or their agents, deliver in to the clerk of the general committee lists of the voters intended to be objected to, giving in the said lists the several heads of objection, and distinguishing the same against the names of the voters excepted to, not later than six o'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; and the said clerk shall keep the lists so delivered to him in his office open to the inspection of all parties concerned."

The expression " against the names," in this section, does not mean opposite, or over against each name; but the heads of objection may be stated at the head of a list or class, stating that all the voters in that class are objected to for the reasons assigned in the heading to the list. Where in the petitioner's list of objections the names of the voters objected to were bracketed together, and against the bracket was written, not the heads of objection themselves, but merely a reference to certain heads of objection prefixed as a heading to the class; this was held a sufficient compliance with the enactment that the several heads of objection should be distinguished against the names of the voters excepted to. Weymouth, Bar. & Aust. 108 (a).

Such witnesses as may be required to give evidence on the first day of the sitting of the committee, should be summoned by warrants from the Speaker, who is authorized "to issue his warrant for such persons, papers and records as shall be thought necessary by

(a) Post, Chapter on Scrutiny.

the several parties on the hearing of the matter of the said petition." (See Form in App.)

It may not be inexpedient here to call the attention of those persons who have the management of election petitions to the importance of having their case thoroughly prepared before the meeting of the committee. It sometimes happens that they trust to the chance of strengthening their case during the hearing of the petition; but it must be remembered that the counsel who opens the case must state all the facts, and enumerate all the parties bribed, and the persons bribing, in his opening speech. Though all the witnesses need not be summoned in the first instance, the petitioners ought to be in possession of what they can prove.

Proceedings before the Committee.] When the committee have all assembled at the time and place appointed, these or similar resolutions are read to the parties by the chairman :

1. That counsel will not be allowed to go into matters not referred to in their opening statement, without a special application to the committee for permission to do so."

2. "That if costs be demanded by either party under the 11 & 12 Vict. c. 98, the question must be raised immediately after the decision on that particular case, unless the committee shall otherwise decide."

3. "That the committee expect that with respect to cases of bribery, which it is intended to bring home to the sitting member or his agents, the counsel for the petitioners will now state the names of the

electors bribed, and those of the persons who actually gave the bribes" (a).

4. "The committee, however, reserve to themselves a power under the special application of counsel, to proceed with any case which tends to inculpate any principal or agent, the knowledge of which case has been brought out before the committee in the progress of the investigation, with the circumstances of which the parties could not be reasonably supposed to have been previously cognizant."

5. "That with respect to treating, the committee will expect counsel to state the times and places where such treating is alleged to have taken place (b). The committee, however, reserving to themselves a discretionary power, as in cases of bribery."

6. "That no person shall be examined as a witness who shall have been in the room during any of the proceedings, with the exception of the agents whose names shall be handed in, without the special leave of the committee."

In addition to these resolutions committees sometimes "direct counsel to confine themselves, with reference to points, as far as possible to the quotation of legal, and not parliamentary decisions" (c).

(a) Where lists of the electors bribed are handed in they need not state time or place. 2nd Harwich, 1 P. R. & D. 317. (b) It has been held not to be necessary to specify the times at which the treating took place at the public houses, &c., mentioned in the lists handed in. Bodmin, 1 P. R. & D. 135.

(c) Dartmouth, 2 P. R. & D. 152.

A short-hand writer is then sworn by the chairman (a).

Who may be heard before the Committee.] It was formerly a matter of frequent discussion whether several petitioners could be heard separately, and whether the returning officer could be heard by counsel when his conduct was complained of (b).

If there are two petitions, one of which alleges bribery, and the other prays a scrutiny only, the petitions could not be tried together; but as the two parts of the inquiry would be quite separate, the right course would be to dispose of the petition for bribery in the first instance. By the 48th section of 11 & 12 Vict. c. 98, it is provided, "that when more than one election petition relating to the same election or return have been referred to the general committee, they shall be bracketed together, and such petitions shall afterwards be dealt with as one petition." This refers to the mode of dealing with the petitions by the general committee. It is not intended that where the object of the petitions is dissimilar they should be dealt with as one by the select committee. It would be hard upon the parties claiming the majority of legal votes, that they should be held responsible in costs for a frivolous and vexatious charge of bribery made in another petition by other parties.

the

It is quite clear that when the statements contained in the two petitions are the same, and the prayer same, two sets of petitioners will not be allowed to appear separately. Liskeard, 2 Peck. 317.

(a) Oath in App.

(b) Rogers on Elect. Com. p. 55.

In a recent case two petitions were presented against the return of the sitting members. One by electors alleging bribery and treating, the other by an unsuccessful candidate, also alleging bribery and treating against the sitting members, and praying for a scrutiny. Separate counsel and agents appeared to represent these petitions, but one only was opened before the committee, and the committee came to a decision and unseated the members without hearing the second petition. The second petitioner might then, if he had thought fit, have gone into the allegations not contained in the first petition, but he abandoned his claim to the seat (a).

When several petitions contain distinct allegations against sitting members, they are usually heard separately. Aylesbury, 1848. Printed Minutes.

When the charges against two sitting members are identical, and they have stood on the same interest and have employed the same agents, much time is often lost by allowing them to appear separately. Worcester, 3 Doug. 276. In the Camelford case (b), the sitting members, under this state of circumstances were not allowed to appear by separate counsel.

When the sitting members have stood on the same interest, but have had different agents, committees and managers, they have been allowed to appear separately. Bodmin, 1848 (c); Bridgenorth, 1853 (d) ; Barnstaple, 1855 (e). In the Bodmin case (c), one of the sitting members proposed to call witnesses, the

(a) Maldon, 2 P. & D. 143.

(c) 1 P. R. & D. 136.

(b) C. & D. 252. (d) 2 P. R. & D. 20.

(e) 2 P. R. & D. 336.