Act, and to the proceedings consequent thereon, with the exception of such costs, charges, and expenses as are by this Act otherwise provided for, shall be defrayed by the parties to the

(a) Repealed by the 35th and 36th Victoriæ, cap. 33.

petition in such manner and in such proportions as the court or judge may determine, regard being had to the disallowance of any costs, charges, or expenses which may in the opinion of the court or judge have been caused by vexatious conduct, unfounded allegations, or unfounded objections the part either of the petitioner or the respondent, and regard being had to the discouragement of any needless expense by throwing the burden of defraying the same on the parties by whom it has been caused, whether such parties are or not on the whole successful.

The costs may be taxed in the prescribed manner but according to the same principles as costs between attorney and client are taxed in a suit in the High Court of Chancery, and such costs may be recovered in the same manner as the costs of an action at law, or in such other manner as may be prescribed.

XLII. If any petitioner in an election petition presented under this Act neglect or refuse for the space of six months after demand to pay to any person summoned as a witness on his behalf, or to the respondent any sum certified to be due to him for his costs, charges, and expenses, and if such neglect or refusal be, within one year after such demand, proved to the satisfaction of the court of elections, in every such case every person who has entered into a recognizance relating to such petition under the provisions of this Act shall be held to have made default in his said recognizance, and the prescribed officer shall thereupon certify such recognizance to be forfeited, and the same shall be dealt with in England in manner provided by the Act of the third year of the reign of King George the fourth, chapter forty-six, and in Ireland in manner provided by "The fines Act (Ireland), 1851."

Punishment of corrupt Practices.

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XLIII. Where it is found, by the report of the judge upon election petition under this Act, that bribery has been committed by or with the knowledge and consent of any candidate at an election, such candidate shall be deemed to have been personally guilty of bribery at such election, and his election, if he has been elected, shall be void, and he shall be incapable of being elected to and of sitting in the House of Commons during the seven years next after the date of his being found guilty; and he shall further be incapable during the said period of seven years—

(1.) Of being registered as a voter and voting at any election in the United Kingdom; and

(2.) Of holding any office under the Act of the session of the fifth

and sixth years of the reign of His Majesty King William the Fourth, chapter seventy-six, or of the session of the third and fourth years of the reign of Her present Majesty, chapter one hundred and eight, or any municipal office; and

(3.) Of holding any judicial office, and of being appointed and of acting as a justice of the peace.

XLIV. If on the trial of any election petition under this Act any candidate is proved to have personally engaged at the election to which such petition relates as a canvasser or agent for the management of the

election, any person knowing that such person has within seven years previous to such engagement been found guilty of any corrupt practice by any competent legal tribunal, or been reported guilty of any corrupt practice by a committee of the House of Commons, or by the report of the judge upon an election petition under this Act, or by the report of commissioners appointed in pursuance of the Act of the session of the fifteenth and sixteenth years of the reign of Her present Majesty, chapter fifty-seven, the election of such candidate shall be void.

XLV. Any person, other than a candidate, found guilty of bribery in any proceeding in which after notice of the charge he has had an opportunity of being heard, shall, during the seven years next after the time at which he is so found guilty, be incapable of being elected to and sitting in Parliament; and also be incapable

(1.) Of being registered as a voter and voting at any election in the united kingdom; and

(2.)

(3.)

Of holding any office under the Act of the session of the fifth and sixth years of the reign of His Majesty King William the Fourth, chapter seventy-six, or of the session of the third and fourth years of the reign of Her present Majesty, chapter one hundred and eight, or any municipal office; and

Of holding any judicial office, and of being appointed and of acting as a justice of the peace.

XLVI. For the purpose of disqualifying, in pursuance of the thirty-sixth section of" The Corrupt Practices Prevention Act, 1854," a member guilty of corrupt practices, other than personal bribery within the fortythird section of this Act, the report of the judge on the trial of an election petition shall be deemed to be substituted for the declaration of an election committee and the said section shall be construed as if the words "reported by a judge on the trial of an election petition were inserted therein in the place of the words "declared by an election committee."

"

XLVII. If at any time after any person has become disqualified by virtue of this Act, the witnesses, or any of them, on whose testimony such person shall have so become disqualified, shall, upon the prosecution of such person, be convicted of perjury in respect of such testimony, it shall be lawful for such person to move the Court to order, and the Court shall, upon being satisfied that such disqualification was procured by reason of perjury, order, that such disqualification shall thenceforth cease and determine, and the same shall cease and determine accordingly.

Miscellaneous.

XLVIII. If any returning officer wilfully delays, neglects, or refuses duly to return any person who ought to be returned to serve in Parliament for any county or borough, such person may, in case it has been determined on the hearing of an election petition under this Act that such person was entitled to have been returned, sue the officer having so wilfully delayed, neglected, or refused duly to make such return at his election in any of Her Majesty's Courts of record at Westminster, aud shall recover double the damages he has sustained by reason thereof,