a select committee to try the petition, the general committee of elections appointed in the following session shall, within two days after their first meeting, in case the sureties are reported unobjectionable, appoint a day and hour for selecting a committee to try the petition so standing over.

9. Petitions in case of Double Return.] There is one case, viz., that of a double return, for which particular provision has been made by the Legislature. Cases of double return used formerly to arise from disputes as to who were the proper returning officers. Fowey, 1 Peck. 523; Downton, 3 Lud. 173; Oakhampton, 1 Frazer, 69.

Questions of this kind are not likely to arise at the present day; but the case of a double return arising from an equality of votes does occasionally occur. Montgomery Boroughs, 103 Journ. 218 (1848). On that occasion some difficulty was felt as to the right course to be adopted; and, in consequence, provision was made in the 11 & 12 Vict. c. 98, s. 21, for the mode of proceeding in cases of double return. All that need be observed in this place is, that they who complain of the double return must prepare and present their petition as in other cases of election petitions. If both of the parties returned intend to contest the right to the seat, the proper course will be for each to petition against the return of the other (a).

For, suppose the case of A., B., and C., returned on an equality of votes. If C. alone were to petition against the return of A. and B., and to unseat B.

(a) Knaresborough, 2 P. R. & D. 210.

unless B. had petitioned against the return of A., it may be doubtful whether he would be allowed afterwards to attack the seat of A. When there is a double return, neither of the members can vote until the right to the seat has been determined; because both are of course precluded from voting, where one only ought to vote, and neither of them has a better claim than the other (a).

It remains only here to be observed, that care should be taken that such a number of persons should be included in the petition, as petitioners, that the risk of its being defeated, either by accident or collusion, may be avoided; for when the time limited by the House for the reception of election petitions has expired, though the petitioner should die, or withdraw his petition in collusion with the sitting member, no fresh petition would be received by the House to attack the seat. Though, in this latter case, the parties might, under sect. 6 of 5 & 6 Vict. c. 102, present a petition complaining of extensive bribery if the original petition had contained charges of bribery. Vide post.

Having now considered who may attack the election or return, and the mode of preparing and presenting the election petition, we come next to consider who may oppose the prayer of the petition, and defend the election or return.

10. Who may defend the Election or Return.] Prima facie, the person whose seat is attacked is the person to oppose the petition, and defend his. election. But as circumstances may arise which may

(a) May's Law of Parliament, p. 344.

prevent him from defending his seat, or as the electors may have such an interest in the election that they are willing to join with the member in defending his election, or to undertake the sole defence of the seat when the member is unwilling to do so himself, provision has been made to enable electors to come in and defend the seat, together with the sitting member, or in his place when he is unable or unwilling to defend it. Sect. 19 of 11 & 12 Vict. c. 98.

The parties, therefore, who may defend, are the member himself, or electors who voted, or had a right to vote at the election.

Electors may join with the sitting member in the defence of the seat, if within fourteen days after the presentation of the election petition they petition the House to be admitted to defend the election or return, or oppose the prayer of the petition; and their petition will be referred by the House to the general committee of elections.

Electors may also defend by themselves in lieu of the member returned, where the seat is vacant, or the member declines to defend (a).

1st. Where seat vacant.] Where it happens that the seat becomes vacant by the death of the member or from his being summoned as a Peer of Parliament, or from the House having resolved that the seat of any member petitioned against has by law become vacant, in these three cases, electors may be admitted to oppose the prayer of the petition. It is obvious that it is only

(a) Electors may appear to defend not only without, but against the consent of the sitting member, who declines himself to defend. Wigan, B. & Arn. 788.

where the petition claims the seat for the unsuc cessful candidate that electors are likely to pray to be admitted to oppose the election petition under these circumstances for as in these three cases cited the member has ceased to represent them, they can have no interest to defend his return.

2ndly. When Member declines to defend his Seat.] In this case also electors may be admitted to defend the seat.

The mode of proceeding where electors wish to defend the seat together with the sitting member, or by themselves, when the member declines to defend his election, or the seat is vacant, is very clearly pointed out in the 18th and 19th sections of the 11 & 12 Vict. c. 98.

In the case of the vacancy of the seat (which is to be communicated to the Speaker by written certificate signed by two members), or if the member gives notice to the Speaker within fourteen days after the presentation of the petition that it is not his intention to defend his return, the Speaker immediately gives notice to the general committee, the members of the Chairman's panel, the sheriff, or other returning officer, and publishes it also in one of the next two London Gazettes, and communicates the fact to the House. The Sheriff or returning officer publishes this notice sent to him on or near the door of the County Hall, or Town Hall, or of the parish church nearest to the place where the election has usually been held, (sect. 18): and then electors who have voted, or had a right to vote at the election, may, if they petition within twenty-one days after the notice appeared in the Gazette, be admitted to defend the election or return. Every petition of

electors praying to be admitted to defend the return, or oppose the prayer of the petition, is referred to the general committee of elections. (Sect. 19.)

Where one of the sitting members who was himself defending his seat died pending the inquiry before the committee, the case being one of scrutiny, the committee refused to adjourn to enable electors to petition to be allowed to defend the return. Dublin, Fal. & F. 151.

11. Defence of Seat in case of Double Return.] The party whose return is complained of, or electors with him or on his behalf, may defend the return; but if the member whose return is complained of declines to defend, and if no one be admitted to defend within the time, that is to say, the said two periods of fourteen days, and twenty-one days (sect. 19); then if there is no petition against the other member returned on such double return, the last mentioned member, or the electors petitioning on his behalf, may withdraw their petition, whereupon all proceedings on the petition will cease, and the necessary directions will be given by the House for amending the return by taking off the file the indenture by which the person declining to defend was returned. (Sect. 21) (a).

12. Withdrawal of the Petition.] The petitioner may at any time after the presentation of the petition withdraw the same, upon giving notice in writing under his hand, or under the hand of his agent, to the Speaker, and to the sitting member or his agent, and to any person

(a) Knaresborough, 2 P. R. & D. 210.